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HomeMy WebLinkAboutO-15-03 Temporary UseORDINANCE NO. 0-15-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.2(a)(7) REGARDING PERMITTED LOCATIONS FOR TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council held a public hearing on January 14'h, 2015, and approved Ordinance 0-14-06 amending Section 54-2-3.2 regarding procedures and criteria for review of temporary uses; and WHEREAS, after additional consideration, the City Council wishes to revise the permitted locations allowed for temporary uses and special events; and WHEREAS, the Local Planning Agency held a public hearing on March 5, 2015, and made a recommendation to City Council to approve Ordinance 0-15-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, Chapter 54 Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Sec. 54-2.3.2. - Procedures and criteria for review of temporary uses. A temporary use shall be allowed for transient merchants and special events as defined in Section 54-5-22.2, and held on privately -owned property (with the exception of circuses, and sales of motor and recreational vehicles; provided, however, that this prohibition on the sales of motor and recreational vehicles shall not include boats) upon issuance of a temporary use permit by the city manager or his designee, based upon compliance with all applicable regulations of this chapter and other city regulations. (a) A temporary use permit will be issued if the following requirements and standards are met: (1) Maximum of six events per calendar year per host site. (2) Only temporary pavilions may be erected and utilized for the operation. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 300 square feet in area may be utilized. All temporary facilities designed to be occupied by the public must be inspected by the fire department after installation, and prior to occupancy. (3) No utility connection shall be permitted except for temporary electrical power which must be approved by the building department. (4) If the applicant is not the owner of the event location, a cash bond in the amount of $200.00 shall be submitted to the city. Within seven days after a temporary use permit expiration, all items related to the operation or event shall be removed from the site. The city may use the entire amount of submitted funds to pay for disposal of all related items remaining on the site seven days after permit expiration. The city may also use such funds to remove prohibited off -premise signs during and/or after the event. Upon vacating and cleaning up a site, an applicant may request, in writing, return of the submitted funds. Permit applicants will be refunded the submitted cash bond amount if: a. The city has not used the funds under the conditions described above; and b. The site is inspected by the city, it is verified that the site has been cleaned up, and all temporary use items have been removed. c. In cases where the city has used the $200.00 cash bond for site cleanup or off - premise sign removal, no subsequent temporary use permits shall be issued to the same applicant whose vacated operation caused cash bond default and resultant cleanup by the city. (5) Holders of temporary use permits for an activity shall not be required to obtain a business tax receipt for that activity provided that no permanent modifications are made to the site to accommodate re -occurring events. Permanent modifications will require a site plan application and business tax receipt. (6) No temporary use shall operate within a public right-of-way. No operation within an easement shall be permitted unless specifically allowed by all parties having interest in such easement. (7) Location of event shall be on an improved lot within a commercial or public service district. Events held within a public service district in a residential area shall be restricted to non- commercial uses. (8) A maximum of 30% of the required parking stalls of the host site may be utilized by the temporary use. This percentage may be increased based on satisfactory documentation indicating additional parking and/or transportation needs have been provided for the total impact of the proposed event. (9) Food concessions, including food trucks, as accessory to the temporary use are prohibited unless provided by the host site. In addition, alcohol sales accessory to the temporary use are prohibited unless the host site holds a current alcohol license. (10) Temporary toilet facilities may be required by the applicant depending on location and size of the event. Amount will be determined by the building official based on estimation of attendance of the event. (11) Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the police chief based on the size of the event. (12) [Reserved.] (13) Prior to city manager review, approval must be obtained from the police chief and the building director. Approval or denial shall be based on items (1) through (11) above and consideration shall be reviewed on the total magnitude of impact that may be detrimental to the health, safety and general welfare of the community. Sec. 54-2-3.3. - Time limits. (a) Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales or other similar use shall be in operation not more than 45 consecutive days per salelevent on any given site. (b) Transient merchants of any non -seasonal sales merchandise shall be in operation not more than ten consecutive days per sale/event on any given site. (c) Special events shall be in operation not more than seven consecutive days per sale/event on any given site. Sec. 54-2.3.4. - Application. (a) Temporary use permits shall be obtained by furnishing a completed application for such permit to the community development department. The following information as applicable shall be provided: (1) Application to be made by the owner or lessee of the host site. (2) Location of site and the specific location for the requested use. (3) Beginning and ending dates of the event. (4) Hours of operation of the event. (5) Name of individual in charge of the event. (6) After hours emergency phone number for person responsible for event. (7) A drawing showing dimensions of the site or an existing site plan for the host site including location and dimensions of all existing driveways, entrances, exits, and parking spaces. (8) A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary facilities, and concessions for the temporary use. (9) Indicate how parking and traffic flow will be directed on to and within the event site. (10) Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking and traffic impact. (11) If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by patrons and employees of the temporary use event during normal operating hours, calculations shall be submitted demonstrating that the event will not utilize more than 30% of the required parking stalls of the existing host site. If usage does exceed 30% percent, documentation indicating additional parking and/or transportation arrangements must be provided for the total impact of the proposed event. If the event is being held during non-operating hours for the host site, the 30% restriction may be lifted upon demonstration that there will still be sufficient parking available for patrons of the temporary event. (12) [Reserved.]. (13) All applications must be made on the form prescribed by the city and submitted no later than 21 days prior to the scheduled event. Fees for temporary uses shall be established by Resolution of the City Council. Applicants may include multiple similar events on one application. Applications submitted less than 21 days before the scheduled event will be assessed a fee as established in the Resolution to be used for expedited processing. Fees may not be waived for any application, except by the city manager upon a finding of good cause. (b) A copy of the application and all supporting documents will be forwarded to the police chief and the building official for review and comments. All comments and recommendations will then be attached to the application and forwarded to the city manager or his designee for approval or denial. (c) The application, with all the supporting documents, will be reviewed by the city manager, or his designee. If approved by the city manager, the applicant shall post the $200.00 cash bond, if required, prior to the issuance of the temporary use permit. If denied, applicant will be notified, along with the reasons for denial. The police department and the fire department will be notified on all approved requests for temporary use permits. (d) Any decision of the city manager, or the city manager's designee, may be appealed to the City Council. Any appeal shall be fled within five days of the decision, and shall be presented to the City Council at its next available meeting. Sec. 54-2-3.5. - Signs. (a) All signs being utilized on site must conform to the city sign regulations as outlined in the land development code and must be removed upon expiration of the temporary use permit or upon vacation of the site. (b) Signs used in conjunction with approved activities or special events for which a temporary use permit has been obtained shall not be calculated against the three banner signs permitted per site per year. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. Coy The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember Adams and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice -Mayor Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill Councilmember Bob McPar lan aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this I I 1 day of March, 2015. AT Sally A. io, MMC City Clerk CITY OF SEBASTIAN, FLORIDA ,• Mayor Richard Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney