HomeMy WebLinkAboutO-95-21ORDINANCE 0-95-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AMENDING THE
LAND DEVELOPHENT CODE TO PROVIDE FOR
TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRITERIA FOR
ISSUANCE OF TEMPORARY USE PERMITS;
ESTABLISHING APPLICATION PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has received various
requests for temporary use permits; and
WHEREAS, the City of Sebastian has adopted Resolution
R-95-36 establishing a temporary use permit policy which will
expire September 19, 1995 and which has been extended 30 days
by Resolution R-95-54; and
WHEREAS, the City Council deems it to be in the best
interests of the health, safety, and general welfare of the
community to regulate these types of uses by establishing a
policy in the City of Sebastian Land Development Code for
issuance of temporary use permits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
SECTION 1. DEFINITIONS. The following words and
phrases, when used in this article, shall have the meanings
respectively ascribed in them in this section:
Host Site: The parcel of land upon which the temporary use
or special event is conducted.
Temporary Use: A use established for a fixed period of time
with the intent to discontinue such use upon expiration of
the time period.
Transient Merchant: Any person or business entity that
engages in the temporary sale of any merchandise not within
an enclosed structure. The following will not be considered
to be transient merchants:
Any merchants within enclosed structures who
temporarily display their merchandise outside
of the structure on their premises provided
the display does not delete any required parking.
Any merchants who have received site plan
approval from the Planning and Zoning
Commission who make no use of the site other than
that approved by the Commission.
Special Events: The temporary use of facilities, parking
areas, and other open space for a special event by owner,
non-owner, religious organizations, recreational/
entertainment or local civic organizations. Special events
may include circuses, carnivals, festivals, fairs, special
exhibitions, concerts, church revivals and other similar
activities.
SEC?ION 2. CRiTERiA. A temporary use shall be allowed
for transient merchants and special events 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 Temporary Use Permit will be issued if the following
requirements and standards are met:
1, The activity must be a permitted or conditional use
within the zoning district.
Only temporary pavilions may be erected and
utilized for the operation. Ail facilities used
shall be self-contained and mobile or portable. No
mobile homes or trailers that exceed 200 sq. feet in
area may be utilized. Ail temporary facilities
designed to be occupied by the public must be
inspected by the Fire Department after installation,
and prior to occupancy.
No utility connection shall be permitted except for
temporary electrical power which must be approved by
the Building Department.
Prior to the issuance of any permit, a cash bond in
the amount of $200 shall be submitted to the City.
Within seven (7) days after a temporary use permit
expiration, all items related to the operation or
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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 (7) days after permit expiration. Upon
vacating and cleaning up a site, an applicant may
request, in writing, to the Community Development
Department for return of the submitted funds.
Permit applicants will be refunded the submitted
cash bond amount if:
1) the City has not used the funds under the
conditions described above; and
2) 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.
In cases where the City has used the $200 cash bond
for site cleanup, no subsequent temporary use
permits shall be issued to the same applicant
whose vacated operation caused cash bond default
and resultant clean-up by the City.
Holders of temporary use permits for an activity
shall not be required to obtain an occupational
license for that activity.
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.
Unimproved lots within industrial or commercial
districts may be utilized if, in the opinion of the
City Manager and his support staff, the temporary
use will not be detrimental to the health, safety
and general welfare of the public.
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.
Food concessions may be permitted as accessory to
the temporary use. The applicant must obtain a
temporary license from the Department of Business
Regulations for the proposed concession facilities.
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10.
11.
12.
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.
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.
Prior to City Manager review, approval must be
obtained from the Police Chief and the Director of
Community Development. 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·
SECTION 3. TIME LIMITS. Transient merchants of any
seasonal sales merchandise such as Christmas tree and
firework sales or other similar uses shall be in operation
not more than forty-five (45) consecutive days per sale/event
on any given site·
Transient merchants of any non-seasonal sales merchandise
shall be in operation not more than ten (10) consecutive days
per sale/event on any given site.
Special events and special vehicle and boat sale events shall
be in operation not more than seven (7) consecutive days per
sale/event on any given site.
SECTION 4. APPLICATION. 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:
Application to be made by the owner or lessee of the
host site.
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.
10.
11.
12.
13.
After hours emergency phone number for person
responsible for event.
A drawing showing dimensions or existing site plan
for the host site including location and dimensions
of all existing driveways, entrances, exits, and
parking spaces.
A drawing depicting location and dimensions of all
temporary pavilions, displays areas, sanitary
facilities~ and concessions for the temporary use.
Indicate how parking and traffic flow will be
directed on to and within the event site.
Estimation of maximum peak hour attendance of the
event to determine sanitary needs, parking and
traffic impact.
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,
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%~ documentation indicating
additional parking and/or transportation
arrangements must be provided for the total impact
of the proposed event.
Location and dimensions of all signs to be used.
Ail applications must be made on the form prescribed
by the City Manager and submitted no later than 30
days prior to the scheduled event. The application
fee shall be $25.00 and the permit fee shall be
$100.00.
A copy of the application and all supporting documents will
be forwarded to the Police Chief by the Director of Community
Development 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.
The application, with all the supporting documents, will be
reviewed by the City Manager, or his designee. Pursuant to
Section 2, Item 4, if approved by the City Manager, applicant
will post the $200 cash bond 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 of all approved requests
for temporary use permits.
SECTION 5. SIGNS. Ail 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.
Activities or special events for which a Temporary Use Permit
has been obtained shall not be counted toward the three
events maximum per year as provided in Section 20A-15.5(F)l.
SECTION 6. CONFLiCTS. All other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 7. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Florida, that the
provisions of this Ordinance shall become and be made a part
of the Land Development Code of the City of Sebastian,
Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phase
in order to accomplish such intention.
SECTION 8. SEVE~%BILITY. If any clause, section, or
other part or application of this Ordinance shall be held by
any Court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application
shall be considered as eliminated, in no way affecting the
validity of the remaining portions or applications, which
shall remain in full force and effect.
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SECTION 9. EFFECTIVE DATE. This Ordinance shall become
effective immediately.
PASSED BY THE CITY COUNCIL ,OF THE CITYO~ SE)__O SEBAS.TJ~A.N, FLORI~DA,
ON FIRST READING, THIS ~--~ DaY OF %~J~,u~ , 199
PAss~.D ~ ~o~ ~ ~.~ c~ cou~c~ o~.is c~ o~
SEBASTIAN, FLORI,Dh, ON SECOND AND FINAL READING, THIS //~'
~ o~ 0c%~ , ~s.
The foregoing Ordinance was moved for adoption by
Councilmember ~~7~i'~P- The motion was
seconded by Councilmember ~ and, upon
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed
and adopted this //~- day of ~~U~ , 1995.
ATTEST:
(Seal)
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firtion, Mayor
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney