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HomeMy WebLinkAboutR-95-36RESOLUTION NO. R-95-36 A RESOLUTION OF THE CITY OF SEBASTIAN, 1NDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE PERMIT (TUP) POLICY; ESTABLISHING CRITERIA FOR ISSUANCE OF TEMPORARY USE PERMITS; PROVIDING FOR AN APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, the City of Sebastian has received various requests for temporary use permits; and WHEREAS, the City of Sebastian does not have an established policy for issuance of temporary use permits; and WHEREAS, the City Council deems it to be in the best interest of the City to regulate these types of uses by establishing a policy for issuance of temporary use permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. TEMPORARY USE PERMITS. The temporary use of facilities, parking areas, and other open space by non-owner, transient merchants, religious organizations, recreational or local civic organizations is authorized only after obtaining a Temporary Use Permit (TUP) from the City Manager or his designee, and subject to the following restrictions. (1) Application for a TUP shall be made by the owner or lessee of the host site. (2) The application shall include the following: (a) Location of the site and the specific location for the requested use. (b) Type of activity. (c) Beginning and ending dates, hours of operation and name of individual in charge. (d) Number of food or beverage concession stands and copies of permits from Indian River County and the State of Florida, if required. (e) All temporary signs must conform to the City of Sebastian sign regulations. (f) No activities or operations are to be conducted on or within public street or drainage right-of-way. (g) A maximum of 20% of the required parking stalls of the host site may be utilized for the activity or event. (h) No permanent structures may be utilized. Only temporary pavilions, mobile or portable facilities may be utilized. Any mobile homes or trailers may not exceed 200 square feet in area. (i) No utility connection shall be permitted except for temporary electrical power approved by the Building Department. (j) All events shall have a duration of fourteen (14) or fewer consecutive days. (k) Within seven (7) days of temporary use permit expiration, all items related to transient merchant operation shall be removed from the site. All applications must be made on the form prescribed by the City Manager and submitted ten (10) days prior to the scheduled event. The application fee shall be $25.00 and the permit fee shall be $100. A copy of the approved request shall be provided to the Police Department and Fire Department by the City Manager. 2 SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Policy Resolution shall take effect immediately upon its adoption and will be effective for a period not to exceed ninety days from the date of adoption. The foregoing Resolution was moved for adoption by Councilmember ~~)_SLd,_ . The motion was seconded by Councilmember / ~~/xT~ and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this / day of ~x,J~ ,1995.. CITY OF SEBASTIAN /g~thur L. Firtion, Mayor ATTEST: Kathryn 1~. O'I-ialloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. M¢Clelland, Jr., City Attorney 4