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Legislation
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Ordinance
File Number: 09-01342zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED
"ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2, AND 3 IN
ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS FOR
TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED" AND
RENAMING SAID SECTION TO "APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED"; TO ALLOW THE CITY MANAGER TO
CREATE A TEMPORARY EVENT PERMIT PROCESS, A TEMPORARY PERMIT
PROCESS, AND AN INTERIM PARKING PROGRAM TO AUTHORIZE CERTAIN
TEMPORARY USES, INTERIM PARKING USES AND EVENTS, AND SET FORTH
PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami has adopted a new Zoning Ordinance: Miami 21; and
WHEREAS, it has been determined that certain provisions related to events, uses and parking
contained in the Zoning Ordinance should be removed from the Zoning Ordinance and incorporated as
part of the Code of the City of Miami, Florida, as amended ("City Code");
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code, is amended in the following particulars: {1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
C,PECIAL PERMIT REQUIRED
DIVISION 1. TEMPORARY EVENT PERMITS
City of Miami Page I of 14 Printed On: 1217/2009
File Number: 09-01342zt
Sec. 62-520. Intent,
A Temporary Event Permit System is hereby established to assure special examination
review, and findings by appropriate agents, agencies, or bodies of the City related to proposed
temporary events.
Sec. 62-521. Administered by City Manager's Desiqnee (hereinafter referred to as "Designee")
mandatory referrals.
Temporary Event Permits shall be required where events of a temporary nature require
mandatory technical determinations or reviews to establish special conditions and safeguards In
general, such determinations and reviews will normally be by agencies or officers other than the
Designee, and may involve matters such as design for traffic parking and loading facilities health
and environmental considerations, and legal determinations.
The administration and processing of applications for Temporary Event Permits and for
determination shall be the responsibility of the Designee for events that occur on public properties or
combinations of public and private properties and for events occurring on private property.
Decisions of the Designee regarding Temporary Event Permits shall be affected and limited
by reports received on referrals as provided below.
Sec. 62-522. Procedures and regulations.
A. Applications for Temporary Event Permits shall be submitted on application forms as provided by
the City and shall be accompanied by such plans reports or other information exhibits or
documents as may be reasonably required to make the necessary findings in the case
B. Approvals shall be issued when such application complies with all applicable criteria
C. Conditional approvals shall be issued when such applications require conditions to be satisfied in
order to be found in compliance with applicable criteria.
D. Denials of applications shall be issued if after conditions and safeguards have been considered
the application still fails to comply with all applicable criteria. s
Sec. 62-523. Conditions and safeguards.
The Designee shall have authority to attach to the grant of a Temporary Event Permit such
conditions and safeguards as may be necessary.
Such conditions and safeguards if attached to grant of a Temporary Event Permit shall be
based upon, and consistent with, considerations and standards applicable to the Temporary Event
Permit as set out in this Code. The requirement for any such conditions or safeguards shall be
supported by stated reasons, based upon such considerations and standards and no such condition
or safeguard shall establish special limitations and/or requirements beyond those reasonably
necessary for the accomplishment of the purpose for which the condition or safeguard is attached
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Failure to comply with conditions and safeguards when attached to the grant of a Temporary
Event Permit, shall be deemed a violation of this Code.
Sec. 62-524. Informal notice and hearing.
No formal public notice and hearing are required in connection with Temporary Event Permit
procedures; however, the following is required:
1. Notice required by applicant to adjacent property owners At the time of initial application the
applicant shall notify all abutting property owners including those across a street or alley in approved
City form, by certified mail, and shall submit with the application said certified receipt(s)
In the case of adjacent condominiums, only one (1) notice to the condominium association will
be sent.
2. Required courtesy notice to registered neighborhood and/or homeowner associations All
neighborhood and/or homeowner associations that wish to receive a courtesy notice of Temporary
Event Permit applications in their areas shall register with their Neighborhood Enhancement Team
(NET) Office on a yearly basis. Such registration shall consist of a letter to the applicable NET office
in which the association shall request such notification and shall specify the name address
telephone number and electronic mail (e-mail) address of the official representative of the association
designated to receive said notice and a list of all the officers of said association
At the time of initial application, the applicant shall obtain the list of all registered neighborhood
and/or homeowner associations pertaining to the applications in question from the applicable NET
Office and shall notify the official representatives of all such registered associations in writing by
certified mail, of the application; the applicant shall submit with the application said certified receipts
At the City Manager's discretion, an alternate method of notice shall be permissible based on
the size and nature of the Temporary Event in question if the Temporary event does not impact the
surrounding area at all.
Sec. 62-525, Temporary Event; criteria and mandatory referrals.
As appropriate to the nature of the Temporary Event and particular circumstances of the case
the followinq conditions enumerated in this subsection in addition to any other specific
consideration(s) set forth in any other applicable regulations) shall apply:
Referrals: The Designee shall make referrals as specified herein based on the nature of the
application.
Zoning: Referrals to the Office of Zoning for compliance with applicable zoning regulations
Fire: Referrals to the Fire Rescue Department for review of fire safety controls as determined
by the department.
Police: Referral to the Police Department for review of traffic safety, including provisions of
traffic monitors; crowd control measures; and any other life/safety issues as determined by the
department.
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NET., Referral to the appropriate NET Service Center Office for review and approval of
operational plan, which shall include number of trash receptacles and locations; frequency of trash
pick-up, name and 24 hour telephone number of contact person responsible for handling
maintenance and/or emergency issues, noise control measures and anv other specific considerations
that the NET Administrator deems necessary in order to make an informed recommendation based
on the nature of the application.
Other. Referral to other governmental agencies with the necessary expertise which the
Director of Parks and Recreation or NET requires based on the nature of the application in order to
make an informed decision.
Sec. 62-525.1
TEMPORARY EVENTS X X_ X_ X X
Carnivals X X_ X X_ X
Fairs X X_ X X X
Festivals X_ X X X X_
Fireworks/pyrotechnics sales and displays X X X X X_
Grand Openings X_ X X_ X_ X
Holiday Sales (including but not limited to sales of Christmas Trees Pumpkins 4th of July
Fireworks) X X_ X X X
Outdoor Sales & Farmers' Markets X_ X X_ X X_
Other X X X X X
Sec. 62-526. Criteria.
Approvals of Temporary Event Permits for temporary events by the Designee shall be based
on the criteria utilized by the different agencies upon which referrals were made Such criteria shall
be as determined by each of the technical agencies and as regulated by other applicable laws The
Designee shall review comments as provided by each agency to determine whether the proposed
event complies with all of the individual criteria. A recommendation of denial by any particular agency
shall be accompanied by specific findings from such agency which enumerates how the request does
not comply with their individual criteria. The duration of each Temporary Event shall be clearly stated
within the approved Permit.
1. Temporary Events:
Where a temporary carnival, festival fair market or similar type event is permissible on
privately owned or City -owned land by a Temporary Event Permit the event shall be subject to the
applicable criteria. In addition, the following conditions criteria and limitations apply:
Temporary events which include mechanical rides are permissible only on Thursdays Fridays
Saturdays, and Sundays and/or legal holidays unless other days are approved by the City
Commission. Otherwise, on all other days these events shall be permitted only at Watson Island
Virginia Key and Bicentennial Park and the facilities and parking lots of Miami Marine Stadium and
the Marlin's Stadium,
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File Number: 09-01342zt
Temporary events, not including mechanical rides are permissible on any day of the week
No more than two (2) temporary events shall be permitted per site each for a maximum of two
(2) weeks, on private property peryear: no more than ten (10) temporary events shall be permitted
per site, each for a maximum of two (2) weeks, on public property per year, unless approved by the
city commission.
The limitation of two (2) temporary events per site on private property per year may be waived by a
four-fifths (4/5) affirmative vote of the city commission to peFrnit ^et mere than tet
al t„tai of f,,,r
u
fonts per sato en private nrnnorty per year.
The limitation of two (2) weeks per temporary events may be waived by a four-fifths (4/5) affirmative
vote of the city commission, to permit more time for an individual event.
Adiacent property owners and residents shall be notified of the temporary event by the applicant
and the applicant shall submit to the Designee an affidavit signed by the residents certifying such
notice before the Permit is approved.
Temporary Events proposed on public property must be approved by other city departments prior
to the issuance of a Temporary Event Permit.
The city manager is authorized to establish required procedures and to attach any further limitations or
conditions deemed essential for the health and general welfare of the public
Sec. 62-527. Referrals; time limitations; effect.
1. Reports required from other officials or departments time limitations
Regulations set out in this section or administratively adopted pursuant to it and in
accordance with its terms and purposes require referral of the application for a Temporary Event
Permit and related materials or appropriate parts to other officials or departments for review,
analysis, and/or technical findings and determinations and reports, relatina to their fields of
specialization.
Within five (5) calendar days of receipt of applications for Temporary Event Permits by the
Designee, he/she shall make such referrals to such other officers agencies or departments as are
required in the case by this code or which are in the Designee's judgment necessary to proper
disposition of the application. No Temporary Event Permit shall be granted without all reports or
recommendations required in the particular case. The applicant shall be notified in writing of such
referrals, and the same shall be a part of the permanent record in the case
Reviews, analyses and/or technical findings requested by such referrals shall be returned to
the Designee within ten (10) calendar days of the reference unless the applicant and the Designee
shall mutually agree to a time extension in writing and for good cause shown; in which case the
extension, and its length shall be noted on the referral.
City of Miami Page 5 of 14 Printed On: 1217/2009
File Number: 09-01342zt
2. Effect of required renorts on issuance or denial of Temporary Event Permits on attachment of
conditions and safeguards.
Where a report based on required review, analysis and/or technical determination indicates
that grantinq the Temporary Event Permit in accord with'the application, with or without conditions
and safeguards, would be contrary to the terms requirements, or purposes of this code. the
Designee shall deny the application. Any application which does not comply with all of the
requirements or criteria specified herein shall be denied.
Where such report indicates that the application is in conformity with the terms requirements
and purposes of this Code, or that specified conditions and safeguards if attached would result in
such conformity the Designee may grant the Temporary Event Permit but shall include any
conditions and safeguards specified. It is expressly provided however, that favorable reports from
any or all of the officials or departments to which mandatory referrals are made shall not require
issuance of a Temporary Event Permit if the Designee determines that there remains iust and
adequate cause for denial based on the failure to meet the required standards
Sec. 62-528. Time limitations; conferences; notification of decision.
1. Notifications concerninq intended decisions.
Where referrals are made and a recommendation of denial is returned the Designee shall
notify the applicant in writing of the intended decision to deny and the reasons for the denial within
fifteen (15) calendar days of the receipt of the application for Temporary Event Permit unless a
longer period is specified by mutual consent in writing and for good cause shown by the applicant and
the Designee. In no event shall such notification of intended decision be made before the reports
analysis, and/or technical findings required by this Code of the referenced officers agencies or
departments have been received by the Designee.
2. Request by applicant for conference; time limitation applicant to have access to record
Within five (5) calendar days of receipt of such notification the applicant may request a
conference between the applicant and/or the applicant's agent and the Designee and such
representatives of the referenced officers agencies or departments as the applicant desires for the
purpose of presenting additional facts argument information or data in support of the applicant's
position.
Prior to such conference the applicant shall be given full opportunity to examine all reports
submitted on referrals, in the case, as provided herein. Information on which decision is based shall
be public and available to applicant.
3. Designee to arrange conference; conference to be convened; effect of failure to appear.
Upon request for such a conference the Designee shall be responsible for informing
representatives of those referenced officers agencies or departments indicated by the applicant and
for setting a mutually agreeable time for such conference.
If any of the designated representatives fail to appear, the Designee shall enter such fact in
the record on the case and proceed with any other designated representatives present to hear the
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File Number.' 09-01342zt
applicant, unless the applicant requests a postponement.
If the applicant fails to appear, the Designee shall enter such fact in the record on the case
and may either arrange another conference if the Designee finds adequate cause for the absence or
proceed to make his decision as though the conference had been held
4. Decision of Desiqnee; time limitations; further action on permits.
Within five (5) calendar days after such conference or, if no conference is requested within
ten (10) calendar days after notification of intended decision unless a longer period is specified by
mutual consent in writing and for good cause shown between the applicant and the Designee the
Designee shall reach a final decision and shall notify the applicant of such decision with reasons
Sec. 62-529. Withdrawal of application; effect of withdrawal.
An application for a Temporary Event Permit may be withdrawn by the applicant at any time prior
to decision without limitation on resubmittal, but if withdrawn after the final decision has been issued
substantially the same application shall not be considered within twelve (12) months of the date of
withdrawal.
Sec. 62-530. Appeals.
Any person or persons, 8ointly or severally, aggrieved by the decision of the Designee in
granting granting with conditions or safeguards or denying a Temporary Event Permit or any officer,
department, or bureau of the City, may seek review of decisions made by appeal to the City Manager
by filing such request with the City Manager's office within 15 calendar days of the decision
DIVISION 2. TEMPORARY PERMITS
Sec. 62-531. Intent.
A Temporary Permit System is hereby established to assure special examination review, and
findings by appropriate agents, agencies or bodies of the City related to proposed temporary events
Sec. 62-532. Administered by City Manager's Designee (hereinafter referred to as "Designee")
mandatory referrals.
Temporary Permits shall be required where permits for uses and occupancies of a temporary
nature require mandatory technical determinations or reviews to establish special conditions and
safeguards. In general, such determinations and reviews will normally be by agencies or officers
other than the Designee, and may involve matters such as design for traffic parking and loading
facilities, health and environmental considerations and legal determinations
The administration and processing of applications for Temporary Permits and for
determination shall be the responsibility of the Designee for certain uses or occupancies that occur on
public properties or combinations of public and private properties and for events occurring on private
property.
Decisions of the Designee regarding Temporary Permits shall be affected and limited by
reports received on referrals as provided below.
Cio) of Miami Page 7 of 14 Printed On: 12/7/2009
File Number.' 09-01342zt
Sec. 62-533. Procedures and regulations.
A. Applications for Temporary Permits shall be submitted on application forms as provided by the City
and shall be accompanied by such plans reports or other information exhibits or documents as may
be reasonablv required to make the necessary findings in the case
B. Approvals shall be issued when such application complies with all applicable criteria
C. Conditional approvals shall be issued when such applications require conditions to be satisfied in
order to be found in compliance with applicable criteria
D. Denials of applications shall be issued if after conditions and safeguards have been considered
the application still fails to comply with all applicabe criteria
Sec. 62-534. Conditions and safeguards.
The Designee shall have authority to attach to the grant of a Temporary Permit such
conditions and safeguards as may be necessary.
Such conditions and safeguards, if attached to grant of a Temporary Permit shall be based
upon, and consistent with, considerations and standards applicable to the Temporary Permit as set
out in this Code. The requirement for any such conditions or safeguards shall be supported by stated
reasons, based upon such considerations and standards and no such condition or safeguard shall
establish special limitations and/or requirements beyond those reasonably necessary for the
accomplishment of the purpose for which the condition or safeguard is attached
Failure to comply with conditions and safeguards when attached to the grant of a Temporary
Permit, shall be deemed a violation of this Code.
Sec. 62-535. Informal notice and hearing.
No formal public notice and hearing are required in connection with Temporary Event Permit
procedures; however, the following is required:
1. Notice required by applicant to adjacent property owners At the time of initial application the
applicant shall notify all abutting property owners including those across a street or alley, in approved
City form, by certified mail, and shall submit with the application said certified receipts)
In the case of adjacent condominiums only one (1) notice to the condominium association will
be sent.
2. Required courtesy notice to registered neighborhood and/or homeowner associations All
neighborhood and/or homeowner associations that wish to receive a courtesy notice of Temporary
Permit applications in their areas shall register with their Neighborhood Enhancement Team (NET)
Office on a yearly basis. Such registration shall consist of a letter to the applicable NET office in
which the association shall request such notification and shall specify the name address telephone
number and electronic mail (e-mail) address of the official representative of the association
designated to receive said notice and a list of all the officers of said association
At the time of initial application, the applicant shall obtain the list of all registered neighborhood
and/or homeowner associations pertaininq to the applications in question from the applicable NET
Office and shall notify the official representatives of all such registered associations in writing by
City of Miami Page 8 of 14 Printed On: 12/7/2009
File Number.' 09-01342zt
certified mail, of the application; the applicant shall submit with the application said certified receipts
Sec. 62-536. Temporary Permit criteria and mandatory referrals
As appropriate to the nature of the Temporary Permit and particular circumstances of the
case, the following conditions enumerated in this subsection in addition to any other specific
considerations) set forth in any other applicable regulation(s) shall apply:
Referrals: The Designee shall make referrals as specified herein based on the nature of the
application.
Zoning: Referrals to the Office of Zoning for compliance with applicable zoning regulations
Fire: Referrals to the Fire Rescue Department for review of fire safety controls as determined
by the department.
Police: Referral to the Police Department for review of traffic safety, including provisions of
traffic monitors; crowd control measures: and any other life/safety issues as determined by the
department.
NET., Referral to the appropriate NET Service Center Office for review and approval of
operational plan, which shall include number of trash receptacles and locations• frequency of trash
pick-up, name and 24 hour telephone number of contact person responsible for handling
maintenance and/or emergency issues noise control measures and any other specific considerations
that the NET Administrator deems necessary in order to make an informed recommendation based
on the nature of the application.
Other. Referral to other governmental agencies with the necessary expertise which the
Director of Parks and Recreation or NET requires based on the nature of the application in order to
make an informed decision.
Sec. 62-536.1
TEMPORARY ZONING FIRE POLICE NET OTHER
USE/OCCUPANCY
SUBJECT TO PERMISSIBILITY
AS SPECIFIED WITHIN DISTRICT
REGULATIONS IN MIAMI 21
Sec. 62-537. Criteria.
Approvals of Temporary Permits for temporary uses and occupancies by the Designee shall
be based on the criteria utilized by the different agencies upon which referrals were made Such
criteria shall be as determined by each of the technical agencies and as regulated by other applicable
laws. The Designee shall review comments as provided by each agency to determine whether the
proposed use or occupancy complies with all of the individual criteria A recommendation of denial by
any particular agency shall be accompanied by specific_ findings from such aaencv which enumerate.
how the request does not comply with their individual criteria The duration of each Temporary Permit
shall be clearly stated within the approved Permit
1. Temporary Permits:
City of Miami Page 9 of 14 Printed On: 1217/2009
File Number. 09-01342zt
Where a temporary use or occupancy is permissible on privately owned or City -owned land by
a Temporary Permit, the use or occupancy shall be subiect to the applicable criteria In addition the
following conditions, criteria and limitations apply:
Temporary uses or occupancies are subiect to permissibility as specified within district regulations
in MIAMI 21
The limitation of two (2) temporary uses or occupancies per site on private property per year.
Adiacent property owners and residents shall be notified of the temporary uses or occupancies by the
applicant, and the applicant shall submit to the Designee an affidavit signed by the residents certifying
such notice before the Permit is approved.
Temporary uses or occupancies proposed on public property must be approved by other city
departments, prior to the issuance of a Temporary Permit.
The city manager is authorized to establish required procedures and to attach any further
limitations or conditions deemed essential for the health and general welfare of the public
Sec. 62-538. Referrals; time limitations; effect.
1. Reports required from other officials or departments• time limitations
Regulations set out in this section or administratively adopted pursuant to it and in
accordance with its terms and purposes require referral of the application for a Temporary Permit
and related materials, or appropriate parts to other officials or departments for review, analysis
and/or technical findings and determinations and reports relating to their fields of specialization
Within five (5) calendar days of receipt of applications for Temporary Permits by the
Designee, he/she shall make such referrals to such other officers agencies or departments as are
required in the case by this code or which are in the Desiqnee's judgment necessary to proper
disposition of the application. No Temporary Permit shall be granted without all reports or
recommendations required in the particular case. The applicant shall be notified in writing of such
referrals, and the same shall be a part of the permanent record in the case
Reviews, analyses, and/or technical findings requested by such referrals shall be returned to
the Designee within ten (10) calendar days of the reference unless the applicant and the Designee
shall mutually agree to a time extension in writing and for good cause shown• in which case the
extension, and its length shall be noted on the referral
2. Effect of required reports on issuance or denial of Temporary Permits• on attachment of conditions
and safeguards.
Where a report based on required review, analysis and/or technical determination indicates
that grantinq the Temporary Permit in accord with the application with or without conditions and
safeguards, would be contrary to the terms requirements or purposes of this code the Designee
shall deny the application. Any application which does not comply with all of the requirements or
criteria specified herein shall be denied.
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File Number.' 09-01342zt
Where such report indicates that the application is in conformity with the terms requirements
and purposes of this Code, or that specified conditions and safeguards if attached would result in
such conformity, the Designee may grant the Temporary Permit but shall include anv conditions and
safeguards specified. It is expressly provided however, that favorable reports from any or all of the
officials or departments to which mandatory referrals are made shall not require issuance of a
Temporary Permit if the Designee determines that there remains just and adequate cause for denial
based on the failure to meet the required standards.
Sec. 62-539. Time limitations; conferences; notification of decision
1. Notifications concerning intended decisions.
vvne_r_e reterrals are made and a recommendation of denial is returned the Designee shall
notify the applicant in writing of the intended decision to deny and the reasons for the denial within
fifteen (15) calendar days of the receipt of the application for Temporary Permit unless a longer
period is specified by mutual consent in writing and for good cause shown by the applicant and the
Designee. In no event shall such notification of intended decision be made ' before the reports
analysis, and/or technical findings required by this Code of the referenced officers agencies or
departments have been received by the Desiqnee
2. Request by applicant for conference time limitation applicant to have access to record
Within five (5) calendar days of receipt of such notification the applicant may request a
conference between the applicant and/or the applicant's agent and the Designee and such
representatives of the referenced officers agencies or departments as the applicant desires for the
purpose of presenting additional facts argument information or data in support of the applicant's
position.
Prior to such conference the applicant shall be given full opportunity to examine all reports
submitted on referrals, in the case as provided herein Information on which decision is based shall
be public and available to applicant.
3. Designee to arrange conference conference to be convened effect of failure to appear.
Upon request for such a conference the Designee shall be responsible for informing
resentatives of those referenced officers agencies or departments indicated by the applicant and
settinq a mutuallv aareeable time for such conference
If any of the desiqnated representatives fail to appear, the Designee shall enter such fact in
the record on the case and proceed with anv other designated representatives present to hear the
applicant, unless the applicant requests a postponement
If the applicant fails to appear, the Designee shall enter such fact in the record on the case
and may either arrange another conference if the Designee finds adequate cause for the absence or
proceed to make his decision as though the conference had been held
4. Decision of Designee,- time limitations; further action on permits
Within
) caler
ce or, It no conterence
sion, unless a lonaer b
mutual consent in writing and for good cause shown between the applicant and the Designee, the
Designee shall reach a final decision and shall notify the applicant of such decision with reasons
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File Number. 09-01342zt
Sec. 62-540. Withdrawal of application; effect of withdrawal.
An application for a Temporary Permit may be withdrawn by the applicant at any time prior to
decision without limitation on resubmittal but if withdrawn after the final decision has been issued
substantially the same application shall not be considered within twelve (12) months of the date of
withdrawal.
Sec. 62-541. Appeals.
Any person or persons, jointly or severally, aggrieved by the decision of the Designee in
granting, granting with conditions or safeguards or denying a Temporary Permit or any officer,
department, or bureau of the City may seek review of decisions made by appeal to the City Manager
by filing such request with the City Manager's office within 15 calendar days of the decision
DIVISION 3. INTERIM PARKING
Sec. 62-542. Intent.
It is intended that this section allow for a mechanism which will enable conditionally,
unimproved and partially improved lots in the city to be utilized for accessory parking purposes in a
temporary fashion or as a component of facilities which require parking on an event by event basis
without having to comply with permanent parking requirements on the proposed interim lots to
accomplish this goal. As specified herein proposals subject to this section shall also ensure that
safety measures are implemented which will safeguard users of the subject facilities
Sec. 62-543. Temporary permit required for approval
An interim parkinq facility or interim parking shall be defined as a surface parking lot for which
paving drainage and marking of parking spaces as well as other improvements incidental to
permanent parking lots shall not be required
There shall be three (3) types of interim parking as follows:
(a) Temporary special event parking and
Short-term event parking And
Interim special use parking.
Sec. 62-543.1 Temporary special event parking Temporary special event parking on unimproved
interim parking lots, as defined herein shall mean parking permitted pursuant to Temporary Permit
and only in conjunction with an approved special event that requires the additional parking to be
accommodated on said lot(s).
Sec. 62-543.2 Short-term event oarking Short-term event parking means parking permitted as a
conditional use on non -residentially zoned lots within a one thousand (1000) foot radius of the major
public facility they are intended to serve pursuant to a Temporary Permit subject to the applicable
criteria in Division 2 above, and only in conjunction with major public facilities such as major sports
facilities arenas exhibition centers performing arts centers and any other such major public facility
whose scale and operation warrant the use of interim parking facilities on an event -by -event basis
versus daily near -round use.
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Renewals may only be granted by the City Manager upon findings and recommendations by the
Director of the Department of Planninq that such renewals are in the best interest of the City for
reasons related to insufficient parking within proximity of a major public facility. At such time that
renewals are granted, the City Manager may include conditions to mitigate safety concerns that arise
as reported by the NET Administrator, Code Enforcement or the Miami Police Department that pertain
to the particular parking facility in question Parking spaces provided as interim parking shall not be
counted toward meeting required parking for any such major public facility, unless parking spaces are
either owned, controlled, or under agreement for use by the major public facility it serves
Sec. 62-543.3. Interim special use parking.
Interim special use parking means parking permitted as a conditional use on non -residentially zoned
lots, within a one thousand (1000) foot radius of the special uses they are intended to serve pursuant
to a Temporary Permit subject to the applicable criteria in Division 2 above and only in conjunction
with uses such as special entertainment districts historic districts which consist predominantly of
non -residentially zoned properties, government facilities or institutional uses whose scale and
operation warrant the daily year round use of interim parking facilities rather than temporary special
event uses. Special use areas may also include other public or private attractions and uses that are
over ten (10) acres in size that could benefit from interim parking such as a dog track amusement
park or flea market.
Yearly renewals for short-term event parking and interim special use parking may be issued annually
by the City Manager upon findings and recommendations by the Director of the Department of
Planning that such renewals are in the best interest of the City for reasons related to insufficient
parking within proximity of the special uses. Renewals may include conditions to mitigate safety
concerns that arise as reported by the NET Administrator Code Enforcement or the Miami Police
Department that pertain to the particular parking facility in question Parking spaces provided under
this type of interim parking facility shall not be counted toward meeting required parkinq for any such
special use they serve, unless such parking facility is in full code compliance
Sec, 62-544. Considerations and standards.
In order to mitigate any potentially adverse effects that unimproved interim parking lots may
have on adjacent areas, all such facilities intended to be utilized as described in sections this Division
shall be required to maintain a park -like appearance to consist of fully sodded lots over an ap rp oved
stabilized below grade pervious system or any other type of system which provides a honeycomb
type stabilized base underneath the lot and therefore allows for parking on the sod while not impeding
drainage.
In lieu of providing a park -like appearance as described above a parking facility may be
paved or consist of any combination of paving gravel and grass upon approval by the city of a
sufficient alternate drainage system. Except for temporary special event parking (as defined above)
associated with a Temporary Permit all other interim parking shall comply with applicable ADA
requirements as set forth in the Florida Building Code as amended from time to time
Interim parking may also be used for the temporary staging of miscellaneous equipment
and/or vehicles necessary for any of the functions associated with an approved special event or an
activity taking place in a major public facility subject to all applicable regulations and special permits
listed above.
All interim parking and staging activities permissible under this section shall be limited in
duration to a time specified in the special permit obtained. The duration shall run concurrently with the
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File Number: 09-01342zt
event or activity requiring said parking or staging and may be expanded on a limited basis to allow
for preparation, disassembly and activities related to that specific event or activity
In addition to the considerations and standards listed generally in Division 2 of this ordinance
temporary permits for interim parking facilities shall also consider the following.:
(a) Use of traffic monitors to facilitate vehicular flow into and out of such facilities during maior
events;
(b) Use of specialized lighting features to ensure safety when such facilities are proposed for
evening use; and
(c) Use of perimeter fencing to assist in the control of access points and security of proposed lots
while not in use.
(d) Surface interim parking lots, which are located within the SD -5 SD -6, -SD -7, SD -20 or designated
CRA areas of Southeast Overtown/Park West or Omni may also be required to comply with the
conditions and criteria set forth in Division 2 above as conditions to the special permits required
herein or as conditions of time extensions granted by the City Manager.
(e) All such interim parking lots may also be required to comply with any design standards and
guidelines that may be in place for the specified area in which the parking tot is located (i.e. uniform
signage, fencing and attendant kiosk standards)
*11
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1) Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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