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HomeMy WebLinkAboutCC Legislation (Version 2)3r cjr City of Miami City Hall 3500 Pan American Drive *MCN3 6exl Yw/` 1588 Legislation Miami, FL 33133 www.miamigov.com 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 OF MAY 20, 2010. 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 Chapter 62 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; SPECIAL PERMIT REQUIRED DIVISION 1. TEMPORARY EVENT PERMITS City of Mianu Page I of 16 File Id: 09-013424 (Version: 2) Printed On: 3115/2010 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. Permit Process administered by City Manager or Designee. 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 City Manager or 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 City Manager or 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 City Manager or 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 and the application still fails to comply with all applicable criteria. Sec. 62-523. Conditions and safeguards. The City Manager or 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 City of Miami Page 2 of 16 File Id: 09-01342zi (Verslo 2) Printed On: 311512010 File Number. 09-01342zt 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 with said certified receipt(s). In the case of adjacent condominiums, only one (1) notice to the condominium association will be sent. 2. 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 with 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 following conditions enumerated in this subsection and in Sec. 62-525.1 below, 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 City of Miami Page 3 of 16 File Id. 09-01342zt (Version: 2) Printed On: 311512010 File Number: 09-01342zt 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. 62-525.1 TEMPORARY EVENTS ZONING FIRE POLICE NET OTHER 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 Fireworksj 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 City Manager or Designee and 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 City Manager or 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-agencv 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: (a) 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 Citi 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 City of Miami Page 4 of 16 File Id. 09-01342zt (Version: 2) Printed On: 311512010 File Number: 09-01342zt the Marlin's Stadium. Temporary events, not including mechanical rides, are permissible on any day of the week. (c) No more than two (2) temporary events shall be permitted, per site, each for a maximum of two (2) weeks, on private property per year. 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. 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. Adjacent property owners and residents shall be notified of the temporary event by the applicant, and the applicant shall submit to the City Manager or Designee an affidavit signed by the residents certifying such notice before the Permit is approved. (e) Temporary Events proposed on public property must be approved by other city departments, prior to the issuance of a Temporary Event Permit. required procedures and to attar sential for the health and general we 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, relating to their fields of specialization. Within five (5) calendar days of receipt of applications for Temporary Event Permits by the City Manager or 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 City Manager or 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, analysis, and/or technical findings requested by such referrals shall be returned to the City Manager or Designee within ten (10) calendar days of the referral unless the applicant and the City Manager or 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 16 File Id: 09-01342zt (Version: 2) Printed On: 311512010 File Number. 09-01342zt 2. Effect of required reports on issuance or denial of Temporary Event Permits; attachment of conditions and safeguards. Where a report based on required review, analysis, and/or technical determination indicates that granting 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 City Manager or 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 City Manager or 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 City Manager or 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 City Manager or 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 City Manager or 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 City Manager or 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 City Manager or 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. City Manager or Designee to arrange conference conference to be convened effect of failure to appear. Upon request for such a conference, the City Manager or 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 anV of the designated representatives fail to appear, the City Manager or Designee shall City of Mianu Page 6 of 16 File Id. 09-01342zt (Version: 2) Printed On: 3/1512010 File Number: 09-01342zt enter such fact in the record on the case and proceed, with any other designated representatives present, to hear the applicant, unless the applicant requests a postponement. If the applicant fails to appear, the City Manager or Designee shall enter such fact in the record on the case, and may either arrange another conference if the City Manager or Designee finds adequate cause for the absence or proceed to make his decision as though the conference had been held. 4. Decision of City Manager or Designee; 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 City Manager or Designee, the City Manager or 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. 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, jointly or severally, aggrieved by the decision of the City Manager or Designee in granting, granting with conditions or safeguards, or denying a Temporary Event Permit, or any officer, department, or bureau of the City, maV 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. In the event the Manager and not a Designee made the initial decision to grant, grant with conditions or deny the permit, it can be appealed to the City Commission. 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 permits. Sec. 62-532. Mandatory Deferrals administered by City Manager or Designee. 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 Citv Manaqer or Designee, and may involve matters such as desian for traffic. oarkina al determinatio City of Miami Page 7 of 16 File Id. 09-01342zt (Version: 2) Printed On: 3/15/2010 File Number.' 09-01342zt The administration and processing of applications for Temporary Permits, and for determination shall be the responsibility of the City Manager or Designee for certain uses or occupancies that occur on public properties or combinations of public and private properties, and for uses occurring on private property. Decisions of the City Manager or Designee regarding Temporary Permits shall be affected and limited bV reports received on referrals as provided below. Sec. 62-533. Procedures and regulations. A. Applications for Temporary Permits shall be submitted on application forms as provided bV the CitV and shall be accompanied by such plans, reports, or other information, exhibits, or documents as maV 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. Sec. 62-534. Conditions and safeguards. The City Manager or 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 bV 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 TemporarV 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 Permit procedures; however, the following is required: 1. Notice required by applicant to adiacent 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 adiacent condominiums, only one (1) notice to the condominium association will be sent. City of Miami Page 8 of 16 File Id: 09-01342zt (Version: 2) Printed On: 3/1512010 File Number.' 09-01342zt 2. 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 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. 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 and in , Sec. 62-536.1, in addition to any other specific considerations) set forth in any other applicable regulation(s), shall apply: Referrals: The City Manager or 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 USE OR OCCUPANCY IS SUBJECT TO PERMISSIBILITY AS SPECIFIED WITHIN DISTRICT REGULATIONS IN MIAMI 21 ZONING FIRE POLICE NET OTHER SPECIFIC TEMPORARY USES PURSUANT TO FLORIDA BUILDING CODE OR OTHER TECHNICAL CODE X_ X X X X_ TRAILERSX X X_ X_ X_ FENCING X X_ X_ X X_ SIGNAGE/BANNERS X_ X X X X_ OTHER X X X X X City of Miami Page 9 of 16 File Id. 09-01342zt (version: 2) Printed On: 311512010 File Number.' 09-01342zt Sec. 62-537. Criteria. Approvals of Temporary Permits for temporary uses and occupancies by the City Manager or 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 City Manager or 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 agency which enumerates 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: 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 subject to the applicable criteria. In addition, the following conditions, criteria and limitations apply: (a) Temporary uses or occupancies are subject 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. (c) Adjacent property owners and residents shall be notified of the temporary uses or occupancies Temporary uses or occupancies proposed on public property must be approved by other city departments, prior to the issuance of a Temporary Permit. (e) 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 City Manager orDesignee'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, analysis, and/or technical findings requested by such referrals shall be returned to City of Miami Page 10 of 16 File Id: 09-01342zt (Version: 2) Printed On: 311512010 File Number: 09-01342zt the City Manager or Designee within ten (10) calendar days of the reference, unless the applicant and the City Manager or 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; attachment of conditions and safeguards. Where a report based on required review, analysis, and/or technical determination indicates that granting 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 City Manager or 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 City Manager or Designee may grant the Temporary 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 Permit, if the City Manager or Designee determines that there remains lust and adeauate 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. Where referrals are made and a recommendation of denial is returned, the City Manager or Desiqnee 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 City Manager or 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, encies, or departments, have been receivE 2. Request by applicant for conference; time limitation; applicant to have access to record. Within five (5) calendar dans of receipt of such notification the applicant may request a !nce between the applicant and/or the applicant's agent and the Citv Manaaer or Desianee 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. City Manager or Designee to arrange conference; conference to be convened- effect of failure to appear. Upon request for such a conference, the City Manager or Designee shall be responsible for informing representatives of those referenced officers, agencies, or departments indicated by the applicant, and for settina a mutually agreeable time for such conference. City of Miami Page 11 of 16 File Id: 09-01342zt (Version: 2) Printed On: 3115/2010 File Number; 09-01342zt If any of the designated representatives fail to appear, the City Manager or Designee shall enter such fact in the record on the case and proceed, with any other designated representatives present, to hear the applicant, unless the applicant requests a postponement. If the applicant fails to appear, the City Manager or Designee shall enter such fact in the record on the case, and may either arrange another conference if the City Manager or Designee finds adequate cause for the absence or proceed to make his decision as though the conference had been held, 4. Decision of City Manager or Designee; 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 City Manager or Designee, the City Manager or Designee shall reach a final decision and shall notify the applicant of such decision, with reasons. 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 City Manager or Desiqnee 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. In the event the Manager and not a Designee made the initial decision to grant, grant with conditions or deny the permit, it can be appealed to the City Commission. 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 parking 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 on a temporary basis. There shall be four (4) tvpes of interim parkina as follows: City of Miami Page 12 of 16 File Id: 09-01342zt (Version: 2) Printed On: 3/15/2010 File Number: 09-01342zt Temporary special event parking Short-term event parking Interim special use parking, and (d) Interim temporary parking pilot program 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 parking, 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 subiect 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 year-round use. However no such short term event parking shall be located adiacent to, abutting or across the street from single family zoned property. Renewals may only be granted by the City Manager or Designee 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 a maior 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 maior public facility, unless parking spaces are either owned, controlled, or under agreement for use by the maior 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. However no such interim special use parking shall be located adjacent to, abutting or across the street from single family zoned property. 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 annual 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 parking for any such special use thev serve, unless such parkina facility is in full code compliance. 62-543. 4 Interim temporary parking pilot program. Interim temporary parking pilot program is a City of Miami Page 13 of 16 File Id: 09-01342zt (Version: 2) Printed On: 311512010 File Number.' 09-01342zt five-year temporary parking program that encourages the use of properties on a temporary basis to support parking needs of specific areas within the City. The interim temporary parking pilot program permits parking as a conditional use on non -residentially zoned lots that are a minimum of 10,000 sauare feet in size. within a one thousand (1.0001 foot radius of the uses thev are intended to serve. pursuant to Temporary Permit subject to the applicable criteria in Division 2 above and only conjunction with uses such as medium-sized institutional uses, medium-sized business uses that serve as critical economic hubs, and medium-sized business or institution that employs 100 or more individuals or serves over 100 people per day. However no such interim temporary parking pilot Program may be applied to property adjacent to, abutting or across the street from single-family zoned Property. Renewal of the parking approved in the interim temporarV parking pilot program may be issued for one additional five-year period at the expiration of the initial five-year approval period by the City Manager. Said approval shall be based on findings and recommendations by the Director of the Department• of Planning that such renewal is in the best interest of the City for reasons related to insufficient parking in conjunction with uses such as medium-sized institutional uses, medium-sized business uses that serve as critical economic hubs within one thousand (1,000) feet of the property. Renewals may include conditions to mitigate safety concerns that arise as reported bV the NET Administrator, Code Enforcement or the Miami Police Department that pertain to the particular parking facility in question. Parking spaces provided under this interim temporarV parking pilot program shall not be counted toward meeting required parking for anV such special use they serve, unless such parking facility is in common ownership with the property it is intended to serve or united with the property it is intended to serve by a covenant in lieu of unity of title. All parking approved through this interim temporary parking pilot program as required parking shall be provided free to the public. Sec. 62-544. Considerations and standards. In order to mitigate any potentially adverse effects that unimproved interim parking lots may have on adiacent 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 approved stabilized, below grade, pervious system or anV 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 bV the city of a sufficient alternate drainage system. This requirement may also be met through the installation of porous asphalt, porous concrete, a plastic grid system or block pavers, only as approved by the Zoning Administrator and Building Director. Except for temporarV 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 maior public facility subiect to all applicable regulations and permits listed above. City of Miami Page 14 of 16 File Id: 09-01342zi (version: 2) Printed On: 311512010 File Number: 09-01342zt All interim parking and staging activities permissible under this section shall be limited in duration to a time specified in the permit obtained. The duration shall run concurrently with the 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 areas generally bounded in the formerly known SD -5, SD -6, SD -7, SD -20 areas or designated CRA areas of Southeast Overtown/Park West or Omni, will be required to comply with the conditions and criteria set forth in Division 2 above as applicable as conditions to the 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 lot is located (i.e. uniform signage, fencing and attendant kiosk standards). DIVISION 4 MURALS *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 May 20, 2010. {2) APPROVED AS TO FORM AND CORRECTNESS: JULIE O, BRU CITY ATTORNEY Footnotes: City of Miami Page 15 of 16 File Id: 09-01342zt (Version: 2) Printed On: 3115/2010 File Number: 09-01342zt Footnotes: {1) Words and/or figures stricken through shallbe 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, City of Mianu Page 16 of 16 File Id. 09-01342zt (Version: 2) Printed On: 3/15/2010