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HomeMy WebLinkAboutCC Legislation (Version 3)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, 3, 4, AND 5 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, A TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES PROGRAM,AND AN INTERIM PARKING PROGRAM, TO AUTHORIZE CERTAIN TEMPORARY EVENTS, USES, AND INTERIM PARKING USES, 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 11000 should be moved from said 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 City of Miami Page I of 16 File Id. 09-01342zt (Version: 3) Printed On: 4/12/2010 Miami City Of Miami Hall 1,06 r� 3500 Pan American *F * Drive 199AI Y Legislation Miami, FL 33133 www.miamigov.com h' 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, 3, 4, AND 5 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, A TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES PROGRAM,AND AN INTERIM PARKING PROGRAM, TO AUTHORIZE CERTAIN TEMPORARY EVENTS, USES, AND INTERIM PARKING USES, 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 11000 should be moved from said 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 City of Miami Page I of 16 File Id. 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number: 09-04342zt DIVISION 1. TEMPORARY EVENT PERMITS Sec. 62-520. Intent. A Temporary Event Permit System is hereby established, to be administered by the City Manager or Designee, in order to provide special examination and review of temporary events by the appropriate departments of the City or related agencies. Enforcement of this Code shall be by Chapter 2 Article X, Code Enforcement or any other remedies as provided by law. Sec. 62-521. Temporary Events in General 1. Temporary events are those events of limited duration, open to a large number of people. An event which would require a temporary event permit is an event which is not one of the authorized uses of a property, and is an event which is not included as a customary, primary, or ancillary use as identified in its certificate of use. Any use of the property already included in the certificate of use for that property will not require a separate event permit. For those properties that do not require certificates of use, such as one or two family homes, it is an event that is over 100 people and impacts traffic and access to the public right of way. a. A temporary event can occur on private property, public property, or in a combination of public e event. i.e. tents, temporary structures, barricades, fencina. banners, and the like. necessary for the event. c. A temporary event permit property. not be reauired for a 2. Where a temporary event, including but not limited to, a carnival, party, block party, neiahborhood celebration event, festival, fair, farmer's market, outdoor sales, or similar type of event is permissible on privately owned or public property by a Temporary Event Permit, the event shall be subject to the following: 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 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. b. Temporary events, which do not include mechanical rides, are permissible on any day of the week. c. No more than two (2) temporary events shall be permitted, each for a maximum duration of two (2) weeks, on private pro pe ty per year. No more than ten (10) temporary events shall be permitted, each for a maximum durations of two (2) weeks, on public property per year, unless City of Miami Page 2 of 16 File Id. 09-01342zt (!Version: 3) Printed On: 411212010 File Number.' 09-01342zt approved by the city commission. d. The limitation of two (2) temporary events on private property per year may be waived by an affirmative vote of the city commission. e. The limitation of two (2) weeks duration per temporary events may be waived by an affirmative vote of the city commission, to permit more time for an individual event. Sec. 62-522. Permit Application Process, Possible Determinations and Referrals A Decisions of the City Manager or Designee regarding Temporary Event Permits shall be amended by reports received on the referrals as provided below. 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 departments or other governmental agencies upon which referrals were made. Such criteria shall be as determined by each of the City departments or agencies and as regulated by other applicable laws. The City Manager or Designee shall review comments as provided by each City department or agency to determine whether the proposed event complies with all of the individual criteria. A recommendation of denial by any department or agency shall be accompanied by specific findings which enumerate 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. Applications for Temporary Event Permits shall be submitted on application forms as provided by the City and shall be accompanied by such plans, reports, photos, or other information exhibits or documents as may be reasonably required to make the necessary determination in each case. 2. Approvals of applications shall be issued when such application is complete and complies with all applicable criteria and requests. 3. Conditional approvals of applications shall be issued when such applications require conditions to be satisfied in order to be found in compliance with applicable criteria. a. 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, shall be based upon, and consistent with, considerations and standards applicable to the Temporary Event Permit. 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. b. 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. 4. 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. City of Mianu Page 3 of 16 File Id. 09-01342zt (version: 3) Printed On: 411212010 File Number: 09-01342zt B. Temporary Event referrals. The Designee shall make referrals as specified herein based on the nature of the application. 1. Zoning: Referral to the Office of Zoning for compliance with applicable zoning regulations. 2. Fire: Referral to the Fire Rescue Department for review of fire safety controls as determined by the department. 3. 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. 4. Neighborhood Enhancement Team (NET): Referral to the appropriate NET Office for review and approval of operational plan, which shall include number of trash receptacles and their 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. 5. Other. Referral to other City agencies or 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. 62-522.6 TEMPORARY EVENTS ZONING FIRE POLICE NET OTHER BannerX X X X X Carnivals X X_ X_ X X Commercial events of 100 persons or more not approved for such occupancy loads X X X X X — — — — Fairs X X X X X_ Farmers' markets 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_ Ground breakings X_ X_ X X X_ Holidav Sales (includina but not limited to sales of Christmas Trees. Pumpkins. 4th of Julv Fireworks X X X X X Outdoor Sales X_ X X X X Private parties or weddings of 100 persons or more on properties not approved as an event venue X X X X X_ Markets X X_ X X X_ Other X X X X X Sec. 62-523. Informal notice and Hearing. No formal public notice and hearing are required in connection with Temporary Event Permits. However, the following is required: City of Miand Page 4 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number: 09-01342zt 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 abutting across the street or alley, in an approved City form, by certified mail, and shall submit the application with 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 receive said notice and a list of all the officers of said association. 3. At the time of initial application, the applicant shall obtain the list of all registered neighborhood and/or homeowner associations 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. 4. At the City Manager's discretion, only email notice, in lieu of email and mail notice, will be required to the registered neighborhood and/or homeowner associations based on the size and nature of the Temporary Event in question, if the Temporary event does not impact the surrounding area at all. 62-524 Permit Timelines and Effect of Determinati 1, Reports reauired from departments or other aaencies: time limitations. 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 city departments or agencies as noted in Table 62-522.6 above, which are, in the City Manager or Designee's judgment, necessary to the proper disposition of the application. No Temporary Event Permit shall be granted without all the department or agency reports or recommendations. The applicant shall be notified in writing of such referrals and reports or recommendations, 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. 2. Effect of required reports on issuance or denial of Temporary Event Permits attachment of conditions and safeguards. a. Where a report based on required review, analysis, and/or technical determination indicates that grantinq the Temporary Event Permit, 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 City of Miami Page 5 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4/1212010 File Number.' 09-01342zt 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 Tem_ porary Event Permit if the City Manager or Designee determines that there remains just and adequate cause for denial based on the failure to meet the required standards. 3. Intended Denials. 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. 4. Request by applicant for conference. a, Within five (5) calendar days of receipt of such denial 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 departments or agencies as the applicant desires, for the purpose of presenting additional facts, argument, information, or data in support of the applicant's position. b. Prior to the conference, the applicant shall be given full opportunity to examine all reports submitted on the referrals, in the case, as provided herein. Information on which decision is based shall be public and available to applicant. c. Upon request for a conference, the City Manager or Designee shall be responsible for informing City department representatives, as requested by the applicant, and for setting a mutually agreeable time for such conference. d. If any of the City representatives fail to appear, the City Manager or Designee shall enter such fact in the record on the case and proceed with any of the City representatives present, to hear the applicant, unless the applicant requests a postponement. e. 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 a final decision as though the conference had been held. 5. Final Decision of City Manager or Designee. Within five (5) calendar days ter 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 City of Mianu Page 6 of 16 File Id. 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number: 09-09342zt such decision, with reasons. Sec. 62-525. Withdrawal of application; effect of withdrawal. An application for a Temporary Event Permit may be withdrawn by the applicant at any time prior to a decision without restrictions as to a 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. 62-526. 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 department or representative 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 Planning and Zoning Appeals Board (PZAB). DIVISION 2. TEMPORARY PERMITS Sec. 62-527. 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 uses and occupancies within the city. A Temporary Permit System is hereby established, to be administered by the City Manager or Designee, in order to provide special examination and review of temporary uses and occupancies by the appropriate departments of the City or related agencies. Enforcement of this Code shall be by Chapter 2 Article X, Code Enforcement or any other remedies as provided by law. Sec. 62-528. Temporary Uses and occupancies in General 1. Temporary uses and occupancies are those uses and occupancies within the City of limited duration that occur on private property, public property, or in a combination of public and private properties, that would require special review by the City. Temporary uses and occupancies are those that are not expected to remain on a property for more than two (2) years. Such uses are typically associated with land development, construction, parking or recreational facilities. They include, but are not limited to, temporary office use in connection with land development or construction activity, i.e. construction offices or watchman quarters; temporary parking for construction crews in connection to land development; storage facilities for construction equipment and materials; sales or leasing offices for newly constructed projects; interim parking programs, office trailers, construction trailers, fences, temporary encroachments, etc. a. A temporary permit would not be required for a use or occupancy required by the City of Miami. City of Miami Page 7 of 16 File Id: 09-01342zi (Version: 3) Printed On: 4/1212010 File Number: 09-01342zt b. Where a temporary permit use is associated with land development or construction activity, such temporary permits authorizing construction related activities may only be authorized in conjunction with the building permit for the approved project. No temporary permits shall be issued for construction activity that is not associated with a building permit for an approved development project. 2. Temporary uses and occupancies shall be subject to the following: a. The limitation of two (2) of the same temporary uses or occupancies on private property per year may be waived by an affirmative vote of the city commission. b. The limitation of two (2) years duration per temporary uses may be waived by an affirmative vote of the city commission to permit more time for an individual use. Sec. 62-529. Permit Application Process, Possible Determinations and Referrals A Decisions of the City Manager or Designee regarding Temporary Permits shall be amended by reports received on the referrals as provided below. Approvals of Temporary Permits for temporary uses and occupancies by the City Manager or Designee and shall be based on the criteria utilized by the different departments or other governmental agencies upon which referrals were made. Such criteria shall be as determined by each of the departments and as regulated by other applicable laws. The City Manager or Designee shall review comments as provided by each department to determine whether the proposed use or occupancy complies with all of the individual criteria. A recommendation of denial by any particular department or agency shall be accompanied by specific findings which enumerate how the request does not comply with their individual criteria. The duration of each Temporary use or occupancy shall be clearly stated within the approved Permit. 1. Applications for Temporary Permits shall be submitted on application forms as provided by the City and shall be accompanied by such plans, reports, photos, or other information, exhibits, or documents as may be reasonably required to make the necessary determination in each case. 2. Approvals of applications shall be issued when such application is complete and complies with all applicable criteria and requests. 3. Conditional approvals of applications shall be issued when such applications require conditions to be satisfied in order to be found in compliance with applicable criteria. a. 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, shall be based upon, and consistent with, considerations and standards applicable to the Temporary Permit. 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. b. Failure to comply with conditions and safeguards when attached to the grant of a City of Mianu Page 8 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number.' 09-01342zt 4. 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. B. Temporary Permit referrals. The Designee shall make referrals as specified herein based on the nature of the application. 1. Zoning: Referral to the Office of Zoning for compliance with applicable zoning regulations. 2. Fire: Referral to the Fire Rescue Department for review of fire safety controls as determined by the department. 3. 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. 4. Neighborhood Enhancement Team (NET): Referral to the appropriate NET Office for review and approval of operational plan, which shall include number of trash receptacles and their locations; frequency of trash pick-up; name and 24 hour telephone number of contact person responsible for handling maintenance and/or emergencV 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. 5. Other. Referral to other City agencies or 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. 62-529.6 TEMPORARY USE OR OCCUPANCY IS SUBJECT TO PERMISSIBILITY AS SPECIFIED WITHIN DISTRICT REGULATIONS IN MIAMI 21 AND SPECIFIC TEMPORARY USES PURSUANT TO THE FLORIDA BUILDING CODE OR OTHER TECHNICAL CODES ZONING FIRE POLICE NET OTHER CONSTRUCTION TRAILERS X X X X X FENCING X X_ X_ X X_ KIOSKS X_ X X_ X_ OFFICE TRAILERS X X X X_ X PARKING X_ X X X X PORTABLE BATHROOMS X_ X X_ X X_ RECEPTACLES X_ X_ X_ X X_ TEMPORARY ENCROACHMENTS X X X X_ X TRAILERSX X_ X X X OTHER X X X X X Sec. 62-530. Informal notice and Hearin No formal public notice and hearing are required in connection with Temporary Permits. 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 abutting across the street or alley, in an approved CitV form, bV certified mail, and shall submit the application with certified receipt(s). City of Miami Page 9 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4112/2010 File Number., 09-01342zt In the case of adiacent 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 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. 3. At the time of initial application, the applicant shall obtain the list of all registered neighborhood and/or homeowner associations 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. Sec. 62-531 Permit Timelines and Effect of Determinations. 1. Reports required from departments or other agencies; time limitations. Within five (5) calendar days of receipt of applications for Temporary Permits by the City Manager or Designee, he/she shall make such referrals to city departments or agencies as noted in Table 62-529.6 above, which are, in the City Manager or Designee's judgment, necessary to the proper disposition of the application. No Temporary Permit shall be granted without all the department or agency reports or recommendations. The applicant shall be notified in writing of such referrals and reports or recommendations, 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 o� r 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. 2. Effect of required reports on issuance or denial of Temporary Permits; attachment of conditions and safeguards. c. Where a report based on required review, analysis, and/or technical determination indicates that granting the Temporary Permit, 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 dust and adeauate cause for denial based on the failure to meet the reauired standards. 3. Intended Denials. City of Miami Page 10 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4112/2010 File Number.' 09-01342zt 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 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. 4. Request by applicant for conference. c. Within five (5) calendar days of receipt of such denial 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 departments or agencies as the applicant desires, for the purpose of presenting additional facts, argument, information, or data in support of the applicant's position. d. Prior to the conference, the applicant shall be given full opportunity to examine all reports submitted on the referrals, in the case, as provided herein. Information on which decision is based shall be aublic and available to aaalicant. e. Upon request for a conference, the City Manager or Designee shall be responsible for informing City department representatives, as requested by the applicant, and for setting a mutually agreeable time for such conference. f. If any of the City representatives fail to appear, the City Manager or Designee shall enter such fact in the record on the case and proceed, with any of the City representatives present, to hear the applicant, unless the applicant requests a postponement. g. 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 a final decision as though the conference had been held. 5. Final Decision of Citv Manaaer or Desianee. 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. 62-532. Withdrawal of application; effect of withdrawal. An application for a Temporary Permit may be withdrawn by the applicant at any time prior to a decision without restrictions as to a resubmittal. But if withdrawn after the final decision has been hin twelve (12) month date of withdrawal. Sec. 62-533. Appeals. Any person or persons, jointly or severally, aggrieved by the decision of the City Manager or City of Miami Page 11 of 16 File Id: 09-03342zi ([version: 3) Printed On: 4/12/2010 File Number: 09-01342zt Designee in granting, granting with conditions or safeguards, or denying a Temporary Permit, or any department or representative of the City, may seek review of decisions made, by appeal to the Citv 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 Planning and Zoning Appeals Board (PZAB). DIVISION 3. TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES Sec. 62-534. Temporary Structures Intent. It is the intent of the city commission that the use of temporary structures be Permissible on vacant land for the purposes of housing accessory office and restroom uses in conjunction with recreational uses on such land. a. Recreational uses include uses for playgrounds, sports fields, passive park uses, recreation centers, and any other recreational purposes. Recreational facilities are facilities that support recreational uses or sporting and community uses. 2. Permitted Uses. Temporary Mobile structures shall only be allowed for use as accessory office and restroom facilities in conjunction with outdoor recreational uses on vacant lands or vacant portions of land that allow such uses pursuant to the zoning ordinance of the City of Miami. 3. Procedures. The procedures established in Division 2 for Temporary permits will be followed in order to obtain permits for uses under this section. 4. Irrespective of the limitations set forth in the Zoning ordinance of the City of Miami, Approvals for Certificates of Use shall be granted by the Zoning Administrator upon approval by the Building Official that such temporary structures have met all necessary criteria and have paid all fees for the use(s) being requested. These fees include, but are not limited to, payment of all applicable Impact Fees and solid waste fees in addition to all other applicable fees. 5. The Building Official shall review all applications for temporary structures prior to their placement on any site. Such structures shall be certified as temporary mobile homes or manufactured homes structures by either the State of Florida Department of Motor Vehicles (DMV) or the State of Florida Department, of Community Affairs (DCA). 6. Renewals. The use of temporary structures shall require annual renewals by the Building and Zoning Departments and shall only be in effect for one (1) year at a time or until such time that the City Commission repeals or sunsets these provisions. Failure to renew annually will result in code enforcement action. Enforcement. Enforcement of this Code shall be by Chapter 2 Article X Code Enforcement or any other remedies as provided by law. Sec 62-535-541 RESERVED DIVISION 4. INTERIM PARKING City of Miami Page 12 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number: 09-01342zt 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) types of interim parking as follows: (a) 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 a Temporary Permit and only in coniunction with an approved special event that requires the additional parking to be accommodated on said lot(s). Sec. 62-543.2 Short-erm 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 subject to the applicable criteria in Division 2 above, and only in coniunction 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 adjacent to, abutting or across the street from single family zoned property. Renewalsmay 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 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 coniunction with uses such as special entertainment districts, historic districts which consist predominantly of City of Miami Page 13 of 16 File Id. 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number.' 09-01342zt non -residentially zoned properties, government facilities or institutional uses whose scale and operation warrant the daily Vear round use of interim parking facilities rather than temporary special event uses. However no such interim special use parking shall be located ad'Iaceht to, abutting or across the street from single family zoned propertV. Special use areas may also include other public or private attractions and uses that are over ten (10) acres in sizeethat 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 Plannina that such renewals are in the best interest of the Citv for reasons related to insufficient concerns that arise as reported by the NET Administrator, Code Enforcement or the Miami Police Department that pertain_ to the particular parkinq facility i*_n_question Parkinq_spaces providedunder this tvbe of interim barkina facility shall not be counted toward meetina reauired barkina for anv such special use they serve, unless such parking facility is in full code compliance. 62-543. 4 Interim temporary parking pilot program. Interim temporary parking pilot program is a 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 square feet in size, within a one thousand (1,000) foot radius of the uses they are intended to serve, pursuant to Temporary Permit subject to the applicable criteria in Division 2 above and only in 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 temporary 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 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 interim temporary parking pilot program shall not be counted toward meeting required parking for any 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 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 approved City of Miami Page 14 of 16 File Id: 09-01342zt (Version: 3) Printed On: 4/12/2010 File Number: 09-01342zt 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. 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 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 permits listed above. 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 major 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). Section 62-545. Enforcement. Enforcement of this Code shall be by Chapter 2 Article X Code Enforcement or any other remedies as provided by law. DIVISION 5. MURALS *11 City of Miami Page 15 of 16 File Id: 09-01342zt (Version: 3) Printed On: 411212010 File Number. 09-01342zt 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: {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 Miami Page 16 of 16 File Irl: 09-01342zi (Version: 3) Printed On: 4/12/2010