§ 47-12.10.5. Interim use approval.

A.

Application. Approval of an interim use may only be initiated by application of the owner(s) of the property proposed to be used. The application shall include the following:

1.

All information required for an application for site plan level I permit pursuant to Section 47-24, Development Permits and Procedures;

2.

Identification of the permitted interim use or uses proposed for the property to be used;

3.

A drawing (minimum scale of one-fourth (¼) inch equals one foot) showing the layout and dimensions of the property, proposed location, size and number of passive recreation fixtures, tables, chairs, umbrellas, aesthetic amenities, location of trees, parking meters, trash receptacles, landscaping, utility boxes, poles, guidelines and any other proposed amenities;

4.

Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed passive recreation fixtures, tables, chairs, umbrellas or other objects relating to the interim use;

5.

A programming plan describing programmed activities which may include activities such as artists, performance, art, solo musicians and background music with amplification having a limited decibel level and limited low frequency sound amplitude levels. Such programming plan shall specify days and hours of each proposed programmed activity;

6.

A plan for the maintenance and cleaning of the interim use including but not limited to the development site, the passive recreation fixtures, tables and chairs; and where and when any trash or food on or about the passive recreation fixtures, tables and chairs and development site will be disposed. If the proposed interim use is adjacent to a commonly owned permanent development then a plan outlining common maintenance may be presented. The maintenance plan shall provide that the parcel owner shall clean and remove debris from the property on a daily basis, and shall collect trash daily. This maintenance shall apply to any City sidewalks located adjacent to the interim use parcel;

7.

A lighting plan showing the proposed location and type and intensity of lighting;

8.

A narrative describing the treatment of any structure or fixture and its consistency with the architectural design and style of the North Beach Area;

9.

Hours of operation (maximum allowed: 7:00 a.m. to 12:00 a.m.);

10.

Any permits or approvals required from any other governmental agency necessary to operate an interim use. This may be submitted after interim use approval;

11.

A copy of a valid business tax license for food and beverage service in conjunction with the interim use which is the subject of the application. This may be submitted after interim use approval;

12.

Applications shall be accompanied by a non-refundable application fee of one thousand three hundred fifty dollars ($1,350.00); and

13.

A declaration of restrictions executed by the applicant acknowledging that approval of an interim use is for a limited period of time as provided in subsection d. of Section 47-12.10.5. and that the interim use permit terminates in accordance with the regulations provided herein. Further, that by approval of an interim use permit the applicant has no vested interest in the use of the property for the interim use nor shall the owner claim such interest or claim that the City is estopped from terminating the use in accordance with the applicable provisions. As a condition of the approval of an interim use, the declaration must be executed by the applicant, approved as to form by the City Attorney and recorded in the public records of Broward County at applicant's expense.

B.

Review process.

1.

An application for a development permit for an interim use shall be submitted to the department and undergo the same review as applicable to a Site Plan Level I development permit. A recommendation whether the application meets the criteria provided in the section shall be prepared by the department and forwarded to the City Commission for consideration at a regular meeting. An application for an interim use that is recommended for approval by the department shall be placed on that portion of the City Commission agenda known as the consent agenda where items are approved by a single motion. If any City Commissioner or member of the public requests removal of the application for an interim use from the consent agenda for further review and discussion by the City Commission, the application shall be removed and public comment and discussion on the application shall occur.

2.

If the City Commission approves the application by consent motion, the development permit shall be issued with such conditions as recommended by the department. If the City Commission considers the application after removal from the consent agenda, and if the City Commission determines that the proposed interim use meets the standards and requirements of the ULDR for an interim use, the City Commission may approve the interim use or approve with conditions necessary to ensure compliance with the standards and requirements of the ULDR. If the City Commission determines that the proposed interim use does not meet the standards, requirements and criteria, the City Commission shall deny the application.

C.

Standards and criteria.

1.

The following standards and criteria shall apply to the interim uses and such uses shall comply with the standards and criteria as a condition for approval of an Interim Use.

2.

Open space. The open space shall comply with Section 47-25.3 A.3.e.iv.g Pedestrian Circulation: Urban Open Spaces/Plazas.

3.

Open space uses.

a.

Only passive recreation or relaxation uses will be permitted. No recreation activities that incorporate balls, frisbees or similar objects that are thrown above eye level as part of the recreation activity shall be permitted. No slides, water or regular, no monkey bars, jump houses, or racing competitions unless permitted to be used temporarily in association with a special event shall be permitted.

b.

Programmed activities may only be permitted as part of a permitted interim use or as part of a special event permit. Music may be permitted at any time if there is no amplification or speakers. Amplified music or speakers may be permitted during hours specified in the development permit as identified and approved in the programming plan. Any programmed activities that are approved by the City Commission as part of the interim use may be modified by the City Commission if it is found not to be compatible with surrounding uses. If at least five complaints from persons within an area impacted by noise from a programmed activity are received by City, the Director or his designee shall review the complaints. If based on this review the Director determines that a programmed activity is negatively impacting a surrounding area, the Director shall provide written notice to the applicant identifying the programmed activity that is the subject of the complaint. Upon receipt of written notice, applicant may either agree to cease or modify the identified programmed activities or applicant may give written notice denying the incompatibility and the claim will be placed before the City Commission at a regular meeting for consideration and written notice of the meeting shall be provided to the applicant. If the City Commission finds that any programmed activities are incompatible with surrounding neighborhoods, the development plan shall be amended to withdraw approval of or modify the programmed activities and such programmed activities shall be modified or will not be permitted.

4.

Amenities. The open space amenities provided therein shall comply with Section 47-25.3. A.3.e.iv.i, Site Furnishings.

5.

Accessory structures. Accessory structures, mobile or permanent are subject to the following standards:

a.

The take out restaurant structure may have wheels and be able to be moved, but shall remain in one location during the time the interim use permit is in effect.

b.

Only one accessory structure shall be permitted on a ten thousand (10,000) square foot development site. Each additional ten thousand (10,000) square feet may have one additional structure meeting the requirements of this section.

c.

The height of a structure shall not exceed 11 feet. The length shall not exceed twenty-seven (27) feet.

d.

The design of the exterior façade of the structure shall incorporate architectural design consistent with the character and style of the North Beach Area in accordance with the following:

i.

The color and composition reflect the natural colors and location of the North Beach Area;

ii.

The character reflects a sensitivity to the history and culture of the North Beach Area which has been in the Central Beach Master Plan.

iii.

Awnings or other window treatments are used which reflect this color, composition and character of the North Beach Area.

e.

In lieu of façade enhancements, the side or sides of a structure that are not accessed by the public may be screened with landscaping that fully buffers the façade. Any proposed structure shall be reviewed for material composition and aesthetics in keeping with the Private Sector Design Guidelines set forth in Section 47-25.3.A.3.e.iv.g of the ULDR.

6.

Hours of operation shall be provided and shall not exceed 8:00 a.m. to 12:00 a.m. or such earlier hours as approved in the development plan; and

7.

Music. Any music provided is permitted and if amplified shall be required to direct amplification internal to the property and shall comply with the conditions of the development plan approval and noise ordinances of the City as to hours of music and decibel level.

8.

Landscaping: Landscaping will be required pursuant to Section 47-21.10 B. 1.

9.

Parking. Parking: An interim use parcel less that is one-half (½) an acre or less shall be exempt from the parking requirements set forth in the ULDR.

10.

Maintenance. Property shall be maintained in a clean and attractive manner. Daily cleaning and trash removal on the property consistent with the standards implemented by the City's Business Improvement District (BID) and in accordance with the approved maintenance plan.

11.

Paving. Notwithstanding anything herein to the contrary, improvement of an interim use site shall not include asphalt as part of any hardscape.

12.

Signage. Signage on any interim use parcel shall be limited to one flat sign located on a permitted structure, not to exceed one and one-half (1.5) feet in width and four feet in length; and one freestanding ground sign, not to exceed four feet in height and four feet in width.

D.

Interim use. An interim use permitted in accordance with this Section 47-12.10 is permitted for a period of up to two years as approved by the City Commission, and for an additional period up to an additional two years if it is found by the Department that the approved interim use development has been maintained in accordance with the approved development plan, and the approved structures have been maintained and are of a similar quality and appearance as existed when first opened to the public. The provisions of Section 47-24.1M. for extensions of site plans approval shall not apply to an interim use permit. An application for variance in accordance with 47-24.12 of the ULDR permitting an interim use that is not in accordance with this Section 47-10 shall not be permitted. Upon expiration of the permit period, the permit shall terminate and applicant shall have 60 days to remove any structures and amenities on the site excluding the removal of paving, benches or such other amenities identified by the Department as not required to be removed. Unless otherwise extended by Ordinance adopted by the City Commission, the provisions of this Section 47-12.10 shall terminate and be of no effect four years after the adoption date of this ordinance and an application for an interim use shall not be accepted or permitted by the City and all existing interim uses shall, upon the termination of their approval as provided in the interim use permit, cease and no longer be permitted and all accessory structures and amenities shall be removed in accordance with the provisions of this section.

( Ord. No. C-11-41, § 2, 12-20-11 )