The requirements of this division are intended to set forth the conditions and procedures for reviewing applications for special permits to allow for the approval of temporary uses or activities that are temporary in nature and not otherwise provided for by these zoning regulations.

(Code 1992, § 27-251; Ord. No. 28-96, § 1, 9-3-1996)

The enforcement procedures and penalties for violating the requirements and conditions of approval for a special permit shall be administered in accordance with section 27-33.

(Code 1992, § 27-252; Ord. No. 28-96, § 1, 9-3-1996)

(a)

A special permit may be approved to allow a temporary use within any of the zoning districts in the town.

(b)

A special permit may be approved by the town manager, the town manager's designee, the planning and zoning commission or the town council to allow temporary uses that are not permitted in a zoning district due solely to the fact they are temporary in nature. A temporary special permit use shall be defined as such uses that do not include permanently installed improvements, including, but not limited to, paved surfaces and structures.

(c)

All properties within residential zoning districts shall be limited to two special permits per calendar year, per property, in order to minimize any potential negative impacts on adjacent residential uses. This limitation may be waived by the planning and zoning commission as part of its review of an application for a special permit.

(d)

Activities held at town-owned properties or controlled venues, such as, but not limited to, the civic center, town parks, town hall, the Riverwalk, and/or community center, shall be subject to town departmental permit requirements and applications only.

(e)

Town-sponsored events are exempt from the special permit application process. If a business co-sponsors a special event with the town, the event shall not count towards the number of events per year for the property.

(f)

Permitting requirements for events sponsored by a public or private school as part of the typical curriculum, which are proposed on school property, may be waived by the town manager or the town manager's designee.

(g)

Events held in the county-owned parks are subject to the county permit requirements. All special permit applications for events held in county parks that require either town police and/or have significant impacts beyond the park boundaries, shall be provided to the town to determine if additional special permits are required. Those types of special events allowed within an approved county park site plan are not required to obtain a town special event permit.

(h)

Outdoor fundraising events sponsored by a corporation not for profit (as defined in F.S. § 617.01401) may be exempted from the special permit requirements by the town manager or the town manager's designee. If any of the following activities or improvements will occur or are anticipated to occur at the event, the applicable permits shall be required:

(1)

Media broadcasting (advertising on radio or television) to publicize the event.

(2)

Buildings, tents or similar structures.

(3)

Electrical, plumbing or similar utility connections required to service the event.

(4)

Sanitary facilities shall be available on-site within existing improved structures.

(i)

Residential garage sales shall not be subject to permitting requirements; however, no more than two sales shall occur per calendar year, per residence.

(j)

Fees for events sponsored by a nonprofit organization (as defined in F.S. § 617.01401) may be waived by the town manager or the town manager's designee.

(k)

All permitted uses are defined in Table 1 (refer to the end of this article).

(l)

An A-1 permit (sidewalk sales, grand openings, and promotional) event that would not otherwise be required to obtain a special event "A" or "B" permit is subject to the permitting requirements listed below where outdoor music/radio broadcasts, outdoor fundraising, live or otherwise amplified outdoor music is a component of the event:

(1)

Applicants shall notify the planning and zoning department two business days prior to the sidewalk sale, grand opening, or promotional event and shall provide the dates, times, and duration of the event. In cases where sidewalk sales, grand openings, or promotional events are reasonably expected by the department to have a significant impact, a Class "A" or "B" special event permit is required. In such cases, the department may deny the event or require a postponement to permit the department sufficient time for processing the permit in accordance with Table 2;

(2)

The individual or entity proposing the event shall provide the department with proof that it has the permission of the property owner prior to conducting the sidewalk sales, grand openings, or promotional events;

(3)

The retail sale of items associated with a sidewalk sale is only permitted in conjunction with a business tax receipt issued from the town for the subject property;

(4)

Sidewalk sales, grand openings, and promotional events are limited to six events per business per year, with a maximum of five days per event. This authorization notwithstanding, the total duration of the up to six events shall not exceed 24 calendar days in any calendar year;

(5)

The sale or distribution of alcohol at sidewalk sales, grand openings, or promotional events is prohibited outside the hosting business feet principal structure unless otherwise permitted through an existing business tax license to serve alcohol at the property for which the special event permit is issued.

(m)

Events held within the permanently enclosed areas of the spring training facility may be exempted from the special permit requirements of this Code by the town manager or the town manager's designee. However, stadium special events that are held on the stadium plaza or any parking areas shall be subject to this article.

(n)

If an approved special event is determined to be a repeat violation of the Code or a condition of a site plan, Large-Scale Planned Unit Development District (PUD), or special permit, the same type of event may be prohibited for up to three years for each repeat violation.

(o)

Special permits requested for events for properties within the Inlet Village sector are subject to the regulations provided in Table 3 of this article.

(p)

In the Inlet Village sector, up to 12 fishing tournaments (i.e., weigh-in, awards ceremony, and activities directly associated with a fishing tournament) shall not count towards the maximum number of events per year per property, but all such events must be processed as established in Table 3.

(Code 1992, § 27-253; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 32-08, § 5, 9-16-2008; Ord. No. 6-10, § 2, 11-16-2010)

The following four types of special permits are hereby established:

(1)

Class "A" special permits. Class "A" special permits may allow for temporary uses as indicated in Table 1 (refer to the end of this article), that are anticipated to have minimal impacts on surrounding uses. Such permits may be approved administratively by the town manager or the town manager's designee. However, at the discretion of the town manager or the town manager's designee, any application for a Class "A" special permit may be submitted to the planning and zoning commission for consideration.

(2)

Class "B" special permits. Class "B" special permits may allow for temporary uses as indicated in Table 1 (refer to the end of this article), that are anticipated to have potentially significant impacts on surrounding uses. All applications for a Class "B" special permit shall require approval by the planning and zoning commission.

(3)

Class "C" special permits. Class "C" special permits may allow for temporary seasonal uses as indicated in Table 1 (refer to the end of this article), that are anticipated to have minimal impacts on surrounding uses. All applications for a Class "C" special permit shall only require approval by the town manager or the town manager's designee.

(4)

Class "D" special permits. Class "D" special permits may allow for businesses that operate on the waterways east of the Florida East Coast Railroad Bridge, not in conflict with Ordinance 52-95, and other businesses which provide mobile services and products to various properties, excluding stationary roadside vending, as indicated in Table 1 (refer to the end of this article), that are anticipated to have minimal impacts on surrounding uses. All applications for a Class "D" special permit shall require review by the planning and zoning commission and approval by the town council.

(Code 1992, § 27-271; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 11-98, § 3, 9-15-1998)

Special permit applications shall be reviewed in accordance with Table 1 (refer to the end of this article). Submittal requirements for each specific type of application shall be as indicated on the official town application form provided by the department of planning and zoning.

(Code 1992, § 27-272; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 32-08, § 6, 9-16-2008)

Temporary signs, including banners, may be permitted pursuant to article XIII of this chapter for T-5 signs. Extended time frames for signs may be approved for Class "C" and "D" special permits as part of the approval process.

(Code 1992, § 27-273; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 32-08, § 7, 9-16-2008)

(a)

Prior to granting a special permit, the town manager, the town manager's designee, the planning and zoning commission or the town council, as appropriate, shall utilize all of the following criteria to determine the issuance of a special permit:

(1)

Will the requested temporary use be injurious to the area involved or otherwise detrimental to the public health, safety and welfare?

(2)

Will any nuisance or hazardous feature involved be able to be suitably separated from adjacent uses?

(3)

If excess vehicular traffic will be generated on residential streets?

(4)

Will a vehicular parking problem be created either internal or external to the site?

(5)

Will the event have potential negative audible effects?

(6)

Does the event violate any other provisions of the town Code of Ordinances?

(7)

Will the use be temporary in nature, pursuant to Table 1 (refer to the end of this article), and not include any permanent improvements?

(8)

Will the impacts of nonresidential uses to residential properties be minimized?

(9)

Will any streets be closed that may have significant impacts on the overall traffic patterns that cannot be adequately mitigated by an alternate traffic circulation plan?

An application for a special permit may be approved if all of these criteria are satisfied.

(b)

As appropriate, the town council, the planning and zoning commission, the town manager or the town manager's designee may provide conditions of permit approval. Such conditions may include, but are not limited to, the following:

(1)

Limits to the hours of operation.

(2)

Noise limitations. Noise limitations more restrictive than the present Code may be imposed for the benefit of surrounding uses.

(3)

Traffic control. To ensure adequate and safe traffic control, provisions for the placement of barricades, signage or law enforcement personnel may be required at the expense of the applicant.

(4)

Sanitary restroom facilities. Sanitary facilities shall be provided in a location as to not negatively impact surrounding properties.

(5)

Food and beverages. Preparation and sale of food and beverages is prohibited unless a permit is obtained from the county health department.

(6)

Trash and garbage disposal. Provisions for on-site garbage and trash containers and their disposal shall be provided in a location as to not negatively impact surrounding properties. All temporary use sites shall be maintained in a neat and orderly manner, including final collection and disposal of all wastes at the end of an event or activity.

(7)

Insurance. Liability insurance, of at least $1,000,000.00, may be required to be obtained by the permittee and approved by the town. Such liability insurance shall insure both the permittee and the town. The firm providing the liability insurance shall be acceptable to the town.

(8)

Surety or bond. Reasonable surety or a bond may be required to be posted to meet any expenses that may be incurred by the town as a direct result of the permitted temporary use.

(9)

Other applicable zoning regulations. Temporary uses shall comply with all other applicable regulations within the Code of Ordinances.

(10)

Building and sign permits. Necessary building, sign, electrical, engineering or similar permits shall be obtained prior to commencement of a temporary use.

(11)

Crowd control. To ensure adequate and safe crowd control, provisions for security or law enforcement may be required at the expense of the applicant.

(12)

Other applicable conditions. Any other applicable conditions to ensure a specific use does not create a nuisance.

(Code 1992, § 27-293; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 44-00, § 2, 9-5-2000)

Special permits required by this article shall only be issued to:

(1)

A business, organization or individual possessing a valid town business tax receipt; or

(2)

A town resident for a temporary use at a residence.

(Code 1992, § 27-294; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 66-06, § 9, 12-19-2006)

(a)

Applicants submitting applications for special events to be located within the public right-of-way of an arterial or collector road for a period of more than one day shall submit a traffic circulation plan which shall be subject to the review and approval of the town council. Applicants submitting applications for special events to be located within the public right-of-way of a local road, or within an arterial or collector road for only one day shall submit a traffic circulation plan which shall only be subject to the review of the town staff by the police department and the department of engineering, parks and public works.

(b)

Outdoor displays and activities may be permitted on a sidewalk, pedestrian walkway, aisle, etc., only where it is wide enough to adequately accommodate the usual pedestrian traffic in a safe manner. Clear access for pedestrian movement on the sidewalk shall be a minimum width of four feet. Additional width may be required to provide adequate disabled access and fire access.

(Code 1992, § 27-295; Ord. No. 28-96, § 1, 9-3-1996; Ord. No. 44-00, § 3, 9-5-2000)

(a)

A special permit may be canceled by the town manager or the town manager's designee if at any time the terms or conditions of the permit are violated. All cancellations shall be in writing and shall state the reason for the cancellation.

(b)

Any permit cancellation by the town manager or the town manager's designee may be appealed in writing to the town council within ten business days of the cancellation via section 27-149 through 27-153 of this chapter.

(Code 1992, § 27-296; Ord. No. 28-96, § 1, 9-3-1996)

_____

Table 1

Table 2. Regulations for All Areas, Except the Inlet Village Sector

Table 3. Regulations for the Inlet Village Sector

Note:

*Hours of operation may be extended by the PZC or TC. Staff may extend hours to 11:00 p.m., or starting at 7:00 a.m. for events located a minimum distance of 300 feet from any residentially zoned property.

**The town may require a Class "B" special event permit for temporary uses and events indicated in Table 1 above, which would ordinarily be subject to a Class "A" special event permit, whenever town staff determines that the event may have potentially significant impacts on surrounding uses. In such case, the special event permit application may be denied or postponed to allow for additional processing time in accordance with Table 2.

***Class "B" special events that recur annually may be approved administratively after initial approval by the PZC and TC (as applicable). Staff shall review the previous year's event to determine if any issues or negative input was received and verified relative to special permit criteria. Prior to making a determination of whether the annual event can be approved administratively, staff may either have the event modified by the applicant or provide conditions of approval to address the special permit criteria. Applications eligible for administrative approval shall be submitted 30 days prior to the event, instead of the 60 days required by Table 2 for Class B permits.

****The 30-day requirement will be reduced by staff to seven days or less, if the event is determined not to require additional town staff resources and meets the special permit criteria.

PZC - Planning and zoning commission.

TC - Town council.

(Code 1992, § 27-296; Ord. No. 32-08, § 3, 9-16-2008; Ord. No. 09-10, § 3, 3-2-2010; Ord. No. 6-10, § 2, 11-16-2010)