A. Purpose
The purpose of this subsection is to provide a uniform mechanism for reviewing temporary use of buildings or lands in the city that do not comply with the standards in Chapter 155, Zoning Code.
B. Applicability
There are two types of Temporary Use Permit authorized by this Code: Major Temporary Use Permits and
Minor Temporary Use Permits
.
Applications for Temporary Use Permits by the City of Pompano Beach (City) or the Pompano Beach Community Redevelopment Agency (CRA) for properties owned or leased by the City and CRA, or for use of private property by the City and CRA for any proposed temporary use of buildings or lands in the city set forth in Part 4 (Temporary Uses and Structures) of Article 4: Use Standards, or any temporary use that does not comply with the standards in Chapter 155 Zoning Code, will be processed as Minor Temporary Use Permits. If applicable, prior to submitting a Temporary Use Permit application the applicant must obtain other necessary governmental approvals and submit proof of the approval(s) with the Temporary Use Permit application.
1. Major Temporary Use Permits
A development order for a Major Temporary Use Permit in accordance with this section is required for any proposed temporary use of buildings or lands in the city set forth in Part 4 (Temporary Uses and Structures) of Article 4: Use Standards, or any temporary use that does not comply with the standards in Chapter 155 Zoning Code. A Major Temporary Use Permit may be used to permit temporary uses, structures, or design elements that are not listed in Section 155.4403, Standards for Specific Temporary Uses and Structures.
2. Minor Temporary Use Permits
A development order for a
Minor Temporary Use Permit
in accordance with this section is required for any proposed temporary use set forth in Part 4 (Temporary Uses and Structures) of Article 4: Use Standards, that the Development Services Director determines would have only minor impacts on neighboring properties. Proposed temporary uses not set forth in Article 4: Part 4 are not eligible for a
Minor Temporary Use Permit, except as provided for in Section 155.2412.B., Applicability.
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a recommendation by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Applicable.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the ZBA, following a quasi-judicial hearing (See Section 155.2307.).
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a final decision by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Not applicable.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Not applicable.
E. Temporary Use Permit Review Standards
A Temporary Use Permit shall be approved only on a finding that the temporary use as proposed:
1. Is on its face temporary in nature;
2. Is in harmony with the spirit and intent of this Code;
3. Is not detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare;
4. Does not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;
5. Is compatible with any principal uses on the site;
6. Is located on a site containing sufficient land area to allow the temporary use and associated structures, and accommodate any associated parking and traffic movement, without disturbing environmentally sensitive lands; and
7. Complies with all applicable use-specific standards in Section 155.4403.
F. Effect of Approval
A development order for a Temporary Use Permit authorizes the submittal of an application for a Zoning Compliance Permit or a Zoning Use Certificate and any other development permit that may be required before the construction or use of the development approved by the development order for the Temporary Use Permit.
G. Expiration
A Temporary Use Permit shall be effective beginning on the date specified in the development order for the Temporary Use Permit, and shall remain effective for the period indicated on the permit. In no case shall a Temporary Use Permit be valid for more than one year after its approval. This expiration period may not be extended.