§ 78-495. Parklet permit process.

(a)

Application supplement. Applications shall have four weeks from written notice of location approval to submit a parklet permit application supplement, which shall include: site plan, full design details, wind load resistance calculations, emergency removal plan, installation details, insurance coverage, plus the parklet bond or deposit and all required fees.

(b)

Form. The application supplement for a parklet permit shall be submitted to the planning division on forms approved by the division. An application supplement shall not be considered complete for review if the application supplement does not contain all required information and fees.

(c)

Fees. The application supplement shall be accompanied by the appropriate fees, including the associated planning review fee, engineering review fee, parklet permit fee and payment for the use of the parking space, as established by resolution of the city commission.

(d)

Bond. Prior to issuance of a parklet permit, the applicant shall post a parklet bond or deposit, in an amount satisfactory to the city, to cover the costs associated with removal of the parklet and restoration of the right-of-way in the event the applicant fails to do so when required. Only the following types of bonds or deposits will be accepted: (i) bond issued by a surety company authorized to do business in Florida, (ii) deposit of a cashier check or bank draft of any national bank or state bank, (iii) deposit of a certified check drawn on a financial institution acceptable to the city, as determined by the finance department, or (iv) deposit of a U.S. postal money order.

(e)

Review. Complete application supplements shall be reviewed for compliance with the standards, criteria and conditions of this article and city ordinances and must be approved by the following city departments/divisions: development services, public utilities, engineering services, fire rescue, and any other city department or division deemed necessary by the development services director.

(f)

Permit issued. Parklet permits will be issued based on application supplements that meet all requirements of this article and city code, including the posting of a parklet bond or deposit and submittal of certificates of insurance. Approval of a parklet permit is conditional at all times. In addition to the parklet permit, a building permit and/or right-of-way permit may be required. The applicant shall be responsible for submitting the necessary applications and fees for such permits and for obtaining all necessary permits in accordance with city code.

(g)

Denial. A parklet permit shall be denied when:

(1)

The applicant has a suspended or revoked certificate of use or health permit;

(2)

The applicant has been found to have had a violation of City Code within the prior six months;

(3)

The application is intended for an alcoholic beverage establishment, with the exception of a brewpub, microbrewery, micro-distillery, or micro-winery; as defined in section 6-1 of the Code.

(4)

It is necessary to prevent a nuisance from developing or continuing;

(5)

It is necessary to protect the public safety;

(6)

The application supplement does not comply with the requirements of this article or applicable law;

(7)

All necessary permits have not been obtained.

(h)

Renewal. At each two-year application cycle, if no other applications are received for a specific block face, an existing permit holder that submits an application and required fees may have a new permit issued without design review or engineering review, or the associated fees for such reviews, provided there will be no changes to the permitted parklet, unless the city determines that the parklet no longer meets the requirements of this article.

(Ord. No. 4667-16, § 3(Att. A), 1-30-2017)