R9G-Discuss- Permitting For Temporary Religious Structuresg MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members ft the City C/mmissionll -"-\FRoM: Jimmy L. Morales, City Manager l-- I '
DATE: July 23,2014
SUBJECT: DISCUSSION OF PERMITTING FOR TEMPORARY RELIGIOUS STRUCTURES
BACKGROUND / ANALYSIS
From time to time, the City has received complaints from a few individuals regarding
temporary religious structures that abut religious institutions and are erected at least in part on the
public right of way. Likewise, certain individuals complain about these structures (for example,
"Sukkots") on private property, questioning whether building permits were obtained for their
construction. While structures built on rights of way should not generally be encouraged, these
structures are generally erected for a short period of time (8 to 10 days) and have co-existed in the
City for years without incident. As "temporary structures" defined in the Florida Building Code,
these structures require permits. However, in an effort to minimize complaints and eliminate
confusion related to temporary religious structures, the Building Department is recommending the
creation of an express procedure to provide a mechanism to obtain City approval for temporary
religious structures on private property, and in limited circumstances, in the public right of way. The
Building Department would create a simple, expedited permitting process for these structures
(described below) that would be easy for all to comply with.
A. Temporary Religious Sfructures ln Right of Way
The City Manager or his designee would approve a Special Temporary Religious
Structure Permit for temporary religious structures immediately adjacent to or abutting the religious
institution responsible for erecting it wholly or in part in the right of way. Approval of these permits
is solely within the discretion of the City Manager or his designee, but considerations shall include
whether the structure would negatively impact traffic; the public's life, health or safety; pedestrian
flow; or nearby commercial or residential properties; and shall be subject to the following
requirements.
1. The structure cannot be installed in a handicap parking space.
2. All building exits must remain clear of all obstructions, including the structure itself.
3. All lighting in the structure must be approved outdoor lighting and wiring.
4. All lighting must be plugged directly into an approved GFCI outlet.
5. No wiring shall be run under doors or through windows.
6. lf lighting is to be provided within the structure, the power source must be located at
the exterior of the building at a GFCI receptacle. lf a GFCI receptacle is not available,
one must be installed. This installation will require an electric construction permit and
must be completed by a licensed electrician.
7. No open flames or cooking shall be conducted in the structure.
Asenda rtem RQ &
oate 1-27'111125
Commission Memorandum
Dlscusslon of Permitting for Temporary Religious Strucfures
July 23, 2014 Page 2 of 2
8. The structure must relate to the celebration of recognized religious holidays that
specifically require said structure be erected outdoors, and shall only be permitted
during the time of said holiday, with reasonable allowance for construction and tear
down.
9. The structure shall in no event remain for a period in excess of fourteen days.
10.The structure shall only be permitted if the adjacent religious institution is unable to
accommodate the structure on its own property outdoors.
B. Temporary Religious Structures on Private Property
Temporary religious structures on private property will be subject to the same rules and
procedures as described for the public right of way, except that there shall be no requirement that
the structure be immediately adjacent to a building. Further, if the private property owner wishes
the structure to remain beyond a fourteen day period, they would no longer receive the benefits of
this expedited process, and would simply be subject to the terms of the Florida Building Code.
C. Procedure
A minimum of thirty days prior to the proposed construction of the temporary structure, an
application form must be submitted to the City Manager or his designee (in this case the Building
Department)
1. The application shall be signed by the adjacent or abutting religious institution and/or
the property owner if applicable, and shall include an agreement to hold the City
harmless and indemnify the City in the event of any future claims caused by the
temporary structure.
2. A site plan sketch of the proposed temporary structure must be submitted with the
application. This sketch must indicate the exact location and the exact size of the
structure, and no variation from these specifications will be permitted. This sketch can
be hand drawn by the applicant as long as it is possible to ascertain the exact size
and location of the temporary religious structure.
3. The site plan sketch must indicate the number and location of all tables and chairs
within the temporary structure.
4. Emergency contact information must be provided on the application form.
5. Additional information may be required as the application form is developed.
6. Within fourteen days of submittal of a complete application, the City shall inform
applicants whether their permits are approved.
7. The City reserves the right to inspect any or all temporary religious structures to
insure compliance with the provisions of this resolution, and likewise may revoke a
Special Temporary Religious Structure Permit causing the immediate removal of the
structure, if all provisions of this Resolution are not in compliance.
CONCLUSION / RECOMMENDATION
The Administration requests the City Commission's authority to implement this process for
the permitting of temporary religious structures as a test-pilot program beginning on August 10,
2014.|f it is successful, the Administration will likely recommend that it be codified as an Ordinance
for future vears.
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JLM/JMJiMVF/SS
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