§ 39-238. Outdoor event permits.

Permits for certain outdoor events may be issued subject to compliance with this section. The following outdoor events may be permitted in the zoning districts designated:

Event	Permitted Zoning Districts
(a) Carnival or circus	Commercial, industrial, commercial recreation, rural, agricultural, and institutional
(b) Concerts, festivals	Commercial, industrial, and commercial recreation
(c) Commercial promotions, shows, sales, events	Commercial and industrial

 

(1)

Minimum site requirements. All outdoor events shall require a minimum of one net acre of open space with not less than two hundred (200) feet of street frontage on a public street having a right-of-way width of at least seventy (70) feet.

(2)

Setbacks. No activity, temporary tent, mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from any residentially zoned plot, nor closer than one hundred (100) feet from a public or private street line, and not less than three hundred (300) feet from any privately owned property in agricultural, estate, and rural districts.

(3)

Access. Vehicular access onto any plot used for an outdoor event shall be from a public street which provides the minimum required street frontage specified above. No vehicular traffic shall be allowed ingress to or from the plot through any other residential street.

(4)

Parking. Off-street parking shall comply with requirements of Article XII insofar as the amount of spaces required, minimum parking space size, and minimum aisle widths. All parking spaces may be on an unpaved surface. Temporary barriers, guides, signs, and other temporary markings shall be erected and placed around and within the parking area to facilitate safe and efficient vehicular traffic flow on site.

(5)

Lighting. Temporary lighting used to illuminate the outdoor event after dusk shall be designed and arranged to reflect away from adjacent properties and away from any street or other vehicular use area.

(6)

Temporary structures, exhibits, and mechanical riding devices. Temporary structures, exhibits, and mechanical riding devices shall be permitted in conjunction with outdoor events subject to permit and inspection requirements of all applicable county and state agencies. No temporary structure shall be used for living quarters. All such structures, exhibits, and mechanical riding devices shall be removed from the premises within seven (7) days after the conclusion of the event.

(7)

Signs. Installation or erection and maintenance of permitted signs shall be subject to compliance with Article VI, "Signs," of this Code.

(8)

Frequency and duration. No outdoor event shall be permitted for a period of time exceeding seven (7) consecutive days. No more than two (2) of each category of outdoor event permits shall be issued on any plot during a calendar year. Hours of operation of any event shall be limited to 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to midnight on Friday and Saturday.

(9)

Liability insurance. Before any permit for an outdoor event is issued, the applicant must provide a certificate showing proof of a public premises liability and product liability insurance policy that provides coverage in the amount of three hundred thousand dollars ($300,000.00). The policy must name Broward County as an additional insured and must be issued by an insurance company authorized by the Florida Department of Insurance to do business in the State of Florida. The policy must be approved by the Broward County Risk Management Division prior to issuance of any outdoor event permit.

(10)

Performance bond. Before any permit for an outdoor event is issued, a performance bond or similar security acceptable to the county and naming Broward County as beneficiary in the sum of one thousand dollars ($1,000.00), shall be executed by the applicant, as principal, and a surety company authorized to do business in the State of Florida and on the list of the United States Treasury. Such security must be approved by the Office of the County Attorney, and shall be in effect for the duration of the outdoor event and for six (6) months subsequent to the end of the event. The security shall be released at the conclusion of the six-month time period upon submittal of an affidavit from the applicant that all conditions of the security have been met. The conditions of such security shall be that:

a.

The applicant shall comply fully with all the provisions of the Broward County Code of Ordinances and all other applicable county, state or federal laws regarding the sale of goods as permitted;

b.

The applicant will pay all judgments rendered against said applicant for any violation of said laws; and

c.

The applicant will pay all judgments and costs that may be recovered against said applicant by any persons for damage from any misrepresentation or deceptive practice during the transacting of such business.

(11)

Plans. A plan, drawn to scale, shall be submitted to the Division, at the time of permit application indicating the following:

a.

Plot dimensions;

b.

Adjoining streets and points of access to the plot;

c.

Location of all activities and temporary structures and setbacks from plot lines;

d.

Location and use of any permanent buildings and uses existing on the plot;

e.

Location and amount of existing off-street parking areas, proposed temporary additional off-street parking areas and aisles, including dimensions, location of traffic markings, and signs.

(12)

Permit applications. A permit application shall be submitted to the Division, at least thirty (30) days prior to the outdoor event. The permit application shall include the following:

a.

The name and address of the applicant;

b.

The address and legal description of the plot where the event will be held;

c.

The date or dates of the event;

d.

The type of event and sponsor, if any;

e.

The plan required by subsection (11) above;

f.

An executed performance bond as required in sub-section (10) above;

g.

Proof of insurance as required in subsection (9) above;

h.

Notarized authorization of all property owners of record or their authorized agent, for use of the property for the outdoor event;

i.

A notarized affidavit of proof of posting the notice sign required by Section 39-238(16) herein; and

j.

The applicable processing and inspection fee, in accordance with the fee schedule in effect.

(13)

Agency reviews . Prior to issuance of a permit for an outdoor event, the following agencies shall review and approve the event in accordance with applicable statutes, ordinances, and codes, including the regulations of:

a.

Broward County Traffic Engineering Division;

b.

Broward County Risk Management Division;

c.

Broward County Highway Construction and Engineering Division;

d.

Florida Department of Health, if approval is required;

e.

Florida Department of Agriculture and Consumer Services (if food service is to be provided), if approval is required;

f.

Broward Sheriff's Office, Department of Fire Rescue;

g.

Broward County Planning and Development Management Division;

h.

Broward Sheriff's Office; and

i.

Broward County Environmental Protection and Growth Management Department.

(14)

Permit issuance. Within twenty (20) days subsequent to filing of the application, Broward County shall review the application, inspect the plot, and either issue or reject the permit. Reasons for rejection shall be in writing to the applicant. If the application and plot are in compliance with this section and any other applicable code, statute or ordinance, the zoning official, or designee, shall issue the permit upon payment by the applicant of a cleanup deposit in the amount of two hundred fifty dollars ($250.00) to Broward County to guarantee site restoration. The permit must be posted on the plot for the duration of the outdoor event.

(15)

Site restoration. The permit holder shall be responsible for restoring the plot to its original condition within seven (7) days after the end of the outdoor event. Failure to restore the site to its original condition shall result in forfeiture of the cleanup deposit to the county. The cleanup deposit shall be used for restoration of the location.

(16)

Posting of notice. The applicant must post a sign of sufficient size at least thirty (30) days prior to the beginning date of the outdoor event in a visible location on each street frontage to inform the public of the dates and nature of the outdoor event which will be held on the property.

(17)

Not-for-profit corporations holding events on their own property.

a.

Not-for profit corporations which abut or are adjacent to agricultural, estate, and rural districts which hold outdoor events on their own property shall be subject to all of the requirements set forth above, except the requirements for obtaining a performance bond (subsection (10)) and a cleanup deposit (subsection (14)). However the not-for-profit corporation shall be responsible for restoring the plot to its original condition within seven (7) days after the end of the outdoor event.

b.

Not-for-profit corporations which abut or are adjacent to other residentially zoned districts which hold outdoor events on their own property shall be subject to the following requirements:

1)

The property shall consist of a minimum of one net acre of open space with not less than two hundred (200) feet of street frontage on a public street having a right-of-way width of at least fifty (50) feet.

2)

No mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from any residentially zoned plot. No activity, temporary tent, mechanical device, temporary sanitary facility, or animal associated with any outdoor event shall be closer than one hundred (100) feet from a public or private street line.

3)

The not-for-profit corporation shall comply with the following provisions of Section 39-238: access (subsection (3)), parking (subsection (4)), lighting (subsection (5)), temporary structures (subsection (6)), signs (subsection (7)), frequency and duration (subsection (8)), liability insurance (subsection (9)), plans (subsection (11)), permit applications (subsection (12)), agency reviews (subsection (13)), permit issuance (subsection (14)) except for the requirement for a clean up deposit, site restoration (subsection (15)), and posting of notice (subsection (16)) provisions of Section 39-238 of the Broward County Zoning Code.

(Ord. No. 96-16, § 2, 5-28-96; Ord. No. 1997-52, § 2, 12-9-97; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2005-17, § 10, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15 , §§ 1, 3, 4-10-18)