SEBASTIAN — City staff wants to ease the rules on outdoor private events like church yard sales, gun shows and tent sales for cars and boats, but the Sebastian Planning and Zoning Commission isn’t quite convinced yet where to go on the issue.
After a lengthy discussion at its last Aug. 7 public meeting, the commission, sitting as the Local Planning Agency, told Dorri Bosworth of the Community Development Department to rework her proposal for new procedures and criteria for temporary uses and present another version of a Land Development Code amendment at the next meeting.
Bosworth said an amendment is to the city code is needed because there’s too much confusing paperwork involved in processing an average of 20 to 25 temporary use/special event applications at privately owned outdoor locations – not at Riverview Park or other public property, or inside private buildings, churches, or clubhouses.
Bosworth said the current ordinance dates back to 1995 and, since then, “the nature of the temporary uses and events has evolved … and has made it hard to adhere to the present code.”
Among other things, staff wants guidance on what defines temporary. For example, would a quarterly gun show, held at the same location, be considered a temporary use?
Monthly flea markets at local churches and civic organizations currently require a temporary use permit and are usually requested for nine months of the year. “This past year,” said Bosworth, “staff received six applications for such flea markets. Should this number of events still be considered temporary, and how many should occur before it is determined to be a permanent use of the site, requiring zoning compliance?”
City staff also proposed to eliminate a current requirement of temporary uses that the activity “must be a permitted or conditional use within the zoning district.” Most of the properties holding monthly flea markets are zoned Public Service.
Bosworth also requested guidance from the commission on applications for boat and car tent sales, typically from out-of-area dealers. Are they competing with local businesses – or offering more options to residents? Should sales be limited to a certain number per year? Per site? Per dealer? The county code for boat and car tent sales allows only 12 permits per calendar year, six to local and six to out-of-area dealers, on a first-come, first-served basis. A lower limit high for Sebastian might be an option.
Staff also proposed reducing fees for temporary use/special events from the current $125 with a $200 bond, which seemed excessive for the smaller events, to either $35 for each event or a tiered schedule, from $35 for one event to $350 for eight to nine events.
Staff has been trying to cut some of the smaller church flea markets a break by charging them only $125 for nine monthly flea markets on one application.
The commission discussed a two-tier fee based on whether the applicant was a business or a non-profit entity, but City Attorney Robert Ginsburg said there are problems with regulations based on the applicant. Rather, he advised, it should be more appropriately based on the use.
