§ 16.70.050.1.5. Street closing, temporary.

A.

Applicability. Any application to temporarily close a street shall follow the procedures as provided in this section:

1.

A temporary closing shall mean a closing for up to 365 days.

2.

A closing shall mean a complete or partial physical impairment or prohibition of vehicular access to a street or alley, but shall not include a street or alley vacation and shall not include impairment or prohibition of vehicular or alley access authorized by the City for construction purposes, necessitated by public emergency and at the instance of the City, authorized by a fire or police official acting in the course of his official duties, in accordance with a race permit issued under F.S. ch. 549, or in connection with a film production if authorized by the POD, all of which are exempt from the process for a street closing. Both pedestrian and vehicle access shall not be prohibited at the same time unless it is necessary to achieve the purposes of the closing (e.g., emergencies, race permits, filming).

B.

Initiation. An application for temporary closing of seven days or less may be initiated by anyone. An application for temporary closing of more than seven days may be initiated by the POD, property owners representing at least 51 percent of the linear frontage of the subject street proposed for temporary closing. An application for CPTED plan closing may only be initiated by the POD. The City Council may also initiate a temporary closing without application from any person and without signature from abutting property owners.

C.

Application. An application for temporary street closing shall include the following information in addition to the information that the POD may generally require for a temporary street closing application:

1.

Signed letters of consent from the property owners representing at least 51 percent of the linear frontage of the subject street proposed for temporary closing.

2.

For a CPTED plan closing, the specific locations of each street that will be closed and the locations where the barriers will be placed shall be identified.

D.

Procedure.

1.

Temporary closing of seven days or less.

a.

Staff review and decision. If the POD determines that the application complies with all standards for review, the POD shall approve such application with or without conditions. If the POD determines that the application does not comply, the POD shall identify the reasons and deny the application.

2.

Temporary closing greater than seven days (not including a CPTED plan closing).

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested temporary closing.

3.

CPTED plan closing.

a.

Notification. Where a CPTED plan provides for temporary right-of-way closings, the POD shall notify all residents and property owners within the area identified in the CPTED plan of the adoption of the plan and that implementation of the plan will involve temporary right-of-way closings in their area.

b.

Staff review and decision. If the POD determines that the application complies with all standards for review, the POD shall approve such application with or without conditions. If the POD determines that the application does not comply, the POD shall identify the application's deficiencies and deny the application or defer a decision until the deficiencies have been corrected.

4.

The POD shall notify the Pinellas Suncoast Transit Authority, the Pinellas County School Board and the county of temporary closings.

E.

Standards for review. For standards of review, see the subdivision section.

F.

Expiration. The temporary closures shall not exceed one year from the date of approval. The temporary closures portion of a CPTED plan shall not exceed six months. The temporary closures portion of a CPTED plan may be renewed for an additional term not to exceed six months by adopting a new or amended CPTED plan providing for additional temporary street closings following the procedures set forth herein.

G.

Appeal. Decisions of the POD approving, approving with conditions or denying a temporary street closing may be appealed to the commission designated in the Decisions and Appeals Table. The decision of the Commission on an application for a closing for seven days or less shall be deemed the final decision of the City. The decision of the Commission on an application for a temporary closing for more than seven days may be appealed to the City Council.

(Code 1992, § 16.70.050.1.5; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.5), 9-4-2008; Ord. No. 985-G, §§ 120, 121, 7-15-2010; Ord. No. 100-H, § 9, 12-19-2013)