[HISTORY: Adopted by the Village Board of the Village of
Fox Point 12-10-2002 by Ord. No. 2002-19 (§ 29.12 of the 1961
Code). Amendments noted where applicable.]
The Village Board of the Village of Fox Point finds that there
occur on occasion in the residential zoning districts certain special
events that may be viewed as ancillary to the permitted use(s) but
which may result in special needs to accommodate parking, the orderly
flow of traffic, public safety, and peaceful enjoyment of the surrounding
residential neighborhood. It is the intent of the Board to balance
the interests and needs of the property owner or occupant in case
of an occasional special event with the interests of the surrounding
property owners and the general public health, welfare, and safety.
It is further the intent of the Board to balance the right of the
property owners to the fullest use and enjoyment of their premises
with the interest of the Village in precluding the use of residential
premises for retail or commercial use. The Village Board therefore
establishes the following process for the occurrence and conduct of
special events.
A.
A special event is any event in which the use of the residential
premises is employed by a nonresident person or entity for a benefit
to such person or entity separate and apart from the beneficial use
and enjoyment of the premises by the resident. By way of illustration,
without limitation by enumeration, the Village Board notes the historical
occurrence of contractor's shows, remodeler's or other home
shows, fund-raisers, or commissioned sales events commonly conducted
in the residential home or institution.
B.
In addition to special events benefiting a nonresident, a special
event is also defined as any gathering which due to its size results
in crowds or traffic conditions atypical to the general use in the
surrounding area.
For any special event conducted for or on behalf of and to the
benefit of a nonresident or occupant, a special event permit is required.
For any event conducted by the resident occupant which is a special event due only to either the number of persons expected to attend or atypical traffic conditions due to vehicles anticipated, a permit may be procured at the option of the resident or occupant of the residential premises. In the course of such an event for which no permit was initially required or obtained but which is or has, in the determination of the Village Manager or his/her designee, given rise to a traffic, noise, or safety problem, a special event permit may be required. Such permits as directed to be obtained by the Village Manager or his/her designee shall be subject to the application process set forth in § 546-5 below.
A written application for a special event permit may be made
by persons or groups desiring the same on a form provided by the Village.
The application shall set forth the following information regarding
the proposed use:
A.
Name, address, and telephone number of the applicant(s).
B.
Name, address, and telephone number of the resident or occupant person(s)
who will be responsible for the conduct of the proposed use.
C.
Date(s), duration for each day, and location during which or at which
the requested use is proposed to occur.
D.
The approximate number of persons for whom the use is requested or
who are anticipated to attend and over what period of time.
E.
Details regarding the proposed use, including impact on traffic and
the surrounding property owners.
F.
Such other information as required by the Village Manager or his/her
designee.
Each application for a special event permit shall be accompanied
by a fee as from time to time set by the Village Board.
The Village Manager shall have the authority to grant or deny
a special event permit. In the absence of the Village Manager, such
authority shall be vested in his/her designee.
The Village Manager, or his/her designee, may require, without
limitation, any of the following conditions:
A.
The restriction or modification of the times or duration of the special
event.
B.
Suitable arrangements for on- or off-premises parking, or any other
conditions that relate to compatibility with the interests of the
surrounding property owners.
C.
The assessment of the direct cost of additional police or Village
services necessitated by the special event.
D.
Any other conditions as shall reasonably balance the interests of
the person(s) or occupant(s) conducting the special event and the
interests of the surrounding owners, and the public health, welfare
and safety.
Nothing in this chapter, or the grant of a special event permit,
shall be deemed to allow any special exceptions to any other applicable
Code provisions, including, without limitation by enumeration herein,
those pertaining to parking, signage, noise, property maintenance,
or any other Code provisions applicable to the subject premises.
A special event permit, for an event in progress, may be terminated
by the Chief of Police, or the Village Manager, or his/her designee,
if the health, safety and welfare of the public appear to be endangered
or materially impeded, threatened, or diminished by activities occurring
as a result of the special event.
