[Ord. No. 3918, 4-25-2019[1]]
The purpose of this Chapter is to define, establish procedures
and provide basic standards for special events.
[Ord. No. 3918, 4-25-2019]
A.
The term "special event," as referenced in this Chapter, shall mean
a temporary use of land or structures for one (1) or more of the following
types of activities:
2.
Commercial Events. Any commercial event held outside an enclosed permanent structure with the intent to sell, lease, rent or promote specific merchandise, services, product lines or other aspects of a business, including, but not limited to, tent sales, arts and craft sales, trade shows or product demonstrations; except as provided for in Chapter 461: Outdoor Displays, Sales and Storage of Merchandise.
[Ord. No. 3918, 4-25-2019]
A.
The following events are exempt from the terms and conditions of
this Chapter.
1.
Any non-commercial or public attraction event, including, but
not limited to, barbeques, picnics, car washes or baked good sales,
that are less than forty-eight (48) hours in duration and in which
no mechanical amusement devices, inflatables or mechanical game equipment
are involved, provided that the City has been given advance notification
of the event of not less than seven (7) days, including evidence of
notification to the Fenton Fire District and St. Louis County Police
Department, 5th Precinct.
2.
Any event held by the City.
3.
Any event held within a public park, provided that the event complies with all provisions of the City of Fenton Code and any other requirements of the City regulating conduct in the parks and recreation areas and are held under a permit authorized under Code Section 220.170.
5.
Any event held at a private dwelling, including, but not limited
to, private gatherings, open houses, weddings, showers and wakes.
6.
Persons acting pursuant to an order or process of a court of
competent jurisdiction.
[Ord. No. 3918, 4-25-2019]
A.
The Director shall issue a permit for any special event, as referenced
herein, within any zoning district, unless otherwise provided for
within this Chapter. This permit shall not waive the requirement for
any building permit, operating permit, special use permit, tent permit,
liquor license, St. Louis County or other permit or license required
by law for the proposed activity, facility or use associated with
the special event. Additionally, the Director, or, if applicable,
the Board may establish any reasonable conditions deemed necessary
to ensure compatibility with adjacent land uses and to minimize potential
adverse impacts on adjacent properties and uses including, but not
limited to:
1.
Event-specific restrictions on the hour(s) and day(s) of the
week of the operation at a specific location, duration of the event,
size of the activity or other operational characteristics, including
limited duration and the health, safety and welfare of the community;
2.
Provisions for traffic control or security personnel to ensure
the public safety and convenience;
3.
Temporary arrangements for on-site rest room facilities, parking
and traffic circulation;
4.
Requirements for screening/buffering and guarantees for site
restoration and cleanup following the special event. The Director
or, if applicable, the Board may establish that said guarantees require
the posting of a performance bond to help ensure that the operation
of the event and the subsequent restoration of the site are conducted
according to required special event standards and conditions of approval.
[Ord. No. 3918, 4-25-2019]
A.
Except as provided in Section 463.060(A), the Director shall issue a permit, as provided herein, when, after consideration of the application and other information as may otherwise be required, he/she finds that:
1.
Land-Use Compatibility. Any special event, as defined in this
Chapter, shall be conducted on private property and shall not involve
the use of public right-of-way. The special event will be consistent
with the intent of this Chapter and will not impair the normal, safe
and effective operation of a permanent use on the same site nor endanger
or be detrimental to the public health, safety or welfare or injurious
to any adjacent property.
2.
Hours Of Operation. The hours of operation of a special event,
including setup and take down, shall be limited between the hours
of 7:00 A.M. and 10:00 P.M. Sunday through Thursday and 7:00 A.M.
to 11:00 P.M. Friday and Saturday.
3.
Duration. The duration of special event will not exceed ten
(10) consecutive days.
4.
Frequency. The maximum frequency of a special event at the same
address shall be four (4) times per calendar year. Although different
types of special events may be concurrent and treated as one (1) event.
There must be a minimum of at least thirty (30) days between each
event held at the same address. Multiple event types can be combined
and issued under one (1) permit.
5.
Traffic Circulation. The special event will not cause undue
traffic congestion or accident potential given anticipated attendance
and the design of adjacent streets, intersections, parking and traffic
controls.
6.
Off-Street Parking. Off-street parking will be provided to meet
the needs of the special event and the event will not create a parking
shortage for any other use. All off-street parking surfaces used for
the special event shall be concrete or asphalt, unless an acceptable
alternative is approved by the Director. Grass or lawn surfaces will
not be accepted as a parking surface.
7.
Area Of Parking Lot Dedicated To Outdoor Special Events. No
drives or maneuvering areas may be utilized within the special event
area unless such drives or maneuvering areas are directly adjacent
to the approved special event area, are not required for emergency
access and are not deemed necessary by the Director to provide proper
circulation through the lot.
8.
Public Safety, Conveniences And Litter Control. Where applicable,
adequate on-site rest room facilities and solid waste containers have
been provided. The applicant shall calculate the demand for such facilities
and specify how the need will be addressed.
9.
Appearances And Nuisances. The event shall not generate excessive
noise, dust, smoke, glare, spillover lighting or other forms of environmental
or visual pollution. Exterior illumination shall not be greater than
one (1.0) foot-candle at any property line adjoining a nonresidential
district or greater than one-tenth (0.1) at any property line adjoining
a residential district.
10.
Site Location. No portion of the event shall be located within
twenty-five (25) feet of a street right-of-way or fifteen (15) feet
of any side or rear property line adjoining a non-residential district
or within twenty-five (25) feet of any side or fifty (50) feet of
any rear property line adjoining a residential district.
11.
Insurance Coverage. Proof of general liability insurance coverage,
in an amount required by the Director based on the size and characteristics
of the event, shall be provided to the Director.
12.
Signs. The Director shall review all signage in connection with the issuance of the special event permit. All signs shall be subject to Chapter 485: Sign Regulations.
13.
Compliance With Other Regulations. The special event shall comply
with all applicable City, County, State and Federal health, safety,
environmental and other applicable requirements.
[Ord. No. 3918, 4-25-2019]
A.
City Services Or City Owned Property.
1.
If the applicant requests the City to provide extraordinary
services or equipment or if the Director otherwise determines that
extraordinary services (including, but not limited to, traffic control
or security personnel) or equipment are required to protect the public
health, safety or general welfare, the special event permit application
shall be submitted to the Board for consideration. If the Board approves
the requested permit with City provided services, the applicant shall
be required to reimburse the City for the cost of those services.
The Board may require the applicant to submit a security deposit or
other form of surety, in an amount and form approved by the City Attorney,
prior to the event to guarantee that the City will be reimbursed for
the cost of such extraordinary services.
2.
If the applicant requests, or seeks to use, City owned property
for the special event, including use of City ROW if not expressly
exempt by this Chapter, the special event permit application shall
be submitted to the Board for consideration. As a condition of approval
for a special event on City owned property, the applicant shall at
minimum be required to obtain insurance at the then current sovereign
immunity limits and name the City as an additional insured on such
policies and execute an indemnification and waiver of liability agreement.
In approving such special event permit, the Board may impose additional
conditions to protect the public health, safety or general welfare.
B.
Restoration Of Site. Within forty-eight (48) hours of cessation of
the event, the site shall be returned to its previous condition (including
the removal of any temporary structure, all litter, signage, attention-attracting
devices or other evidence of the special event and return of all ground
cover that may have been disturbed or, in the alternative, measures
to control erosion).
C.
Permit To Be Displayed Or Made Available. The applicant shall post
or otherwise display a valid special event permit on the premises
at all times during the duration of the event.
[Ord. No. 3918, 4-25-2019]
A.
Any person seeking the issuance of a special events permit as herein
required shall file an application with the Director, on forms provided
by the Community Development Department, not less than thirty (30)
days before the date on which it is proposed to conduct the special
event. The application shall set forth the following information:
1.
Name, address and telephone number of the person or organization
seeking to conduct the special event. If the special event is proposed
to be conducted for, on behalf of or by an organization, the name,
address and telephone number of the headquarters of the organization
and of the authorized and responsible leaders of such organization.
2.
Description of the nature or type of special event to be conducted.
3.
The address/location and date(s) and time(s) of the special
event.
4.
Number of people expected to attend the event.
5.
The name, address and telephone number of the persons who will
be special event chairperson or managing officer and who will be responsible
for its conduct.
6.
Three (3) copies of a site plan drawn to scale showing the layout
of the event, such as where interactive inflatable equipment, games,
food tables, tents, etc., will be placed on the property.
7.
If inflatables are used, they shall not exceed twenty-five (25)
feet in height, measured from the ground and shall not be allowed
on the rooftop of structures. In addition, the following information
must be provided:
8.
If the special event is to be held by, on behalf of or for any
person or persons other than the property owner, the applicant for
such permit shall file with the Director a communication, in writing,
from the property owner authorizing the applicant to hold the special
event.
9.
Any additional information that the Director shall find reasonably
necessary to determine whether a permit should be issued.
[Ord. No. 3918, 4-25-2019]
Prior to the issuance of a special event permit, the Director
shall send a copy of the application to the City Administrator, Public
Works Director, Fenton Fire Protection, St. Louis County Police Department,
5th Precinct and any other entity deemed appropriate by the Director.
[Ord. No. 3918, 4-25-2019]
No special event permit issued under the provisions of this
Chapter shall be assigned or transferred to any other person or business
or transferred to another location.
[Ord. No. 3918, 4-25-2019]
Because the intention of this Chapter is to allow for the temporary
use of property under specific controlled conditions, the City's
issuance of a special event permit is not intended to, and expressly
does not, create a vested property right in any use of property allowed
by the City's grant of a special event permit nor does it create
a right or expectation in the property owner to the City's issuance
of a subsequent special event permit for the same special event. The
Board may, at its sole discretion based upon the health, safety and
welfare of the residents of the City and the community as a whole,
revoke an existing special event permit for violation of its terms
or other exigent circumstances or decline issuance of further permits.
The Director shall have the authority to stop or otherwise halt the
conduct of any special event that is at any time presenting a threat
to the health, safety or welfare of the inhabitants of the City.
