Section 463.010 Purpose.
Section 463.020 Special Events Defined.
Section 463.030 Exemptions.
Section 463.040 Authorization.
Section 463.050 Standards For Special Event Permits.
Section 463.060 Additional Requirements.
Section 463.070 Application Requirements.
Section 463.080 Notice To Other Officials.
Section 463.090 Prohibition of Transfer of Permits.
Section 463.100 Revocation of Permit.
Section 463.010 Purpose.
[Ord. No. 3075 §1, 10-22-2009]
The purpose of this Chapter is to define, establish procedures
and provide basic standards for special events.
Section 463.020 Special Events Defined.
[Ord. No. 3075 §1, 10-22-2009]
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.
Section 463.030 Exemptions.
[Ord. No. 3075 §1, 10-22-2009]
A.
The following
events are exempt from the terms and conditions of this Chapter.
1.
Any
not-for-profit and/or fundraising 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 sponsored or co-sponsored 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.
5.
Any
event held at a private dwelling including, but not limited to, private
gatherings, open houses, weddings, showers and wakes.
Section 463.040 Authorization.
[Ord. No. 3075 §1, 10-22-2009]
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 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 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.
Section 463.050 Standards For Special Event Permits.
[Ord. No. 3075 §1, 10-22-2009]
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 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 non-residential 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 general liability insurance coverage
in an amount of two million dollars ($2,000,000.00) for the special
event is provided. If a special event is held on public property or
extraordinary services are provided by the City, the applicant shall
provide the City with a certificate of insurance identifying the City
as additional insured at such levels of insurance designated by the
Board of Aldermen and in the form approved by the City Attorney.
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.
Section 463.060 Additional Requirements.
[Ord. No. 3075 §1, 10-22-2009]
A.
City Services. 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 applicant shall
be required to reimburse the City for the cost of the services if
the services are not provided by the applicant. The City may require
the applicant to submit a security deposit, in an amount and in the
form approved by the City Attorney, prior to the event to ensure that
the applicant complies with this provision.
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.
Section 463.070 Application Requirements.
[Ord. No. 3075 §1, 10-22-2009]
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 twenty-one (21)
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.
Section 463.080 Notice To Other Officials.
[Ord. No. 3075 §1, 10-22-2009]
Prior to the issuance of a special event permit, the Director
shall send a copy of the application to the City Administrator, Public
Works Superintendent, Fenton Fire Protection, St. Louis County Police
Department, 5th Precinct and any other entity deemed appropriate by
the Director.
Section 463.090 Prohibition of Transfer of Permits.
[Ord. No. 3075 §1, 10-22-2009]
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.
Section 463.100 Revocation of Permit.
[Ord. No. 3075 §1, 10-22-2009]
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.