[R.O. 2009 § 463.010; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
The purpose of this Article is to
define, establish procedures, and provide basic standards for Special
Events.
[R.O. 2009 § 463.020; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
As used in this Article, the following
terms shall mean:
A. SPECIAL EVENT: A temporary use of Property
or Structures for one (1) or more of the following types of activities:
1.
Non-Commercial Events. Any fund-raising and/or not-for-profit event held outside an enclosed permanent Structure; except as provided for in Section
340.035 of this Code, or exempted by Section
430.440 of this Article.
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
425, Article
IV, Outdoor Displays, Sales and Storage of Merchandise.
3.
Public Attractions. Any public event intended primarily for entertainment or amusement such as carnivals, concerts, festivals, barbecues, events centered around Food Trucks, or picnics; except as exempted by Section
430.440 of this Article.
B. FOOD TRUCK: Shall have the meaning as defined in Section
605.190.
C. ADDITIONAL DEFINITIONS: Where not inconsistent with the language or intent herein, the additional definitions set forth in Section
400.030 are incorporated herein and shall apply.
[R.O. 2009 § 463.030; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A. The following events are exempt from the
terms and conditions of this Article:
1.
Any Non-Commercial Event that is
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's Municipal Code and any other requirements of the City regulating conduct in the Public Parks and recreation areas and are held under a permit authorized under Code Section
220.170.
4.
Yard sales as regulated by Section
250.020 of the City's Municipal Code.
5.
Any event held in a Residential Dwelling
Unit, 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.
[R.O. 2009 § 463.040; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A. The Director shall issue a permit for any
Special Event, as referenced herein, within any Zoning District, unless
otherwise provided for within this Article. This permit shall not
waive the requirement for any building permit, operating permit, Special
Use Permit, tent permit, Food Truck Permit, liquor license, St. Louis
County permit, 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 Property 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, Off-Street Parking Areas, and traffic circulation;
4.
Requirements for Screening, if applicable,
and guarantees for 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 are
conducted according to required Special Event standards and conditions
of approval.
[R.O. 2009 § 463.050; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A. Except as provided in Section
430.470(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 Article, shall be conducted wholly on private
property. The Special Event will be consistent with the intent of
this Article and will not impair the normal, safe, and effective operation
of a permanent use on the same Lot 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 as reasonably determined by the Director.
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
Areas 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 Areas used for the Special Event shall be constructed
of 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.
Off-Street Parking Area Dedicated
To Outdoor Special Events. No Drive Aisles may be utilized within
the Special Event area unless such Drive Aisles 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 Special
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) footcandle at any
Lot Line adjoining a Non-Residential District or greater than one-tenth
(0.1) at any Lot Line adjoining a Residential District or Lot with
a Residential Use.
10.
Site Location. No portion of the
Special Event shall be located within twenty-five (25) feet of a public
Street or fifteen (15) feet of any Side or Rear Lot Line adjoining
a Non-Residential District or within twenty-five (25) feet of any
side or fifty (50) feet of any Rear Lot Line adjoining a Residential
District or Lot with a Residential Use.
11.
Insurance Coverage. Proof of general
liability insurance coverage, in an amount required by the Director
based on the size and characteristics of the Special Event, shall
be provided to the Director.
12.
Signs. The Director shall review all Signs in connection with the issuance of the Special Event permit. All Signs shall be subject to Chapter
430, Article
IV, Signs.
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.
[R.O. 2009 § 463.0610; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
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 or equipment, the Applicant shall be required
to reimburse the City for the cost of those services or equipment,
if any. 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 Streets if not expressly exempt by this Article, the Special
Event permit application shall be submitted to the Board for consideration.
As a condition of approval for a Special Event on such 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 Special Event, the Lot shall be returned
to its previous condition (including the removal of any temporary
Structure, all litter, Signs, attention-attracting devices, or other
evidence of the Special Event and return 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 site at all times during the duration of the event.
[R.O. 2009 § 463.070; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A. Any person seeking the issuance of a Special
Events permit as herein required shall file an application with the
Director, on forms prescribed for this purpose by the Director, 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 the Special Event chairperson or
managing officer and who will be responsible for its conduct.
6.
Three (3) copies of a Site Plan showing
the layout of the Special Event, such as where interactive inflatable
equipment, games, Food Trucks, 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:
a.
How the inflatable will be tethered
to the ground.
b.
How power will be supplied to the
inflatable and the safety measures taken to protect the public from
being injured.
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.
[R.O. 2009 § 463.080; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
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.
[R.O. 2009 § 463.090; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
No Special Event permit issued under
the provisions of this Article shall be assigned or transferred to
any other person or business or transferred to another location.
[R.O. 2009 § 463.100; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
Because the intention of this Article
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 Special Event 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.