[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
The purpose of this Chapter is to define, establish procedures
and provide basic standards for special events.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
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:
1.
Non-Commercial Events. Any fundraising and/or not-for-profit event held outside an enclosed permanent structure; except as exempted by Section 255.030 of this Chapter.
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.
3.
Public Attractions. Any public event intended primarily for entertainment or amusement such as carnivals, concerts, festivals, barbeques or picnics; except as exempted by Section 255.030 of this Chapter.
4.
Holiday Decorations Sales. Any commercial event held outside an enclosed
permanent structure dedicated to the display and sale of holiday decorations
including Christmas trees.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021; Ord. No. 2022-13, 9-12-2022]
A.
The
following events are exempt from the terms and conditions of this
Chapter:
1.
(Reserved)
2.
Any event sponsored by the City.
4.
Any event held at a private dwelling, including, but not limited
to, private gatherings, open houses, weddings, showers and wakes.
5.
Any event held within a public park, provided that the event complies with all provisions of the City of Overland Municipal Code and any other requirements of the City regulating conduct in the parks and recreation areas and are held under a permit authorized under Section 250.050.
6.
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
A.
The
Office of the City Administrator is authorized 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
City Administrator, or, if applicable, the City Council 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.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
A.
The
Office of the City Administrator is authorized to 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. 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. Exceptions to these hours require approval by
the City Council.
3.
Duration. The duration of a special event will not exceed five (5)
consecutive days.
4.
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.
5.
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 City staff. All off-street parking that
utilizes any property not owned by the applicant, shall require written
authorization of the property owner(s) with said written authorization
being submitted to the City as part of the application requirement.
6.
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 City staff to provide proper circulation
through the lot.
7.
Public Safety, Conveniences, And Litter Control. Where applicable,
adequate on-site rest room facilities and solid waste containers have
been provided, as per City Building Code requirements. The applicant
shall calculate the demand for such facilities and specify how the
need will be addressed.
8.
Appearances And Nuisances. The event shall not generate excessive
noise, dust, smoke, glare, spillover lighting or other forms of environmental
or visual pollution.
9.
Insurance Coverage. Proof of general liability insurance coverage
in an amount specified on the permit application 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 an additional insured.
11.
Business License. The applicant is an existing licensed business,
in good standing, within the City.
12.
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. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
A.
City
Services. If the applicant requests the City to provide extraordinary
services or equipment or if City staff 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. By 9:00 A.M. the morning following 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). Any exceptions to this requirement require the approval
of the City Council.
C.
Permit
To Be Displayed Or Made Available. The applicant shall post or otherwise
display a valid special event permit and/or license from the City
on the premises at all times during the duration of the event.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
A.
Only
the owner/manager of an existing licensed business or institutional
user on the premises may apply for and be issued a special event permit.
B.
Any
person seeking the issuance of a special events permit as herein required
shall file an application with the Office of the City Administrator,
on forms provided by the City, no less than seven (7) days prior to
the event. The application shall set forth the following information:
1.
Name, mailing address, telephone number and email address of the
person or organization seeking to conduct the special event.
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 person who will be
special event chairperson or managing officer and who will be responsible
for its conduct.
6.
Written authorization of any property owner upon with off-street
parking or any other service(s) related to the special event will
be located.
7.
A site plan showing the layout of the event, denoting the location
of, but no limited to the following:
a.
Area of parking lot and/or property dedicated to the special event.
b.
Location of proposed off-street parking.
c.
Location of portable restroom facilities and solid waste containers
if applicable.
d.
Location of interactive inflatable equipment, games, food tables,
tents, etc., to be placed on the property, if applicable.
e.
Location of temporary signage related to the special event.
f.
Any additional information required by the City.
8.
Any additional information or approvals that City staff shall find
reasonably necessary to determine whether a permit should be issued.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
A.
The
City Administrator shall review and is authorized to approve certain
special events provided they meet the following requirements:
1.
The event is requested by an existing licensed business within the
City and is located on its business property and does not require
the closure of public streets.
3.
The duration of the event will not exceed three (3) days.
4.
The event will not require the issuance of a liquor license or firearms
permit.
5.
The maximum frequency of the same special event at the same address
shall be less than three (3) times per calendar year.
B.
All
other applications for special permits that are not eligible to be
approved by the City Administrator shall be submitted to the City
Council for consideration of approval. The City Administrator has
the authority to defer any permit application directly to the City
Council.
C.
If
a special event permit application is denied by the City Administrator,
the applicant has the right to appeal the application to the City
Council.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
There will be no fee for the processing of a special event permit.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
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. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
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.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
A.
The
Office of the City Administrator is authorized to revoke any permit
issued pursuant to this Chapter if he/she finds that:
1.
The conduct of any special event that is at any time presenting a
threat to the health, safety or welfare of the inhabitants of, or
visitors to, the City.
2.
The permittee has knowingly violated one (1) or more provisions of
this Chapter.
3.
The permittee has made any material misstatement in his/her application.
[Ord. No. 2021-14, 8-9-2021; Ord. No. 2021-23, 10-25-2021]
Any person who shall violate any provision of this Chapter shall be deemed guilty of an ordinance violation and shall, upon conviction, be punished as provided in Section 100.150 of this Code.
