§ 82-44.408. Application and review.

(a)

Any person, entity, business, or group wishing to hold, sponsor, conduct, operate or maintain a temporary event shall submit a completed temporary event permit application to the department of conservation and development. The application form shall be signed and verified by the applicant, if an individual; a general partner authorized to sign on behalf of a partnership; an officer or director authorized to sign on behalf of a corporation; or a participant authorized to sign on behalf of a joint venture or association. The applicant must be a qualified applicant pursuant to Section 26-2.1604.

(b)

An application is not complete unless it includes all of the following information:

(1)

The name, address, and telephone number of the applicant and an alternate contact person.

(2)

If the event is proposed to be a commercial event, the name, address and telephone number of the organization, and the authorized head of the organization. If the event is sponsored by or intended to benefit a non-profit organization, certification that the organization is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. The purpose of this requirement is to ensure that commercial events are not held in residential zoning districts or at residences in any other zoning district. The name of the non-profit organization is not required to be indicated on the permit application. For a period of ninety days following the event, the applicant must retain records indicating the name of the organization that the event is sponsored by or intended to benefit.

(3)

The name, address and telephone number of the person who will be present and in charge of the event on the day of the event.

(4)

The type of event (e.g., a concert or arts and crafts show).

(5)

Date and estimated starting and ending time of the event, including the time required to prepare and clean up the venue.

(6)

Location of the event, including its street address and assessor's parcel number.

(7)

Estimated number of attendees or participants at the event.

(8)

The type and estimated number of vehicles and structures that will be used at the event, if any.

(9)

Description of any sound amplification equipment that is proposed for use at the event.

(10)

Whether any food will be served or sold at the event and, if applicable, the time and manner in which caterers and catering trucks will be used.

(11)

Whether any beverages, including alcoholic beverages, will be served or sold at the event, and whether any such sales will be wholesale or retail.

(12)

Whether security will be employed at the event.

(13)

Parking, traffic control, and crowd control measures proposed for the event.

(14)

The number and type of events held at the venue in the preceding twenty-four months.

(15)

A site plan showing the size and location of property lines, sidewalks, streets, and improvements on adjacent properties, clearly labeled and drawn to scale.

(16)

The time and acts required to prepare the venue for the event and the time and acts required following the event to clean up and restore the regular use of the property or venue.

(17)

The type and location of on-site restrooms.

(c)

An application must be submitted at least forty-five days before the proposed event. The department of conservation and development will have five calendar days to determine whether an application is complete. If the application is incomplete, the applicant will be notified and will have five days from the date of notification to provide all of the information required for a complete application. The zoning administrator will have ten days after submission of a complete application to decide on the application. The zoning administrator shall approve a complete permit application and issue a permit unless one or more grounds for denial exists.

(d)

No event permit application shall be denied on any grounds except for any of the following:

(1)

Information contained in the application is found to be false in any material detail.

(2)

The applicant fails to timely file the application form or fails to complete and submit the application form within five calendar days after having been notified of the additional information or documents required for a complete application.

(3)

A violation of any term or condition of a temporary event permit previously issued within the preceding twenty-four months to the applicant or for the private property venue.

(4)

Another temporary event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion.

(5)

The time, route, characteristics, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.

(6)

The concentration of persons, animals, or vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire, or ambulance services to the venue and areas contiguous to the event.

(7)

The location of the event will substantially interfere with a previously granted encroachment permit or with any previously scheduled construction or maintenance work scheduled to take place upon or along county streets.

(8)

The proposed event is not allowed under the terms of a previously issued county land use permit.

(9)

A temporary event permit previously issued within the preceding twenty-four months to the applicant or for the specific private property venue was revoked.

(10)

Failure to pay an outstanding fine owed for an event previously held at the venue or owed by the applicant for any event held at any location.

(11)

When the grounds for denial of an application for permit specified in subsections (4) through (7), above, can be mitigated by altering the date, time, duration, size, route, or location of the event, the zoning administrator shall conditionally approve the application upon the applicant's acceptance of conditions for permit issuance instead of denying the application. If the grounds for denial cannot be mitigated by imposing conditions, the permit will be denied.

(e)

If the zoning administrator issues a permit, notice of the permit issuance and permit conditions will be mailed to all properties within three hundred feet of the event venue.

(f)

The zoning administrator's decision on the issuance of a permit may be appealed to the conservation and development director. The applicant may appeal the denial of a permit and may appeal any conditions imposed on a permit. Any person affected by any time, place, or manner conditions imposed on a permit may appeal only the permit conditions. Any person other than the applicant who appeals any time, place, or manner conditions must specify which conditions are being appealed. An appeal must be in writing, must be filed within five days of the zoning administrator's decision on the permit, and must include an appeal fee. An appeal hearing will be scheduled before the conservation and development director. The director's decision will be made at least ten days before the date of the proposed event. The director's decision following an appeal hearing is final for purposes of exhaustion of administrative remedies.

(g)

An application may be submitted less than forty-five days before the proposed event if the proposed event is a response to a current occurrence whose timing did not allow the applicant to file a timely application. An application submitted under this section must specify the date of the occurrence to which the proposed event is responding. If a complete application is filed less than forty-five days before the proposed event, the zoning administrator shall issue a decision as soon as reasonably practicable. Any appeal must be filed within three days of the zoning administrator's decision. The conservation and development director's decision on the appeal will be made at least five days before the date of the proposed event.

(h)

Exemption.

(1)

No temporary event permit is required for an event held at a venue in a residential zoning district if:

(A)

Three or fewer events are held at the venue within a twelve-month period; and

(B)

For properties forty thousand square feet or greater in size, two hundred or fewer total people will be present at the event; and

(C)

For properties less than forty thousand square feet in size, one hundred twenty-five or fewer total people total will be present at the event.

(2)

An event at a residence that is exempt under this subsection (h) from the requirement to obtain a temporary event permit must comply with the following standards and requirements:

(A)

The sound levels at the event cannot exceed the levels specified in subsection (b)(1) of section 82-44.410.

(B)

On-site restrooms must be provided at the event.

(C)

Dedicated remote parking for the event sufficient to accommodate attendees must be available if the adjacent streets do not have a graded or paved eight-foot-wide should for parking, and if parking for all attendees is unable to occur on-site.

(D)

At least ten days before the event, the property owner must inform the department of conservation and development in writing of the time, date, and location of the event.

(E)

At least ten days before the event, the property owner must send a notice to all property occupants within two hundred feet of the event venue of the time, date, and location of the event.

(3)

The exemption under this subsection (h) does not apply if:

(A)

Four or more events are held at a venue in a residential district in a twelve-month period.

(B)

One of the standards or requirements specified in subsection (h)(2) was violated at a previous event within the previous twelve months.

(C)

More than two hundred people will be at an event in a residential district if the property is forty thousand square feet or more in size.

(D)

More than one hundred twenty-five people will be at an event in a residential district if the property is less than forty thousand square feet in size.

(Ord. No. 2010-11, § IV, 7-13-10; Ord. 2005-25 § 2).