§ 82-44.410. Conditions.

(a)

The zoning administrator may condition the issuance of a temporary events permit by imposing any of the following requirements concerning the time, place, and manner of the event. The zoning administrator may consult with public works, fire, and law enforcement officials and may impose time, place, and manner conditions that are requested by those officials, provided the requested conditions are among the conditions specified below. No conditions other than those specified below may be placed on a permit. Conditions may not restrict expressive activity or the content of speech.

(1)

Alteration of the date, time, route or location of the event proposed on the application.

(2)

Conditions concerning accommodation of pedestrian or vehicular traffic.

(3)

Conditions concerning parking, including but not limited to requirements for the use of shuttles from parking areas to the venue.

(4)

Conditions concerning traffic control, including but not limited to requirements for the use of traffic cones or barricades.

(5)

Requirements for provision of on-site restrooms.

(6)

Requirements for use of security responsible for crowed control, fire watch, general security, and evacuation of occupants.

(7)

Conditions concerning maximum occupancy, based on the size of the venue and for purposes of minimizing impacts on traffic and parking. In imposing conditions concerning maximum occupancy, the zoning administrator may consider the lot size of the event venue, proximity of surrounding residences, density of the underlying zoning district, and the location and size of any buildings between the venue and surrounding properties.

(8)

Restrictions on the number and type of structures at the event, and inspection and approval of structures.

(9)

Compliance with animal protection ordinances and laws.

(10)

Requirements for use of garbage containers and cleanup.

(11)

Conditions limiting the duration of time and hours of the event (including the time to prepare and clean up the venue) in order to minimize impacts on traffic and parking.

(12)

Time, place, and manner restrictions on the use of amplified sound. The use of amplified sound is prohibited in a residential district unless allowed as a condition of a temporary event permit.

(b)

When a temporary event permit is granted for any event in a residential zoning district or at a residence in any other zoning district, it is granted subject to the following conditions:

(1)

The event shall not generate or emit any noise or sound that exceeds any of the levels specified in the table below measured at the exterior of any dwelling unit located on another residential property. The noise generated or emitted shall not exceed the levels specified in the table for the duration of time specified in the table. Exterior noise levels shall be measured with a sound level meter. The permit shall incorporate the applicable "allowable exterior noise levels" specified in the table into the permit conditions only for the duration of time allowed for the event by the permit. For example, if the permit provides that an event shall end by seven p.m., the "allowable exterior noise levels" allowed between nine a.m. and eight p.m. shall be incorporated into the conditions, but the event must end by seven p.m.

Allowable Exterior Noise Levels

Cumulative Duration of Noise	9 a.m. - 8 p.m.	8 p.m. - 10 p.m.
30 minutes per hour	60 dBA	55 dBA
15 minutes per hour	65 dBA	60 dBA
5 minutes per hour	70 dBA	65 dBA
1 minute per hour	75 dBA	70 dBA
Level not to be exceeded at any time	80 dBA	75 dBA

 

(2)

Amplified sound is prohibited after eight p.m. Sundays through Thursdays and after ten p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow the use of amplified sound after these hours.

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