Hyde Park City Zoning Code
§ 108-28.1
Use standards.
A rural event venue must demonstrate compliance with the following standards in addition to the special use standards set forth in § 108-8.4A of the Zoning Law and site plan standards set forth in § 108-9.5:
A.
The rural event venue shall be located on a site with a minimum of 20 acres. The rural event venue shall be only located in an event structure as that term is defined in § 108-2.2 and shall be accessory to a principal use otherwise allowed in the applicable zoning district. Rural event venues shall utilize the principal or accessory buildings on the site. A rural event venue shall not be established as a separate stand-alone use. The creation of any additional principal use or expansion of the existing principal use which requires a site plan and/or special use permit application shall also require that the special use permit for a rural event venue approved on the same property be resubmitted to the Planning Board for review and reapproval. The Planning Board at that time shall determine what additional information may be needed as part of said review.
B.
The site of the rural event venue shall have at least two means of egress, at least one of which is adequate for emergency vehicles, as determined by the Planning Board in consultation with emergency responders based on its width, length, surface, and ability to support the gross vehicle axle weight of emergency vehicles.
C.
The maximum number of attendees at a rural event venue shall be 300, exclusive of employees, caterers, and similar support personnel. The Planning Board, in its discretion, may lower the maximum number of attendees for an event venue, or establish a maximum total number of events, based on its review of the application, adjoining land uses, location of the event venue in a neighborhood generally and on the property specifically, and other standards set forth herein. The Planning Board shall establish the maximum number of events permitted in any calendar year as part of the special use permit and site plan approval, which events shall not exceed 12 per calendar year, except the Planning Board, in its discretion, may allow up to 24 events per calendar year. In determining the number of events that shall be allowed, the Planning Board shall consider the following:
(1)
The site can accommodate the capacity and frequency of the events without impacts to the community character, privacy of adjoiners, ambient noise levels, traffic patterns, and other characteristics of the neighborhood.
(2)
Activities will be accommodated within indoor building space, especially those that generate significant noise, such as amplified sounds from bands.
(3)
The streets giving access thereto can readily accommodate traffic that will occur on a regular basis and will not result in any queuing of vehicles on the road or present a nuisance to motorists accessing properties along the same or adjacent roads.
(4)
The events will not be of such a scale or at a frequency to require the use of local security/law enforcement.
(5)
Septic generation and water supply demand can be accommodated.
(6)
The impact of the event venue on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general shall be de minimis.
(7)
The number of rural event venues shall not require or result in the installation of tents, portable restrooms, and restroom trailers for longer than one week, or more than two events, whichever involves a lesser time period, unless the Planning Board makes a finding that the installation of said facilities for a longer time period will not result in any detrimental sanitary conditions and meets all applicable regulations.
(8)
Whether the owner/operator has violated a previously issued special use permit for an event venue.
(9)
Any other findings related to the health, safety, and welfare of the general public.
(10)
The rural event venue meets the Uniform Fire Code where applicable.
D.
The applicant shall demonstrate that all required parking can be accommodated on-site. This requirement shall not preclude a rural event venue from utilizing shuttle buses or other methods of guest transportation.
E.
All events shall be provided with adequate potable water and sanitary system as determined by the Planning Board Engineer and/or the Department of Health.
F.
No parking areas, structures, gathering locations, or other facilities or structures being used in connection with the rural event venue, other than a driveway(s), shall be located within 100 feet of any property line. The Planning Board shall require appropriate buffers between the rural event venue and adjoining properties, given the size of parcel, the natural topography, and vegetative cover.
G.
Seating for events may occur outdoors, under a fabric structure temporarily constructed on the property, or in an event barn meeting the standards in § 108-28.2 below. The use of fabric structures such as tents shall be allowed accessory to the event structure associated with the principal use of the property. Nothing herein shall allow the establishment of a rural event venue that solely utilizes fabric structures.
H.
Locations for proposed temporary fabric structures must be included on the site plan. All buildings and structures, including fabric structures, to be used as part of the rural event venue shall, where required, obtain a certificate of occupancy for their intended uses, including an event structure meeting the standards in § 108-28.2 below.
I.
The Planning Board, in granting special use permit and site plan approval, shall determine the permitted hours of operation of a rural event venue. Events shall commence no earlier than 10:00 a.m. and shall terminate no later than 10:00 p.m. on Sundays through Thursdays and no later than 12:00 midnight on Fridays and Saturdays. No single event shall have a duration longer than 48 hours. However, the Planning Board shall have the power to modify the commencement and termination times for a particular site in accordance with § 108-28.3A(4) based upon the specifics of the application before it, provided the modifications do not impact the health, safety and welfare of the neighborhood and the surrounding community. For purposes of this section, "termination" shall mean the termination of food, drinks, service, and entertainment, with the understanding that attendees and servers will need a reasonable amount of time after termination to exit the premises. An event management plan shall be prepared and submitted to the Planning Board for review as part of the special use permit and site plan application. The plan shall include provisions for traffic and parking management, hours of operation, noise abatement, sanitary facilities and maximum number of guests. The plan shall also include a list of contacts for specific distress or emergency situations to be used by the guests which shall be provided for each event, and the legal name and address of an emergency contact person at the site shall be provided. The Planning Board may, in its discretion, require that events provide for adequate on-site ambulance coverage. The event management plan shall be incorporated into the special use permit and site plan approval.
J.
The application, site plan and event management plan shall be referred by the Planning Board to the appropriate fire district, fire department or other fire and safety provider for comment and recommendations with regard to fire and safety issues associated with the operation of the rural venue and the use of an event barn, if proposed. The application may also be referred to the applicable highway department and Hyde Park Police Department at the discretion of the Planning Board.