Manchester City Zoning Code
ARTICLE XIX
Supplementary Regulations - Special Events
Section 405.850 Purpose.
[Ord. No. 22-2367, 9-19-2022[1]]
The purpose of this Article is to define, establish procedures, and provide basic standards for special events.
Section 405.860 Special Events Defined.
[Ord. No. 22-2367, 9-19-2022]
A. SPECIAL EVENT1. 2. 3.
As used in this Article, the following term shall mean:
A temporary use of property or structures for one (1) or more of the following types of activities:
NON-COMMERCIAL EVENTSAny fund-raising and/or not-for-profit event held outside an enclosed permanent structure; including, but not limited to, toy drives, car washes, or organized physical activities which require the closure of roadways or sidewalks and/or includes a food truck, mobile business, mechanical amusement devices, or mechanical game equipment.
COMMERCIAL EVENTSAny 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, sidewalk sales, arts and craft sales, trade shows, or product demonstrations.
PUBLIC ATTRACTIONSAny public event intended primarily for entertainment or amusement such as carnivals, concerts, festivals, barbecues, block parties, parades, or picnics; except as exempted by Section 405.870 of this Article.
Section 405.870 Exemptions.
[Ord. No. 22-2367, 9-19-2022]
A.
The following events are exempt from the terms and conditions of this Article:
1.
Any non-commercial or public attraction event, including, but not limited to, barbecues, picnics, car washes, or baked good sales in which no road closure, food truck, mobile business, mechanical amusement devices, 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 relevant Fire District and City of Manchester Police Department.
2.
Any event held or sponsored 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 235.190.
5.
Any non-commercial event held in a residential dwelling or inside a clubhouse associated with a residential subdivision or apartment complex, including, but not limited to, private gatherings, open houses, weddings, showers, and wakes.
For the purposes of this Section, a "clubhouse" shall mean a building owned in common by a residential subdivision or apartment complex that is designed and maintained for the exclusive use by the residents and their guests of said subdivision or apartment complex. |
6.
Persons acting pursuant to an order or process of a court of competent jurisdiction.
Section 405.880 Authorization.
[Ord. No. 22-2367, 9-19-2022]
A.
The Director of Planning, Zoning and Economic Development ("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, liquor license, St. Louis County permit, food truck permit, or other permit or license required by law for the proposed activity, facility, or use associated with the special event. Additionally, the Director 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.
Proof of general liability insurance coverage in an amount based on the size and characteristics of the special event;
4.
Temporary arrangements for on-site rest room facilities, off-street parking areas, and traffic circulation;
5.
Requirements for sound and screening, if applicable, and guarantees for restoration and cleanup following the special event. The Director 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.
Section 405.890 Standards For Special Event Permits.
[Ord. No. 22-2367, 9-19-2022]
A.
Except as otherwise provided in this Article, 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 with written permission of the property owner. If a road closure is approved, then the special event may take place on the specific portion of said roadway within the prescribed dates and times. 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. Unless otherwise provided within this Article, the duration of special event will not exceed seven (7) consecutive days.
4.
Frequency. Unless otherwise provided within this Article, 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.
8.
Public Safety, Conveniences, And Litter Control. Where applicable, adequate on-site restroom facilities and solid waste containers shall be 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 be arranged so as not cast light directly from any source of illumination on any street or on adjacent lots in a residential district or lot with a residential use.
10.
Restoration Of Site. Within forty-eight (48) hours of the cessation of the special event, the lot shall be returned to its previous condition (including 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.)
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.
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.
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.
Section 405.900 Application Requirements.
[Ord. No. 22-2367, 9-19-2022]
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 fourteen (14) 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, email, 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.
Two (2) copies of a site plan showing the layout of the special event, such as games, food trucks, mobile business, tents, signs, etc., will be placed on the property.
6.
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.
7.
If a public street, sidewalk or right-of-way is to be closed with the special event, the street name, specific location along the street, date and time of closure shall be included on the special use permit application for review and approval by the Manchester Police and Public Works Department prior to the issuance of a special event permit.
Section 405.910 Notice To Other Officials.
[Ord. No. 22-2367, 9-19-2022]
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, Director of Parks and Recreation, relevant Fire Protection District, Manchester Police Department, and any other entity deemed appropriate by the Director.
Section 405.920 Prohibition Of Transfer Of Permits.
[Ord. No. 22-2367, 9-19-2022]
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.
Section 405.930 No Vested Right Created.
[Ord. No. 22-2367, 9-19-2022]
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.