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Home My WebLink AboutOrdinance_01-20_4/9/2020 ORDINANCE 01-20 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. SECTION 78-561. SPECIAL EVENTS. BY AMENDING THIS SECTION TO PLACE RESPONSIBILITY FOR PROCESSING APPLICATIONS WITH THE BUILDING DEPARTMENT, TO REDUCE THE MANDATORY MINIMUM APPLICATION SUBMITTAL TIME FOR EVENTS THAT ARE INTENDED TO HAVE LESS THAN 200 ATTENDEES, AND TO GIVE THE VILLAGE MANAGER FINAL APPROVAL AUTHORITY IN THE APPROVAL PROCESS FOR SUCH APPLICATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta special even regulations currently require a 45-day minimum application period prior to the event; and WHEREAS, the Village Council of the Village of Tequesta desires to amend its special event regulations to allow a 20-day minimum application period for events intended to attract less than 200 attendees and to allow for village manager final approval of such applications, and also codify the responsibility for processing applications with the building department in conformance with current practice; and WHEREAS, the Village of Tequesta has held all required public hearings and provided proper notice of same in order to adopt these revisions to its zoning code; and WHEREAS, the Village Council believes these code revisions will be in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 78. Zoning, is hereby amended at Section 78-561 Special events, to reduce the mandatory minimum application submittal time for events that are intended to have less than 200 attendees, to place responsibility for processing applications with the building department, and to give the village manager final approval authority in the approval process for such applications; providing that section 78-561 shall hereafter read as follows: Sec. 78-561. - Special events. (a) Permit required. Any village resident, or any village business holding a current village business tax receipt pursuant to chapter 70, article II, is eligible to apply for and obtain a special event permit pursuant to this section. Any such resident or business that desires to conduct any type of special event within the village must obtain a permit from the village in order that the village may adequately provide for the potential impacts created by the proposed event. A maximum of four such permits shall be allowed per address or per business in any single calendar year. A special event that includes multiple addresses, for example within a shopping center, shall count as one event for each address captured by the special event permit. (b) Written application. Written application must be submitted to the village building department at least 46 relays pFier to the date for whish tho speGial eVent is proposed; which application shall contain the following information: (1) Type of event(s) proposed. (2) Sponsor or person(s) responsible for event. (3) Proposed location with property owner's written consent. (4) Proposed date, commencement time and duration of event. (5) Approximate number of participants. (6) Proof of insurance in amounts acceptable to the village for the type of event. (7) Expected traffic, fire-rescue, and utilities impact, if any, and proposed mitigation plans. (8) Copy of all required state and county permits if event will be held on or utilize state and/or county-controlled property. (9) A refundable deposit is required if the event is held on any village property. The amount of this deposit shall be set by resolution of the village council. (c) Deadlines to submit complete applications. In order to provide sufficient time for full administrative review and for final village council approval, complete applications for special events that contemplate attendance of 200 or more persons shall be submitted to the village building department a minimum of 45 days prior to the date for which the special event is proposed. Complete applications for special events that contemplate attendance of less than 200 persons. (which do not require final approval of the village council), should be submitted to the village building department a minimum of 20 days prior to the date for which the special event is proposed in order to provide sufficient time for full administrative review, and for final village manager approval. (d c) Minimum impact. All special events shall be coordinated with the village in order to lessen adverse impacts and to allow for continuous protection of the health, safety and welfare of all. In order to provide such protection, all applications for special events shall be reviewed and signed off by the police chief and the fire chief. In addition review and approval by other applicable departments may be required on a case by case basis. (e 4) Alcoholic beverage service. Notwithstanding anything contained in the Village of Tequesta Code of Ordinances to the contrary, alcoholic beverages are permitted at approved special events under the following conditions. The service of alcoholic beverages at any special event shall require, as a condition precedent, the issuance of the appropriate state alcoholic beverage permit, a copy of which must be provided to the village in conjunction with the special event permit application. All terms and conditions of any state issued permit shall be strictly adhered to by the applicant. In addition, the village may require, in its sole discretion, the use of physical barriers to define and contain the outdoor area within which alcoholic beverages may be consumed, and/or the use of security or off-duty law enforcement personnel at the special event. It is the applicant's responsibility to monitor for and prevent excessive as well as underage consumption of alcoholic beverages at all times. The applicant shall indemnify, defend and hold the village harmless from any and all damage to any real or personal property, and from any and all injury or death suffered by any person directly or indirectly related to the consumption of alcoholic beverages in conjunction with the special event. (f e) Final action. (1) After review by, and with the recommendations of the building department director}and the police chief, the fire chief, and other applicable departments on a case by case basis the village manager shall approve the application, deny the application in whole or in part; or approve the application with conditions. Such action shall be taken within ten business days from the submittal of a complete special event application, or the application shall automatically be deemed approved. (2) If the application is denied, the applicant may request an appeal to the village council. Such request must be made in writing to the village manager within ten days of the denial, and shall be considered by the village council at its next scheduled meeting. (3) Any proposed special event whose attendance is contemplated to exceed 200 people in total shall also require final approval by the village council which, after considering the recommendations of the , the .-,OI!Ge nhief and the village manager, may approve the application, deny the application in whole or in part; or approve the application with conditions. (4) Denial of a special event permit application, or the imposition of certain conditions by either the village manager or the village council may be based, among other reasons and at the sole discretion of the village, upon violations of the terms and conditions of a previously approved special event permit for the same address. (tq f) Nonprofit enterprises. (1) The village may issue non-profit permits to any person or organization for the conduct or operation of occasional sales and/or fundraising projects held by nonprofit enterprises, either regularly or temporarily, when the applicant signs an affidavit that the applicant operates without private profit, for a civic, public, charitable, youth, service, educational, literary, fraternal, or religious purpose. (2) A person making application under this section must comply with all rules and procedures for the granting of special event permits as set forth in this section. All persons operating under a non-profit permit shall operate their nonprofit enterprise in compliance with this section and all other rules and regulations of the village. (3) Any person signing a false affidavit pursuant to this section shall be subject to a $250.00 fine for a first offense and a $500.00 fine for a repeat offense, or may be cited to the village code enforcement special magistrate. {h g) Definition. For purposes of this section, a "special event" is any outdoor activity, gathering or group of persons, vehicles or both, organized and having a common purpose, upon public or private property, which is likely to inhibit the usual flow of vehicular or pedestrian traffic, which is likely to creates noise in excess of that typically associated with the areas upon which the event is to occur, or which is likely to preempt or restrict use of property typically accessible by the general public. Examples of special events include, but are not limited to block parties, parades, races or walks, grand opening events, charity fundraisers, and other similar events not specifically permitted by the village's zoning ordinance. (i h) Village sponsored events. Special events that are sponsored by the village and held on village property shall be exempt from the provisions of this section. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. r; ORDINANCE Date 01-20 4-09-2020 Upon Second Reading Motion Council Member Frank D'Ambra Second Vice-Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Abigail Brennanx❑ ❑ ❑ ❑ Vice-Mayor Kyle Stone ❑x ❑ ❑ ❑ Council Member Laurie Brandon ❑x ❑ ❑ ❑ Council Member Frank D'Ambrax❑ ❑ ❑ ❑ Council Member Bruce Prince ❑x ❑ ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: "4biga' en an ATTEST: ` '•.INCORPORATED;' Lori McWilliams, MMC Village Clerk ",,,,,0�F�O,,,,