8.      SPECIAL EVENT PERMITS

8.1. Deciding Body: Zoning administrator.

8.2. Definition: A special event is any commercial activity to take place within a defined area, including but not limited to a performance, meeting, assembly, contest or competition lasting seven calendar days or less in duration. A special event is a one-time occurrence.

8.3. Exemptions: Special event permits will not be required for activities involving:

• the Boundary County Fair or fairgrounds

• schools, churches (on School/church property)family reunions, weddings or funeralsevents in which all activities except parking take place within an existing building or structurefor events associated with the conduct of business at a previously permitted (and still permitted) commercial enterprise, or for

• events in response to public emergencies or disasters.

8.4. Purpose: A special event permit is required so as to provide for the public safety and the safety of attendees and to ensure that activities will be conducted so as to place minimal adverse impact on surrounding properties.

8.5. Duration of Permit: Where a special event permit is granted, it will remain in effect for the duration of that event as specified by application.

8.6. Special Event Review: If concerns arise regarding public safety issues, County Commissioners may review, revise or revoke a special event permit.

8.7. Applicability: When a special event is proposed in any zone district, a special event application shall be submitted at least 45 days prior to the start date of the event. Upon approval, the special event permit, and any terms or conditions established, will become the controlling plan for the conduct of the event for its duration, and may not be changed or expanded without action by the Zoning Administrator.

8.8. Penalties for Violation:

8.8.1 Failure to obtain a special event permit prior to establishing a use for which one is required will constitute a misdemeanor pursuant to Section 4.1.3.5.

8.8.2 Failure to comply with a special event permit will constitute an infraction pursuant to Section 4.1.1.5.

If the property owner is found guilty of more than two infractions of the same kind then the charge will increase to a misdemeanor.

8.9.       Administration:

8.9.1.  Applicant: It is the responsibility of the applicant, on forms provided by the administrator, to provide at the time application is made sufficient information, detail, data and documentation so as to demonstrate to the planning and zoning commission that the proposed special event meets applicable provisions of this ordinance and can be carried out without undue adverse impact on surrounding properties or uses and without imposing unfair burden on the taxpayers of Boundary County. In order to allow time for processing, the completed application shall be turned in to the administrator at least 45 days prior to the event.

8.9.1.1.        Administrator: Upon receipt of a completed special event permit application and applicable fee, the administrator will provide copies of the application to all affected county departments to include, at minimum, adjoining property owners, ambulance service, associated fire district or association, the sheriff’s office and road and bridge, for review and comment, allowing not less than 7 consecutive days during which written comments and recommendations, if any, are to be returned.

8.10.                    Considerations: When considering a special event application, the zoning administrator should determine, at minimum:

8.10.1.  Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

8.10.2.  Whether the proposed use conforms to all applicable standards established by this ordinance.

8.10.3.  Whether there is sufficient land area to accommodate the proposed use and whether the event is so arranged and conducted so as to minimize adverse effects on surrounding properties and uses.

8.10.4.  Whether concerns raised by other departments, agencies or public service providers, including but not limited to law enforcement, road and bridge, water, sewage disposal, electricity, fire protection and emergency medical, can be adequately addressed and resolved.

8.10.5.  Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms and conditions could be imposed adequate to mitigate those effects.

8.10.6.  Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed event.

8.10.7.  The comments and recommendations submitted by affected county departments.

8.11.                     Terms and Conditions: In considering approval of an application to establish a special event, the administrator may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety, provided such terms and conditions address conditions specific to the use proposed so as not to constitute a taking of property rights. Such terms and conditions may, but are not limited to:

8.11.1.  Control the sequence and timing of development.

8.11.2.  Establish or limit hours of operation.

8.11.3.  Establish limits on the timing and/or duration of potentially disruptive activities.

8.11.4.  Require the installation of public services or utilities as recommended by providers.

8.11.5.  Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

8.11.6.  Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

8.11.7.  Require specific security measures, such as security staff, fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

8.11.8.   Require proof of compliance with other county, state or federal regulations.

8.12.     Enforcement: In considering the terms and conditions imposed by this permit, it is the responsibility of the administrator to respond to formal complaints received and, consistent with Section 4.3., to attempt to bring about voluntary compliance. See also 4.7.

8.13.     Decision: Based on the findings developed, the administrator may:

8.13.1.   Approve: Approve the application, issuing the applicant a special event permit, to include terms conditions established for the approval of the permit. The adminiatrator shall also provide the Boundary County Commissioners with a Staff Report and all accompnaying documentation.

8.13.2.  Disapprove: Disapprove the application for cause, establishing findings sufficient to support the decision. The applicant will be provided a copy of those findings and advised of rights to appeal.

8.13.3.  Defer Decision Authority: The administrator may defer decision authority, forwarding to county commissioners a written recommendation or synopsis of issues when:

8.13.3.1.         It is decided by the administrator that a guarantee of installation agreement pursuant to Section 5 is necessary as a condition of approval; or

8.13.3.2.         When the scope of the application or controversy generated is such that the administrator determines that decision authority should rest with the board of county commissioners.

8.13.4.  When decision authority is deferred to the board of county commissioners, the administrator will schedule public hearing before that body, pursuant to Section 19.