(A) Purpose and Intent
The purpose for this section is to establish permit requirements, allowable time frames, and submittal requirements for four (4) recognized types of events.
These provisions are intended to address potential significant negative impacts to public or private properties from events or event-related activities, not to prevent such activities from occurring or to unduly restrict private events.
(B) Types of Events
(1) Town-Recognized Event
A Town-recognized event is one that is in part or wholly sponsored by the Town, recognized by the Town, or proclaimed as a Town-recognized event by the Town Council. Such events shall include only those events listed on the Town-recognized event List as maintained by the Town Clerk. The Town-recognized event List may be amended as needed by the Town Council.
(2) Not-For-Profit Event
A not-for-profit event is any event that is requested by, or held for, a recognized non-profit organization or other charitable organization, with at least fifty-one (51) percent of the revenue derived from the event intended for a not- for-profit entity or for its programs.
(3) Special Event
Special events are any organized event, specifically including, but not limited to: a temporary sales event accessory to a principal use, or a circus, carnival, cultural event, fair, celebration, communal camping, ground-breaking, grand opening, religious service, musical or other show, which reasonably may be expected to attract one hundred (100) or more persons, but which do not meet the criteria of a Town-recognized event or a not-for-profit event.
(4) Private Event
Private events are any organized event which is not open to members of the general public, typically has a duration of less than twelve (12) hours, and which is not expected to have significant negative impacts on surrounding properties. Examples of such events include, but are not limited to wedding ceremonies, funerals, private parties or other similar gatherings.
(C) Permit Required
(1) No special event or not-for-profit event, as specified above shall be permitted unless a temporary use permit has first been obtained in accordance with this section and the procedures of Section 3.7, unless otherwise specified in this section.
(2) Any application to hold a special event or not-for-profit event shall be made in advance of the event.
(3) A permit to hold a special event or not-for-profit event issued to one (1) person or organization shall permit any person to engage in any lawful activity in connection with the holding of the permitted assembly.
(D) No Permit Required
(1) The following types of events do not need to obtain temporary use permits, but may be subject to the maximum allowable time frames, and specific regulations as listed in Table 5.4-1 above:
(a) Athletic events held at approved sports facilities.
(b) Temporary not-for-profit car washes held on developed sites.
(c) Garage and/or yard sales.
(d) Block parties occurring entirely upon the grounds of a private residence or common area of a multi-family residential development.
(e) Other events with ninety-nine (99) people or fewer in attendance.
(f) Private events.
(2) Events that occur or take place entirely within the boundaries of a parcel or parcels that possess development plan approval for such activities (e.g., assembly halls, convention centers, amphitheaters, or event centers).
(3) Events taking place on county-owned park property.
(E) Term of Approval/Permit
Table 5.4-1 lists the maximum allowable time frame for all allowable events. The Planning Director may extend the consecutive-day limit or the annual limit upon approval of a written request for such an extension, for good cause shown.
(F) Additional Planning Requirements
In addition to meeting the general standards of Section 5.4.5, all not-for-profit and special events shall also meet the planning requirements set forth below. The Planning Director shall be responsible for determining the adequacy of submitted plans.
(1) An adequate plan for security and safety shall be implemented on and around the site of the event, including sufficient staffing, provision for pedestrian safety, restroom facilities (if necessary), and traffic routing.
(2) An adequate plan for public health, safety, and welfare on, around, and outside the site of the event shall be implemented, including a showing that the event will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided throughout the Town and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.
(G) Submittal Requirements
All applications for special and not-for-profit events shall include such information and supporting materials as are required by the Planning Director, including, but not necessarily limited to, the following:
(1) A description of the proposed event, including the event's starting date and time, the event's ending date and time, the date and time preparatory activities will commence, and the date and time of completed post-event clean-up.
(2) The location of the property(ies) upon which the proposed event will take place.
(3) A security plan, if requested.
(4) A parking plan.
(6) Evidence of the non-profit status of an applicant or event beneficiary if not-for-profit event status is being requested, as well as a signed affidavit from the event sponsor indicating that at least fifty-one (51) percent of the revenue generated by the event is intended for a recognized 501(c)(3) or 426(c)(3) organization.
(7) A statement as to whether the applicant has requested the Town Manager to apply the provisions of Chapter 6, Article II of the Code of Ordinances during the event. If the applicant desires to have the provisions of Chapter 6, Article II apply, the applicant shall also provide evidence that all reasonable attempts will be made to notify the public that animals will not be permitted within the boundaries of the event. Public notification shall include notice in all advertisements and the posting of notices on the property immediately before and during the event. All such notices shall state that animals are prohibited and shall refer to Chapter 6, Article II of the Cary Code of Ordinances.
(8) A statement as to whether the applicant has requested the Town Manager to apply the provisions of Section 24-18(e) of the Code of Ordinances during the event prohibiting the sale, use, and possession of fireworks type items that might otherwise be permitted pursuant to G.S. 14-414 ("non-exploding fireworks"). If the applicant desires to have the provisions of Section 24-18(e) apply, the applicant shall also provide evidence that all reasonable attempts will be made by the applicant to notify the public that non-exploding fireworks will not be permitted within the boundaries of the event. Public notification shall include notice in all advertisements and the posting of notices on the property immediately before and during the event. All such notices shall state that all pyrotechnics and fireworks including non-exploding fireworks like smoke bombs, sparklers, and party poppers are prohibited and shall refer to Section 24-18(e) of the Cary Code of Ordinances.
(Ord. No. 05-001, 1-13-05; Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2011-LDO-02, 4-14-11; Ord. No. 2012-LDO-06, 8-9-12; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2016-LDO-02, 12-8-16; Ord. No. 2017-ACT-01, 10-26-17; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)