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i Memo to Board of County Commissioners Commercial Event Ordinance September 14, 2015 2 1 P a g e i The ordinance amends Chapter 901 (definitions) of the code and provides for a definition of a Commercial Event at Residence. The proposed ordinance also amends Chapter 911 (zoning) and Chapter 912 (single family development) by prohibiting an owner from leasing a single family home for a commercial event or advertising the property as a location for an event. The ordinance contemplates leasing the property for a sum of money as an element of violations. The proposed ordinance does not prohibit gatherings such as weddings or birthday parties held at the owner's residence or at a friend or family member's residence so long as there is not an exchange of consideration. I Enforcement. First, the proposed ordinance makes advertising a single family residence as a commercial event location prima facie evidence of violations of the code. Thus, an advertisement coupled with some other evidence such as a tent, music, drinking, etc. would shift the burden of proof to the owner to show the event was legal and conformed to code. Second, those enforcing the proposed ordinance, whether it be code enforcement or law f enforcement, should be able to use the facts and circumstances of the situation in order to distinguish between a prohibited commercial event at residence and a permitted gathering held at an owner's residence with the owner present. Investigators can search websites or other media in an effort to seek out commercial event locations. Investigators acting on a complaint can verify through an advertisement that the complained about location is being offered as a commercial event location. Third, the ordinance provides that if the owner of the property is not present when the event is taking place, it is a rebuttable presumption that a violation of the ordinance has occurred, shifting the burden to the owner to overcome the presumption that the owner is not present at the time of the event. This ordinance makes it illegal to conduct a commercial event at a single family residence when the owner is not j present. Enforcement officials can rely on the Property Appraiser's information to help determine ownership of the property. Lastly, enforcers can also use knowledge of frequent events held at the same house and a history of complaints from neighbors. i Planning and Zoning Commission. On August 13, 2015 the first public hearing on the proposed ordinance was held before the Planning and Zoning Commission. At the public hearing, the Commission heard from a concerned couple who have held event type gatherings at a large agriculturally zoned parcel of property that featured a large tent, live music and many of the other event characteristics but because of the size of the parcel, all parking, noise, litter and other inconveniences were contained on site. After considering this input from the hearing and receipt of subsequent letters and phone calls from other persons involved in events at larger agriculturally zoned parcels, staff added a provision to the ordinance that would allow event type gatherings on larger agriculturally zoned parcels provided the applicant obtain a temporary use permit from the Community Development Department. By requiring a temporary use permit, (TUP) staff can determine whether a proposed event will comply with the review standards contained in IRC Code §972.06, such as traffic, parking, emergency services access, noise, adequate restroom facilities and duration. Staff submits that event type gatherings can be appropriately managed on larger agriculturally zoned parcels governed by the existing standards for temporary uses found in existing code. The provision allowing events on large agricultural properties is found on page 2 of the ordinance as §911.15(8)(b) and §912.18(3)(a). 215;