Sec. 35.1-52. Carnivals and fairs, temporary.
Temporary carnivals and fairs permitted within the boundaries of the City of Lynchburg shall meet the following standards:
(a) A special permit shall be required which shall have a maximum duration of thirty (30) days.
(b) Such carnival or fair must be under the sponsorship of a nonprofit organization located within Lynchburg, Amherst, Campbell or Bedford County, or a city or town situated in one of those counties.
(c) The location of the carnival or fair shall have direct access to an arterial or collector road.
(d) Off-street parking, in amounts to be determined by the division of inspections, shall be provided in sodded areas, parking lots ordinarily used for other purposes, or in such other ways that muddy conditions and erosion shall be minimized.
(e) Exterior lights shall be shielded from any adjacent residential areas and amplified music or other noise shall cease between the hours of 10:00 p.m. and 9:00 a.m.
(f) After the duration of the fair or carnival, all grounds used shall be restored to their condition before the fair or carnival. It shall be the responsibility of the sponsoring organization to perform such restoration.
The recurring use of temporary carnivals and fairs may be exempt from obtaining a conditional use permit (CUP) provided that the following conditions are met:
(a) a written request from the sponsor describing the project, including a site plan, shall be provided to the Director of Community Planning and Development. This request shall be provided far enough in advance of the event to allow for the formal conditional use permit approval process, if needed. For any new function, the sponsor shall post a public notification sign as per Section 35.1-19 for a total of five (5) years.
(b) a conditional use permit shall have been previously approved by the city council for this same use and shall be deemed the original conditional use permit;
(c) the requested use shall be in the same location as the original conditional use permit and shall be recurring on an annual basis;
(d) the requested use shall, in all substantive and operational areas, be the same as the conditional use permit previously approved by the city council;
(e) the conditions of the original conditional use permit shall be retained for the requested use. The conditions of the conditional use permit can be modified by the director of community planning and development as changing needs dictate, relating to times, dates, and updated and improved safety considerations, provided that no adverse impact is reasonably expected.
(f) the technical review committee shall review each request and make a recommendation to the director. If it is determined that all of the above conditions have been met, the director may issue a written letter of approval for the subject recurring use;
(g) the proposal shall comply with any additional conditions which are deemed to be necessary and appropriate by the director.
In the event of a substantive change to the character of the surrounding neighborhood or an objection from the public, such administrative approval for the recurring use may be revoked by the director and the matter referred to the planning commission and city council for consideration of the request according to the conditional use permit application/public hearing process. (Ord. No. O-96-058, 3-12-96)
Last updated date: 10/23/2006 4:15:21 PM