Consent of the town is required to use any town park, recreational property or other properties and facilities owned or operated by the town, except as otherwise permitted by the Gypsum Municipal Code and rules or regulations associated with such property. In evaluating any request to use a town property or facility, the town shall determine whether such use shall be allowed only pursuant to a special events permit.

A special events permit granted pursuant to this chapter is required in advance for all events occurring on or after June 1, 2009, which are held on or in town parks, recreational properties or other properties and facilities owned or operated by the town where the activities or uses associated with the event:

(1)

Are not allowed by the applicable zoning, or a special use permit, conditional use permit or zoning variance; or

(2)

Would otherwise violate the Gypsum Municipal Code; or

(3)

Are determined by the town when evaluating the request to use the town property or facility to require special conditions to mitigate the anticipated impacts from the special event on adjacent property, the neighborhood, and the public.

A special events permit shall allow the permit holder to conduct the event for the time period, activities and uses specified in the permit, subject to compliance with the conditions of the permit. A special events permit shall be valid for a specific period of time, not to exceed 120 days, and shall not be transferable.

Applications for a special events permit shall be submitted to the Public Works Director or designee no later than 60 days prior to a proposed special event. No more than one special events permit application shall be required for any organized special event, such as a festival, involving more than one activity or site or held for a duration of more than one day or for a series of periodic, related events, so long as the application is otherwise complete as to each such activity, site, occurrence or time period.

(1)

The Public Works Director or designee shall refer the application for comments to other departments or agencies, as determined by the Public Works Director or designee to be appropriate.

(2)

The Public Works Director or designee shall determine whether to approve, approve with conditions, or deny the special events permit application.

(3)

The town shall publish notice of a decision to approve or deny a special events permit at least 30 days prior to a proposed special event.

(4)

Any person alleged to be negatively affected by the granting or denial of a special events permit application may file with the Public Works Director or designee a written appeal of the decision within seven days after notice of the decisions is published. The town council shall hold a hearing to consider the appeal upon not less than three days notice to the applicant and the person filing the appeal. An administrative appeal to the town council is a requirement of any judicial challenge or appeal to the approval or denial of a special events permit, any of the permit conditions or the holding of the event based on the terms of an approved permit.

(Ord. No. 2020-20, § 1(Exh. A), 12-8-20)

(a)

A special events permit application shall be approved by the Public Works Director or designee if, based on conditions and requirements imposed upon the permit, it meets all of the following criteria:

(1)

The applicant has obtained permission to use all properties or facilities associated with the special event.

(2)

The proposed special event will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare.

(3)

The particular location requested can reasonably accommodate the special event, given the proposed nature, size, or duration of the event.

(4)

The applicant complies with any other required approvals, conditions or permits.

(5)

The proposed special event shall not create an unreasonable risk of:

a.

Significant damage to public or private property;

b.

Injury to persons;

c.

Public or private nuisances;

d.

Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; or

e.

Unduly burdensome police, fire, trash removal, maintenance, or other public service demands.

(6)

The time and location for the proposed special event is not already permitted or reserved for other activities.

(7)

The applicant has provided sufficient proof of liability insurance to reasonably cover any potential claims that could arise as from the special event, the policy for which shall name the town as an additional insured.

(8)

The applicant shall agree to indemnify and hold the town harmless for any and all claims and liabilities arising from the special event.

(b)

Prior approval of a special events permit shall not be grounds for requiring a permit to be issued for any other event requested to be held by the same applicant, or any subsequent occurrence of the same or similar event.

(c)

Failure of an applicant to conduct a previous event in compliance with applicable laws, regulations or permit conditions shall be a basis of denial of a special events application.

(Ord. No. 2020-20, § 1(Exh. A), 12-8-20)

(a)

The following restrictions shall apply to all special events permits:

(1)

Permanent alterations to the site inconsistent with applicable zoning are prohibited.

(2)

Permanent signs are prohibited. All approved temporary signs associated with the temporary use shall be removed when the activity ends.

(3)

Except for variances or exceptions specifically allowed by the special events permit terms, which may include but not be limited to exceptions to requirements or limitations regarding zoning, noise, curfew and operation of vehicles and movement of pedestrians, the special event shall be conducted in compliance with all provisions of the Gypsum Municipal Code and applicable local, state and federal laws and regulations.

(b)

In approving special events permits, the Public Works Director or designee may impose such conditions reasonably necessary to reduce or minimize potential unreasonable adverse impacts upon the health, safety, convenience or general welfare of the citizens of the town. The Public Works Director or designee shall consider characteristics of the proposed event including but not limited to the frequency, duration, hours and days involved in the special event, the number of persons attending, and the number of properties and persons affected. Significant, frequent impacts of long duration between the hours of 11:00 p.m. and 7:00 a.m. that are specific to one or a small number of properties or persons, shall require greater consideration of mitigating conditions than impacts of less significance, frequency and duration occurring between 7:00 a.m. and 11:00 p.m. that are general to large neighborhoods or the town or the public as a whole.

(c)

Permit conditions may include, but are not limited to, the following:

(1)

Requirements for adequate parking.

(2)

Requirements for adequate pedestrian and vehicular access and egress.

(3)

Requirement for adequate emergency services access.

(4)

Requirements for adequate traffic control.

(5)

Limits on lighting, sound volume, noise, vibrations, smoke, dust, dirt, odors, gases and heat.

(6)

Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas.

(7)

Provision of sanitary facilities.

(8)

Provision of solid waste collection and disposal.

(9)

Requirements of trash and debris clean up at the site of the special event and any other public or private property potentially impacted by the special event.

(10)

Provision of security and safety measures.

(11)

Provision of emergency services, including emergency medical services.

(12)

Modification or elimination of certain proposed activities that may have unmitigated and unreasonable adverse impacts.

(13)

Limitations on the duration, days and hours of public or private attendance at the special event.

(14)

Limitations on the duration, days and hours of set up, tear down and clean up for the special event.

(d)

Submission of a performance bond or other financial guarantee to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

(e)

The Public Works Director or designee, Town Manager, or the code enforcement officer may temporarily suspend any special events permit and order a special event to discontinue operations for violation of the terms of this chapter or the terms or conditions of the permit. The provisions of this chapter and terms and conditions of any special events permit may be enforced by an action brought in the municipal court, which shall have the power to revoke any special use permit and impose fines and penalties as provided generally for violations of the Gypsum Municipal Code.

(Ord. No. 2020-20, § 1(Exh. A), 12-8-20)

The Lundgren Theater is designated as an adequate and suitable place for holding events that require sound amplification. The town council may from time to time by resolution designate other areas within the town as appropriate for sound amplification. The Public Works Director or designee may establish regulations regarding acceptable decibel levels and time periods for sound amplification at the Lundgren Theater and any other areas designated by the town council as adequate and suitable for events that require sound amplification. In no event shall permitted decibel levels for the Lundgren Theatre or other areas designated as adequate and suitable for sound amplification events exceed 120 dB at the nearest residential property line.

(Ord. No. 2020-20, § 1(Exh. A), 12-8-20)