The purpose and intent of this article is to provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this article to protect nearby property owners, residents and businesses from special events that may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics and the nature of the proposed use. Finally, it is the intent of this article to preserve the public health, safety and convenience.

The term "special event" shall mean a temporary, short-term use of land or structures, not otherwise included as permitted or accessory use by this chapter, for one or more of the following types of activities:

(a)

Type 1. Fund raising or non-commercial events held outside an enclosed permanent structure for non-profit religious, educational or community service organizations that periodically and routinely operate in the City; including any on-site signs and structures in conjunction with the event;

(b)

Type 2. Christmas tree sales;

(c)

Type 3. Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district such as banners as defined in section 16-903(e) hereof, and attention-attracting devices as defined in section 16-903(c) hereof;

(d)

Type 4. Significant commercial activities intended to sell, lease, rent or promote specific merchandise, services or product lines, such as tent sales, trade shows, farmers' markets, seasonal merchandise sales or product demonstrations;

(e)

Type 5. Significant public events intended primarily for entertainment or amusement, such as carnivals, concerts or festivals.

The term "special events" should not include garage sales, transient merchants, or off-site promotional signs and sales.

Seasonal sales means sale of items that are placed outdoors outside of winter months such as lawn and garden materials, plants, mulch, residential play features, barbecue grills, outdoor furniture, etc.

(Ord. No. 991, § 1, 3-16-2020)

(a)

Special events meeting the Type 1 definition are allowed without a special event permit provided all the following performance standards are met:

(1)

The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility or with the written permission of the property owner or lessee.

(2)

Any structure used in conjunction with the special event shall meet all applicable yard setbacks, shall be the subject of a valid building permit, and shall be promptly removed upon the cessation of the event.

(3)

The special event shall be restricted to hours of operation between 8:00 a.m. and 11:00 p.m., to a maximum duration of four days, and to a maximum frequency for similar events of six non-consecutive times per calendar year.

(b)

Special events meeting the Type 1 definition that include on-site signs and/or displays in conjunction with the event are allowed without a permit provided the following conditions are met:

(1)

The special event does not involve outdoor activities (i.e. people congregating or participating in outdoor activities);

(2)

The special event does not continue for more than 31 consecutive days and the property does not exceed a total of more than 60 special event days. At least 15 days must pass between each special event;

(3)

Any/all special event display(s) area does not exceed 500 square feet per parcel, or, should a single parcel contain more than one address, per address.

(4)

The special event shall not endanger or be materially detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the neighborhood special event.

(5)

The special event shall not cause undue traffic congestion or accident potential.

(Ord. No. 949, § 1, 5-15-2017)

Special events meeting the following standards shall be issued a special event permit administratively by the Building Inspector. In administering the provisions of this section, the Building Inspector shall be guided by applicable City policies as adopted by the Governing Body. Any applicant denied a special event permit shall be notified in writing of the reasons for the denial and have the opportunity to appeal the denial to the Governing Body. No more than two special event permits per calendar year shall be issued administratively at any location.

(a)

Special events meeting the Type 2 definition may be permitted administratively by the Building Inspector, subject to prior review and approval by the public works and police departments for traffic control and fire safety; provided that, all of the following performance standard are met:

(1)

An application is made and a fee paid in accordance with section 16-706;

(2)

A site plan indicating the location of the merchandise being sold, aisles, parking and sales trailers;

(3)

A lighting plan to be approved by the fire department and Building Inspector;

(4)

The permit may be valid from Friday after Thanksgiving until December 26th, with hours of operation from 8:00 a.m. to 10:00 p.m.;

(5)

Any structure used in accordance with the special event shall meet all site distance (see section 16-426) and set-back requirements, shall be subject to a valid building permit, and shall be promptly removed upon cessation of tree sales; the tree sales shall be conducted only on private property in a commercial or industrial zoning district, and shall submit evidence that the property owner has granted appropriate permission for tree sales.

(b)

Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of section 16-703, may be permitted administratively by the Building Inspector subject to the prior review and approval of the police and fire departments. No administrative permit shall be issued unless all the following performance standards are met:

(1)

An application is made and a fee paid in accordance with section 16-706;

(2)

The special event shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls;

(3)

If involving a banner, no more than one banner is displayed, and the size and design of the banner is appropriate given the size of the building to which it is attached, and within the character of the surrounding neighborhood and the banner shall be displayed for a maximum duration of 15 days per permit;

(4)

The activity shall not cause the overcrowding of parking facilities given anticipated attendance and the possible reduction in the number of available spaces caused by the event itself;

(5)

The special event shall not endanger the public health, safety, or general welfare given the nature of the activity, its location on the site, and its relationship to parking and access points;

(6)

The special event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter, or visual pollution;

(7)

Any structure used in conjunction with the special event shall meet all site distance requirements (see section 16-426), shall be the subject of a valid building permit, and shall be promptly removed upon the cessation of the event;

(8)

The special event shall be conducted on private property in a commercial or industrial zoning district, except that non-profit organizations may conduct events on any property where the property owner has granted the appropriate permission;

(9)

The duration and hours of operation of the special event shall be consistent with the intent of the event and the surrounding land uses, but in no case shall the duration exceed ten days except as otherwise outlined in section 16-704(b)(11); and

(10)

The special event shall comply with all applicable state and federal health, safety, environmental and other applicable requirements.

(11)

Seasonal sales may be displayed in approved areas for up to six calendar months of the year. Outside storage and sales are limited to typical spring, summer and fall seasons.

(Ord. No. 991, § 1, 3-16-2020)

All Type 5 events and any other event not meeting the criteria of sections 16-703 or 16-704 may be granted a special event permit by the Governing Body after review and report by the Building Inspector. The permit may be subject to conditions and safeguards as the Governing Body may deem reasonably necessary to protect the public health, safety, and general welfare. These conditions may include but shall not be limited to:

(a)

Restrictions on the hours of operation, duration of the event, size of the activity, or other operation or characteristic;

(b)

The posting of performance bonds to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to Governing Body expectations;

(c)

The provision of traffic control or security personnel to increase the public safety and convenience; and

(d)

Obtaining liability and personal injury insurance in forms and amounts as the Governing Body may find necessary to protect the safety and general welfare of the community.

(a)

No special event permit shall be issued until an application has been submitted to the Building Inspector and the appropriate fee paid. The application will be made on forms provided by the City, and shall be accompanied by the following items as applicable:

(1)

A letter from the applicant describing the proposed event, the hours of operation, the duration of the event, anticipated attendance, and any structures, signs, banners or attention-attracting devices used in conjunction with the event;

(2)

A sketch plan showing the location of the proposed activities, structures and/or signs in relation to existing buildings, parking areas, streets and property lines; and

(3)

A letter from the property owner or manager, if different from the applicant, agreeing to the special event.

(b)

Each application for a special event permit shall be accompanied by an application fee, except that the fee may be waived for any applicant registered with the State of Kansas as a non-profit organization. The fee for Type 2 applications shall be $25.00 and the fee for all other types of applications shall be $50.00.

(c)

The special event permit shall be posted on the site for the duration of the event.