The purpose and intent of this chapter 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 chapter to protect nearby property owners, residences and businesses from special events which 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 chapter to preserve the public health, safety and welfare.

It shall be unlawful for any person to use land or structures for any special event as defined in this chapter without first obtaining a permit as required by this chapter. No permit issued in violation of any provision of this code shall be valid.

The term "special event" means a temporary, short term use of land or structures, not otherwise included as a permitted or accessory use by these zoning regulations of this Chapter. The term "special event" shall not include garage sales, transient merchants, or off-site promotional signs and sales, or mobile restaurants. This Section establishes three (3) classifications of special events: Type 1 Special Events, Type 2 Special Events, and Type 3 Special Events.

A.

Type 1 Special Events. Small-scale promotional activities intended to attract to a specific place or business; on-site fundraising or non-commercial events.

Examples include: tent sales, sidewalk sales, outdoor seasonal sales, fundraising or non-commercial events for nonprofit organizations, grand openings and going out of business sales.

1.

The special event is conducted entirely on private property owned or leased by the nonprofit organization or business sponsoring the event at a permanent facility.

2.

For fundraising or non-commercial events, the event is operated solely by members of the nonprofit organization sponsoring the event. For small-scale commercial events, the event is operated solely by the on-site business(es).

3.

Any structure used in conjunction with the special event shall meet applicable yard setbacks, shall be subject to valid building permit requirements, and shall be promptly removed upon cessation of the event. No motorized rides shall be provided.

4.

The special event shall be restricted to the hours of operation between 8:00 a.m. and 9:00 p.m., to a maximum duration of ten (10) days, and to a maximum frequency for special events of six (6) times per calendar year. Outdoor seasonal sales are permitted for up to seventeen (17) weeks per calendar year per location.

B.

Type 2 Special Events. Commercial activities related to a specific place, business, organization, event or district not associating with an on-site business; fundraising activities on behalf of a nonprofit religious, educational or community service organization sponsored by and held at an off-site location or business.

Examples include: Christmas tree sales not associated with an on-site business, small outdoor festival, live entertainment at a venue without an approved Special Use Permit, sporting events, or regularly occurring scheduled events that are intended to foster community spirit — not requiring street closure or other City resources.

1.

Any structure used in conjunction with the special event shall meet applicable yard setbacks, shall be subject to valid building permit requirements, and shall be promptly removed upon cessation of the event. No motorized rides shall be provided.

The special event shall be restricted to hours of operation between 8:00 a.m. and 10:00 p.m., to a maximum duration of ten (10) days, and to a maximum frequency for Type 2 Special Events of four (4) per calendar year. Outdoor seasonal sales are permitted for no more than eight (8) weeks per calendar year per location.

C.

Type 3 Special Events. Public events intended primarily for entertainment or amusement such as carnivals, concerts, large-scale festivals. No more than two (2) are permitted per location per calendar year.

(Ord. 3408, 2022)

A.

All Type 1 and Type 2 Special Events require a permit issued administratively by the Community Development Department, subject to prior review and approval of the codes enforcement division, public works department, police department and fire department. A permit fee shall be required for all special events per Policy Statement 56.

B.

Type 3 Special Events are subject to Governing Body approval and require a permit issued by the Governing Body. The Governing Body may deny an application for a Type 3 Special Event Permit if City resources are not available to undertake the event.

(Ord. 3408, 2022)

A.

No Special Event Permit shall be issued until an application has been submitted to the Community Development Department and the appropriate fee paid. The application shall be made on forms provided by the Community Development Department, 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, parking plan, and any structures or signs used in conjunction with the event;

2.

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

3.

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

4.

Any additional information deemed necessary by the Community Development Director.

5.

Parking Plan. identify expected parking demand, on and off-site public and private parking areas, property owner approval required if using private, off-site event parking, shuttle or other alternative transportation plans as needed.

6.

A Public Safety Plan including identification of:

a.

Fire protection (indoor),

b.

On-site fire extinguishers and fire hydrants,

c.

Emergency vehicle access points,

d.

Emergency exiting plan for indoor events,

e.

Crowd control managers for events of five hundred (500) people or more, or when determined necessary by the Fire or Police Department,

f.

Weather monitor for inclement weather,

g.

Shelter in-place and evacuation plan, and

h.

Primary on-site contact during the event.

7.

Fire Department Review.

a.

Information regarding open-flame cooking, including locations and type of fuel to be used.

b.

Location and sizes of tents or canopies. For tents four hundred (400) square feet or more in size a flammability certificate or fire retardant rating shall be provided.

8.

Elevated stages four hundred (400) square feet or more in size require engineered sealed plans.

9.

Traffic Control Plan. Type 3 events, parades, or other special events causing road closures must submit a plan identifying the desired detour route, access, barricades and other traffic control devised, like cones and signage complying with MUTCD guidelines, and times traffic will be impacted. The number of officers required is determined by the route, and staffing would determine if the event is feasible. Events hosting one thousand (1,000) or more participants ending at a set time may cause a traffic hazard or severe congestion. These must be reviewed to see if there is a need for traffic control.

10.

Type 3 Special Events estimated to bring one thousand (1,000) or more people at any given time of the event will be required to have crowd management staff on site.

11.

Public events hosting five hundred (500) or more people at any given time, where alcohol will be served or brought in by participants, will be required to submit an application for a security assessment with the Police Department.

B.

A complete application shall be made at least fifteen (15) business days prior to the requested start date of a Type 1 or 2 Special Event. A complete application shall be made at least forty-five (45) business days prior to the requested start date of a Type 3 Special Event. Applications that require Governing Body approval shall be placed on the next available Governing Body agenda. With all other applications, the Community Development Director shall determine and provide in writing to approve, approve with conditions, or deny the permit within seven (7) business days of the submission of a complete application or within five (5) business days of the event start date, whichever is later.

C.

The Special Event Permit shall be posted on the event site in a conspicuous place for the duration of the event.

D.

If the permit applicant requests that the City provide extraordinary services or equipment or if the City staff otherwise determines that extraordinary services (e.g. traffic control or security personnel), or equipment should be provided to protect the public health or safety, the applicant shall be required to pay the City a fee sufficient to reimburse the City for the costs of these services. The requirements shall not apply if the event has been anticipated in the City budget process and sufficient funds have been included in the City budget to cover the costs incurred.

(Ord. 3408, 2022)
(Ord. 3311, 2019)

A.

The denial of a Special Event Permit may be appealed to the Board of Appeals as established by Section 2.38.020 of the Shawnee Municipal Code and amendments thereto.

B.

An appeal shall be made in writing within five (5) calendar days of the date the written denial is made. An appeal is made by filing a written petition with the Community Development Director setting forth the grounds for appeal.

(Ord. 3408, 2022)

Any Special Event Permit issued pursuant to this Chapter is subject to revocation if the Community Development Director determines that:

A.

The permit holder has fraudulently obtained the permit by giving false information in the application; or

B.

The event cannot be conducted without violating the standards or conditions for Special Event Permit issuance or the provisions of this Chapter; or

C.

The event is being conducted in violation of any condition of the Special Event Permit or this provision of this Chapter; or

D.

The event poses a threat to health or safety; or

E.

The event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this Code; or

F.

The Special Event Permit was issued in error or contrary to law.

(Ord. 3408, 2022)

All special events shall comply with the following standards:

A.

An application is made in accordance with Section 17.67.045 and a fee paid in accordance with Policy Statement 56.

B.

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;

C.

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;

D.

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

E.

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;

F.

Any structure used in conjunction with the Special Event Permit shall meet all sight distance and setback requirements, shall be subject to a valid building permit, and shall be promptly removed upon cessation of the event;

G.

The special event shall be held on private property in a commercial or industrial zoning district and the applicant shall submit evidence that the property owner has granted appropriate permission to hold the event.

H.

When merchandise or activities are held on the sidewalk in front of businesses, one-half (½) the width of the sidewalk shall be clear space and merchants may display merchandise only within the area of the sidewalk that immediately abuts their business;

No motorized rides are provided except as approved as part of a Type 3 Special Event Permit.

(Ord. 3408, 2022)

The following specific conditions must be met in addition to the general conditions described in this Chapter for the Special Event Types shown below:

A.

Christmas tree sales.

1.

A site plan indicating the location of the trees, aisles, parking and sales trailers;

2.

A lighting plan to be approved by the fire department and building inspection division;

B.

Outdoor Seasonal Sales.

1.

Outdoor seasonal displays may be located in a paved parking area containing no greater than forty (40) contiguous parking stalls or an area no greater than twenty percent (20%) of the floor area of the business, whichever is less, provided the overall number of parking stalls remaining is not less than that required by the zoning ordinance;

2.

The display area shall not block any turn lanes, aisles, fire lanes or be placed inside a site triangle;

3.

The height of such displays shall not exceed five (5) feet;

4.

The perimeter of the area shall be fenced or otherwise protected from vehicular traffic;

5.

The display area shall also be located behind any platted setback lines;

6.

All material shall be displayed in an orderly manner. Broken bags and spilled contents shall be removed immediately;

7.

The display shall occur on the same lot as the permit applicant's regular place of business;

8.

In the event the applicant is not the owner of the area where the display is requested to occur, the applicant shall submit a letter from the owner indicating approval of the location for the outdoor seasonal display;

9.

Enclosed outdoor seasonal display areas, defined as display areas with solid walls and roofs. Such displays shall not take up greater than twenty (20) contiguous stalls, or an area no greater than twenty percent (20%) of the floor of the business, whichever is less, provided the overall number of parking stalls remaining is not less than that required by the zoning ordinance. The enclosed display shall be located in an area further back than the front wall of the building that serves as the applicant's regular place of business. The display area shall be placed in a hard surface, and shall not block any turn lanes, aisles, fire lanes, or be placed inside a site triangle, nor shall it block the view of on-coming traffic.

C.

Type 3 Special Events Entertainment and Amusement are subject to the following performance standards in addition to the general conditions describes in this Chapter:

1.

All carnival rides and/or structures shall be located on a hard (paved) surface;

2.

Arrangements have been made for private security police to monitor the event;

3.

The special event shall be held on private property in a commercial or industrial zoning district, except such activities may take place on public or private school property, or church property which houses the school or church for which benefits are being raised through the event, or in a public park;

4.

The event operations and hookups shall be inspected by the Fire Marshal and Chief Building Official prior to public opening to ensure the safety of such operations and hookups, and public opening is contingent upon the Fire Marshal's and Chief Building Official's approval.

5.

Any additional conditions and safeguards as the Governing Body may deem necessary to protect the public health, safety, and welfare. These conditions may include, but are not limited to, the following:

6.

Restricting the hours of operation, duration of the event, or size of the activity;

7.

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

8.

Requiring traffic control or security personnel to increase public safety and convenience;

9.

Obtaining liability insurance in such form and amount as the Governing Body may find necessary.

10.

In no event shall the event's duration exceed ten (10) days, and the maximum frequency for such events is two (2) times per calendar year.

Any person violating any provision of this Chapter shall be guilty of a class A Public Offense upon conviction thereof. Each day such violation is committed or allowed to continue shall constitute a separate violation.

(Ord. 3408, 2022)