The purpose and intent of this article is to provide for the temporary use of private property 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 section to protect nearby property owners, residents 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 article to preserve the public health, safety, and convenience.

(Ord. 1787-21)

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

Type 1: Fundraising or non-commercial events for nonprofit religious, educational or community service organizations; including any structures in conjunction with the event.

Type 2: Promotional activities or devices intended to attract attention to a specific place, business, organization, event, or district, such as outdoor entertainment or display booths.

Type 3: Outdoor commercial activities intended to sell, lease, rent or promote specific merchandise or services such as a tent sale, farmers market or product demonstration, or indoor seasonal events which will draw additional visitors to a property such as haunted houses, and including licensed transient merchants requiring use of a tent or structure.

Type 4: Christmas tree sales.

Type 5: Public events intended primarily for entertainment or amusement, such as concerts or festivals; or events to occur in whole or in part on any City property, including any park or street.

(Ord. 1787-21)

Special events meeting the Type 1 definition are allowed without a Temporary Special Event Permit provided all the following standards are met:

(1)   The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.

(2)   Any structure used in conjunction with the special event shall meet all applicable yard setbacks, shall be subject to a valid building permit, shall meet uniform fire code requirements, and shall be removed within 24 hours upon the cessation of the event.

(3)   The special event shall be restricted to hours of operation between 8:00 a.m. and 9:00 p.m., to a maximum duration of five (5) days, and to a maximum frequency for similar events of two (2) times per calendar year.

(4)   Signs displayed in conjunction with use shall comply with City sign regulations and shall not be located on a public right-of-way.

(Ord. 1787-21)

Special events meeting the following standards may be issued a Temporary Special Event Permit administratively by the Zoning Administrator. Any applicant denied a Temporary Special Event Permit shall be notified in writing of the reason(s) for denial and of the opportunity to appeal the denial to the City Council. No more than four (4) Temporary Special Event Permits per calendar year shall be issued administratively for any location. Type 4 events do not count against the permit limit,

(a)   Special events meeting the Type 2 or Type 3 definition, and Type 1 events not meeting the standards outlined in Section 5-603, may be permitted administratively by the Zoning Administrator, subject to prior review and approval by the Building Official and Police Department. No administrative Temporary Special Event Permit shall be issued unless all the following standards are met:

(1)   An application and site plan indicating the proposed use and any temporary structures or displays are submitted, and a fee paid in accordance with Section 5-606.

(2)   The special event shall not cause undue traffic congestion or accident potential given anticipated attendance and specific location of event.

(3)   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. Permits shall not be issued for properties which do not provide parking spaces in excess of the number required in the zoning ordinance to support the principal use(s) on the property.

(4)   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.

(5)   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.

(6)   Any structure used in conjunction with the special event shall be the subject of a valid building permit, shall meet uniform fire prevention code requirements, and shall be removed within 24 hours upon the cessation of the event.

(7)   Cars, trucks, vans, and trailers may not be used for the sale of merchandise, except for mobile food vendors licensed under Section 5-101 et seq. of the Code of the City of Kechi. Vehicles used for the storage of merchandise associated with an approved temporary use may only be located on site during the special event.

(8)   The special event shall be conducted on private property (on which the City has an approved site plan on file) in a commercial or industrial zoning district where the property owner has granted the appropriate written permission. Nonprofit organizations may conduct events on any site planned property (in any zoning district) where the property owner has granted the appropriate written 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. If the special event is to exceed fourteen (14) days in duration, multiple permits must be applied for consecutively. Provided, Kechi Chamber of Commerce Farmer’ s Market need only apply for one permit per calendar year.

(10) Signs displayed in conjunction with the use shall comply with City sign regulations and shall not be located on a public right-of-way. Signs for commercial activities shall only be displayed during hours of operation.

(b)   Special events meeting the Type 4 definition may be permitted administratively by the Zoning Administrator, subject to prior review and approval by the Building Official and Police Department. No more than one (1) Type 4 permit per calendar year shall be issued administratively at any location. No administrative permit shall be issued unless all the following standards are met:

(1)   An application is submitted, and a fee is paid in accordance with Section 5-606.

(2)   A site plan is submitted indicating the location of the trees, aisles, parking, and sales trailer or structure.

(3)   The location of the sales area 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. Permits shall not be issued for properties which do not provide parking spaces in excess of the number required in the zoning ordinance to support the principal use on the property.

(4)   Any structure used in conjunction with the Christmas tree sales shall be the subject of a valid building permit, shall meet uniform fire code requirements, and shall be removed within 24 hours upon the cessation of the sale.

(5)   The sale shall be conducted on private property (on which the City has an approved site plan on file) in a commercial or industrial zoning district where the property owner has granted the appropriate written permission.

(6)   Christmas tree sales shall be permitted for no more than forty-five (45) consecutive days and the permit will expire on December 31 of each calendar year.

(7)   Signs displayed in conjunction with the use shall comply with City sign regulations and shall not be located on a public right-of-way.

(Ord. 1787-21)

Type 5 special events and any special event not meeting the criteria of Sections 5-603 or 5-604 may be granted a Temporary Special Event Permit by the City Council. Such permit may be subject to such conditions and safeguards as the City Council may deem necessary to protect the public health, safety, and 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 operational characteristic.

(b)   The posting of a performance bond to help ensure that the operation of the event and subsequent restoration of the site are conducted according to City Council expectations.

(c)   The provision of traffic control or security personnel to increase the public safety and convenience.

(d)   Obtaining liability and personal injury insurance in such form and amount as the City Council may find necessary to protect the safety and general welfare of the community.

(e)   Signs displayed in conjunction with use shall comply with City sign regulations and shall not be located on a public right-of-way. Signs for commercial activities shall only be displayed during hours of operation.

(Ord. 1787-21)

(a)   No Temporary Special Event Permit shall be issued until an application has been submitted to the City Clerk and the appropriate fee paid. The application shall be made on the appropriate form provided by the City Clerk a minimum of forty-five (45) working days prior to the proposed event or sixty (60) days if reviewed by the City Council. Incomplete applications shall not be processed or accepted for processing. An application 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 used in conjunction with the event.

(2)   A sketch plan showing to scale the location of the proposed activities and structures in relation to existing buildings, parking areas, streets and property lines as shown on the approved site plan. In no event shall structures or display areas be located any closer than 25 feet to public rights-of-ways adjacent to the property.

(3)   A letter from the property owner or manager, if different from the applicant, providing permission for the special event to occur on the property.

(4)   A separate application will need to be made for any signs to be displayed in conjunction with the special event. In no event shall signs be displayed on the public right-of-way. Signs for commercial activities shall only be displayed during hours of operation.

(b)   Each application for a Temporary Special Event Permit shall be accompanied by an application fee. The fee for all applications shall be as established by the City Council by resolution.

(c)   The approved Temporary Special Event Permit issued shall be available on site for inspection for the duration of the event.

(Ord. 1787-21)

Any violation of this Article 6 is punishable by a fine of up to $500. Each day a violation continues shall be a separate violation punishable by a separate fine of up to $500.

(Ord. 1805-22)