[1]
Editor's Note — Ord. no. 385 §2, adopted February 20, 2003, repealed sections 405.180 — 405.280 and enacted new provisions set out herein. Former sections 405.180 — 405.280 derived from ord. no. 303 §§1 — 2, 2-26-2001.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
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 the public, nearby property owners, residents and businesses from special events that may be disruptive, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics and the nature of the proposed use.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
The term "special event" shall mean a temporary, short-term use of land or structures for one (1) or more of the following types of activities:
Type 1. Non-commercial events. Fund raising or non-commercial events held outside an enclosed permanent structure anywhere in the City including parades, advertised demonstrations in which more than fifty (50) persons are invited or attend, and any on-site signs and structures in conjunction with special events.
Type 2. Special seasonal events. Christmas tree sales, fruit or vegetable sales, or sale of other seasonally-grown products.
Type 3. Signage and promotional activities. Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district such as banners, promotional signs and/or other signs as defined in the Sign Code.
Type 4. Commercial events. Commercial activities intended to sell, lease, rent or promote specific merchandise, services, product lines or other aspects of a business such as tent sales, arts and craft sales, trade shows, farmers' markets, seasonal merchandise sales, product demonstrations or festivities.
Type 5. Public attractions. Public events intended primarily for entertainment or amusement such as carnivals, concerts, festivals, barbeques, picnics or car washes.
Type 6. Recycling collection points. Drop-off area outside an enclosed primary permanent structure for recyclable material (see "RECYCLING", Section 405.060).
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
A. 
The following special events are exempt from the terms and conditions of this Article:
1. 
Any not-for-profit or government-sponsored special event less than twenty-four (24) hours in duration, provided the City has been given advance notification of the event. These events may be required by the City to obtain a special event permit if review and regulation of the proposed activity is necessary to ensure protection of the public health and welfare.
2. 
Any special event sponsored or co-sponsored by the City.
3. 
Any special event held within a public park, provided the event complies with all provisions of the Green Park Code and any other requirements of the City regulating conduct in parks and recreation areas.
4. 
Persons acting pursuant to an order or process of a court of competent jurisdiction.
5. 
Persons acting in accordance with their powers and duties as public officials.
6. 
Any business that operates pursuant to an approved development plan that regulates the display and sale of outdoor goods or authorizes the operation of any special event as defined herein.
7. 
Garage sales, itinerant (door-to-door) merchants and temporary off-site promotional signs.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
No special event subject to the provisions of this Article may be held until a permit is obtained from the City pursuant to this Article. A fee of one hundred dollars ($100.00) shall be paid to the City with each special events permit application; provided that no fee shall be required for applications submitted by not-for-profit organizations, as defined by the Internal Revenue Code Section 501(c)3, if the application is accompanied by satisfactory evidence of such valid qualifying status.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
Special events satisfying all the requirements of this Article may be permitted administratively by the City Administrator. No more than six (6) special event permits per calendar year shall be issued administratively at any location. Although different types of special events may be concurrent (and treated as one (1) event), no special event shall be consecutive; there must be a minimum of fourteen (14) days between each event except for a Type 6 event. If the City Administrator is unable to determine if all requirements of this Article are satisfied, the City Administrator may place the request on the agenda for the next regularly scheduled meeting of the Board of Aldermen. No administrative permit shall be issued unless the requisite application is made, any required fee paid and the City Administrator or Board of Aldermen finds that the standards for issuance set forth in this Article have been satisfied.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
Special events not fully satisfying the criteria of this Article may only be granted a permit by the Board of Aldermen after review and report by the City Administrator. This permit may be granted, denied or made subject to conditions that the Board of Aldermen may deem reasonably necessary to protect the public health, safety and general welfare. The Board of Aldermen shall review the application based on the intent of this Article and the appropriateness of the event in light of the standards set forth herein.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
A. 
Except as may be approved pursuant to Section 405.230, special events shall comply with the following standards:
1. 
Land-use compatibility. The special event shall be conducted on the applicant's own property in a commercial or industrial zoning district or on public or quasi-public property or right-of-way, if permitted by the City at its sole discretion. The special event shall be compatible with the purpose and intent of this Section and compatible in intensity, appearance, usefulness, enjoyment and value with surrounding land uses. The special event shall not impair the normal, safe and effective operation of a permanent use on the same site nor endanger or be detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the special event given the nature of the activity, its location on the site and its relationship to parking and access points.
2. 
Compliance with other regulations. A certificate of occupancy shall be required before any temporary or permanent structure used in conjunction with the special event is occupied. All structures and the site as a whole shall meet all applicable provisions of this Chapter, the City ordinances and the International Building Code as adopted by the City. Any structure used in conjunction with the special event shall meet all sight distance requirements of the City, shall be the subject of a valid occupancy permit and shall be promptly removed upon the cessation of the event. The special event shall comply with all applicable City, State and Federal health, safety, environmental and other applicable requirements.
3. 
Hours of operation and duration. The duration and hours of operation of a special event shall be consistent with the surrounding land uses. The duration for each type of special event shall be as follows:
Duration of Special Event
Special Event Type
Maximum Duration
1
15 days (except signage, 30 days)
2
90 days
3
21 days
4
14 days
5
7 days
6
1 year
4. 
Frequency. The maximum frequency of a special event on the same property shall be six (6) times per calendar year. Although different types of special events may be concurrent (and treated as one (1) event), no special event shall be consecutive; there must be a minimum of fourteen (14) days between each event, except for a Type 6 event. Multiple event types can be combined and issued under one (1) permit. A Type 6 event shall not count towards one (1) of the six (6) special events permitted for the property for which it was issued. A Type 6 Permit shall automatically renew annually unless written notification is sent to the applicant by mail notifying the applicant that permit has not been renewed or the site has ceased to have a recycling collection point.
5. 
Traffic circulation. The special event shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, parking and traffic controls.
6. 
Off-street parking. Off-street parking shall be provided to meet the needs of the special event and the event shall not create a parking shortage for any other use. All off-street parking surfaces used for the special event shall be concrete or asphalt, unless an acceptable alternative is approved at the discretion of the City.
7. 
Area of parking lot dedicated to outdoor special events. No more than ten percent (10%) of the parking stalls required for the business requesting the special event permit shall be permitted for a special event or events. No drives or maneuvering areas may be utilized within the special event area unless such drives or maneuvering areas are directly adjacent to the approved special event area, are not required for emergency access and are not deemed necessary by the City to provide proper circulation through the lot.
8. 
Public safety, conveniences and litter control. Where applicable, adequate on-site rest room facilities and solid waste containers shall be provided. The applicant shall calculate the demand for such facilities and specify how the need will be addressed.
9. 
Appearances and nuisances. The event shall not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution.
10. 
Signs. The City shall review all signage in connection with the issuance of the special event permit, although a separate sign permit is not required unless otherwise required by the Sign Code. The number and types of signs permitted shall be evaluated on the following criteria: type, size and duration of the proposed event or use, safety considerations (sign distance setbacks, sidewalks in area, etc.), lighting considerations (disturbance of nearby residents and adverse effects on traffic on adjacent streets) and aesthetic concerns (appearance, illumination, number and size of signs proposed). If the event involves a banner, the size and design of the banner shall be appropriate to the size of the building or structure to which it is attached and the character of the surrounding neighborhood.
11. 
Extent of outdoor commercial events. No outdoor commercial special events authorized by this Section shall exceed twenty-five percent (25%) of gross daily sales of the existing licensed indoor business located on the property, nor shall the portion of the premises occupied by the outdoor special event exceed thirty percent (30%) of the gross floor area of the permanent structure occupied by the licensed business on the property.
12. 
City services. If the applicant requests the City to provide extraordinary services or equipment or if the City otherwise determines that extraordinary services (including, but not limited to, traffic control or security personnel) or equipment are required to protect the public health, safety or general welfare, the applicant shall be required to reimburse the City for the cost of the services if the services are not provided by the applicant. The City may require the applicant to submit a security deposit, in an amount and in the form approved by the City Attorney, prior to the event to ensure that the applicant complies with this provision.
13. 
Insurance coverage. Proof of liability and personal injury insurance coverage in an amount required by the City for all special events. If a special event is held on public property, or extraordinary services are provided by the City, the applicant shall provide the City with a certificate of insurance identifying the City as additional insured at such levels of insurance designated by the City Administrator and in the form approved by the City Attorney.
14. 
Occupancy permit. Any special event, except Type 1 (non-commercial events), may be approved only for applicants holding a valid occupancy permit issued by the City.
15. 
Restoration of site. Within forty-eight (48) hours of cessation of the event, the site shall be returned to its previous condition (including the removal of any temporary structure, all litter, signage, attention-attracting devices or other evidence of the special event and return of all ground cover that may have been disturbed or, in the alternative, measures to control erosion).
16. 
Permit to be displayed or made available. The applicant shall post or otherwise display the validly issued special event permit on the premises at all times during the duration of the event. If it is not feasible to display the permit due to the event type or location, the permit shall be made available for inspection by any person requesting to see the permit.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
A. 
The following regulations shall apply to recycling collection points:
1. 
Enclosure requirement. Recyclable materials temporarily stored at recycling collection points shall be kept within enclosures or receptacles. Where possible, the receptacles should be screened from public view by landscaping, fencing or the permanent structure.
2. 
Signs. Signs may be posted or painted on each receptacle listing which material shall be disposed of in that receptacle. The name and phone number of the person responsible for maintenance of the enclosure or receptacle shall be posted.
3. 
Location and setbacks. Recycling enclosure or receptacle shall be located on a paved, hard surface as designated in the permit and shall not be located in any required setback area.
4. 
Parking. Except where expressly permitted by the City, no recycling enclosure or receptacle shall be located in any required parking space.
5. 
Regular collection. The property owner is responsible for contracting with the recycling broker(s) for regular pickup of recyclable material. Recyclable material shall not be allowed to accumulate such that a visual or public health or safety nuisance is created.
6. 
Security. The recycling enclosure and receptacles may be secured to prevent the theft of recyclable materials by unauthorized persons yet the enclosure shall be accessible for disposal of materials by authorized persons.
7. 
Maintenance. Maintenance of each recycling enclosure or receptacle shall be the responsibility of the property owner.
8. 
Number of receptacles. Unless otherwise approved by the City, no more than three (3) receptacles shall be allowed per lot.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
A. 
The City Administrator or Board of Aldermen may establish any reasonable conditions deemed necessary to ensure compatibility with adjacent land uses and to minimize potential adverse impacts on nearby uses including, but not limited to:
1. 
Event-specific restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics;
2. 
The provision of traffic control or security personnel to ensure the public safety and convenience;
3. 
The provision of liability and personal injury insurance in the forms and amounts that the Board of Aldermen finds necessary to protect the safety and general welfare of the community;
4. 
Limitations on signs;
5. 
Temporary arrangements for on-site rest room facilities, parking and traffic circulation;
6. 
Requirements for screening/buffering and guarantees for site restoration and cleanup following the special event such as the posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to required special event standards and conditions of approval.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
A complete application shall be submitted to the City at least thirty (30) days prior to the requested start date of any special event. The City Administrator shall review the application and attachments to determine compliance with the standards of this Section. The City Administrator shall grant, grant with conditions, or deny any special event application within twenty (20) days after the filing of a complete application by the applicant. If any application is denied by the City Administrator, the City Administrator shall, in writing, notify the applicant of the reasons for the denial. If approved, the applicant shall obtain all other required permits, certificates and licenses that may be necessary. The applicant shall have the right to appeal, within ten (10) days, the City Administrator's denial of any special event application or imposition of conditions upon any grant of special event permit to the Board of Aldermen. Nothing herein shall limit the City's ability to accept an application less than thirty (30) days prior to the requested start date of any special event if sufficient time exists for City review.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
Any person desiring to operate any special event requiring a special event permit shall submit a written application to the City Administrator on the form provided by the City. The application shall set forth such information requested and such other or additional information as may be requested by the City Administrator to ensure compliance with all legal requirements.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
No special event permit issued under the provisions of this Section shall be assigned or transferred to any other person or transferred to another location for the operation of a special event by that business or person at a different location.
[Ord. No. 385 §2, 2-20-2003; Ord. No. 505 §1, 8-21-2006]
Because the intention of this Article is to allow for the temporary use of property under specific controlled conditions, the City's issuance of a special event permit is not intended to, and expressly does not, create a vested property right in any use of property allowed by the City's grant of a special use permit nor does it create a right or expectation in the property owner to the City's issuance of a subsequent special use permit for the same special use. The City may, at its sole discretion based upon the health, safety and welfare of the citizens of the City of Green Park and the community as a whole, revoke an existing special event permit for violation of its terms or other exigent circumstances or decline issuance of further permits.