ORDINANCE NO. 8665

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING  CHAPTER 6,  ARTICLE 15,  SECTIONS 6-1502,   6-1503, 6-1504, 6-1505, AND 6-1506 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, PERTAINING TO “TEMPORARY SPECIAL EVENTS,” AND  REPEALING EXISTING  SECTIONS 6-1502, 6-1503, 6-1504, 6-1505, AND 6-1506.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1.  Section 6-1502 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:

6-1502             SPECIAL EVENTS DEFINED.

The term “special event” shall mean a temporary, short-term use of land or structures, not otherwise include as a permitted or accessory use by these zoning regulations, for one or more of the following types of activities: (Ord. 8089)

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 save, farmers market or product demonstration]), or indoor seasonal events which will draw additional visitors to a property [(such as a haunted house]), 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.

SECTION 2. Section 6-1503 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:

6-1503             SPECIAL EVENTS NOT REQUIRING A PERMIT.

(A)       Special events meeting the Type 1 definition are allowed without a Temporary Special Event Permit provided all of the following standards are met: (Ord. 8089)

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

(B)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 tire code requirements, and shall be removed within 24 hours upon the cessation of the event.

(C)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 5 five (5) days, and to a maximum frequency for similar events of 2 two (2) times per calendar year.

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

(B) Mobile food vending, as licensed under Section 6-1701 et seq. of the Code of the City of Lawrence, shall not be subject to a Temporary Special Event Permit, provided that no more than two (2) mobile food units are operating on the same property simultaneously.

SECTION 3.  Section 6-1504 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:

6-1504             SPECIAL EVENTS SUBJECT TO AN ADMINISTRATIVE PERMIT.

Special events meeting the following standards may be issued a Temporary Special Event Permit administratively by the Planning Director. Any applicant denied a Temporary Special Event Permit shall be notified in writing of the reasons for denial and of the opportunity to appeal the denial to the City Commission. No more than four (4) Temporary Special Event Permits per calendar year shall be issued administratively at any location. Type 4 events do not count against the permit limit.  (Ord. 8089)

(A)       Special events meeting the Type 2 or Type 3 definition, and Type 1 events not meeting the standards outlined in Section 6-1503, may be permitted administratively by the Planning Director, subject to prior review and approval by the Public Works Department, Code Enforcement Division, Police Department, and Fire Department. No administrative Temporary Special Event Permit shall be issued unless all of 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 6-1506.

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 meet all sight distance requirements in the Land Development Code, 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 event.

7.         Cars, trucks, vans, and trailers may not be used for the sale of merchandise, except for mobile food vendors licensed under Section 6-1701 et seq. of the Code of the City of Lawrence. Vehicles used for the storage of merchandise associated with an approved temporary use may only be located on site during the approved hours of operation of the special event.

8.         The special event shall be conducted on private property [(on which the Planning Office 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, but in no case shall the duration exceed 14 fourteen (14) consecutive days.

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 Planning Director, subject to prior review and approval by the Public Works Department, Code Enforcement Division, Police Department, and Fire 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 of the following standards are met: (Ord. 8089)

1.         An application is submitted and a fee is paid in accordance with Section 6-1506.

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 meet all sight distance requirements of the Land Development Code, 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 Planning Office 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 31st 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.

SECTION 4. Section 6-1505 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:

6-1505             SPECIAL EVENTS SUBJECT TO CITY COMMISSION APPROVAL.

Type 5 special events and Any any special event not meeting the criteria of Sections 6-1503 or 6-1504 may be granted a Temporary Special Event Permit by the City Commission. Such permit may be subject to such conditions and safeguards as the City Commission may deem necessary to protect the public, health, safety, and welfare. These conditions may include, but shall not be limited to: (Ord. 8089)

(A)       Restrictions on the hours or 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 Commission 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 Commission 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.

SECTION 5. Section 6-1506 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is amended to read as follows:

6-1506             APPLICATION AND FEE.

(A)       No Temporary Special Event Permit shall be issued until an application has been submitted to the Planning Office and the appropriate fee paid. The application shall be made on the appropriate form provided by the Planning Office a minimum of five (5) working days prior to the proposed event or fourteen (14) days if reviewed by the City Commission. Incomplete applications shall not be processed or accepted for processing. An application shall be accompanied by the following items as applicable: (Ord. 8089)

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 to the Code Enforcement Division for any signs to be displayed in conjunction with the special event. In no event shall signs be displayed on the a 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 subject to administrative review and the review fee for Type 4 applications shall be $50.00. The review fee for Type 5 applications and applications which that do not meet the standards outlined in Sections 6-1503 or 6-1504 shall be $100.00. (Ord. 8089)

(C)       The approved Temporary Special Event Permit issued shall be available on site for inspection for the duration of the event. (Ord. 8089)

SECTION 6. Sections 6-1502, 6-1503, 6-1504, 6-1505, and 6-1506 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, are hereby repealed, it being the intent to supersede the same with the provisions of this ordinance.

SECTION 7. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 8. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

ADOPTED this ____ day of September, 2011.

APPROVED:

_____________________________

Aron E. Cromwell, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________                      

Toni R. Wheeler                                                        

Director of the Legal Department

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of the Legal Department.