ORDINANCE NO. 9487

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 6, ARTICLE 15, SECTION 6-1504, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO TEMPORARY SPECIAL EVENTS, AND REPEALING EXISTING SECTION 6-1504.

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

SECTION 1. Chapter 6, Article 15, Section 6-1504, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby 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 reason(s) 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 atfor any location. Type 4 events do not count against the permit limit. (Ord. 8089, Ord. 8665)

(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 Municipal Services and Operations 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 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 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 Municipal Services and Operations 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, Ord. 8665)

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 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.         

SECTION 2. Existing Chapter 6, Article 15, Section 6-1504, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code section.

SECTION 3. If any section, sentence, clause, 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 4. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of ________, 2018.

APPROVED:

___________________________________

Stuart Boley, Mayor

ATTEST:

__________________________________

Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler, City Attorney