[Ord. No. 2327 §1, 3-18-2003]
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 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. 2327 §1, 3-18-2003]
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:
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Special Event Type
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Description
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|---|---|
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Type 1. Special Seasonal Events:
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Organized seasonal events such as holiday light display attractions,
Christmas tree sales, fruit or vegetable sales or sale of other seasonal
produce or goods.
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Type 2. Non-commercial Events:
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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) person are invited or
attend and any on-site signs and structures in conjunction with special
events.
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Type 3. Signage and Promotional Activities:
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Activities or devices intended to attract attention to a specific
place, business, organization, event or district such as banners,
tents and attention-attracting devices as defined in the sign code.
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Type 4: Commercial Events and Public Attractions:
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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,
product demonstrations or festivities; or public events intended primarily
for entertainment or amusement, such as a carnival, circus, concert,
fair, turkey shoot, art display, dance, rally, parade, athletic competition
or festival and any similar activity not involving the erection of
any permanent structure or facility.
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[Ord. No. 2327 §1, 3-18-2003]
A.
The
following special events are exempt from the terms and conditions
of this Chapter (although they may be subject to other regulations):
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 Pacific 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. 2327 §1, 3-18-2003]
Any person desiring to operate any special event requiring a
special event permit shall submit a written application to the Building
Commissioner on the form provided by the City. No special event subject
to the provisions of this Chapter may be held until a permit is obtained
from the City pursuant to this Chapter. The applicant shall provide
the City with all information requested on the form and any other
or additional information as may be requested by the Building Commissioner
to ensure compliance with all legal requirements. 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. 2327 §1, 3-18-2003]
A.
Special
events satisfying all the requirements of this Chapter may be permitted
administratively by the Building Commissioner, subject to the prior
review and approval of the Building Department, Department of Public
Works, Police Department and Fire District. If the Building Commissioner
is unable to determine if all requirements of this Chapter are satisfied,
the Building Commissioner 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, the required fee paid and the Building Commissioner or Board
of Aldermen finds that the standards for issuance set forth in this
Chapter have been satisfied.
B.
All
other special events not fully satisfying the criteria of this Chapter
may be granted a special event permit only by the Board of Aldermen
after review and report by the Building Commissioner based on the
review of the Building Department and Department of Public Works.
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 Chapter and the
appropriateness of the event in light of the standards set forth herein.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2793 §1, 6-21-2011]
A.
Subject to additional conditions imposed pursuant to Section 401.070, special events shall comply with the following standards:
1.
Land-use compatibility. The special event shall
be conducted on the applicant's own property or on 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 Chapter and with adjacent 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.
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, International Code and all sight distance
requirements of the City as well as all applicable City, State and
Federal health, safety, environmental and other applicable requirements.
3.
Prompt cleanup upon the cessation of the event. Within
forty-eight (48) hours of cessation of the event, the site shall be
returned to its previous condition, including the removal of any and
all temporary structure(s), litter, signage, attention-attracting
devices or other evidence of the special event, restoration of all
disturbed ground cover and removal of any erosion control devices.
4.
Hours of operation and duration. The duration and
hours of operation of a special event shall be consistent with the
surrounding land uses and as permitted by the City. The permitted
event activity shall only be allowed between the hours of 7:00 A.M.
and 10:00 P.M., unless otherwise expressly approved by the Board of
Aldermen in the express terms of the special event permit. In no circumstances
shall a special event exceed the maximum duration set forth below:
|
Special Event Type
|
Maximum Total Duration
|
Exceptions
|
|---|---|---|
|
1
|
90 days
| |
|
2
|
30 days
|
Signage shall not exceed sixty (60) days total
|
|
3
|
30 days
|
Shopping centers may hold centralized special events not connected
to individual businesses within the shopping center that do not exceed
thirty (30) days in a calendar year
|
|
4
|
7 days
|
5.
Frequency. The maximum number of special events
(including combinations of event types) on the same property shall
be two (2) times per calendar year, excluding a shopping center which
may be allowed additional at the discretion of the City.
6.
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.
7.
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 Building Commissioner.
8.
Parking lot stalls used for 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. 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.
9.
Public safety, conveniences and litter control. Adequate
on-site restroom facilities and solid waste containers shall be provided
and, if necessary, on- and off-site crowd control services. The applicant
shall calculate the demand for such facilities and/or services and
specify how the need will be addressed.
10.
Appearances and nuisances. The special event shall
be compatible in intensity, appearance, usefulness, enjoyment and
value with surrounding land uses. The event shall not generate excessive
noise, dust, smoke, glare, spillover lighting or other forms of environmental
or visual pollution.
11.
Signs. With its application, the applicant shall
submit renderings of any proposed signage for City review. 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:
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Type, size and duration of the proposed event or use, safety
considerations (sign-distance setbacks, sidewalks in area, etc.);
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Lighting considerations (disturbance of nearby residents and
adverse effects on traffic on adjacent streets);
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Proposed location of the sign(s); and
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Aesthetic concerns (appearance, illumination, number and size
of signs proposed).
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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.
A banner may be displayed for a maximum duration of fifteen (15) days
per permit.
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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, paramedic 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 is required for all Type 1, 2 and 4 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 Building Commissioner
and in the form approved by the City Attorney.
14.
If a permit application cannot be approved administratively and requires
approval by the Board of Aldermen and the City of Pacific is under
a Federal, State or local order relating to protection of the public
health, the applicant shall be required to submit a plan documenting
how the event will comply with such orders. Applications that cannot
sufficiently demonstrate compliance with such public health order(s)
shall be rejected.
[Ord. No. 3202, 6-16-2020]
[Ord. No. 2327 §1, 3-18-2003]
A.
The
Building Commissioner 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.
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.
Limitations on signs;
4.
Temporary arrangements for on-site rest-room facilities, security,
parking and traffic circulation;
5.
Requirements for screening/buffering, site restoration and cleanup
following the special event;
6.
The posting of a sufficient performance guarantee 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. 2327 §1, 3-18-2003]
A complete application shall be submitted to the City at least
twenty-one (21) days prior to the requested start date of any special
event. The Building Commissioner shall review the application and
attachments to determine compliance with the standards of this Section.
Within fourteen (14) days after the City filing of a complete application,
the Building Commissioner shall grant, grant with conditions, deny
or forward to the Board of Alderman any special event application.
If any application is denied by the Building Commissioner, the Building
Commissioner shall notify the applicant of the denial in writing.
The applicant shall have the right to appeal the denial of any special
event application to the Board of Aldermen within ten (10) days of
the date of the Building Commissioner's written denial. If approved,
the applicant shall obtain all other required permits, certificates
and licenses that may be necessary.
[Ord. No. 2327 §1, 3-18-2003]
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.
