[Ord. No. 2591, 9-13-2022]
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 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 event.
[Ord. No. 2591, 9-13-2022]
The terms used in this Article, for purposes of the regulations
in this Article, shall be defined as follows:
Any person(s), partnership, association, non-profit corporation,
a 501(c)(3) corporation, or other group that does not distribute its
surplus funds to its owners, shareholders or members, and whose activities
are conducted for charitable, civic, or humanitarian motives, or for
the benefit of others, and not for the private gain of any individual
or group and may include, but shall not be limited to, patriotic,
philanthropic, social service, welfare, benevolent, educational, civic,
fraternal, cultural, charitable, scientific, historical, athletic,
or medical activities.
A temporary, short-term use of land or temporary structure(s),
located, or conducted outside, that is, not within a permanent building
or structure. A special event may be on public or private street right-of-way,
public property, or private property within the corporate limits of
the City of Richmond, Missouri ("corporate limits"), and may include,
but not be limited to, the following types of activities:
ATHLETIC EVENTAn organized competitive or recreational event in which a group of people collectively engage in a sport or form of physical exercise, including, but not limited to running, jogging, walking, bicycling or skating, on any public street right-of-way or upon public property in the corporate limits.
AUTO SALES TENTA tent located on an auto sales lot for the purposes of a sales event and/or a promotional activity.
BLOCK PARTYA neighborhood event, in which a street is temporarily closed.
COMMERCIAL EVENTCommercial activities, either on the same property as the primary commercial use, or on other private commercial property, which are intended to sell, lease, rent or promote specific merchandise, services or product lines, including, but not limited to: tent sales, sidewalk sales, trade shows, flea markets, product demonstrations or parking lot sales of food, artwork, or other goods. This definition does not include mobile food vending (see Article VI).
ENTERTAINMENT OR AMUSEMENT EVENTAn organized event having as its primary purpose the entertainment or amusement of a group of people, including, but not limited to: carnivals, festivals, public firework displays, fairs, or concerts, on public or private property within the corporate limits.
FILM PRODUCTIONThe process of making a film on public or private property within the corporate limits.
NON-COMMERCIAL EVENTSFund-raising or non-commercial events sponsored by non-profit groups or non-profit organizations.
PARADEAny march or procession consisting of people, animals, or vehicles, or any combination thereof, except funeral processions, upon any public street, sidewalk, alley, jogging trail, or bike path, which does not comply with normal and usual traffic regulations or controls.
POLITICAL EVENTAn organized event, not including an athletic or entertainment event, having as its primary purpose the exercise of expressive activities of a political nature, including, but not limited to, speech making, picketing, protesting, marching, demonstrating, or debating public issues.
SEASONAL SALESChristmas tree sales, fruit, flower or vegetable sales, or sale of other seasonal products, when sold on property other than on the site where grown, constructed or assembled.
PRIVATE EVENTSEvents held on private property meeting all applicable codes and ordinances, including, but not limited to, wedding receptions and birthday events.
FARMERS' MARKETSee Article II.
GARAGE SALESSee Article IV.
FIREWORKS SALESSee Article V.
MOBILE FOOD VENDINGSee Article VI.
Signage that is temporary in nature, is not permanently attached
to the ground or sign surface, and is used to advertise any type of
special event as listed herein, whether or not a special event permit
is required.
[Ord. No. 2591, 9-13-2022]
A.
Except as otherwise provided under the exemptions section of this Article, Section 630.040, a special event permit is required for the following special events, as defined above:
1.
Athletic event.
2.
Commercial event.
3.
Entertainment event.
4.
Non-commercial event, unless conducted entirely on private property
owned or leased by the sponsoring non-profit group or organization.
5.
Seasonal sales event.
6.
Parades.
7.
Block parties.
8.
All special events requiring street closure.
9.
All special events which include street vendors to be located
on public right-of-way.
[Ord. No. 2591, 9-13-2022]
A.
The following special events are exempt from the requirements of
this Section and do not require a permit, unless the special event
requires street closure:
1.
Auctions/estate sales.
2.
Auto tent sales located on private property and on an existing,
legal, or legal non-conforming auto sales lot, and having a maximum
duration of six (6) weeks.
3.
Commercial event if it has a minimal impact on the community.
Criteria for determining minimal versus significant impact shall include,
but not be limited to, the following: 1) public services required,
2) tent or other structure, 3) traffic circulation, 4) parking considerations,
and 5) anticipated attendance. This could include centralized special
events held within a shopping center parking area, not connected to
individual businesses within the shopping center, with no off-site
impact. The City Clerk shall determine whether a permit is required
for a specific commercial event, based upon the proposed extent of
activities.
4.
Non-commercial event, if conducted entirely on private property
owned or leased by the sponsoring non-profit group or organization,
with a maximum duration of seventy-two (72) hours.
5.
Political events.
6.
Private events.
7.
Any special event sponsored or co-sponsored by the City. Such
events shall comply with the performance standards set forth herein.
A City event requiring street closure requires a special event permit.
8.
Any special event held within a public park. These events shall
be governed by other provisions of the Municipal Code regulating conduct
in City parks and recreation areas.
9.
Any business already operating under a use permit that regulates
the display and sale of outdoor goods or authorizes the operation
of any special event as defined herein.
[Ord. No. 2591, 9-13-2022]
B.
Fees For City Services. If the permit applicant requests City services,
or City staff determines the need or the City Council upon referral
or appeal, as described in this Article, determines, as a condition
of granting the permit, that public services or equipment must be
provided to protect the public health or safety, the applicant shall
be required to pay a fee for City services in accordance with the
City's Comprehensive Fee Schedule.[2]
[2]
Editor's Note: The City's Comprehensive Fee Schedule
is on file in the City offices.
D.
All non-profit groups or organizations as defined by definition are
hereby exempt from the permit fee. (Note: the application is still
required.)
[Ord. No. 2591, 9-13-2022]
A.
Application Required. A special event application shall be submitted for any special event requiring a special event permit, as outlined above under Section 630.030, Permit Required.
B.
Application Deadline. A complete application shall be submitted at
least forty-five (45) calendar days prior to the requested start date
of a special event. The City Clerk shall have the authority to waive
the application deadline.
C.
Submission Requirements. The application shall set forth and contain
the following information:
1.
Name and/or brief description of the event.
2.
Description of City services required for the event such as
traffic control, street sweeping, etc.
3.
Fees, as required.
5.
A statement that the standards set forth in this Article have
been satisfied.
6.
A site plan in the form and the level of detail as required
by the City Clerk, showing the location of all existing or proposed
uses, structures, parking areas, outdoor display areas, signs, streets,
and property lines.
7.
Date and time of the event to include start and ending dates
and times.
8.
Contacts: name and address of the owner of the premises on which
the proposed event is to be held and the name and address of the applicant.
9.
Written approval from the property owner agreeing to the proposed
event if the applicant is not the same as the property owner.
10.
Location and number of proposed temporary public toilets.
11.
Proposed temporary potable water supplies, which shall be reviewed
by the Public Works Department, pursuant to the Code of Ordinances.
13.
Proof of liability insurance. If the special event will take
place on public property, said certificate of insurance shall name
the City as an additional insured party in an amount determined by
the City Administrator based on the nature of the special event.
14.
A statement that ensures indemnification of the City and that
public property will be protected and/or restored to its condition
prior to the special event.
[Ord. No. 2591, 9-13-2022]
A.
Special events shall comply with the following standards:
1.
Location. Special events that do not require the use of public
property, or right-of-way shall be conducted on private property in
a commercial or industrial zoning district, except that non-profit
organizations may conduct special events on any property where the
owner has granted permission. For all special events that require
the use of public right-of-way, the permit shall clearly specify the
streets to be used for the event and the time that the streets will
be closed, if applicable.
2.
Land-Use Compatibility. The special event shall be compatible
with the purpose and intent of this Section 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. The special event shall
not 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 it.
3.
Compliance With Other Regulations. All applicable provisions
of the Building Code (Title V of the Code of Ordinances) shall be
met. Permit holders must at all times comply with all applicable legal
and regulatory provisions, including, without limitation, health code
regulations.
4.
Restoration Of The Site. Any temporary structure shall be promptly
removed 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 all litter, signage, attention-attracting
devices, or other evidence of the special event. If the site is not
returned to its previous condition, the City may restore the site
at the expense of the applicant.
5.
Hours Of Operation. The hours of operation of a special event
shall be consistent with the surrounding land uses.
6.
Duration. The maximum duration of a special event shall be as
set forth below, unless modified by conditions attached to the issuance
of the special event permit.
7.
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. All sidewalks shall be left open for pedestrian traffic
unless special approval is received for blockage. No alleys, driveways,
fire lanes or other access points shall be blocked by the special
event unless specific approval is granted for the special event.
8.
Parking Restrictions. Approval of a short-term parking restriction
can be granted through a special event application as determined by
the Police Chief. Special event permit recipients shall be responsible
for securing, installing and immediate removal of all required no
parking signs upon cessation of the event.
9.
Street Closings And Temporary Traffic Control. Special event
permit holders shall be responsible for securing, installing and immediate
removal upon cessation, all required temporary traffic control, including,
but not limited to, all barricades and signs when street or lane closures
are approved. All temporary traffic control shall be in accordance
with the Manual on Uniform Traffic Control Devices, subject to approval
by the Police Chief, and Fire Chief.
10.
Off-Street Parking.
a.
All off-street parking surfaces used for the special event shall
be concrete or asphalt.
b.
No more than twenty percent (20%) of the parking stalls required
for the structure associated with the parking lot in which the special
event occurs shall be permitted to be used for a special event.
c.
For seasonal sales events with a duration of over ninety (90)
days and up to one hundred eighty (180) days, no more than ten percent
(10%) of the required parking stalls shall be permitted to be used
for the special event.
d.
Special events shall not cause a shortage of parking for the
primary use on the property on which they are located. Special events
shall not create a shortage of parking for uses on properties surrounding
the property on which they are located.
11.
Anchoring Devices. No spikes, nails, anchors, or other devices
shall be driven into any public street or sidewalk. Such devices may
be used on private parking lots, provided any damage resulting therefrom
shall be repaired upon cessation of the event and removal of the devices.
12.
Fire Safety. The City's Fire Department shall be consulted
for the following requirements and inspection, as necessary:
a.
Fire lanes a minimum of twenty (20) feet in width and twelve
(12) feet in height or as otherwise approved by the Fire Chief, must
be provided in order to allow Fire Department access within one hundred
fifty (150) feet of all structures and on at least two (2) sides of
all two (2) story structures within five hundred (500) feet of the
location of the special event.
b.
All fire hydrants in the area of the special event must be left
with five (5) feet of clearance on all sides and shall be accessible
from the fire lanes that are designated with the event.
c.
No open fires shall be permitted unless advance approval is
obtained from the Fire Department.
d.
Fire extinguishers shall be available as determined by the Fire
Chief.
e.
Temporary electrical wiring for the special event shall be installed
in accordance with the requirements of the National Electrical Code.
f.
Tents shall comply with the Fire Code and applicable building
codes.
g.
Exit signs and proper exiting aisles shall be provided in temporary
special event structures.
13.
Public Conveniences And Litter Control. Adequate on-site restroom
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.
14.
Nuisances. The special event shall not generate excessive noise,
dust, smoke, glare, spillover lighting or other forms of environmental
or visual pollution.
[Ord. No. 2591, 9-13-2022]
A.
No separate sign permit shall be required for signs related to a
special event.
B.
Signs related to a special event which requires a special event permit,
as defined, and regulated in this Article, shall be allowed only as
authorized in the approval of the special event by the Community Development
Director. The time limit for temporary signs advertising the event
shall be specified in the special event approval, with thirty (30)
days being the standard guideline.
1.
Signs for community-wide special events, as determined by the
City Clerk, may be placed off-site on private property, subject to
approval of the location(s), and permission of the property owner(s).
2.
Signs for special events that are not community-wide, as determined
by the Community Development Director, may only be placed on the property
where the event is being held.
C.
Signs related to a special event not requiring a special event permit
shall be allowed only on the property where the event is being held.
[Ord. No. 2591, 9-13-2022]
A.
The City Clerk may approve any special event permit after determining
that the event will comply with all special event performance standards
and application criteria and requirements.
B.
Appeal Of Denial.
1.
The denial of any application by the City Clerk shall be in
writing.
2.
The applicant, in the event of a denial of a special event permit,
and a permit holder, in the event of the revocation of a special event
permit, shall have the right to appeal a decision of the City Clerk
to the City Council.
3.
Appeal To City Council. Applicants denied a special event permit
may appeal to the City Council by filing such appeal with the City
Clerk with full documentation supporting his or her application within
ten (10) days of the denial.
4.
Schedule. Appeals shall be placed on the first available City
Council meeting agenda for consideration.
5.
City Council Consideration. The City Council action shall be
final and may include additional fees to cover the cost of providing
City services and/or any other conditions deemed necessary to protect
the general welfare of the City and the public.
C.
Prohibition On Transfer. No special event permit issued under the
provisions of this Section shall be assignable or transferable to
any other person or transferable to another location for the operation
of a special event by that person or at a different location.
D.
Conditions Of Approval. When issuing a special event permit, the
City Clerk and City Council may establish additional 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.
Limitation Of Events. Special events which require City services
during the event shall be limited to one (1) per day or per weekend
subject to availability of personnel, as determined by City staff.
Scheduling shall be on a first-come-first-served basis.
2.
Signs. The number, size, location, or time limit for signs may
be limited.
3.
Temporary arrangements for parking and traffic circulation.
4.
Modifications or restrictions on the hours of operation, duration
of the event, size of the event or other operational characteristics.
5.
The provision of traffic control or security personnel to ensure
the public safety and convenience.
6.
Posting of security, in an amount required by the City Administrator,
for special events where the anticipated attendance is one thousand
(1,000) or more people to help ensure that the operation of the event
and the subsequent restoration and cleanup of the site are conducted
according to required special event standards and conditions of approval.
