§ 29-01-090. Regulation of special events.

(a)

Purpose and intent . It is the purpose and intent of these temporary use regulations to establish procedures for permitting certain types of temporary activities. The intent is to prevent the creation of any nuisance or annoyance to the occupants of or visitors to adjacent buildings or premises while avoiding lengthy or costly approval procedures.

(b)

Special event definition . A special event includes but is not limited to carnivals, circuses, fairs, festivals, animal displays, amusement rides, flea markets (not inside a permanent structure), special events promoting local agricultural products, arts and crafts markets, promotions, Christmas tree sales, retail sale of fireworks, special sales events, auto sales events, neighborhood parties, and similar public assemblies on public or private property.

(c)

Temporary activity structure definition . Temporary activity structures are those structures, facilities, or uses that occur on a seasonal or sporadic basis and involve the processing and/or sale of commodities, or are needed in conjunction with a special event.

(d)

Issuance . A special event permit may be issued to authorize a special event within all zoning districts of the city.

(1)

Eligibility . A special event permit may be administratively issued if:

a.

The requested special event does not exceed a total of ten (10) days (to include set-up and dismantling);

b.

The event occurs no more than twelve (12) times in a twelve-month period;

c.

If an event will be held more than twelve (12) times in a one (1) year period, the applicant must seek city commission approval.

(2)

Submission requirements: Thirty (30) days prior to the event, the applicant shall submit:

a.

An application.

b.

Applicable fees.

(3)

Street closure. Any event that requires street closures must apply for a separate permit and pay applicable fees. Permits shall be granted by the city manager when deemed to be in the interest of public safely.

(4)

Procedure:

a.

At least seven (7) days after approval of the permit, the permit shall be publically posted by the city.

b.

If the city manager approves the administrative special event permit, s/he shall sign the application for the city. The city manager may require such additional conditions as well, in his/her judgment, secure substantially the objectives of the district regulations.

(e)

Permit for a temporary activity structure . A permit for a temporary activity structure may be issued to authorize a temporary activity structure, such as stands, tents, canopies and other similar structures, to be located within all zoning districts of the city.

(1)

Exemptions . The following do not require a permit for a temporary activity structure:

a.

Any trailer, mobile housing unit or recreational vehicle as defined in Section 25-01-010 of this Code;

b.

An accessory structure used solely for storage which lacks indoor plumbing but which otherwise complies with the New Mexico Building Code;

c.

A structure erected on property owned by the city, including the county fairgrounds;

d.

A structure used as a construction office at a site where construction work is being carried on;

e.

A structure which complies with the New Mexico Commercial Building Code, except for attachment to a foundation, used for instruction at a school.

(2)

Submission requirements . The applicant is required to submit to the city the following:

a.

Completed application form together with support documentation; and

b.

Applicable fees in accordance with section 2-01-030(i) of this Code.

(3)

Prior determinations for temporary activity structure permit approval . The city manager shall only approve an application for a temporary activity structure permit, if all of the following findings can be made:

a.

The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.

b.

Increased traffic caused by the temporary activity structure will not adversely affect the surrounding neighborhood or city at large.

c.

The proposed temporary activity structure is consistent with all city regulations and codes.

d.

The city manager may impose such conditions on a temporary activity structure as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare.

(f)

Appeal of administrative review decision . Any person who is dissatisfied with the decision of the city manager may appeal that decision to the city commission.

If the applicant disagrees with the conditions set by the city manager, the applicant may appeal to the city commission.

(Ord. No. 1531 , § 5, 12-6-16)