§ 19-7. Variances.

A variance is not required under this section for any activity or event in a park that would otherwise constitute a violation of this article provided the event or activity was approved in writing by the special events committee. The city manager, upon the recommendation of the parks and recreation director or the public events director, may grant variances from the requirements or prohibitions contained in this chapter if it is deemed in the best interest of the city. A variance issued by the city manager under the authority granted herein may be withdrawn or voided at any time, with or without notice, by the city manager or by action of the board of commissioners. Any variance requested herein, shall include and be based upon, consideration of the following criteria in relation to the proposed activity or event:

(1)

Impact on public health and safety.

(2)

Impact on transportation and traffic within the park.

(3)

Access to emergency services.

(4)

Undue hardship, unnecessary inconvenience or excessive noise levels to adjacent businesses or residents.

(5)

Availability and/or diversion of city resources.

(6)

Compliance with other city, county, state and federal permits as required by law.

(7)

Risk of liability, if any, to the city and/or the participants.

(8)

Adverse impact, if any, on access and operation of businesses and homeowners.

(9)

Impact on local economy and city revenues.

(Ord. No. 8-2003, § 1, 2-4-2003; Ord. No. 3-2010, § 1, 2-2-2010; Ord. No. 39-2012, § 1, 8-7-2012; Ord. No. 28-2017, § 4, 10-17-2017 )