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Home My WebLink AboutDocumentation_Regular_Tab 06_04/08/20101. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 4/8/10 Meeting Type: Regular Ordinance #: 7-10 Consent Agenda: No Resolution #: Click here to enter text. Originating Department: Council 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 7-10, First Reading, Amending Garage Sales and Other Outdoor Sales, by Creating an Entirely New Section 78-561. Special Event Permits, to Provide Regulations and Application Requirements for Conducting Special Events within the Village 3. BUDGET /FINANCIAL IMPACT: Account #: click here to enter text. Amount of this item: Click here to enter te:.~t Current Budgeted Amount Available: Amount Remaining after item: L,j~Ci< ~~~~. `•.U C _- ~ :x"r a !ICK iiE ~' .~` E'iii~. i~, Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. iten 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance submitted as a result of the 3/24/10 Workshop. LPA Hearing not required. 5. APPROVALS: Dept. Head: Finance Director: ^ Reviewed for Financial Sufficiency No Financial Impact Attorney: (for legal sufficiency) Yes ^ No ^ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ • DENY ITEM: ^ Form amended 08/26/08 ORDINANCE NO.7-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES, BY CREATING AN ENTIRELY NEW SECTION 78-561. SPECIAL EVENT PERMITS, TO PROVIDE REGULATIONS AND APPLICATION REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS WITHIN THE VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL REMAIN 1N FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council desires to provide regulations and application requirements for conducting special events within the village; and WHEREAS, the Village Council believes the code amendments contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental regulations, Division 8. Garage sales and other outdoor sales, by creating an entirely new Section 78-561. Special event permits, to provide regulations and application requirements for conducting special events within the village; providing that Division 8. Garage sales and other outdoor sales. shall hereafter read as follows: DIVISION 8. GARAGE SALES ANB-AT#€t~ OUTDOOR SALES AND SPECIAL EVENTS Sec. 78-551. Garage sales and outdoor sales. pRermit required; fee; limitation on number of permits. No garage sale, carport sale, yard sale, flea market, outdoor sale, or other similar activities shall be permitted in any district without the issuance of a permit from the building official. There shall be no fee charged by the village for the issuance of such permit. Not more than two permits shall be issued to any one street address, property legal description, property owner, or organization during any single calendar year. Sec. 78-552. araae sales and outdoor gaiQa a~4pplication for permit; issuance. (a) Any person seeking a garage sale or outdoor sale permit shall first submit to the building official a sworn statement showing: (1) The name of the person sponsoring the sales activity. (2) What purpose the proceeds of the sale are to be used for. (3) The amount of commission, if any, that shall be paid by such person to the person conducting the business, if applicable. (4) The length of time for which the sale shall extend. (5) The names of persons directing the sales activity. (b) The building official may thereupon, at his discretion, grant or reject the application, withhold action on any application pending investigation, or submit the application to the village council for its approval. The building official shall be guided in the exercise of his discretion, and shall take into account that the issuance of a sales permit does not in any way sanction the creation of a nuisance. Sec. 78-553. Restrictions. (a) Residential districts. Garage sales or yard sales in residential districts are permitted only on Saturdays between the hours of 8:00 a.m. and 5:00 p.m. Such sales at any other time of day are prohibited. (b) Commercial districts. Except as provided for in section 78-295(1), outdoor sales are prohibited within any commercial district within the village. However, application may be made for outdoor sales by nonprofit organizations for special events. The permit shall be issued as a matter of right if it is determined by the building official that the special event does not violate any of the terms of this Code. Sec. 78-554. araae sales and outdoor sales. cGleanup of site. All sites of garage sales or outdoor sales shall be left in a clean and orderly manner upon completion of the sales activities. Secs. 78-555--78-~Q SBA. Reserved. ec. 78-561. Suecial event uermits. (a) Residents and licensed businesses. 1) Permit reauired. Anv person who is a village resident. or anv corporation. or other business entity of anv kind whatsoever. that is licensed by the village pursuant to Chapter 70. Article II, is eligible to apply for and obtain a special events permit pursuant to this section. Anv such person or business entity who desires to conduct anv type of s ecial event within the village must obtain a permit from the village in order that the village may adeauately provide for the potential impacts created by the proposed event. Permits for activities which are substantially similar or related to the business activity for which the applicant holds a village business tax receipt and which neither cause an undue burden to the village nor reflect unfavorably upon the village shall not be unreasonably withheld. However. a maximum of four (4) such permits shall be allowed per residence or licensed entity in anv twelve (12) month period. (2) Written application. Written application must be submitted to the village clerk at least thirty (30) days prior to the date for which the snPrial avant ~~ nrnnncari• avh~rh - - ..~ application shall contain_the following info_rm__ati_on~ a. Type of event(s) proposed. Sponsor or person(s) responsible for event c. Proposed location with property owner's written consent d Proposed date commencement time and duration of event e. Approximate number of participants. f. Proof of insurance. g._ Traffic. fire-rescue. utilities impact. if anv and proposed mitigation plan h. Copy of all required state and county permits if event will be held nn nr iiti~i~a ctata and/or county-controlled property. i. A refundable deposit is required if the event is held on village property The amount of this deposit shall be set by resolution of the village council_ (3) Minimum impact. All special events shall be coordinated with the village in order to lessen adverse impacts and to allow for continuous protection of the health safety and welfare of all. In order to provide such protection. all applications for special events shall be submitted to the village manager and police chief for review. and to the village council for final action. The vitlaae council may approve the application deny the a pication in whole or in part: or may approve the application with conditions. (4) Alcoholic beverage service. Anv approved special event at which alcoholic beverages will be served shall require the applicant to coordinate. with the village police chief regarding the provision of security personnel during said special event. The provision of security personnel to the satisfaction of the police chief shall be a condition of approval for the special events permit. b) Nonprofit enterprises. (1) The vitlaae shall issue non-profit permits to anv person or organization for the conduct or operation of occasional sales and/or fundraising projects held by nonprofit enterprises. either regularly or temporarily. when the applicant signs an affidavit that the a plicant operates without private profit. for a civic. public. charitable. youth. service. educational. literary. fraternal. or religious purpose. (2) A person making application under this section must comply with all rules and procedures or the granting of special event permits as set forth in subsection (a) hereinabove. All persons operating under a non-profit permit shall operate their nonprofit enterprise in compliance with this section and all other rules and regulations of he vitlaae. 13) Anv person signing a false affidavit pursuant to this section shall be subject to a two hundred fifty dollar ($250.00) fine for a first offense and a five hundred dollar ($500.00) fine for a repeat offense. or may be cited to the vitlaae code enforcement s ecial magistrate. Secs.78-562--78-580. Reserved. Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage.