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HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_08/05/2013 ORDINANCE NO. 27-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VTLLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZO1vING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES, BY AMENDING THE TITLE OF DIVISION 8 AND SECTIONS 78-551 THROUGH 78-554 TO CLARIFY AND REVISE EXISTING REGULATIONS REGARDING THESE ACTIVITIES, AND 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 IN 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 amend its existing code to clarify and update the sections that regulate garage sales and outdoor sales, and to provide regulations and application requirements for conducting special events within the village; and WHEREAS, the Village Cou.ncil 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 amending the title of Division 8, amending Sections 78-551 through 78-554; and 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: 5 � DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES IN RESIDENTIAL 7.ONF ; SPECiAi. EVENTS IN COMMER,�'LAS, tiONFS Sec. 78-551. Gara�e sales and other outdoor sales in residential zones: n�ermit required; �ee; limitation on number of permits ne�. No garage sale, carport sa1e, yard sale, � outdoor sale, or other similar activities shall be permitted in any residential district, includin� the residential nortion of the mixed use district, without the issuance of a permit from the Communitv Develonment Denartment �g �. T'here sha11 be no fee charged by the village for the issuance of such permit. Not more than three t�ve pertnits shall be issued to any one street address, ', , during any single calendar year. Sec. 78-552. ara�e sales and other outdoor sales in residential zones: at�pplication for permit; issuance. (a) Any person seeking a garage sale or other outdoor sale permit in a residential zone shall first submit to the Communitv Develonment Denarhnent ��g-a€� a s�e� statement showing: (1) The name and address of the person conductin� s�s�se��g the �ara�e sale or other outdoor sale � r • � � „a,,,,�;,,,. ��..o �.,,�;,,o ;�.,..��;,.,,�.�o °, . 2� {43 The dav unon �e which the sale shall occur e�e��. � �r�.o „ ,.��o,.�„�� a;..o,.+;,,,. +i,o �.,�o., .,,.+;.,;,�, (b) The Communitv Develonment Director or desi�nee shall issue the bermit as a matter of ri ht unon determination that the �arage sale or other outdoor sale does not violate anv of the terms of this Code. , , > > � Sec.78-553. Restrictions. �a-} Garage sales or other outdoor � sales in residential districts,_or in the residential nortion of a mixed use district, 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 prolubited. . , . , Sec. 78-554. araEe sales and other outdoor sales in residential zones: c�leanup 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--78-5,�CQ �88. Reserved. Sec. 78-561. Snecial event,.2ermits in residential or commercial zones. al Businesses. 11 Permit reauired. Anv resident. or anv business holding a. current villa.�e business tax receint nursuant to Chanter 70. Article II, is eli�ible to annlv for and obtain a snecial events ermit nursuant to this section. Anv such resident or business that desires to conduct anv tvne of snecial event within the village must obtain a nermit from the villa�e in order that the villa�e mav adeauatelv nrovide for the notential imnacts created bv the bronosed event. A maximum of four (41 such bermits shall be allowed ner residential address or ner business in anv sin�le calendar vear. (2) Written anplication. Written annlication must be submitted to the villa�e Communitv Develonment Denartment at least thirtv (301 davs nrior to the date for which the snecial event is uronosed: which annlication shall contain the following information: a. Tvne of event(s) nronosed. b. Snonsor or nerson(sl resnonsible for event. c. Pro�osed location with nronertv owner's written consent. d. Pronosed date. commencement time and duration of event. e. Annroximate number of narticinants. f. Proof of insurance in amounts accentable to the villase for the tvne of event. �. Traffic. fire-rescue, and utilities imnact. if anv. and nronosed miti�ation nlans. h. Conv of all reauired state and countv nermits if event will be held on or utilize state and/or countv-controlled nronertv. i. A refundable denosit is reauired if the event is held on anv village nronertv. The amount of this denosit shall be set bv resolution of the villa�e council. 31 Minimum impact. All snecial events shall be coordinated with the villaee in order to lessen adverse imnacts and to allow for continuous nrotection of the health, safetv and welfare of all. In order to brovide such nrotection, all apnlications for snecial events shall be reviewed and siQned off bv the Police Chief. �41 Alcoholic beverage service. The service of alcoholic bevera�es at anv snecial event shall be brohibited excent as set forth at Sec. 6-2 of the Villa�e of Teauesta. Code of Ordinances. 51 Final action. a. After review bv. and with the recommendations of the Communitv Develonment Director and the Police Chief. the Villa�e Manager shall annrove the annlication, denv the annlication in whole or in nart; or annrove the annlication with conditions. b. If the annlication is denied. the annlicant mav reauest an anneal to the villa�e council. Such reauest must be made in writin,�to the Communitv Develonment Director within ten (101 davs of the denial, and shall be considered bv the village council at its next scheduled meetin�. c. Anv nronosed snecial event whose attendance is contemnlated to exceed 200 beonle in total shall reauire final annroval bv the Villase Council which, after considerin� the recommendations . of the Communitv Develonment Director, the Police Chief and the Villa�e Mana�er. mav apnrove the an�lication. denv the annlication in whole or in nart; or annrove the annlication with conditions. (bl Nonprofit enternrises. 1) The villase shall issue non-nrofit nermits to anv nerson or or�anization for the conduct or operation of occasional sales andlor fundraisin� nroiects held bv nonnrofit enterarises, either re�ularlv or temnorarilv. when the annlicant si�ns an affidavit that the anblicant onerates without nrivate nrofit. for a civic, nublic, charitable. vouth. service, educational, literarv, fraternal, or reli�ious nuraose. (2� A nerson makin� annlication under this section must comniv with all rules and nroceduras or the grantins of snecial event nermits as set forth in subsection (al hereinabove. All bersons operatin� under a non-nrofit nernut shall operate their nonnrofit enterarise in comnliance with this section and all other rules and reaulations of the village. (31 Anv nerson si�nin� a false �davit nursuant to this section shall be subiect to a two hundred fiftv dollar ($250.001 fine for a first offense and a five hundred dollar ($500.001 fine for a reneat offense, or mav be cited to the village code enforcement snecial ma�istrate. (c) Villa�e snonsored events. Sbecial events that are snonsored bv the Villa�e and held on villa�e nronertv shall be exemnt from the provisions of this section. 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. , � Special Event De�nitions Block Party A closure of no more than one block of a local street, usually residential, for small-scale events, such as potluck dinners and holiday barbecues. Less than 300 people expected to attend. The broadcast or amplification of sound outdoors may be allowed as long as it does not create an unreasonable disturbance. The event must be non-commercial in nature. Event request must be submitted at least two weeks before the event begins. Miscellaneous Event A non-commercial event that does not fit the block party definition, such as a wedding reception or graduation party. Less than 300 people expected to attend. The broadcast or amplification of sound outdoors may be allowed as long as it does not create an unreasonable disturbance. A temporary street closure may be allowed to enhance public safety. The event may occur in a public park. Most parks in Tequesta are managed by the Parks and Recreation Department. Please call (561) 768-0470 to reserve a park [I don't know if the village does this or not�. Event request must be submitted at least two weeks before the event begins. Major Community Event An event with expected attendance of 300 or more people per day that will have amplified sound outdoors. The broadcast or amplification of sound outdoors may be allowed as long as it does not create an unreasonable disturbance. Temporary closure of streets may be allowed to enhance public safety. The event must be non-commercial in nature. The event may occur in a public park. Most parks in Tequesta are managed by the Parks and Recreation Department. Please call (561) 768-0470 to reserve a park [I don't know if the village does this or not]. Event request must be submitted at least 30 days before the event begins. Special Athletic Event A bike, run or walk on a public right-of-way that involves the interruption of normal traffic flow, closure of a street, or by the nature of the event, promotes violation of traffic laws. Event request must be submitted at least 30 days before the event begins. A"special event" shall mean any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park, or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public. A special event shall include but not be limited to a festival, carnival, concert, parade, walk, race, fund raising sale and similar gatherings, block party, grand opening promotions and other similar events not specifically permitted by the zoning ordinance.