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Home My WebLink AboutDocumentation_Workshop_Tab 03_10/07/2013 ORDINANCE NO. 27-13 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 AMENDING THE TITLE OF DIVISION 8 AND SECTIONS 78-551 THROUGH 78-554 TO CLARIFY AND REVISE EXISTING REGULATIONS REGARDING THESE ACT[VITIES, 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 SECT[ON AND SUB- SECTION OF CHAPTER 78. ZONING. SHALL REMAIN [N 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 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 V illage 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: 1 DIVISION 8. GARAGE SALES AND �PECIAL EVENTS Sec. 78-551. ara�e sales and other outdoor sales in residential zones: uRermit required; #eer� limitation on number of permits �. No garage sale, carport sale, yard sale, �a�ke� outdoor sale, or other similar activities shall be permitted in any re ' nti 1 district, includine the residential �ortion of the mixed use district. without the issuance of a permit from the ommunitv Develonment Denartmen �g e€€�siR�. There shall be no fee charged by the village for the issuance of such permit. Not more than three �e permits 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: a�kpplication for permit; issuance. (a) Applicants for ��e�se�-�ee�g a garage sale or other outdoor sale permit in a residential zone shall first submit to the Communiri Develonment Denartment �i�3g-a�isi� a srve�e statement showing: (1) The name �� of the person n in s�e�seFi�+g the �araee sale or other outdoor sale saaes-ast-i�+�. (2\ T4.o ..* ..F .. :�4' ., �l..�t ..L..,il 1.,. .,:.i 1... ...1, +.. �I.e . � e 2J� f4} The a n 1e�►g�#►-e€��e-fef which the sale shall 4 ur e�e�. E� (b) The ommun�_.Deyelonment Director or desienee sh�ll_ issue the permit as a matter of i ht d te i a i h the ra r o h r o t s le o n t i 1 n f he this Code. Bv a� lvi for a nermit. the annlicant aerees to comnlv with all ermi reauirements, includine on-street narking reauirements , comme�+t [�twoll: �a�ase Saie a e�,�t �F561'$�FA(�};��&Cl� 9C CB'�'8� � 3�vciivir—WF�}�^�'� ^�'^^ ^��^�*�^^ �a�++ applicatlons and permiU must be revised to include direction regarding on-street parking, driveway > . access for neigh6ors, etc. + CORIIIICnt [KWD2]: Internal policy to provide , LEOs with list of garege sale sites for the particular day, so patrol officers can drive by to ensure ��. compHance with parking, ett. requirements. � Sec.78-553. Restrictions. (-s� Garage sales or other outdoor � sales in residential districts in the residential nortion Qf 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 prohibited. . , . , Sec. 78-554. araee sales and other outdoor sales in residential zones: cEleanup 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. 2 Secs. 78-555--78-5{�Q �SA. Reserved. ec. 78-561. Snecial events. (a) Permit reauired. Anv villaee resident. or anv villaee business holdina a current viltaee business tax receint nursuant to Cha�ter 70_ Article II. is el�gible to annlv for and obtain a s en cial event aermit nursuant �o this section. Anv such resident or business_that desires_to conduct anv �pe of snecial event within the viilaee must obtain a nermit from the villaee in order that the villaee mav adeauatelv nrovide for the notential imnacts created bv the nronosed event. A matcimum of four (41 such nermits shall be allowed ner address or ner business in anv sinele calendar vear. (b) Written adnlication Written an�lication must be submitted to the villaee Communitv evelonment De artment at least fo five (451 davs orior to the date for which the snecia vent is nro�osed: which annlication shall contain the followine information: 1. Tvne of event(s) nronosed. . Soonsor or nerson(s1 resnonsible for event. 3. Pro osed location with nronertv owner's written consent. 4. Pronosed date. commencement time and duration of event. S Annroximate number of particinan� Proof of insurance in amounts accentable to the villa�e for the tvae of event. 7. Exnected traffic. fire-rescue, and utilities imnact. if anv. and nronosed mitieation nlans. $. Conv of all reauired state and counri r�ermits if event will be held on or utilize state and/or �u�tv-controlled nronertv. 4� _� r�fitndable deoosit is reauired if the event is held on anv villag,e nronertv. The amount of this deposit s�iall be �et bv resolution of the__vill�¢e council. c) Minimum imnact All snecial events shall be coordinated with the villaee in order to lessen verse imnacts and to allow for continuous nrotection of the health. safetv and welfaze of all. In r er to arovide such nrotection. all aonlications for snecial events shall be reviewed and siened ff bv the Police Ch�f 1dl Alcoholic beveraQe service. The service of alcoholic beveraees at anv snecial event shall be ibited excent as set forth at Sec. 6-2 of the Villaee of Te uesta Code of Ordinances. el Final action. 1. After review bv. and with the recommendations of the Communi�y Development Director and the Police Chief. the Villaee Mana�er shall annrove the annlication. denv the annlication in whole or in nart• or annrove the a�lication with conditions 2. If the annlication is denied, the annlicant mav reauest an anneal to the villaee council. Such request must��rq�c�e in writine to the Villaee Manaeer within ten (101 davs of the denial. and shall be considered bv the villaee co�ncil at its next scheduled meetine . Anv nronosed snecial event whose attendance is contemnlated to exceed 200 neonle in total hall reauire final annroval bv the Villaee Council which. after considerine the recommendations of the Communitv Develonment Director. the Police Chief and the Villaee Manager. _ mav aoprove the annlication. denv the annlication in whole or in nart: or aonrove the a�lication with iti n . NonDrofit enternrises• fal The villaee mav issue non-nrofit nermits to anv �erson or oreanization for the conduct or Qneration of occasional sales and/or fundraisine nroiects held bv non�rofit entemrises. either r eularlv or temnorarilv. when the an�licant siens an affidav" h e annlicant onerates without 3 nr�vate nrofit. for a civic. nublic. charitable. vouth. service. educational. titerarv. fraternal. o elieious nurnose. (bl A nerson makine annlication under this section must comolv with all rules and nrocedures f r the erantine of snecial event nermits as set forth in this section. All oersons o�eratine under a ❑ot�-nrQ nermit shall onerate their nonnrofit enterorise in com�liance with this sectio and all - -- -- _ er rules and reeulations of the villaee. Anv nerson sienine a false affidavit nursuant to this section shall be subiect to a two hundred fiftv dollaz ($250 001 ftne for a first offence and a five hundred dollar (�500 00) ftne for a reneat offense. or mav be cited to the villaee code enforcement snecial maeistrate. (e) De�nition. For nurooses of this section. a"snecial event" is anv activitv. eatherine or Qrouo f nersons. vehicles or both. oreanized and havine a common �umose. unon nublic or nrivate tuonertY, which is likelv to inhibit the usual flow of vehicular or pedestrian traffic. which is likelv to creates noise in excess of that rinicallv associated with the azeas unon which the event is to occur, or which is likelv to oreemnt or restrict use of nrone►1y rinicallv accessible bv the eeneral nublic. Exam len s of snecial events include. but are not limited to block narties_ narades. r ces or walks. erand o�enine events. charitv fundraisers. and other similar events not snecificallv nermitted bv the village's zonine ordinance. (� VillaQe snonsored events. Soecia►_ events that a_re snonsored bv the Villaee and held on villa�e �ronertv shall be exemot om the nrovisions of this section. ecs.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 validiry 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. **Adoption of this code will necessitate revision to existing forms and fee schedule 4