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Home My WebLink AboutDocumentation_Regular_Tab 19_10/10/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 27-13 10/10/13 Consent Agenda: No Resolution #: Originating Department: ATTORNEY - _ � � � • • • • - : ° o a .6' ��°Y°z��.;�j�; �.; __ __ ORDINANCE 27-13, FIRST READING, AMENUINC� CI—IAF��u �:C � la�. �� a�9�G�.4� �. ;�� d�.0 :�u U� ��.1 N�s, 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 � . . •, Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: � � ' • � •' . . • �' • � • .�- �. See above ,.._� , . Department Head Submitted by Attorney Finance Director �� , .�� Reviewed for Financial S�tfficiency ❑ � �� % , � f No Financial tmpact [�' -- �` , �� Attorney: (for legal sufficiency) ' � Village Manager: Submit for Council Discussion: Q $�� °�° ; F� z � Approve Item: ❑ � \ � . Deny Item: � _ _ _ --�. __ __. _ __ _ _ � � �_ e � - _� (li•;.iV':rc; .,M��I �"'C; Yfl'1P 9111'�" ! II(; Il(�'t�' �i�r�, �� r�ilq i'� f��), i�lNi.��;1C�k i!�il�'?; • — • • • ' • • ' • . • • . ° e ° �Qr'�1�� "Il (��tlfl! 11i i1=:11(fll)j Form Amended: 7112/12 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 ACTIVITIES, AND BY CREATING AN ENTIRELY NEW SECTION 78-561. SPECIAL EVENT PERMITS, TO PROVIDE REGULATIONS AND APPLICATION REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS WTTHIN THE VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN F[JLL 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 gazage 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 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 ?8-554; 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. shatl hereafter read as foliows: 1 DIVISION 8. GARAGE SALES AND SPECIAL EVENTS Sec. 78-551. Gara�e sales and other outdoor sal es in residential zones: n�ermit required; €e� limitation on number of permits ner vear. No garage sale, carport sale, yard sale, .�'n°-,�� outdoor sale, or other similar activities shall be permitted in any residential district includina the residential _portion of the mixed use district without the issuance of a permit from the Communitv Develonment Deaartment �g e€€�sia�. There shall be no fee charged by the village for the issuance of such permit. Not more than three �we permits shall be issued to any one street address, , , during any single calendar year. Sec. 78-552. Gara�e sales and other out sales in residential zones: a�4pplication for permit; issuance. (a) Applicants for ^^�� ^°�°^� °°°'�:^^ a garage sale or other outdoor sale permit in a residential zone shall first submit to the Communitv Deve De�artment '��'a�^^ ^f�^�°' a sweri� statement showing: � ( l) The name and address of the person conductin� s�e�tser�g the eara�e sale or other outdoor sale °^�:��nT. - — �� a��,... o *�,o ., ooa� „v.tio �.,io ., o.,, �o ..�o,� � . ('2\ Tl r F :4' �l,.,r �I,�I1 L.o .,:.J 1.,, .•t, r�v,. i�:i��vi ,...�zrni.s-iH� i.,,�;.,o�� :F.,....1:..�i,to � . . . . �2 {�-} The dav upon'°^^*" ^F*;^ �^� which the sale shall occur �d. � n",° ::....._., ��„o .......... ..:..o,..:..,..�,e �.,ie� ��*:.,:,,, -- t,� .............��.. . ..� .�., .. .�. (b) The Communitv Development Director or desi�.niee shall issue t pe rmit as a matter of rieht upon determinatio�i that the �ara�e sale or other outdoor sale does not violate anv of the terms of this Code. _Bx ap�lvine for_a�ermit the_applicant a�ees to comalv with al�ermit 1...:1,�1:.,.. .,f4;..:..1 .,, ., +l.oro,,,,.,,, �t R�� COrilment [KWDl]: Garagesale permit reauirements includine on-street parkine reauirements , applications and permits must be revised to include � > direction regarding on-street parking, driveway � . access for neighbors, etc. � � CO�i1tt10Ot [KV11D2]: Internal policy to provide ,.F., ....lo� o,,,;t a.,�� ..+ : ^+7^ , tl,o ^��v�. �� u� LEOs with list of garage sale sites for the particular ` � y � day, so patrol officers can drive by to ensure compliance with parking, etc. requirements. Sec.78-553. Restrictions. (-a� Garage sales or other outdoor � sales in residential districts or in the residential aortion of a mixed._use_distric ,t 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. ,.�.tio �o...,,� „f+ti;� r,.ao Sec. 78-554. ara�e 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 �8A. Reserved. Sec. 78-561. Suecial events. (a�_Per�r�ai! r��ire_d._Anv villaee resident._or__anv_v_ill� business_holdi��a,.ourrent villaee business tax receint pursuant to Chanter 70 Article lI is el�ible to anolv for and obtain a special event nermit pursuant to this section Anv such resident or bu that des ires to conduct anv --- ----- _ tvpe of snecial event within the villaee must obtain a permit from the villaee in order that the villaee mav adeauatel�provide for the potential _ impacts created b_ the_ ro osed event. A maximum of four (41 such �ermits shall be allowed ner address or �er business in an�in�le calendar vear. (b) Wyitten application. Written_��lication must be submitte the villaee Commun� Development Departme►�t at least fortv five (451 davs prior to the date for which the snecial ---_ _ ___ event is groposed• which anplication shall contain_the followine information• --- � _ _ _ _ _____ - 1. Tvpe of event s proposed. 2. Soonsor or person s resbonsible for event. 3. Pro osed lo tion with ro ert owner's written con en 4. Proposed date, commencement titne and duration of event. 5 Anproximate number of participants. 6 Proof of insurance in amounts acceptable to t he villa e for t e t e of event. 7 Exoected traffic fire-rescue and utilities imnact if anv and nroposed mitieation nlans 8. CoUV of all reauired state and county per�nits if ev_ent will be held. on or utilize state and/or countv-controlled prooertv. 9 A refundable deposit is reauired if the event is held on anv villaee propertv The amount of this devosit shall be set bv resolution of the villa�e council. (cl Minimurn irnnact. All special events shall be coordinated with the villaee in order to lessen adverse im�acts and_to allow for continuous protection of the health s afetv and welfare of alL In order to nrovide such orotection all annlications for snecial events s hall be reviewed and si�ned --- -- __ off bv the Police Chief. (d�Alcoholic bevef•age sernice. The service of alcoholic bevera�es at anv special event shall be �rohibited exceat as set forth at Sec. 6-2 of the Villa�e of Te�uesta Code of Ordinances. (el Fina! action. l. After review bv, and with the recommendations of the Communitv Develonment Director and the Police Chief, the Villa�e Mana�er shall approve the �pp�lication denv the anolication in whole or in nart: or approve the anulication with conditions. 2. If the applicatiou is denied, the apolicant mav reauest an appeal to the village council. Such reguest must be made in writin� to the Villaee Manaeer within ten 101 d�s of the d�ni�l and shall be considered bv the villaee council at its next scheduled meeti�� ---- - - -- 3 Anv orouosed snecial event whose attendance is contemnlated to exceed 200 neoble in total shall require final approval by the Villa�e Council w�jch after considering the recommendations of the Communitv Deve�ment Director�_the _Police _Chief _and th e = Villa_�. _e_ = Manaser, ma — — -- - -- — — ---- — — approve the avplication, denv the abolication in whole or in�a� or_aoorove the anplication with ___ __ _ _ _ _ conditions. (�f Nona�f�o at entey��ises. (al The villa .�n �_ issue non-profit �e rinits t� verso o�• or�anization f or the_conduct or o� eration of occasional sales and/oc f undraisine nroiects held bv no�rofit enternrises either re�ularly or temporarily when the applicant si�ns an affdayit_that the applic� operates without 3 private oro fit for a civic public charitable vout service educational literarv fraternal or —_ _ relieious nur ose. (b) A Uerson makine apnlication under this section must complv with all rules and procedures for the granti� of special event nermits as set forth in this sec tion, All persons o�eratine und a _ - ---_- -_ — non_profit permit shall onerate their non�rofit enterarise in compliance with this section and all other rules and reeulations of the villa _ e. �c)__Any_._person sienin� a false affi_davit pursuant to this sec�on shall be subject to a_�wo hund _fiftv dollar ( $250.00�fine for a first offense and a five hundred dollar ($SOO.00�fine fo_r a reneat offense or may be cited to the villaee code enfarcement snecial maeistrate (� De�nition For ourposes of this section a"speciai evenY' is anv activitv, aathering or aroup ofpersons, vehides or_.both oreanized and havin�a common_purpose. upon public or rivate propertv which is likelv to inhibit the usual flow of vehicular or nedestrian traffic which is likel� to creates noise in excess of that tvpicallv associated with the areas unon which the event is to occur or which is likelv to preempt or restrict use of pr�ertv tvpicallv accessible bv the �eneral nublic. Exam�les of snecial events include but are not limited to block p�rties,parade� races or walks arand onenin� events� charitv fundraisers and other similar events not specifically�ermitted bv the villa�e's zonin� ordinance. (hLVillaee �ponsor�ed events. �ecial events that are sponsored bv the Villaee and held on villape nroper� shall be exempt from the arovisions 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 Secii�n o� �i�avisio�i oi ihis Ordinance o� a��y No�tiou 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. **Adoption of this code will necessitate revision to existing forms and fee schedule 4