HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_03/13/2014 ORDINANCE NO. 27-13
AN ORDINANCE OF THE VII�LAGE COUNCIL OF THE YII,LAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZOMNG. AT °
ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION $.
GARAGE SALES AND OTHER OiJTDOOR SALES, BY AMENDING -= _-.-
THE TITLE OF DIVISION 8 AND SECTIONS 7&551 TAROUGH 7&554
TO CLARIFY AND REVLSE EXISTING REGULATIONS REGAItDING
THESE ACTIVITIES, AND BY CREATIIVG AN ENTIRELY NEW
SECTION 78-561. SPECIAL EVENT PERMIT5, TO PROVIDE '_
REGULATIONS AND APPLICATION REQUIREMENTS FOR
CONDUCTING SPECIAL EVENTS WITHIN THE VdLAGE;
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 EFFECl`IVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council d�sires to amend its existing code to ciarify and update
the sections that regulate garage sales and outdoor sal�, and to provide regiilations and
application requirements for conducting special events within the villa�e; and
WHEREAS, the Village Council believes the code amendments conta.ined in tUis
ordinaaice will be in the best interests of the Citizens of the Village of Tequesta. '
NOR', THEREFORE, BE IT ORDAINED BY THE VII.LAGE COUNCIL OF THE
VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLI.OWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby ainended at Article IX. Supplemerna.l regulations, Division 8. Garage sales and other '-
outdoor sales, by amending the title of Division 8, amending Sections 78-551 through 78-554;
aa►d by creating an entirely new Section 78-561. Special event permits, to provide regulations and
application requirements for conducting special eve�s within the village; providing that Division
8. Garage sales and other outdoor sales. shall hereafter read as follows:
1 ,_
�
DIVIS[ON 8. GARAGE SALES AND SPECIAL EVENTS
Sec. 78-551. ara�e sales and other outdoor sales in residential zones: �ermit required;
€ee# limitation on number of permits �er vear.
No garage sale, carport sale, yard sale, � outdoor sale, or other similar activities shall
be permitted in any residential district�in�ludine the residential nortion of the mixed use district.
without the issuance of a permit from the Communitv Develonment Denartment �g
�. There shall be no fee charged by the village for the issuance of such permit. Not more
than rivo 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�4pplication for
permit; issuance.
(a) Annlicants for �^°�°^^ °°°�:^^ a garage sale or other outdoor sale permit in a residential
zone shall first submit to the Communiri Devefonment Denartmen ��i�di�--e€f�s+al a s�ve�
statement showing:
(1) The name and address of the person on uc in spet�ser+�g the �araee sale or other outdoor
sale s��es-�st+v+�y.
/'21 TL,o «♦ ..F .. :C ., �i...� �L..,11 L.., .,:.7 1.., ...1. f.. ♦L.o
�.�� ..�v u�..v rr °
...r:.,., r4.o L.....:..o� :F.,....I:...,l.lo
�2 �(-0� The dav unon ��f��:� which the sale shall o� e�ter�.
� ����i ��u���ai� va �in n a�� nt�r.� 4{.o n�o i.k�.,:f-.,
(b) The Communitv Develonment Director or desienee shall issue the nermit as a matter of
r� Up on determ_ination that the_�ara�e sal_e or other outdoo s ale does not viol�te any of the
terms of this Code. By applying for a�ermit, the applicant a�rees to complv with all permit
__ __ -
reauirements includin� sia► code requirements allowing one temnorarv on site siert and a
�f three emnorarv off nremises direetional siens and on-street aarkine reauirements comment(icw�i�:�a��e�ieaem,�c ,
applications and permits must be revised to include �'
' ' direction regarding on-street parking, driveway ��
� access for neighbors, etc. �
" ...v vu..v,ub .�.v.u� n l.o �:.10.7 rMo 0 0 0 ,.4' L.:.. ,i:.. or:.... ...r �L..,It r�be . . . . _ .. _ . . .. :.. .. -_ ._-_.
CWnmEnt [KV11D2]: Internal policy to prwide
LEOs with Ilst of garage sale sites for the particular
� day, so patrol officers can dnve by to ensure
compliance wi[h parking, etc. requirements. .
Sec.78-553. Restrictions.
(� Garage sales or other outdoor �ard sales in residential districts. or in the residential nortion
of a mixed use di rict are permitted only on Saturdays beiween the hours of 8:00 a.m. and 5:00
p.m. Such sales at any other time of day are prohibited.
.,F+b.e ro...�... .,Frl,:� /`..ao
Sec. 78-554. ara�e sales and other outdoor sales in residential zones: cEleanup of site.
2
All sites of garage sales or outdoor sales shall be left in a clean and orderly manner upon
completion of the sales activities. All temporary signs shall be removed immediately upon the
c�tusicm of the garage sale or outdoor sale.
Secs. 78-555--78-� �8A. Reserved.
Sec. 78-561. S�ecial events.
(a) Permit reaiiired AnX villaee resident. or anv villaee business holdin� a current villaee
business tax receint nursuant to Chanter 70. Article [I. is elieible to annlv for and obtain a snecial
event nermit pursuant to_this section. An _ such resident or business that desires to conduct anv
ne of snecial event within the villaee must obtain a nermit from the villaee in order that the
villaee mav adeauatelv orovide for the notential imnacts created bv the nronosed event. A
maximum of four (41 such nermits shall be allowed ner address or ner business in anv sinele
calendar vear.
) Written annlication. Written annlication must be sub mitted to the villaee Communitv
Develonment Denartment at least fortv five (451 davs nrior to the date for which the snecial
event is oroposed: which anolication shall contain the followine information:
l. Tvoe of event(sl nronosed.
2. Snonsor or nerson(s) resnonsible for event.
3 Pronosed location with nro owner's written consent
4. Pronosed date. commencement time and duration of event.
5 Ap�roximate numbe of narticioants.
6 Proof of insurance in amounts acce�table to the villaQe for the tvne of event
7 Expected traffic fire-rescue and utilities imnact if anv and nronosed mitieation nlans
8. Co�y of all re uired state and county_permits_ if event will be held_on_or utilize_state and/or
countv-controlled nronertv.
9 A refundable denosit is reauired if the event is held on anv village nronertv The amount of
this deoosit shall be set bv resolution of the villaee council.
(c� Minimum imDact. All s�ecial events shall be coordinated with the villaee in order to lessen
adv erse imnacts and to allo for co ntinuous nrotection of the health�saferi and welfare of all. In
order to nrovide such nrotection. all annlications for s�ecial events shall be reviewed and siened
off bv the Police Chief.
dl Alcoholic be veraQe service The service of alcoholic beveraees at anv sqecial event shall be
nrohibited excent as set forth at Sec 6-2 of the Villaee of Teauesta Code of Ordinances
(e) Final action.
1. After review bv, and with the recommendations of the Communitv Develonment Director and
the Police Chief. the Villaee Manaeer shall an�rove the aonlication. denv the annlication in
whole or in nart• or an orove the annlication with conditions
2. If the annlication is denied_ the annlicant mav reauest an anneal to the villaee cou�cil. Such
reauest must be made in writine to the Vill_a�e M�n�er within ten�l0�da�s of the denial, and
shall be considered bv the villaee counc at its next sche meetine.
3. Anv nronosed snecial event whose attendance is contemnlated to exceed 200 oeonle in total
shall reauire final annroval bv the Villaee Council whic ,h after considering the recommendations
of the Community Develogment Director the Police Chief and the Villase Mana�er. _ ma�
— --- --- — _ --
annrove the apnlication. denv the annlication in whole or in nart• or anorove the an�lication with
conditions.
3
Nonnrofit enternrises.
a The villaee mav issue non-nrofit nermits to anv nerson or or�anization for the conduct or
o eration of occasional sales and/or fundraisine nroi�ct�_held_by_ nonnrofit enterprises, either
reeularlv or temnorari� when t he a licant si s an f fidavit that the annlicant operates without
nrivate orofit. for a civic. nublic. charitable. youth. service. educational. literarv. fraternal. or
relieious pumose.
bl A nerson making aoplication under�is section must complv with all rules and procedures
for the erantine of snecial event nermits a�set f rt�h_in his_section. All �ersons ooeratine under a
non-nrofit nermit shall o�erate their nonnrofit enterprise in comnliance with this section and all
other rules and regulations of the_ _vill_a�e.
c An erson si nin a f alse affidavit ursuant to thi sectio shall be subiect to a two
hundred fiftv dollar ($250.00) fine for a first offense and a five hundred dollar �$500.001 fine for
reneat offense or mav be cited to the villa$e code enforcement special ma�istrate
(g) Defrnition. Forpumoses of this section�a"s�ecial eve is anv outdoar activitv. eatherine
or eroun of nersons, vehicles or both orsanized and havine a common nuroose. unon oublic or
private nronertv, which is likelv to inhibit the usual flow of vehicular or nedestrian traffic. which
is likely to creates noise in excess of that tvuicallv associated with the areas unon which the
event is to occur. or which is likelv to nreemot or restrict use of nronertv tvoicallv accessible bv
the eeneral nublic. Examnles of saeci e_v_ents inc bu are not limited to block arties
aarades. races or walks. erand onenine events. chariri fundraisers. and other similaz events not
s ecificallv nermitted bv the villaee's zonina ordinance.
h) l �!lage sDOnsored events.
S ecial events that are snonsored bv the Village and held on villase nron� 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.
�'�Adapti�n of t69� cade wiD ne�c�st#tate revision to ea� farms and fe�e achedaie
4