HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_04/28/2014 ORDINANCE NO. 27-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMEND[NG CHAPTER 78. ZONING. AT
ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIV[SION 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 ACTIVIT(ES, 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; PROVID[NG 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 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:
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DIVISION 8. GARAGE SALES AND SPECIAL EVENTS
Sec. 78-551. araEe sales and other outdoor sales in residential zones: u�Rermit required;
€ee3limitation on number of permits Qer vear.
No garage sale, carport sale, yard sale, � outdoor sale, or other similar activities shall
be permitted in any residential district, includin� th�resid�ntial nort_ion of the mixed use district
without the issuance of a permit from the omm nitv Develonment Denartment �g
e€€si��. 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, ',
, during any single calendar year.
Sec. 78-552. ara�e sales and other outdoor sales in residential zones: a�4pplication for
permit; issuance.
(a) Apnlicants for ^^�� ^°-°^^ °°°'-:�n a garage sale or oth�r outdoor sale permit in a residential
zone shall first submit to the Communitv Develonment Denartment �+}�i+�g-s€�sia� a swer�►
statement showing:
(1) The name and address of the person con u in speeser-i�rg the �araee sale or other outdoor
sale sa�les--a�v+t-}�.
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�.�� . u.. u.uvu.,� vi mr •,� °
2� f4-3 The dav uoon'°^^*,�n,e-fe� which the sale shall occur exte�.
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(b) The Communitv Develonment Director or desisnee shall issue the oermit as a matter of
right uoon deterrn_inatio tnat th eara� sal_e_ other_outdoor sa not violate anv of the
---- — --- _
terms of this Code. B� a� _pivin a per mi } the a��lic,ant_a�rees t I wi h 1 rmi
- - _----
reauirements. includine sien code reauirements allowine one temnorarv on site sisn and a
. . . • ' - - . : --- �. � � --- -.. _--__— _ ---- -. _. __ _ _
maximum of three temnorarv off nremises directional s�ens. and on-street parkin re uirements I ���LLKWDl]:Garogesalepermit
applications and permia must be revised to indude
' ���, direction regarding on-street parking, driveway
, access for neighbors, etc.
' , COIOOICBt [KWD2]: Intemal policy to prov�de� � �'�,
� LEOs with list of garege sale sites for the particular ��.
� ��. day, so patrol o�cers wn drive by to ensure �
�. compliance with parkiog, etc. requirementr. !
Sec.78-553. Restrictions.
(-a� Garage sales or other outdoor � sales in residential districts�o_r_in the residential oortion
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 prohibited.
,.r.tio ro..,,,� „v.ti:� r,.ae
Sec. 78-554. araee sales and other outdoor sales in residential zones: cEleanup of site.
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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
eonelusion of the garage sak or outdoor sa1e.
Secs. 78-555--78-�¢Q 58A. Reserved.
Sec. 78-561. Suecial events.
Permit reauired. Anv villaee resident, or anv villaee business holdine a current villaee
business tax receint nursuant to Chanter 70. Article II, is elieible to annlv for and obtain a snecial
event permit nursuant to this section. An�%�uch resident or busin at desires to conduct anv
e of snecial event within the villaee must obtain a permit from the villaee in order that the
villaee mav adequatelv nrovide for the notential im�pacts created bv the nr000sed event. A
maximum of four (4) such nermits shall be allowed ner address or ner business in anv sinele
calendar year.
Ibl Written annlication. Written aoplication must be submitted to the villaee Communitv
Develonment Denartment at least fortv five (451 davs orior to the date for which the snecial
event is ronosed: which annlication shall contain the followine information:
1. Tvne of event(s) nronosed.
. Snonsor or nerson(sl resnonsible for event
3. Pronosed location with oronertv owner's written consent.
4. Pronosed date, commencement time and duration of event
5 Annroximate number of narticioants.
6 Proof of insurance in amounts accentable to the villaee for the tvne of event.
7. Exnected tra�c. fire-rescue, and utilities imnact, if anv, and pronosed mitieation nlans.
8. Conv of all reauired state and countv nermits if event will be held on or utilize state and/or
ountv-controlled nro�
9. A refundable denosit is reauired if the event is hgld on anv villaee ronertv. The amount of
this denosit shall be set bv resolution of the villaee council.
c Minimum imnact. All snecial events shall be coor dinated with the villaee in order to lessen
�dverse imnacts and to allow for continuous nrotection of the health. safetv and welfare of all. [n
order to nrovide such nrotection. all annlications for snecial events shall be reviewed and siened
off by the Police Chief
dl Alcoholic beverage service. The service of alcoholic beveraee at anv snecial event shall be
prohibited excent as set forth at Sec. 6-2 of the Villaee of Teauesta Code of Ordinances.
(e) Final action.
l After review by and with the recommendations of the Communitv Develonment Director and
the Police Chief. the Villaee Manager shall annrove the annlication. denv the a�nlication in
whole or in nart: or avnrove the annlication with conditions.
2. If the annlication is denied. the annlicant mav reauest an aoneal to the villaee council. Such
s must be made in writine to the Villaee Manaeer within ten (101 davs of the denial. and
shall be considered bv the villaee council at its next scheduled_meetin�
3. An�proposed snecial event whose attendance is contemplated_to exceed 200 people in total
hall reauire final annroval bv the Villaee Council which. after considerin�the recommendations
of the Communitv Develonment Director, the Police Chief and the Villaee Manaeer. mav
e annlication. denv the �nlication in whole or in oart: or a�nrove the annlication with
conditions.
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( f] Nonorofrt enternrises.
al The villaee mav issue non-nrofit nermits to anv �erson or oreanization for the conduct or
operation of occasional sales and/or fundraisine oroiects held bv nonnrofit enterorises. either
reeularlv or tem�orarilv, when the annlicant siens an affidavit that the anolicant onerates without
orivate nrofit. for a civic. nublic. charitable. vouth. service. educational. literarv. fraternal. or
relieious nuroose.
(bl A oerson makine annlication under this section must comnlv with all rules and nrocedures
f r the arantine of snecial event �ermits as set forth in this section. All nersons oneratine under a
non-nrofit nerr�r it shall o�erate their nonnrofit enterorise in compliance with this section and all
other rules and reeulations of the village.
(c) Anv nerson sienine a false affidavit vursuant to this section shall be subject to a two
hundred fiftv dollar ($250.001 fine for a first offense and a five hundr dollar ($ 500.001 fine for
a reneat offens , or mav be cited to the villaee code enforcement saecial ma��trate•
(g) De finition. For nurooses of this section. a"sae eve nt „ is anv outdoor a tivitv. eathering
�r �p��ersons. vehicles or both. or�anized and havine a common puroose. unon nublic or
nrivate nronertv, which i likelv to inhibit the usual flow of �hicular or nedestrian traffic. which
is likelv to cr�ates noise in excess of that tvnicallv associ t�ed with the areas upon which the
event is to occur or which is likelv to �reemnt or restrict use of nronertv tvnicallv accessible bv
e eeneral �ublic. Examnles of s�ecial events include. but are not limited to block narties.
aarades. races or walks. erand o�enine events. chariri fundraisers. and other similar events not
specif►callv nermitted bv the villaee's zonine ordinance.
h Y" la n o ev n s.
Snecial events that are snonsored bv the Villaee and held on villaee 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. sha11
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.
*#Adoption af tltia cade w3ll secessttate revbion to ezisting forms and fee schedale
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