HomeMy WebLinkAboutHandouts_Workshop_Tab 05_04/28/2014 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 7&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 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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I?IVISION 8. GARAGE SALES AND SPECIAL EVENTS
Sec. 78-SSL Garage sales and other outdoor sales in residential zones: o�ermit required;
€ee; lirrutation on number of permits oer vear.
No garage sale, carport sale, yard saie, � outdoor sale, or other similar activities shall
be permitted iii an reside;�tial dish includinQ the ; esider,tial oortion 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 t�vo permits shall be issued to any one street address, ����°~*�. , °T� , a°
- ������ during any single calendar year.
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Sece 78-�52. Garaae sales and other outdoor sales in residential zones; az4pplication for
pernut; isse�aace.
(a) A��licants for �°-����°°'_-�r^ a garage sale or other outdoor sale permit in a residential
zone shall first submit to the Communitv Develonment Department'��•�'a��b ^`�`�^�^' a s�sr�t
statement showing:
(1) The name and address of the person conductina �pe�se�xg the garaQe sale or other outdoor
sale ��^';,� ^^-,ra�p.
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�{�N, The daV Upon �e�b'� ^°';-�° �� which the sale shall occur e�e�.
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(b) The C;ommunitv Development Director or desi nee shall issue the nermit as a matter of
riQht upon determination that the 6ara6e sale or other outdoor sale does not violate anv of the
te rms of this Code. Bv annlvin6 for a nermit the a�nlicant aQrees to complv_with all nermit
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re uirem si<,��_code ret�uirement� a llowi� one te m�?or. a ry on_site si�n a nd a
ma�irnum �f_tili ee directional_s��ns _ and on-street narkinQ i0qll1I'E2Tlellt5 COR1Ment [KWDl]: Garage sale permit
L.,,,7.7;., .,�f:.. .,i .., L.,_. .,+ 1.;� ,7 � �r...., „+ ., ..+ +H.� ., ,.1;.,.,r;..,, ,:+1,7,..1.7 .,..+;..,, applications and permits must 6e revised to include
b ' >°^ -- > direction regarding on-street parking, driveway
- b - , - access for neighbors, etc.
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• -b b > � COroIOCOt [KVIID2]9 Internal policy to provide �
„r,. -. „+ ♦1,..� tl. �. ..0 ., .,t� ....,;♦ ,7...... «,.� : .,ti r.+, +b. �.C. s_o� a LEOs wrth list of garege sale sites for the particular
�� day, so patrol officers can drive by to ensure
compliance with parking, etc. requirements.
Sec.78-553. Restrictions.
�1 Garage sales or other outdoor � sales in residential districts or in the residential nortion
of a mixed use district, are pernutted 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.
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Sec. 78-554. Carase sales and other e�utdoor sales in residential �ones• cEleanup of site.
All sites of garage sales or outdoor sales shall be left in a clean and orderly maiuier upon
completion of the sales activities. All temporary signs shall be removed immediately upon the
conclusion of the garage sale or outdoor sale.
Sec. ?8-555. Penalri- for violations
Viol_atio of the reaulations for condu sales shall be srounds for denial of a
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subse�ient QaraQe sale permit In ad dition. the V�lla ge . ma� at_its sole d iscre tion refe alle7e
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violations to the code enforcement �pecial m�strate.
Secs. 78- 556 �5--78-560 �88, Reserved.
Sec. 78-561 Snecial events
(al Permit YeauiYect. Anv villa�e resident. or anv villa�e business holdin6 a current village
business tax recei�t nursuant to Chanter 70 Article II is eli �ble to annlv for and obtain a snecial
event nermit oursuant to this section. Anv such resident or business that desires to conduct anv
type of soecial event within the villa�e must obtain a nermit from the vi a�e in order that the
villa�e ma adeauatelv nrovide 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 sinale
calendar �ear. A snecial event tli at_inciudes mt�ltip]_e add example within a sho�ning
center, shall count as one e�ent for each address captured by th snecial e�ent permit.
(b) Written anplication. Written annlication must be submitted t the villa6e Communitv
Develo�ment Denartment at least fortv five (451 davs nrior to the date for which the s ecial
event is nronosed: which annlication shall contain the followin�information:
l. Twe of event(sl nr000sed
2. Snonsor or nerson(sl res�onsible for event.
3. Pronosed location with nronertv owner's written cc�ncPnr
4. Pronosed date, commencement time and duration of event
5 Annroximate number of narticinants.
6 Proof of insurance in amounts accentable to the villa�e for the tvne of event
7. E�Jected traffic fire-rescue and utilities imnact if anv and�ronosed miti ation nlans
8. Cop�of all re ui red state and countv nermits if event will be held on or utilize state and/or
count -controlled Dro�ertv.
9. A refundable denosit is reauired if the event is held on anv villaee nronertv The amount of
this denosit shall be set bv resolution of the villa�e cnuncil
�c) Mini�num imnact A11 s necial events shall be coordinated with the villaQe in order to lessen
adverse impacts and to allow for continuous nrotection of the health safetv and welfare of all In
order to�rovide such protection all anolications for�ecial events shal] be reviewed and sio
off bv the Police Chief
d� .. Alcohnlic beveraQe serti°ice_NotwithsCandinQ anythinQ contain in the V illa�_ e of Teauesta
Code of O rd�n_an ces to t_he co ntrarv alcoholic be at annrov events
under t he f�llowins conditions. The service of alcohol bevera3ee at anv ;oecial event shal
re uire_� a condition nreceden the issuan_ce of the annro�ate state alcoholic bev oermit.
a cop�r o f which must be nrovid to th VillaQe i n con�unct [he sneci e nermit
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annli All terms and = conciit�on; of a nv state issued permit �hafl_ strictiv a dhered _to hY
the ap�licant. _In addition. the V�llaae, _ma�,�re�c uire, in its sole d�,crztion_ tl�e use of ��sical
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harriers_t_o_d_ef_ine_a__nd_contai th e outdoor_area within w al coholi_c he��zraaes mav be
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consumed andior the use of securitv or off-dutv law enforcement�ersonnei at the s�ecial event
It is the a�plicant's responsibilitv to monitor for and prevent excessive as well as underatre
co nsum�ion of alcoholic_bev_e� at all times�The An�l�cant sl�all indemnifY _defe and hold
the Villaoe harmless from anv and all damave to anv real or oerSOnal �ronertv, and from anv and
all iniurv or death suffered bv anv nerson directiv or i��dir r ela ted to the consumDtion o f
alcoholic beveraQes in coniuncti with the snecial even
el Final action.
i. After review bv, and with the recommendations of the Communitv Development Director and
the Police Chief the Villa�e ManaQer shall approve the application denv the annlication in
whole or in�art�or approve the annlication with conditions. Such action shall be taken within
10 business da�s from the submittal of a complete special_ eyent ap�lication_or_the a�ication
shalf automaticall_�be deemed a�pro�ed..
2. If the annlication is deniecL the anolicant mav reauest an anpeal to the villa�e council Such
reauest must be made in writin� to the Vi11aQe Mana�er within ten (101 davs of the denial. and
shall be considered bv the vill council at its next scheduled meetinQ
3. Anv nronosed snecial event whose attendance is contemnlated to e°ceed 200 neonle in total
shall reauire final anproval_bv the Villaae Council which. after considerinQ the recommendations
of the Communitv Develonment Director the Police Chief and the Vi11aQe ManaQer m�
a�prove the annlication den�the annlication in whole or in part• or approve the anplication with
conditions.
4. Denial of a s�ecial event permit aonlication or the im �osit_ion o certain conditions bv eit her
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the VillaQe Mana� or the Villa�e Council mav be based amona o rea tionti a nd at the ,ole
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d�scretion of the VillaQe unon viola of t h e term� and condition of a n revioi ulv anDroved
s�cial event nermit for the same addres,.
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(fl Nonnrofit enternri.ses.
(a) The villaae mav issue non-�rofit nermits to anv nerson or or�anization for th conduct or
operation of occasional sales and/or fundraisin� nroiects held bv nonnrofit entemrises either
re�ularlv or temnorarilv when the anplicant SiQns an affidavit that the annlicant oDerates without
private nrofit for a civic nublic charitable vouth service educational literarv fraternal or
religious nurpose..
(b) A nerson makinQ a�plication under +his section must com�lv with all rules and nrocedures
for the erantinQ of snecial event Dermits as set forth in this section All nersons oner under a
non-nrofit nermit shall onerate their nonnrofit enterorise in comnliance with this section and all
other rules and re�ulations of the vilia�e.
(c) Anv oerson si�nin� a false affidavit _pursuant to this section shall be subiect tn a twc,
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 villaQe code enforcement Snecial maQist; ate
�Ql De anition. For nu�ses of this section a"snecial event" is anv outdoor �ctivit��athering
or � of persons vehicles or both arQanized and havin� a common nurpose u�n public or
��te�opert�, which is likelv to inhibit the usual flow of vehicular or�edestrian traffic whi
is likelv to creates n oise in excess of that twicallv associated with the areas_u��n which the
event is to occur, or which is ]ikelv t �reemnt or re�h use of oronertv twicallv accessible hy
the aeneral nublic. Examnles of_special events include. but are not limited to block oarties
parades, races or walks, arand onenin6 events_ charitv fundraisers. and other similar events not
specificallv nermitted bv the villa�e's zonin6 ordinance.
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(h Villa6e .�onso;�ecl events.
S�ecial events that are sponsored bv the VillaQe and held on villa e�ronertv shail be exemnt
from the�rovisions 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.
Secteon 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 inva(id,
such decision shall not affect the validity of the remainder of this Ordinance.
Sec#�mn 5: Specific authority is hereby granted to codify this Ordinance.
Secteon 6; This Ordinance shall become effective immediately upon passage.
*�Adoption of this code will necessitate revision to exisNng forms and fee schedule
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