HomeMy WebLinkAboutDocumentation_Regular_Tab 09_06/12/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: Ord 27-13, Second Reading
6/12/14
Consent Agenda: No Resolution #:
Originating Department: Legal
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ORDINANCE NO. 27-13, SECOND READING, 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 ACTIVITtES, 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
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: :�f�o"s- �n Appropriate Fund Balance: �;hcos� �n ite ��
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Department Head Submitted by Legal
Finance Director or Representative�
Reviewed for Financial Sufficiency
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager: ��
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
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Form Amended: 3/14/14
ORDINANCE NO. 27-13
AN ORDINANCE OF THE VII.LAGE COUNCa, OF THE VII.LAGE 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 EXLSTING REGULATIONS REGARDING
THESE ACTIVITIES, AND BY CREATING AN ENTIItELY NER'
SECTTON 78-561. SPECIAL EVENT PERMITS, TO PROVIDE
REGULATIONS AND APPLICATION REQUIREMENTS FOR
CONDUCTIlVG SPECIAL EVENTS WITHIN THE VII.LAGE;
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 AUTHORTTY
TO CODIFY; PROVIDING AN EFFEC�IVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council des'ves to amend its existing code to clarify and update
the sectioas 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 tlus
ordinence will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VII..LAGE COUNCIL OF THE `
VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of tlie Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplementai regulations, Division 8. Garage sales and other
outdoor sales, by amending the ritle of Division 8, amending Sections 78-551 through 78-554; _
and by creating an entirely new Secrion 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 SPECIA��;VENTS
Sec. 78-551. ara�e sales and other outdoor sales in residential zones: nRermit required;
€ee; limitation 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 inciudine the residential �ortion of the mixed use district
without the issuance of a permit from the Communiri Develonment Denartment �g
ef€�ial. 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. Garage sales and other outdoor sales in residential zones: a�4pplication for
permit; issuance.
(a) Anplicants for �seA-seek�g a garage sale or ot� outdoor sale permit in a residential
zone shall first submit to the Communitv Development De artmen �4��F a swe�e
statement showing:
(1) The name and address of the person c n u tin s}�eeser-i� the �araee sale or other outdoor
sale sa�es-ast+�i��.
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�2 (� The dav unon �°^^*" ^F*:^�°'^� which the sale shall o ur e�te�d.
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(b) The �ommunitv Develonment Director or desiQnee .sh�ll issue the nermit as a matter of
r�ht_u� determination that the garage sale or other outdoor sale do nQt violate anv of the
terms of this Code. E3y. ��in for a�e� the_a�lic�nt_ to complv with all nermit
re�uireme_nts includine si n code reauirements allowine one temnorarv on site si� and a
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maximum ofthree temnorarv off�remises directional siens. and on-street oarkin�reauire e(1 COrt11118Bt[KWDl]:Garagesalepermlt
4.� �:1,7:., „FF:,. .,1 . rt,� �r I, � ,�:.- orG,,., .,r „ ; applications and permits must be revised to include
' ' ;� direc[ion regarding on-street parking, drlveway
, ��� access f n e igh bors, etc I
• '� CqltmCnt [KVUD2J: Internal policy to provlde �
; LEOs with list of garage sale sltes for the particular
� ��� day, so patrol o�cers ran drive by to enwre
�� compliance with parking, etc. requiremenu. I
Sec.78-553. Restrictions.
{� Garage sales or other outdoor � sales in residential districts, or in the residential nortion
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.
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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. Ail temporary signs shall be removed immediately upon the
conclusion of the gatage sale or outdoor sale.
Sec. 78-555. Penaltv for violations.
Violations of the re�►lations for conductine garaee sales shall be erounds for denial of a
I rmit. In addition. the Villaee m. at its sole discretion. refer alleee
v'olations to the code enforcement snecial maeistrate.
Secs. 78- 55� �--78-5,_¢Q �58. Reserved.
Sec. 78-561. S�ecial events.
(al Permit reauired. Anv village resident. or anv villaee business holdine a current villaae
business tax receipt nursuant to Chanter 70. Article II. is elieible to annlv for and obtain a snecial
event nermit nursuant to this section Anv such resident or business that desires to conduct anv
vne of snecial event within the villaee must obtain a nermit from the village in order that the
villaee mav adeauatelv nrovide for the notential imoacts created bv the nronosed event. A
aximum of four (41 such �ermits shall be allowed oer address or ner business in anv i 1
calendar vear. A snecial event that includes multinle addresses. for exam�le within a shonnine
enter. shall count as one event for each address cantured bv the snecial event oertnit
) Written adnlication. Written analication must be submitted to the villaee Communitv
Develonment De�artment at least fortv five (45) davs nrior to the date for which the s ecial
vent is nronosed: which anolication shall contain the followine information:
1. Tvne of event(s) nronosed.
2. Snonsor or nerson(s) resnonsible for event.
3. Pr000sed location with nronertv owner's written consent.
4 Pronosed date. commencement time and duration of event.
5 Annroximate number of narticioants.
6 Proof of insurance in amounts acceotable to the villaee for the tvne of event
. Exnected traffic, fire-rescue. and utilities imnact, if anv, and pronosed mitieation nlans.
8. Co of all r uired st e and coun ermits if ev nt will b he on o r utilize state and/or
countv-controlled nropertv.
4, A refundable de�osit is reauired if the event is held on anv village nronertv. The amount of
this�enosit shall be set bv resolution ofthe villaee council.
{c) Minimum imDact All snecial events shall be coordin�ted with the villaee in order to lessen
adverse imnacts and to allow for continuous nrotection of the health_ safetv and welfare of all. In
Qrd� o nrovide such nrotection, all annlications for snecial ey�nts_shall be reviewed and siened
off bv the Police Chief.
1 Alcoholic beveraQe service Notwithstandine anvthine contained in the Villaee of Teauesta
ode of Ordinances to the contrarv. alcoholic beveraees are nermitted at aonroved snecial event
under the followine conditions. The service of alcoholic beveraees at anv snecial event shall
reauire as a condition nrecedent the issuance of the annronriate state alcoholic beveraee nermit
which must be orovided to the Villaee in coniunction with the sneciai event ne 't
annlication. All terms and conditions of anv state issued nermit shall be stricttv adhered to bv
the a�n��cant In addition the Villaee mav reauire in its sole discretion. the use of nhv ic
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]�zrriers to define and contain the outdoor area within which alcoholic beveraees mav be
c nsumed. and/or the use of securiri or off-dutv law enforcement nersonnel at the soecial event.
It is the annlicant's resnonsibiliri to monitor for and orevent ex�essive as well as underaee
cQn sumption of alcoholic beverages at all times. The Annlicant shall indemnifv, defend and hold
e Villaee harmless from anv and all damaee to anv real or nersonal nronertv. and from anv and
11 iniurv or death suffered bv anv nerson directiv or indirectiv related to the consumntion of
alcoholic beverages in coniunction with the special event.
(el Final action.
1. After review bv, and with the recommendations of the Communitv Develonment Director and
the Police Chief. the Villa��Manaeer shall annrove the application. d nv the annlication in
whole or in nart: or anarove the annlication with co Such action shall be taken within
usiness davs from the submittal of a comnlete snecial event annlication. or the an lin cation
hall automaticallv be deemed a�nroved.
2. If the application is denied, the aonlicant mav re ug est an aoveal to the villaee council. Such
re�uest must be made in writine to the Village Manaeer within ten (101 davs of the denial. and
shall be considered bv the village council at its next scheduled meetine.
3. Anv nronosed snecial event whose attendance is contemnlated to exceed 200 peonle in total
shall reauire final annroval bv the Villaee Council which. e onsiderine the recommendations
of the Communitv Develo�ment Director. the Police Chief a�d the Villaee Manaeer. mav
a nrove the aonlication. denv the annlication in whole or in nart: or aourove the annlication with
conditions.
4. Denial of a snecial event nermit annlication. or the imnosition of certain conditions bv either
the Viilaee Manag,er or the Villaee Co�ncil mav be based. among other reasons �nd at the sole
discretion of the Villa¢e. unon violations of the terms and conditions of a �reviouslv anuroved
s ecial event nermit for the same address.
Nonnrofit enternrises.
a The villaee mav issue non-nrofit nermits to anv nerson or oreanization for the conduct or
o eration of occasional sales and/or fundraisinE nroiects held bv nonnrofit enterorises, either
reeularlv or temnoraril , when the an�licant siens an affidavit that the applicant onerates without
private nrofit. for a civic, un blic, charitable. vouth. service. educational. literarv. fraternal. or
r lieious numose.
b A erson m kin a lic ti n n er this section mu�t c with all rules and n rocedures
for the erantine of snecial eve�t nermits as set forth in this section. All oersons oneratine under a
non-nrofit �ermit shall onerate their nonorofit enterorise in comnliance with this section and all
other rules and reeulations of the villaee.
(c) Anv nerson sienina a false affidavit nursuant to this section s hall_ bg_subject to a two
hun�( fiftv dollar ($250.001 fine for a first offense and a five hun dred dollar (� 500.00) fine for
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a reneat offense. or mav be cited to the villa�e code enforcement st�ecial_ma�strate
Ial Definition. For nurooses of this section, a"snecial even�'° is anv outdoo _activitv. eatherine
or eroua of nersons. vehicles. or_ both orp�nized and havin�_a common_,purpose. unon nublic or
nrivate oronertv. which is likelv to inhibit the usual flow of vehicular or nedestrian traffic. which
is likelv to creates noise in excess of that tvnical� associated with the areas unon which the
event is to occur, or which is likelv to nreemnt or restrict us nronertv_tynicallv accessible by
the eeneral nublic Examnles of snecial events include. but are not limited to block narties
parades. races or walks. erand onenine events. charitv fundraisers. and other similar events not
s ecificallv nermitted bv the villaee's zonine ordinance.
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U' r v
Soecial events that are snonsored bv the Villase and held on villaee nronertv shall be exemnt
from the nrovisions of this section.
Secs.78-562--78-SSO. 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.
**Adoptioa of this codc will neee�asitate revision to egisting torms aad fee scbedute
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