HomeMy WebLinkAboutOrdinance_27-13_06/12/2014 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 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;
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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DIVISION 8. GARAGE SALES AND SPECIAL EVENTS
Sec. 78 -551. Garage sales and other outdoor sales in residential zones; n Permit required;
fee; limitation on number of permits per year.
No garage sale, carport sale, yard sale, flea market, outdoor sale, or other similar activities shall
be permitted in any residential district including the residential portion of the mixed use district.
without the issuance of a permit from the Community Development Department b i-ldiag
e€€teial. There shall be no fee charged by the village for the issuance of such permit. Not more
than 0 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 Application for
permit; issuance.
(a) Applicants for p a garage sale or other outdoor sale permit in a residential
zone shall first submit to the Community Development Department a s wom
statement showing:
(1) The name and address of the person con in sponsoring the garage sale or other outdoor
sale
(2) What Pr of the Sale afe to be used fe.�
(3) - The a fflflt. of . - - . , if any, tka * shall - oe - paid - by such pefsen to the - person
eendueting the business, if applieable
20 (4) The day upon leno of time fe which the sale shall occur extend.
( ) The n am e s o dir .fr the s aetiyit.,
(b) The Community Development Director or designee shall issue the permit as a matter of
right upon determination that the garage sale or other outdoor sale does not violate an y of the
terms of this Code. By applying for a permit, the applicant agrees to comply with all permit
requirements!_ including sign code requirements allowing one temporary on site sign and a
mum Qf three temporary off premises directional signs. and on- street parking requirements
on any appheation pending investigation, or submit the applieation to the village eouneil for-
appr-eval. The building effieial shall be guided in the exemise of his diser-etion, and sha4l tal
into aeeeunt that the issuanee of a sales pefmit does not in any way saftefien the er-eation of a
Sec. 78 -553. Restrictions.
(a) Garage sales or other outdoor yard sales in residential districts or in the residential portion
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.
(b) Gemmereial dWFkt-s. Exeept as provided for- in seetion 78 295(i), outdoor- sales
for- outdoor- sales by nonprofit or-ganiza4ions for- speeial events. The permit shall be issued as-a
mat4er- of r-igh4 if it is detefmined by the building effieial that the speeial event does not violate
any of the efms of this Code.
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Sec. 78 -554. Garage sales and other outdoor sales in residential zones: c Eleanup 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. All WRIUMMEM&I be removed immediately upon the
conclusion of the garage sale or outdoor
Sec, 78 -555, Penalty for violations.
Violations of the regulations for conducting garage sales shall be grounds for denial of a
subsequent garage sale permit. In addition, the Village may, at its sole discretion, refer alleged
violations to the code enforcement special magistrate.
Secs. 78- 556 5- 55--78 -5,M -550. Reserved.
Sec, 78 -561, Special events.
(a) Permit required. Any village resident, or any village business holding a current village
business tax receipt pursuant to Chapter 70, Article II, is eligible to apply for and obtain a special
event permit pursuant to this section. Anv such resident or business that desires to conduct anv
jype of special event within the village must obtain a permit from the village in order that the
village may adequately provide for the potential impacts created by the proposed event. A
maximum of four (4) such permits shall be allowed per address or per business in any single
calendar year. A special event that includes multiple addresses, for example within a shopping
center, shall count as one event for each address captured by the special event permit.
(b) Written application. Written application must be submitted to the village Community
Development Department at least forty five (45) days prior to the date for which the special
vent is proposed: which application shall contain the following information:
1 Type of event(s) proposed.
2. Sponsor or person(s) responsible for event.
3. Proposed location with property owner's written consent.
4. Proposed date, commencement time and duration of event
5 Approximate number of participants.
Proof of insurance in amounts acceptable to the village for the type of event.
7 Expected traffic, fire- rescue, and utilities impact, if any, and proposed mitigation plans.
8. Copy of all required state and county permits if event will be held on or utilize state and/or
county-controlled property.
9. A refundable deposit is required if the event is held on any village property. The amount of
this deposit shall be set by resolution of the village council.
c) Minimum impact. All special events shall be coordinated with the village in order to lessen
verse impacts and to allow for continuous protection of the health, safety and welfare of all. In
order to provide such protection, all applications for special events shall be reviewed and signed
off by the Police Chief,
Alcoholic beverage service. Notwithstanding anything contained in the Village of Teguest
Code of Ordinances to the contrary, alcoholic beverages are permitted at approved special events
under the following conditions. The service of alcoholic beverages at any _special event shall
require as a condition precedent, the issuance of the appropriate state alcoholic beverage permit
copy of which must be provided to the Village in conjunction with the special event permit
application. All terms and conditions of any state issued permit shall be strictly adhered to by
the applicant. In addition. the Village may require, in its sole discretion, the use of physical
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barriers to define and contain the outdoor area within which alcoholic beverages may be
consumed, and/or the use of security or off -duty law enforcement personnel at the special event.
It is the applicant's responsibility to monitor for and prevent excessive as well as underage
consumption of alcoholic beverages at all times. The Applicant shall indemnify, defend and hold
the Village harmless from any and all damage to any real or personal property, and from any an d
all injury or death suffered by any person directly or indirectly related to the consumption of
alcoholic beverages in coniunction with the special event
e) Final action.
1 After review bv. and with the recommendations of the Community Development Director and
the Police Chief. the Village Manager shall approve the application, deny the application in
whole or in part: or approve the application with conditions. Such action shall be taken within
10 business days from the submittal of a complete special event application, or the application
shall automatically be deemed approved.
2. If the application is denied, the applicant may request an appeal to the village council. Such
request must be made in writing to the Village Manager within ten (10) days of the denial, an d
shall be considered by the village council at its next scheduled meeting.
3. Any proposed special event whose attendance is contemplated to exceed 200 people in total
hall require final approval by the Village Council which, after considering the recommendations
of the Community Development Director. the Police Chief and the Village Manager, may
approve the application, deny the application in whole or in part: or approve the application with
conditions.
4. Denial of a special event permit application, or the imposition of certain conditions by either
the Village Manager or the Village Council may be based, among other reasons and at the sole
discretion of the Village, upon violations of the terms and conditions of a previously approved
special event permit for the same address.
Nonprofit enterprises.
(a) The village may issue non - profit permits to any person or organization for the conduct or
operation of occasional sales and/or fundraising proiects held by nonprofit enterprises, either
regularly or temporarily, when the applicant signs an affidavit that the applicant operates without
private profit, for a civic, public, charitable, youth, service, educational, literary, fraternal. or
religious puruose.
1 A person making application under this section must comply with all rules and procedures
for the granting of special event permits as set forth in this section. All persons operating under a
non - profit permit shall operate their nonprofit enterprise in compliance with this section and all
other rules and regulations of the village.
c) Any person signing a false affidavit pursuant to this section shall be subiect to a two
hundred fifty dollar ($250.00) fine for a first offense and a five hundred dollar ($500.00) fine for
r epeat offense, or may be cited to the village a enforcement special magistr
(g) Definition. For purposes of this section. a "special event" is any activity, gathering
or group of persons, vehicles or both, organized and having a common V=ose, upon public or
private property, which is likely to inhibit the usual flow of vehicular or pedestrian traffic, which
is likely to creates noise in excess of that typically associated with the areas upon which the
event is to occur, or which is likely to preempt or restrict use of property typically accessible by
the general public. Examples of special events include. but are not limited to block parties.
parades, races or walks, grand opening events, charity fundraisers, and other similar events no
s pecifically permitted by the village's zoning ordinance.
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hl Village sponsored events.
Special events that are sponsored by the Village and held on village property shall be exempt
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.
"Adoolift tit will seaWaft
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Upon Second Reading this 12 day of June2014, the foregoing Ordinance was offered by Council
Member Okun who moved its adoption. The motion was seconded by Council Member Patemo
and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of June 2014.
MAYOR OF TEQUESTA
J ig nn ad
ATTEST:
o nn
Lori McWilliams, MMC Q Rq
Village Clerk VOA T - 7 -
CO� AL
ORAIE
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