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54701 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 G1,�y of Boca IZa�o lncorporated 1925 ORDINANCE 5470 AN ORDINANCE OF THE CITY OF BOCA RATON CREATING SECTION 28-1311, "ACCESSORY GARAGE SALES," ARTICLE XV, "SUPPLEMENTARY DISTRICT REGULATIONS," CHAPTER 28, "ZONING," CODE OF ORDINANCES, TO PROVIDE REQUIREMENTS FOR GARAGE SALES, INCLUDING REQUIRING A PERMIT AND LIMITING THE HOURS AND FREQUENCY OF SUCH GARAGE SALES; AMENDING SECTION 28-2, "DEFINITIONS," ARTICLE I, CHAPTER 28, "ZONING," CODE OF ORDINANCES, TO PROVIDE A DEFINITION OF GARAGE SALE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE (AM - 18 -04/18-92500022) WHEREAS, the City Council desires to amend the Code of Ordinances to provide requirements and regulations for garage sales (including yard sales, lawn sales, estate sales, rummage sales, tag sales or any similar sales) on residential properties, including the requirement 1 to obtain a permit, limiting the frequency of such sales to no more than four (4) days per calendar 2 year per property and no more than two consecutive days, and limiting the hours of such sales to 3 8:00 a.m. through 5:00 p.m.; and 4 WHEREAS, the Planning and Zoning Board, after notice and public hearing, has 5 considered the proposed amendments to the Code of Ordinances, more specifically described 6 herein, and submitted its recommendation to the City Council; and 7 WHEREAS, the City Council, after notice and public hearing, has considered the proposed 8 amendments to the Code of Ordinances, the recommendations of the Planning and Zoning Board 9 and all public comments; and 10 WHEREAS, the City Council finds the proposed amendments to the Code of Ordinances 11 are consistent with the City of Boca Raton Comprehensive Plan; and 12 WHEREAS, the City Council desires to amend the Code of Ordinances in order to 13 incorporate the above referenced amendments to provide requirements and limitations for garage 14 sales and similar sales on residential properties; now therefore 15 16 THE CITY OF BOCA RATON HEREBY ORDAINS: 17 18 Section 1. Chapter 28, "Zoning," Article I, "In General," Section 28-2, "Definitions," Code 19 of Ordinances, is hereby amended to read: 20 Sec. 28-2. - Definitions. 21 The following words, terms and phrases, when used in this chapter, shall have the 22 meanings ascribed to them in this section, except where the context clearly indicates a different 23 meaning: 24 25 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "Garage sale" shall mean a general sale, open to the public, conducted from or on a property with an existing residential use, by the residents thereof, for the purpose of disposing of personal property, and shall include, but not be limited to, a yard sale, lawn sale, estate sale rummage sale, tag sale or any similar sale. Section 2. Chapter 28, "Zoning," Article XV, "Supplementary District Regulations," Section 28-1311, "Accessory Garage Sales," Code of Ordinances, is hereby created to read: Sec. 28-1311. - Accessory garage sales. Garage sales shall be deemed an accessory use; garage sales shall only be permitted accessory to an existing residential use, subject to the following requirements: (1) No garage sale shall be held unless a permit has first been issued by the city. (2) Garage sales shall be limited to no more than four total days in a calendar year (any portion of a day being deemed a full day) per plot; provided, however, that garage sales shall not occur on the same plot for more than two consecutive days. (3) Garage sales shall not occur outside the hours of 8:00 a.m. through 5:00 p.m. Section 3. If any section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 4. All ordinances and resolutions or parts of ordinances and resolutions and all sections and parts of sections in conflict herewith shall be and hereby are repealed. Section 5. Codification of this ordinance in the City Code of Ordinances is hereby authorized and directed. Section 6. This ordinance shall take effect immediately upon adoption. 3 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PA SED AND ADOPTED by the City Council of the City of Boca Raton this"l day ofkba:wxw, 2018. ATTEST: Susan S. Saxton, City Cler CITY OF BOCA RATON, FLORIDA Scott Singer, Mayor Approved as to form: C1P i�rl4-` fw!Diana Grub Frieser, City Attorney COUNCIL VOTE YE NO ABSTAINED MAYOR SCOTT SINGER VA DEPUTY MAYOR JEREMY RODGERS COUNCIL MEMBER ANDREA LEVINE O'ROURKE COUNCIL MEMBER MONICA MAYOTTE COUNCIL MEMBER ANDY THOMSON 4