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Home My WebLink AboutAM2010-03K ITS MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER J SCOTT WILLIAMS, DEVELOPMENT SERVICES Gk46` DIRECTOR MEETING DATE: JUNE 1, 2010 SUBJECT: WORKSHOP ITEM—GARAGE SALES Due to complaints from some Grapevine residents, Council Member Freed has requested that City Council consider an ordinance regulating garage sales. The Zoning Ordinance does not currently specifically address garage sales, leaving staff few options for enforcement when a resident has an excessive number of sales. Code Enforcement has loosely interpreted the home occupation provisions of the Zoning Ordinance when dealing with such cases. However, there is nothing in the ordinance that addresses the length of time for garage sales, nor the number that may be held. Attached are the survey results from twelve area cities relative to permitting of garage sales. Eight of the cities surveyed require a permit and four do not. Of the eight cites which require a permit, four do not charge a fee for the permit. Garage sale permit fees range from $2.50 to $10.00. The frequency of garage sales allowed in most cities was no more than two per calendar year, not to exceed three consecutive days. In addition to garage sales conducted at individual residences, some cites regulated neighborhood/community garage sales as well. Council Member Freed has suggested that the number of sales be limited in Grapevine, but that no permit or fees should be required. This will enable staff to enforce complaints when a resident is having an inordinate number of sales, but will not place a burden on citizens that wish to have sales that comply with the ordinance. Should City Council wish to proceed with an ordinance amendment, staff will prepare a draft to present to the Planning and Zoning Commission and Council in the near future. 0AZWwk.garage sales.doc 5/27/2010 CITY GARAGE SALE Arlington, TX Permit — None required Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive days Fee — No fee Signs — Number, placement and size are all regulated Bedford, TX Permit — Required Frequency — No more than four (4) times per calendar year and not to exceed seventy two (72) hours Fee — $10.00 for three signs, up to two (2) additional signs my be purchased at $2.00 each (must use city issued signs) Signs — Number, placement and type are all regulated based on the garage sale permit Colleyville, Permit — None required TX Frequency — Up to ten (10) times per year Fee— None Signs — One (1) sign per street frontage, where there is an existing residence Neighborhood sales - Neighborhood garage sales must be sponsored by a homeowners association (HOA), two (2) signs per subdivision entrance Euless, TX Permit — Required Frequency — No more than two (2) per calendar year and not to exceed three consecutive calendar days Fee — $5.00 Signs — One (1) sign provided by the city to be placed on the premises. Three (3) additional signs may be issued by the city for placement in remote locations Flower Permit — None required Mound, TX Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive calendar days Fee— None Signs — Number, area, height, setback based on Temporary Commercial Sign ordinance CITY GARAGE SALE Fort Worth, Permit — Required TX Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive calendar days Fee— None Signs — One on -premise sign allowed. All other signs are considered a violation Grand Permit — Required Prairie, TX Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive calendar days Fee— None Signs — All signs require a "permit tag". The number, area, height, setback are all regulated Neighborhood/Community sales - shall be exempt from these requirements provided a special event has been approved through building inspections Irving, TX Permit — Required Frequency — No more than two (2) per calendar year and not to exceed seventy-two (72) hours Fee— None Signs — One (1) sign permitted on -premise, no more four (4) signs permitted off -premise. Size of sign is also regulated Keller, TX Permit — None required Frequency — Not regulated Fee— None Signs — One (1) per subdivision entrance for a neighborhood garage sale Neighborhood/Community sales - shall be limited to no more than two (2) times per year. A permit is required for the signs but there is no fee required for the sign. Lewisville, Permit — Required TX Frequency — shall be limited to no more than two (2) times per year and not to exceed three (3) consecutive calendar days Fee — $2.50 Signs — One (1) on -premise sign permitted, not to exceed two (2) square feet. Remote signs are illegal. CITY GARAGE SALE Mansfield, Permit — Required TX Frequency — No more than three (3) times per calendar year and not to exceed three (3) consecutive calendar days Fee — $5.00 Signs — No more than (3) signs, one (1) on -premise and two (2) off - premise are permitted - area and placement are regulated Southlake, Permit — None required TX Frequency — No more than two (2) times per calendar year and not to exceed seventy two (72) hours Fee— None Signs — Up to four (4) signs, one (1) on-site and three (3) off-site — sign placement is regulated Arlington Bedford Colleyville Euless Flower Fart Worth Grand Irving Keller I 1 Lewisville Mansfield Southlake Mound prairieI 1 Permit Required Req YES YES NO YES NO YES YES YES NO YES YES NO No more thanShall two (2) No more than more than ; No more than two No more than No more than No more than be limited to no No more than three {3) No more than per calendar year four (4) times w two 2 `) per calendar year (2) per calendar year two (2) per I two (2) per calendar year two (2) per more than times per two (2) times and not to per calendar Up to ten (10) and not to and not to ,, Q calendjar year and not to calendar year two 2 times calendar year per-calendar Frequency exceed three year and not times per exceed three exceed three ; and not to exceed three and not to Not regulated per year and and not to year and not (3) to exceed year consecuve ti (3) exceed three (3) exceed not to -exceed exceed three to exceed consecutive seventy two � .calendar days consecutive consecutive consecutive , seventy two three (3) (3) seventy two days (72) hours calendar days calendar days calendar days 1 {72) hours consecutive consecutive (72) hours calendar days -calendar days Fee None$10.0 !,see signs)nl None $5.00 None None None None None # $2.50 $x.00 Non.,e Number, placement One (1) sign and type are all regulated provided by j One (1) sign No more than based on the the city to be placed on the Number; One (1) on- All signs g -permitted on- One (1) on- (3)-signs, one U to four 4 ' { } Number, garage sale permit - p One (1) sign per street premises - area, height, setback premise sign � require a �� premise, no more 'four -(4) One (1) per premise sign permitted, -not (1) on- premise and signs, one (1) g Signs g placement p $10.00 for frontage, ge three 3 {) additional based on ii 1 allowed. All other signs g permit tag - the number, signs subdivision entrance for a to exceed two two {2) off on-site and , three t3) of►- and size are all -regulated three signs, up to two (2) where there is an existing signs may be Temporary Commercial are area, height, permitted of- premise — neighborhood =(2) square feet - remote premise are permitted - i t site —sign additional residence issued by the city for Sign, considered a violation -setback are size of sign is garage sale signs are area and placement is signs my be placement in ordinance all regulated also regulated illegal placement regulated purchased at -remote are regulated $2.00 each ' _(must use city locations j l issued signs) Shall be Shall be exempt form limited to no these more than requirements two (2) times Neighborhood provided a per year. A Community special event permit is sales has been required for approved the signs but through there is no building flee required inspections. for the sign. Z MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JULY 20, 2010 SUBJECT: AM10-03 -AMENDMENTS TO ALL APPLICABLE SECTIONS OF THE ZONING ORDINANCE RELATIVE TO THE SALE OF GOODS AND MERCHANDISE FROM RESIDENCES Staff recommends the City Council and Planning and Zoning Commission consider the amendments to all applicable sections of the zoning ordinance relative to the sale of goods and merchandise from residences, and take any necessary action. The Zoning Ordinance does not currently specifically address garage and yard sales, leaving staff few options for enforcement when a resident has an excessive number of sales. Code Enforcement has historically interpreted the home occupation provisions of the Zoning Ordinance to apply when dealing with such cases. However, there is nothing in the ordinance that addresses the length of time for garage sales, nor the number that may be held. Attached are survey results from 12 area cities relative to garage sales. Eight of the cities surveyed require a permit and four do not. Of the eight cites which require a permit, four do not charge a fee for the permit. Garage sale permit fees range from $2.50 to $10.00. The frequency of garage sales allowed in most cities was no more than two per calendar year, not to exceed three consecutive days. In addition to garage sales conducted at individual residences, some cities regulated neighborhood/community garage sales as well. The proposed ordinance amends the various residential zoning districts by specifying criteria for the sale of merchandise and goods from a home. The proposed ordinance limits the number of sales that can be held, but no permits or fees are required. This will enable staff to enforce complaints when there are an inordinate number of sales, but will not place a burden on citizens that wish to have sales that comply with the ordinance. City Council discussed regulation of garage sales at their June 1, 2010 workshop and directed staff to move forward with a draft ordinance. R:\AGENDA\07-20-10\AM10- 7/14/2010 10:45:07 AM 03.4.doc 072010 Section 13 - R-20 Single Family Residential 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Servants' quarters not leased or rented to anyone other than the family of a bona fide servant, giving more than fifty (50) percent of his or her employed time at the premises to which the servants' quarters is an accessory use and in the employ of the family occupying said premises. 3. Guest quarters, cabana, pavilion, or roofed area. 4. Private swimming pools and tennis courts. 5. Accessory buildings (storage buildings, hobby shops, barns). 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 9. Sale of merchandise or goods, including but not limited to garage sales and vard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 9, when any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F. and G. Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line six (6) feet plus two (2) additional feet for each additional foot of height over sixteen (16) feet. The height of the structures shall be measured from the top of the slab or from its bottom floor. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued. 091807 2 Section 13 072010 Section 14 - R-12.5 Single Family Residential in this district. 2. Cabana, pavilion, or roofed area. 3. Private swimming pools. 4. Accessory Buildings. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 8. Sale of merchandise or -goods, including but not limited to clarage sales and vard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three 13) continuous days For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, when any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F., and G. Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line six (6) feet plus two (2) additional feet for each additional foot of height over sixteen (16) feet. The height of the structures shall be measured from the top of the slab of from its bottom floor. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non-profit community centers and swimming pools and tennis courts. 2 091807 Section 14 072010 Section 15 - R-7.5 Single Family Residential in this district. 2. Cabana, pavilion, or roofed area. 3. Private swimming pools. 4. Accessory buildings. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine code of Ordinance. 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F., and G. Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line six (6) feet plus two (2) additional feet for each additional foot of height over sixteen (16) feet. The height of the structure shall be measured from the top of the slab or from its bottom floor. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and non profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non profit community centers and swimming pools and tennis courts. 091807 2 Section 15 072010 Section 16 - R-5.0 Zero Lot Line 3. No dwelling shall be closer than twelve (12) feet between the face of the exterior walls of neighboring dwelling unit. 4. Private swimming pool. 5. Storage buildings one hundred twenty (120) square feet or less have no plumbing. 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 9, when any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line and shall meet the requirements of Section 42.C.,D.,E.,F., and G. Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line six (6) feet plus two (2) additional feet for each additional foot of height over sixteen (16) feet. The height of the structure shall be measured from the top of the slab or from its bottom floor. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a Conditional Use Permit is issued. 1. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non-profit community centers and swimming pools and tennis courts. 091807 2 Section 16 072010 Section 17 - R-3.5 Two Family District 4. Signs subject to the provisions of Section 60. 5. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 6, when any of the foregoing permitted accessory uses are detached from a principal dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line nor less than twenty (20) feet from any street right-of-way, and at least six (6) feet from the rear and side lot lines. Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line six (6) feet plus two (2) additional feet for each additional foot of height over sixteen (16) feet. The height of the structures shall be measured from the top of the slab or from its bottom floor. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non-profit community centers and swimming pools and tennis courts. 3. Memorial gardens and cemeteries. 4. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. LIMITATION OF USES: 1. There shall be a separate platted lot of record for each duplex structure. 091807 2 Section 17 DRAFT 072010 Section 18 - R-3.75 Three and Four -Family District 4. Cabana, pavilion or roofed area. 5. Signs subject to the provisions of Section 60. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued. 1. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non-profit community centers and swimming pools and tennis courts. 3. Memorial gardens and cemeteries. 4. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. D. LIMITATION OF USES: 1. There shall be a separate platted lot of record for each triplex and fourplex structure. 2. In the event a triplex or fourplex structure is converted to separate ownership, the structure shall be considered a town house unit and shall be permitted provided that all requirements and regulations of the R-TH District are met and maintained. 3. Not more than three (3) persons unrelated by blood or marriage, may occupy Section 18 2 072010 Section 20 - R-TH Townhouse District 2. Cabana, pavilion, or roofed area. 3. Meeting, party, and/or social rooms in common areas only. 4. Off-street parking and private garages in connection with any use permitted in this district. 5. One storage building per dwelling unit one hundred (100) square feet or less, and having no plumbing. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 7. Sale of merchandise or -goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. No accessory uses may be located between the building line and the front property line. Private garages on lots having a minimum width of less than forty (40) feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. 1. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non profit community centers and swimming pools and tennis courts no closer than seventy-five (75) feet to any adjacent residential district. 3. Memorial gardens and cemeteries. 4. Public and private noncommercial recreation areas and facilities such Section 20 2 DRAFT 072010 Section 22A - R-MODH Modular Home District Section 22A. R-MODH Modular Home District Regulations PURPOSE: The R-MODH Modular Home District is established to provide for adequate space and site diversification for single-family detached modular home subdivisions. This district recognizes modular homes as a specific form of housing and provides appropriate standards generally consistent with the R-7.5 Single-family district regulations. Other requirements specific to modular home construction are set forth in this section. USES GENERALLY: In a R-MODH Modular Home District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PRINCIPAL USES: Single-family detached modular homes. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached modular home provided that none shall be a source of income to the owner or user of the principal use: Private garage. 2. Private swimming pool. 3. Storage buildings one hundred twenty (120) square feet or less and having no plumbing. 4. Cabana, pavilion or roofed area. 5. Communication equipment meeting the requirements of Chapter 7, Article XI I of the Grapevine Code of Ordinance. 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three (3) continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 6, when any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot line, twenty (20) feet from any street right-of-way, and six (6) feet from rear and side lot lines. 091807 1 Section 22A CITY GARAGE SALE Arlington, TX Permit — None required Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive days Fee — No fee Signs — Number, placement and size are all regulated Bedford, TX Permit — Required Frequency — No more than four (4) times per calendar year and not to exceed seventy two (72) hours Fee — $10.00 for three signs, up to two (2) additional signs my be purchased at $2.00 each (must use city issued signs) Signs — Number, placement and type are all regulated based on the garage sale permit Colleyville, Permit — None required TX Frequency — Up to ten (10) times per year Fee— None Signs — One (1) sign per street frontage, where there is an existing residence Neighborhood sales - Neighborhood garage sales must be sponsored by a homeowners association (HOA), two (2) signs per subdivision entrance Euless, TX Permit — Required Frequency — No more than two (2) per calendar year and not to exceed three consecutive calendar days Fee — $5.00 Signs — One (1) sign provided by the city to be placed on the premises. Three (3) additional signs may be issued by the city for placement in remote locations Flower Permit — None required Mound, TX Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive calendar days Fee— None Signs — Number, area, height, setback based on Temporary Commercial Sign ordinance CITY GARAGE SALE Fort Worth, Permit — Required TX Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive calendar days Fee— None Signs — One on -premise sign allowed. All other signs are considered a violation Grand Permit — Required Prairie, TX Frequency — No more than two (2) per calendar year and not to exceed three (3) consecutive calendar days Fee— None Signs — All signs require a "permit tag". The number, area, height, setback are all regulated Neighborhood/Community sales - shall be exempt from these requirements provided a special event has been approved through building inspections Irving, TX Permit — Required Frequency — No more than two (2) per calendar year and not to exceed seventy-two (72) hours Fee— None Signs — One (1) sign permitted on -premise, no more four (4) signs permitted off -premise. Size of sign is also regulated Keller, TX Permit — None required Frequency — Not regulated Fee— None Signs — One (1) per subdivision entrance for a neighborhood garage sale Neighborhood/Community sales - shall be limited to no more than two (2) times per year. A permit is required for the signs but there is no fee required for the sign. Lewisville, Permit — Required TX Frequency — shall be limited to no more than two (2) times per year and not to exceed three (3) consecutive calendar days Fee — $2.50 Signs — One (1) on -premise sign permitted, not to exceed two (2) square feet. Remote signs are illegal. CITY GARAGE SALE Mansfield, Permit — Required TX Frequency — No more than three (3) times per calendar year and not to exceed three (3) consecutive calendar days Fee — $5.00 Signs — No more than (3) signs, one (1) on -premise and two (2) off - premise are permitted - area and placement are regulated Southlake, Permit — None required TX Frequency — No more than two (2) times per calendar year and not to exceed seventy two (72) hours Fee— None Signs — Up to four (4) signs, one (1) on-site and three (3) off-site — sign placement is regulated LLJ J LLl Q Q O 0 CD W Z J _Q z LL! 0 Fn LLI w m c O w E�O a) '0 a)c C c c a o 0 o Z O C 0 0 O s 0 Cl) a) N E m O X a 00 mN>N O m •N m I a) oa)c m Q T O Q :D (n O .L-.• C N Q) m a) co GN 'O coc 'a N W .M,.. C. cc p 'O U '00 Lo O p) cnN, N E } p o�ma>a aa) c� C m ow0�O�a m Pp� ao Z 0 cca (POv coi Z °. n. 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