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HomeMy WebLinkAboutCP 20 r p r so■ POLICY PROPOSAL DATE FILE NUMBER SUBJECT Regulation of Garage Sales - PAGE -I-OF--L 2/14/77 CP-20 Zoning Ordinance PROPOSAL PROPOSED BY: CITY MANAGER' EVIEW Henry Meadows, Councilm ` In the recent past Council members and staff have received numerous complaints regard- ing garage and/or yard sales. Most frequently the complaints have involved situations where the sales are held several times during the year at the same location. Many complainants have alleged that some garage sales which are held repeatedly at the same place are actually businesses which are operating in residential areas in viola- tion of the City's zoning ordinance, at a competitive advantage over those businesses operating legally and collecting sales taxes. Therefore, this proposal is submitted to provide a reasonable degree of regulation of garage sales. It is not our intention nor desire to prohibit or unduly restrict garage sales which provide a legitimate means of disposing of articles which would otherwise create over-crowded conditions or be discarded. We feel that a limited number of garage sales per residence per year is generally beneficial to the total community and presents no serious interference with full time businesses. Proposal It is proposed to amend the zoning ordinance to allow garage or yard sales two times per year per residence. Each garage sale could not last more than 72 consecutive hours. The regulation would apply only in residential zones, i.e. both single family and multi-family zones, but no others. Further, it is proposed that an application and permit system be established and administered through the Applications Section in City Hall. The applicant would call the Application Section and request a permit for a garage sale at least 72 hours in advance of the proposed sale. .During the tele- phone conversation the Applications Clerk would assign a permit number to the garage sale and upon receipt of a $2.00 permit fee would mail a postcard type permit to the applicant. Upon receipt of the permit the applicant would post the permit in full view of shoppers at the sale. Those sales found to be in operation withouta permit would be subject to fine under the ordinance. City Manager's Comments On November 8, 1976, the City Council requested the staff to determine what other cities are doing in the way of limiting the frequency of garage sales at the same locations. The survey of cities has been completed by staff. 50 cities were contacted and 41 responded. A majority of these cities either control or prohibit garage sales. None of the cities polled permit more than two garage sales at any single location within any given year. There is no uniformity in the cities requiring permits. The fees vary from no charge to $5.00 per permit. In the majority of the cities the zoning ordinance is the vehicle used to regulate garage sales. LEGALITY Q0 FISCAL NOTE CITY MANAGER'S COMMENTS • PAGE OF 3 POLICY PROPOSAL (cont'd) op Garage sales are considered to be one of the elements of zoning regulation. At the present time regulation of the zoning ordinance is handled on a complaint basis only and is assigned to the eight building structural inspectors in the Building Inspection Division. The first priority in this division is the enforcement of the Building Code for the health, safety and welfare of the citizens of Fort Worth. Zoning enforce- ment is sandwiched between building code inspections as time permits. Because of priority inspection of construction, the building inspectors work hours are during the normal working hours of the building industry from Monday through Friday. These working hours do not cover those hours after the normal working day and on weekends when many zoning violations such as garage sales occur. The magnitude of the zoning violation problem is severe. The staff presently handles approximately 1700 complaints per year and estimates that approximately 4700 zoning violations such as businesses operating in residentially zoned areas may exist. It is also estimated that there are approximately 13,000 garage sales held annually within the City of Fort Worth many of which result in zoning complaints. Problem areas of zoning enforcement are in home occupations, changing of commercial and industrial uses to illegal uses, operation of "Supper Clubs" in "E" Zone Districts storage of materials on properties, non-conforming uses, heights and location of fences and temporary uses. The proposed changes in the zoning ordinance to provide for regulation of garage and yard sales is recommended along with the addition of a clerical employee to handle the issuance of permits. . The procedure will provide a means of identifying legiti- mate garage sales and will make it much more difficult for the intrusion of "Garage Sale Businesses" into residential neighborhoods. Enforcement will be on a complaint basis utilizing existing inspection personnel. However, the procedure may increase a presently heavy working load in the zoning enforcement area. Action may be necessary in the future to address the seriously inadequate zoning inspection program by crea- tion of a zoning inspection section or other appropriate organizational structure. Legality, An ordinance will be required to initiate the proposed procedures. Fiscal Note It is estimated this program will require one additional clerk at an annual salary of $7,080, including fringe benefits and related supplies for a total annual cost of $8,790. In addition there is a one time expense totaling $640 to provide a file cabinet, desk and chair. The total first year cost would be $9,430. Based on the current estimates of the number of garage sales, this cost would be offset by the revenue generated from the permits. In order to finance this activity the following accounting transactions will be necessary: 1) Adopt an ordinance amending the appropriation ordinance by increasing the Public Works Department Building Division Activity (001-20400) by $8,350 and the Departmental Support Account (001-20999) by $1,080. CITY OF FORT WORTH POLICY PROPOSAL (cont'd) PAGES OF 3 00M L 2) Create a new revenue account titled "Garage Sale Permits" (001-02326) to record the revenue from issuance of the permit. Hen Meadows, Councilman Ir3 Jim radshaw, Councilman I CERTIFICATE Xbuld that th . above CITY OF FORT WORTH„ ing no ice of THE SUBJECT MATTER OF THIS Y. a..�.. s g ted on the WAS PRESKNUM TO TIM CITY COU$C� - / - 7-7 o d at. the City rT AND WAS El PROPED a 'ty of Fort , s,, o theat lock. Cl Y Szcretary City. Secretary city_ ox Fort Wortb%, Ta$as CITY OF FORT WORTH