[HISTORY: Adopted by the Town Board of the Town of Queensbury 4-21-1997
by L.L. No. 3-1997. Amendments noted where applicable.]
[Amended 11-19-2007 by L.L. No. 8-2007]
This chapter shall be titled "Special Sales Events and Garage Sales."
The authority for this chapter is § 10 of the Municipal Home Rule Law and Article 16 of the Town Law.
The purpose and intent of this chapter is to regulate the temporary
use of land for special sales events in a manner consistent with its normal
use and beneficial to the general welfare of the public. Furthermore, it is
the intent of this chapter to protect nearby property owners, residents and
businesses from special events which may be disruptive, obnoxious, unsafe
or inappropriate given site conditions, traffic patterns, land use characteristics
and the nature of the proposed use. Finally, it is the intent of this chapter
to preserve the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale of household or personal items from private residential
property, on a temporary basis that may or may not have been advertised. Other
common names include, but are not limited to, "tag sale," "yard sale," "porch
sale," "tent sale," "rummage sale," or "attic sale."
[Added 11-19-2007 by L.L. No. 8-2007]
Sales of goods or merchandise by a business at a location other than
its principal location in the Town of Queensbury.
A temporary, short-term use of land or structures for the purpose
of off-site sales, or on-site sales in a tent or similar temporary structure
if such sales were not permitted by site plan review, conducted by an established
business lawfully in existence and operation within the Town of Queensbury,
provided that the items being offered for sale are those items already primarily
offered for sale by that business at its principal location.
[Amended 5-16-2005 by L.L. No. 2-2005]
A.
Special sales events meeting the following standards
may be issued a special sales event permit administratively by the Department
of Community Development. In administering the provisions of this chapter,
the Department shall be guided by applicable Town policies as adopted by the
Town Board. Any applicant denied a special sales events permit shall be notified
in writing of the reasons for the denial. No more than two special sales events
permits per calendar year shall be issued administratively to any one applicant.
B.
Special sales events may be permitted administratively
by the Department of Community Development, provided that all of the following
criteria are met:
(1)
An application is made and a fee paid in accordance with
this chapter.
(2)
No more than one sign may be displayed.
(4)
The special sales event should not cause undue traffic
congestion or accident potential given anticipated attendance and the design
of adjacent streets, intersections and traffic controls.
(5)
The special sales event should not cause the overcrowding
of parking facilities given anticipated attendance and the possible reduction
in the number of available spaces caused by the event itself.
(6)
The special sales event should not endanger the public
health, safety or welfare given the nature of the activity, its location on
the site and its relationship to parking and access points.
(7)
The special sales event should not impair the usefulness,
enjoyment or value of adjacent property. In making this determination, the
Department shall consider the generation of excessive noise, smoke, odor,
glare, litter or offensive visual appearance.
(8)
Any structure used in conjunction with the special sales
event shall be subject to all applicable building codes and shall be promptly
removed upon the cessation of the event.
(9)
The special sales event may be conducted only on property
zoned as Highway Commercial, Plaza Commercial, Enclosed Shopping Center and
Light Industrial Zoning Districts.
(10)
The duration and hours of operation of the special sales
event shall be consistent with the intent of the event and the surrounding
land uses, but in no case shall the duration exceed 12 days.
(11)
A tent or similar temporary structure may not be used for any
purpose other than sale and storage of items already primarily offered for
sale by that business at its principal location. Such tent or similar temporary
structure may be erected and maintained for a maximum of seven consecutive
days and no more than twice in any year.
[Added 5-16-2005 by L.L. No. 2-2005]
(12)
For a business located within a plaza, the prior grant of another
special sales event permit within the plaza must be taken into consideration
when determining whether the criteria for issuance of the requested permit
can be met.
[Added 5-16-2005 by L.L. No. 2-2005]
C.
Garage sales shall be permitted in the Town and shall be restricted
to weekends only. For the purposes of this section only, a weekend shall be
defined as beginning Friday at 8:00 a.m. through Monday at 5:00 p.m. All pre-existing,
nonconforming garage sales are excluded from having to comply with this section
until May 1, 2008.
[Added 11-19-2007 by L.L. No. 8-2007]
A.
No special sales events permit shall be issued until
an application has been submitted to the Department of Community Development
and the appropriate fee paid. The application shall be made on forms provided
by the Department of Community Development and shall be accompanied by the
following items as applicable:
(1)
A letter from the applicant describing the proposed event,
the hours of operation, the duration of the event, anticipated attendance
and any structures, signs or attention-attracting devices (including visual
devices) used in conjunction with the event.
(2)
A scale drawing showing the location of the proposed
activities, structures, lighting and signs in relation to existing buildings,
parking areas, streets, property lines and any other elements integral to
the proposed event and/or considered necessary by the zoning administrator.
(3)
A letter from the property owner or manager, if different
from the applicant, authorizing the special sales event.
B.
Each application for a special sales event permit shall
be accompanied by an application fee. The fee for said application shall be
$125. If a tent or similar temporary structure will be utilized a deposit
of $500 shall accompany the application and shall be returned to the applicant
upon the timely removal of the tent or similar temporary structure.
[Amended 5-16-2005 by L.L. No. 2-2005]
C.
The Department of Community Development shall decide
on each application within 14 days of receipt of a complete application.
D.
The special sales event permit shall be posted on the
site for the duration of the event.
Any applicant whose special sales event permit is denied by the Department
of Community Development may appeal such denial to the Town Board of the Town
of Queensbury. The appeal to the Town Board shall be made by way of written
letter submitted to the Town Clerk of the Town of Queensbury within 30 days
of the date the permit is denied. The letter appealing the denial decision
shall set forth each and every reason why the applicant feels that the denial
of the permit was improper. Upon receipt of such an appeal, the Town Board
of the Town of Queensbury shall, within 30 days, mail written notice to the
applicant stating that the Town Board will consider the appeal within 30 days
at a public meeting at which the applicant will have the right to be heard.
Upon such consideration and within 30 days thereafter, the Town Board of the
Town of Queensbury shall make a decision as to whether to uphold or overturn
the Department of Community Development's denial. In the event that the Town
Board fails or refuses to take action on the appeal, such nonaction shall
not be considered as approving the permit, but shall allow the applicant to
proceed with any type of legal proceeding which (s)he may be entitled to commence
under law. Any such legal proceeding must be commenced within 30 days of the
Town Board's action or 30 days from the last date by which the Town Board
was to have taken some action as required by this chapter.
The Town Board may, from time to time and by resolution, specify the
form of the applications and permits required herein but may not change the
content or matters to be included therein without revision of this chapter.
If for any reason any section or part or parts of any section of this
chapter shall be deemed unlawful or unenforceable by a court of competent
jurisdiction, such determination shall not affect or impair the validity of
any other provisions of this chapter, but such other provisions shall remain
in full force and effect.
A.
Each violation of this chapter or of any regulation,
order or rule promulgated thereunder shall be punishable by a fine not exceeding
$950 for each offense. Each day a violation continues shall be a separate
offense.
[Amended 5-16-2005 by L.L. No. 2-2005]
B.
In the event that any special sales events or garage
sales conducted or any building, structure or land or site is used in violation
of this chapter or any permit or approval issued or made hereunder, the Code
Compliance Officer, Director of Buildings and Code Enforcement, Zoning Administrator,
Fire Marshal, or other proper local authorities of the Town may, in addition
to seeking other remedies, penalties and/or fines, institute any appropriate
actions or proceedings to:
[Amended 11-19-2007 by L.L. No. 8-2007]
[Amended 11-19-2007 by L.L. No. 8-2007]
In addition to the Town of Queensbury officers and/or employees authorized,
expressly or by implication, to administer and enforce this chapter, the Code
Compliance Officer, Director of Building and Code Enforcement, Zoning Administrator
and Fire Marshal for the Town of Queensbury are expressly delegated the duty
and responsibility to administer and enforce the provisions of this chapter
and, in furtherance thereof, to issue appearance tickets as defined, authorized
and set forth in Article 150 of the Criminal Procedure Law of the State of
New York.
