[Amended 11-19-2007 by L.L. No. 8-2007]
This chapter shall be titled "Special Sales Events and Garage Sales."
[HISTORY: Adopted by the Town Board of the Town of Queensbury 4-21-1997 by L.L. No. 3-1997. Amendments noted where applicable.]
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.