The sale of personal property in a residential district shall be permitted, without regard to local zoning restrictions, if the following conditions are met:
(A) Items commonly associated with residential use and found in a household may be offered for sale at such location. Items cannot be obtained for the sole purpose of developing an inventory for sale. Such sales are intended to be for the sale of secondhand merchandise used in or around a household and no longer needed or desired by the owner for that purpose.
(B) A sale may last:
(1) A single day or any part of a day;
(2) Two consecutive days; or
(3) Three consecutive days.
(C) A sale cannot last longer than 3 consecutive days.
(D) Any 1 person, family, firm, group, corporation, association, or any other organization or legal entity shall have no more than 4 sales lasting a total of no more than 6 days within a 12 month period.
(E) Any property on which the sale is conducted shall be owned by the operator/participant of the sale, who must be present at all times during the sale.
(F) All merchandise must be removed from public view at the conclusion of a sale.
(G) Any person, family, firm, group, corporation, association, or any other organization or legal entity conducting such an event in an commercially zoned location is required to comply with all regulations pertaining to the particular zoning designation as set forth in Title 9 of the Code of Ordinances of the town.
(H) All items exhibited for sale must be stored in a completely enclosed area after the last day of the sale.
(I) The owner may advertise for the sale of individual personal property items (a motor vehicle, piece of furniture, or other such item) in the local media. Except in the case of a motor vehicle, the item may not be displayed for sale except in accordance with the above restrictions. The owner may not offer for sale more than 1 motor vehicle at any time and the motor vehicle must be owned by the resident of the real estate where it is stored and not obtained by the resident for the sole purpose of resale.
(J) Rain delay. A sale shall not be considered as occurring for the purposes of division (D) above unless it actually occurs. A sale that is advertised but does not take place due to rain or for any other reason, shall not be considered as a sale under this chapter.
(Ord. 101712B, passed 10-17-2012)