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(a) Defined: Garage sales and boutique sales.
(1) “Garage sale,” as used in this section shall refer to a sale from a residence or residential property of personal property which has been owned or used previously by an individual or resident residing on the premises where the sale is conducted. A yard or patio sale shall be included within the definition of “garage sale.” The term “garage sale” shall not include the mere incidental sale of one or two (2) items of personal property when such sale is not a part of a general sale of a number of items of personal property.
(2) “Boutique sale” as used in this section shall refer to a sale from a residence or residential property of small handcrafted items produced entirely by local persons within their own residence. These items may include, but are not limited to, the following: Items produced by sewing, needlework, ceramics and woodworking.
(b) General retail sale prohibited. The conduct of general retail sales or commercial activities in residential areas, except as is otherwise expressly authorized under this Code, shall be prohibited.
(c) Permitted: Limitations. Garage sales and boutique sales shall be permitted only insofar as they are conducted consistent with the following limitations:
(1) No more than two (2) garage sales or boutique sales shall be conducted on the premises in any calendar year; provided, however, a third sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the Community Development Director or his duly authorized representative. No single sale shall be conducted for longer than two (2) consecutive weekends, or seventy-two (72) hours, whichever is the lesser. Garage sales or boutique sales may be conducted during daylight hours only.
(2) Personal property offered for sale at a garage sale or a boutique sale may be displayed on a driveway, in a garage, and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in any front yard area or in any public right-of-way.
(3) Except as provided below, signs used in conjunction with a garage sale or boutique sale shall be displayed only on the premises upon which the sale is conducted. Two (2) off-site directional signs may be permitted by the Community Development Director provided the premises upon which the garage sale or boutique sale is conducted is not on a major thoroughfare, and written permission to erect such signs is received from the property owners on whose property such signs are to be placed. Signs may be displayed only during the hours the garage sale or boutique sale is actively being conducted and shall be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day. No sign may be placed in the public right-of-way.
(4) A nonprofit organization or association of persons may conduct a garage sale or a boutique sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purposes of applying the two (2) sales per year limitation set forth in subsection (1) of this subsection.
(5) No garage sale or boutique sale shall be held so as to include more than one residence or parcel as the site of the sale unless a permit is first obtained from the Community Development Director or his authorized representative. In granting a permit for a garage sale or boutique sale encompassing more than one residence or parcel, the Community Development Director may impose reasonable conditions consistent with the policies of this section.
(6) Nothing contained herein regarding authorization of garage sales and boutique sales shall be intended to displace or supersede tract covenants, codes and restrictions found in title to affected properties within the City.
(Ord. 535-NS, eff. July 17, 1975, as amended by Ord. 842-NS, eff. September 13, 1983)