City Planning Commission agrees to study regulation of yard sales in Charlottesville

By Julia Glendening
Charlottesville Tomorrow
Wednesday, July 15, 2009

The City Planning Commission has agreed to study whether Charlottesville should create a permit system that would restrict homeowners to only three yard sales a year. The idea was presented to the Commission at their meeting on July 14, 2009 by Craig Fabio, the City Zoning Inspector. The program would allow Charlottesville to regulate and keep track of all the yard sales in the City, while fining violators of the ordinance. Fabio hoped it would also reduce the amount of illegal signage posted around the City and reduce the amount of time staff spent removing the signage.

Podcast produced by Charlottesville Tomorrow * Player by Odeo

Listen using player above or download the podcast: Download 20090714-CPC-yard-sales

Fabio began the discussion during the Commission’s pre-meeting held outside City Council chambers, by outlining basics about the program. He said if the permit system is instated, people would have to obtain a yard sale permit, which would allow them to have up to three yard sales a year. The fee for the permit is currently estimated to be $5 for administrative purposes; however, Fabio said this could be waived, specifically if the process was done via e-mail. Once a permit is obtained, a certain number of advertising signs would be allowed, as long as they were promptly removed after the sale. The system would be implemented in the residential area and Fabio mentioned staff will examine how churches will be classified.

Approximately a dozen versions of this sign were posted in the Woolen Mills area

Fabio said the main problems with unregulated yard sales is that they can be illegal businesses if conducted on a regular basis. He said people have been buying items and selling them every weekend as a “Temporary Outdoor Sale,” essentially running a business from their home. Fabio said this is not permitted in a residential area and there have been many complaints from neighbors.

Excessive and illegal signage is another pressing problem with yard sales according to City staff. Fabio said currently no signs are allowed to be posted off of a person’s private property and the fines are $100 for the first sign violation, $250 for each additional sign up to $5,000. He estimated that staff spends about two hours a week removing illegal signage. He stressed the importance of education and described the handout staff gives to violators to educate them instead of spending the City’s time and money to prosecute them in court.

During the regular meeting, Commissioner Dan Rosenweig pulled the item from the consent agenda for more discussion. He was concerned with putting too many restrictions on City residents.

“I believe that healthy yard sales are a healthy part of a secondary economy,” said Rosenweig. “I think at the end of the day we have to look to see if passing this ordinance serves the general welfare.”

Commissioner Cheri Lewis agreed and said, “We have to make sure we are not over-regulating behavior that is not objectionable.” This was Lewis’s last meeting of her eight-year term on the Planning Commission.

Vice Chair Mike Farruggio also expressed his concerns with the enforcement of the program and said he did not believe people would utilize the system by obtaining a permit, especially if there is a $5 fee.

Chair Jason Pearson directed that staff should focus on the negative impacts of the permit system as they prepare a report on the issue for the Planning Commission. He summarized that the Commissioners wanted to know whether people will be inhibited from having legitimate yard sales.

Although Commissioners had concerns, they unanimously approved the initiation of a study on the yard sale permit system. Staff will have 100 days to complete the study and will bring the topic back to the Planning Commission at a later date.

TIMELINE FOR PODCAST
PRE-MEETING

• 01:00 – Craig Fabio answers Cheri Lewis’s previously e-mailed questions
• 05:00 – Genevieve Keller asks whether this regulation could become too complicated
• 05:25 – Dan Rosenweig confirms resources spent and current signage rules
• 06:53 – Brian Haluska begins discussion of allowing signage
• 10:15 – Lewis asks about importance of regulating businesses
• 12:49 – Fabio outlines current fines
• 13:23 – Bill Emory comments on the length of regulations
• 20:12 – Jason Pearson comments on the difficulty of limiting signs for only yard sales
• 21:49 – Haluska discusses how hard it is to write code that regulates only illegal businesses
• 28:47 – Rosenweig mentions certain signs should be allowed to be posted
• 39:26 – Rosenweig decides to pull item from consent agenda

REGULAR MEETING

• 39:41 – Pearson introduces the topic during the regular meeting
• 41:57– Rosenweig comments on his concerns with the ordinance
• 44:47 – Farruggio expresses his concerns
• 46:00 – Emory comments he would like to see more information on the topic
• 46:49 – Pearson summarized requests for the focus of the study
• 47:45 – Fabio responds to Commissioners’ comments
• 51:00 – Lewis asks about permit process
• 52:00 – Farruggio asks about yard sales on public property
• 54:23 – Lewis comments on her opinion of the ordinance
• 56:14 – Rosenweig gives his suggestions for staff
• 57:32 – Lewis reiterates question about districts the ordinance will apply to
• 59:30 – Pearson comments on informal economy
• 1:01:00 – Missy Creasy discusses Cherry Avenue zoning
• 1:03:00 – Lewis asks for the study to review Temporary Outdoor Sales

Comments

[Daniel Nairn]

Yard sales are ...

1. Good for the environment. Reusing stuff means less stuff in the waste stream.
2. Good for the economy. Especially during a downturn, struggling households can help make ends meet by purchasing used items (or selling unneeded items).
3. Good for community. I've met several neighbors through holding yard sales or visiting yard sales in my neighborhood. Sometimes groups of neighbors team up for block sales, which can become small-scale community events.

I'm glad the PC is proceeding cautiously on this one. Individual households may be just as likely to be deterred by paperwork and legal uncertainty as they would be by a $5 fee. It's not as if these things are cash cows.

If yard sales "can be illegal businesses if conducted on a regular basis" why do we need additional regulation? It sounds like the problem cases are already illegal. Maybe I'm missing something.