Long-term yard sales reined in

Whitefish City Council voted Monday to rein in long-term yard sales and stomp out some illegal home businesses.

Yard sales will now be limited to three three-day weekends or 10 consecutive days every six months. Council said the two options should give residents enough time to sell their used personal items without being a nuisance to neighbors.

“If somebody can’t sell something in three three-day weekends, it ain’t going to sell,” councilor John Anderson said.

The zoning text amendments also gives the city more teeth when asked to enforce city code. Last year the city received multiple complaints about an ongoing yard sale in the City Beach area, but had no way to address the situation.

Yard and garage sales were previously not mentioned in the zoning code and enforcement was difficult, planning director David Taylor said.

“There are people that abuse the system and it gets out of hand,” Taylor told council.

Chris Hyatt had concerns about limiting the sales too much.

“What do we do to the guy who has to sell everything?” Hyatt asked.

“Somebody may have to move out of here.”

Frank Sweeney suggested giving residents the option for either three three-day weekends or 10 consecutive days.

“Let’s give them the ability to pick their poison,” Sweeney said. “Let’s give the neighbors fair treatment here.”

The option to hold a sale for 10 consecutive days also allows for once-a-year events such as the annual Doctors Without Borders yard sale.

New text to city code restricting home occupations sparked the most discussion among councilors — namely text that limits auto and engine repair. The new amendment says any type of repair of equipment with internal combustion engines or of large appliances is restricted in residential areas.

Phil Mitchell didn’t think there was a problem in the city with home repair shops and questioned why the city wanted to crack down on those operations.

“Let’s say someone wanted to repair a couple of cars a week in their garage,” Phil Mitchell said. “If someone wants to work on a vehicle or two, they should be able to do it.

“I know people who are retired who work on cars. Basically we’re telling them they can’t do their work anymore.”

Taylor said the new amendments were added to make it clear that these types of businesses need to be in the commercial district. He said the city has performance standards for home occupations and their impact on the neighborhood.

“If you have a home-based business, your neighbor shouldn’t know it,” he said. “Most engine repair complaints are noise and traffic related.”

“To say someone is only going to work on one car at a time is naïve.”

He said the city currently enforces this code through the business license process.

“If it’s somebody [repairing engines] on the side for $20 and six pack of beer, they’re probably not going to come in for a business license,” he said.

Mitchell asked if the city was receiving complaints about home-based engine repair shops.

Taylor said they haven’t received any while he has worked for the city, but said this was a preventative measure.

“I guarantee these will come up,” he said. “I’ve seen it other places.”

Sweeney said he was more concerned about the environmental impact of these types of home engine repair businesses.

“My concern is not your buddy who’s going to fix your car,” he said.

But, he added, “They’re dealing with fluids and materials that are environmental hazards. Doing that in a residential area is the wrong setting. On an ongoing basis, multiply that over the year, and you’re dealing with an awful lot of fluids you don’t want to have around.”

An exception was made in the amendment for auto detailing businesses.

Other home businesses that are clarified to be illegal are pet boarding services, extermination services, dispatch centers, retail sales and equipment or vehicle rentals.

Council voted 4-1 to approve the text amendments. Mitchell was the lone dissenting vote.