[HISTORY: Adopted by the Town Board of the Town of Elma as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1986 by L.L. No. 12-1986]
This article shall apply to all dealers in the sale, purchase and rental of new and used motor vehicles, including but not limited to automobiles, commercial vehicles, recreation vehicles and boats and trailers therefor, located within the Town of Elma and shall apply to and regulate all such dealers and locations where the foregoing vehicles, boats and trailers are sold, offered for sale or rental, rented or stored or displayed for sale or rental.
All dealers to whom this article applies shall comply with the following restrictions and requirements in the conduct of their business:
No repair or collision work shall be performed, unless a specific use permit for repairs and/or collision work has been applied for and issued by the Town Board.
Hours of operation shall be from 8:00 a.m. until 10:00 p.m., unless a special permit for other hours shall be granted by the Town Board for exceptional or unusual promotions or circumstances.
No vehicles, boats or trailers shall be displayed within 20 feet from the surfaced portion of any road nor within 10 feet from side lot lines. Display shall be in such a manner that visibility of highways, intersections and driveways shall not be obscured.
Any vehicle which is damaged to the point of being inoperable and replacement parts for damaged items shall be stored inside a building or shielded by a fence or other adequate screening sufficient to be concealed from public view.
Open display lots or areas shall not be used after sunset, unless illuminated by electric lighting installed and arranged in such a manner as to deflect the lighting away from any public highway and adjoining residences. Unshaded strings of lights or bulbs are prohibited.
All lots maintained by dealers to whom this article applies shall comply with the following requirements and restrictions:
Dealers shall apply for a special use permit for the operation of a facility and shall not operate as a dealer without such permit from the Town Board.
Application for such permit shall be made in writing and shall be referred to the Planning Board for review and recommendation under the site plan provisions of the Code of the Town of Elma.
No permit shall be issued or approved until recommendation is received from the Planning Board.
All driveway and areas for display must be surfaced with paving material.
Each lot must have an adequate drainage system to drain surface waters in such a manner that no pools of water will form on said lot nor flow from said lot to the streets or to adjoining lands.
Each lot must have adequate off-street parking which will create no traffic hazard problem to adjoining streets or property.
Existing dealers in items to which this article applies must conform to the provisions hereof within three years from the enactment hereof. Failure to conform shall be a violation hereof.
Failure to comply with the requirements hereof shall be a violation hereof.
The Town Board may revoke the permit issued to any dealer for persistent or willful violations of the provisions hereof.
Editor's Note: This ordinance also provided that it shall take effect 3-4-1998.
Due to proliferation of new and used car sales and/or service requirements or applications in the Town of Elma; with a desire to control the zones and areas in which such facilities may be located; in order to maintain the character of the neighborhoods in the Town of Elma and the character of the Town itself; and to promote the health and safety of the citizens of the Town of Elma, the following article, which shall be known as the "Used Automobile Sales and/or Services Ordinance," is hereby enacted.
As used in this article, the following terms shall have the meanings indicated:
- NEW OR USED CAR LOT
- Any lot located within the Town of Elma which is used solely or partly for the sale and/or servicing for purposes of selling or preparing new or used automobiles for sale or any other automobiles requiring registration.
- The Town of Elma.
No new or used car lot shall be located in any zoning area but special-commercial, which zone shall be as approved by the Town Board in accordance with applicable local, county and New York State laws.
All new or used car lots shall comply with the regular commercial zoning regulations as well as the following:
The minimum area for each vehicle shall be 200 square feet per vehicle, which area does not include driveways or fire entry to buildings.
The Town of Elma has a preference for the vehicles to be sold to be placed on concrete or blacktop. The Planning Board, for good cause shown, may recommend to the Town Board for approval of other surfaces. If other surfaces are utilized, proper care shall be demonstrated for proper maintenance to ensure that debris is not deposited or dragged upon public thoroughfares.
Preparation areas in the building and/or on the site shall include at least one bay with proper floor drains for washing and preparing vehicles with Erie County Health Department approvals and shall comply with the New York Codes, Rules and Regulations (NYCRR) regulations on occupancy in change of use of property or building.
All applications for a used car lot shall be made initially to the Building Inspector with the appropriate fee.
The Building Inspector shall immediately refer the matter to the Town Board at its next regularly scheduled meeting for review and referral to the Planning Board.
The Planning Board shall conduct an adequate site review, including designation of any building permit requirements necessary in addition to those normally required. The Planning Board shall make such recommendations to the Town Board for final approval, including any recommendations that sufficient mitigating circumstances exist that said new or used car lot may be located outside the special commercial zone hereinbefore designated.