[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
A.
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.
B.
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.
C.
No permit shall be issued or approved until recommendation is received
from the Planning Board.
D.
All driveway and areas for display must be surfaced with paving material.
E.
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.
F.
Each lot must have adequate off-street parking which will create
no traffic hazard problem to adjoining streets or property.
A.
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.
B.
Failure to comply with the requirements hereof shall be a violation
hereof.
C.
The Town Board may revoke the permit issued to any dealer for persistent
or willful violations of the provisions hereof.
[Adopted 3-4-1998[1]]
[1]
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:
AREA 1MAPLE ROAD — From a point in the center line of West Blood Road, north along the center line of Maple Road 338.55 feet to a point. From this point, north 1,356.53 feet as measured on easterly lot fronts along center line of Maple Road to a point.
AREA 2SENECA STREET — Beginning at a point 664.3 feet north-northwest of the center line of Rice Road, in the center line of Seneca Street. From this point proceeding southeasterly to a point intersecting the southernmost line of Lot 5.111 (Tax Map identifier 155.00-1-5.111), in the center line of Seneca Street; this point being 960 feet plus or minus to the southeast of the intersection of old Seneca Street.
AREA 3Beginning at a point 350 feet south of the center line of Kingsley Road, using Tax Map of 1997; at this point in the center line of Transit Road, proceeding north 958.66 feet to a point.
AREA 4Along Transit Road, beginning at a point 500 feet south of the center line of Seneca Street, then proceeding north to a point 450.8 feet north of the center line of Seneca Street. Then at the north end of the New York State right-of-way at Bullis Road, in the center line of Transit Road, proceed north passing intersecting roads to a point 1,298 feet north of the center line of Clinton Street, to a point which is the Elma/Lancaster Town line.
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:
A.
The minimum area for each vehicle shall be 200 square feet per vehicle,
which area does not include driveways or fire entry to buildings.
B.
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.
D.
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.
A.
All applications for a used car lot shall be made initially to the
Building Inspector with the appropriate fee.
B.
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.
C.
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.
