Any person, firm, or corporation found guilty of violating any
of the provisions of this division shall be sentenced to pay a fine
of not less than $25.00 nor more than $2,000.00, and each day that
a violation exists or continues to exist shall constitute a separate
offense.
(Ordinance 261, sec. 9, adopted 9/14/89)
The establishment and operation of new and used motor vehicle
businesses, motorcycle sales businesses, or motor vehicle storage
businesses within the corporate city limits are hereby regulated by
the provisions of this division.
(Ordinance 261, sec. 1, adopted 9/14/89)
No person, firm, or corporation shall be permitted to establish
a new and used vehicle sales business, motorcycle sales business,
or motor vehicle storage business, or display any new or used motor
vehicles or motorcycles for sale, until the location is in the district
zoned commercial, and is inspected and approved by the planning and
zoning commission and building inspector, and approved by the city
council. Any such location shall have a dust-free lot paved with asphalt
or concrete, and all materials and construction shall meet current
city codes standards. Any such locations shall have off-street paved
parking. Any such location shall have a permanent office building
and meet all of the applicable building codes. All such locations
shall have toilet facilities for either sex or a separate facility
usable by either sex.
(Ordinance 261, sec. 2, adopted 9/14/89)
No person, firm, or corporation shall be permitted to establish
a new or used vehicle sales business, motorcycle sales business, or
motor vehicle storage business or display any new or used motor vehicles
or motorcycles for sale on any premises situated within two thousand
(2000) feet from any existing business engaged in the sale of new
and used motor vehicles or motorcycles, or property used for the display
of new and used motor vehicles or motorcycles, or motor vehicle storage
businesses. For the purpose of this division, a business shall be
registered by the building inspector thirty (30) days after the approval
of such a location and the permit has been issued. Each person, firm,
or corporation shall notify the city secretary by registered mail
when they discontinue operating such a business. Such a business shall
be considered to have ceased being used for display of a new and used
motor vehicle sales business, motorcycle sales business, or motor
vehicle storage business when, for a period of at least thirty-one
(31) consecutive days, no new or used motor vehicles, motorcycles
or motor vehicle storage vehicles are located on the property or the
premises.
(Ordinance 261, sec. 3, adopted 9/14/89)
A minimum area of ground space [is required] for each motor
vehicle displayed for sales purposes. The minimum area per motor vehicle
shall not be less than one hundred and sixty (160) square feet, or
a space eight (8) feet by twenty (20) feet for each displayed motor
vehicle. New and used motor vehicles on display shall not be parked
or placed closer than three (3) feet to another vehicle, or a motor
vehicle in storage shall not be closer than three (3) feet to another
motor vehicle.
(Ordinance 261, sec. 4, adopted 9/14/89)
(a) No
person, firm, or corporation operating a new or used motor vehicle
sales business or motorcycle sales business within the city limits
shall have outside storage or keep or allow to be stored or kept inoperable
or junked motor vehicles or parts thereof on or about the premises
used for display or sales of motor vehicles. There shall be no repair
work done except minor reconditioning of the cars to be displayed
and sold on the premises. There shall be no dismantling of cars or
keeping of motor vehicle parts or junk on the premises. All motor
vehicles and motorcycles in need of minor repairs must be repaired
inside a garage and not be visible from a public place or public right-of-way,
and all motor vehicles and motorcycles for sale must be in operating
condition.
(b) A person, firm, or corporation operating a new or used motor vehicle sales business, motorcycle sales business, or motor vehicle storage business within the city at the time of the passage of this division shall have sixty (60) days from the date of passage to abate and remove any motor vehicle or motor vehicle parts or junk on the premises which is in violation of subsection
(a) of this section.
(Ordinance 261, secs. 5, 6, adopted 9/14/89)
The city council deems it necessary and lawful that nonconforming
uses are hereby declared to be incompatible with the permitted uses
in the districts involved. Within the city limits, there exist uses
of land and structures which were lawful before this division was
enacted, but which do not conform to the regulations of the district
in which it is located. It is the intent of this division to permit
such nonconforming uses to continue, under regulations herein contained,
until the same is removed, but not to encourage their survival. All
new and used motor vehicle sales businesses, motorcycle sales businesses,
and motor vehicle storage businesses located within the city limits
and currently operating as such shall be accepted as nonconforming
lots that are not in conformity with the regulations contained in
this division. All nonconforming lots shall be registered by the building
and zoning departments thirty-one (31) days after the approval of
this division. Each lot shall be notified by registered mail of their
registration. Such person, firm, or corporation with a permit to operate
such a nonconforming use is discontinued [sic], any further use of
said premises shall be in conformity with the city codes and regulations
contained in this division. The right to operate a nonconforming [use]
shall be terminated under any of the following circumstances:
(1) When
such use is discontinued or abandoned. Discontinuance or abandonment
shall be defined as follows: when land used for a legal nonconforming
use shall cease to be used in such manner for a period of thirty-one
(31) consecutive days.
(2) When
a nonconforming use is changed to a conforming use.
(Ordinance 261, sec. 7, adopted 9/14/89)
The city council deems it necessary and lawful to use the property
located at the corner of Kiowa and Waddell, also known as 5501 Waddell,
property zoned Public Facilities, for the city impound storage lot
and other uses such as a garage. The use of this property and structure
was in existence and lawfully operating at the time of passage of
this division and has since been in regular and continuous use. Such
property does not conform to the provisions herein, [but] may be continued;
but if said nonconforming use is discontinued, any further use of
said premises shall be in conformity with the city standards and codes.
(Ordinance 261, sec. 8, adopted 9/14/89)