This division has been written for the purpose of promoting
and protecting public health, safety and the general welfare of the
community.
(Ordinance 346, sec. I, adopted 1/28/99)
As pertaining to this division, the following definitions will
have their specific meaning as follows:
A business engaged in the sale and service of automobiles
to the general public.
A motor vehicle:
Repair or replacement of the engine, drive train, and other
components requiring the use of hoists, jacks, or jack stands; tire
repairs, changes, and/or wheel repairs utilizing jacks or jack stands
shall be exempt from this provision.
Repair or replacement of automobile parts that do not require
the use of hoists, jacks or jack stands.
Solid, opaque fencing of at least six (6) feet in height.
Three (3) spaces per bay, plus one (1) space per employee
(maximum shift) plus one (1) space per two (2) ton truck or other
service vehicle.
(Ordinance 346, sec. II, adopted 1/28/99)
Any person who violates any provision of this division shall,
upon conviction, be subject to a fine not to exceed two thousand dollars
($2,000.00) for each offense. Each day that such a violation is permitted
to continue shall constitute a separate offense. The term “person”
as used in this section shall include the owner, occupant, mortgagee
or vendor in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation directly or
indirectly in control of a building or tract of land.
(Ordinance 346, sec. IX, adopted 1/28/99)
A person authorized by the city to administer the procedures of this division may enter private property for the purpose specified herein to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle or vehicle part, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance as defined in article 8.07 of this code[. The judge of the municipal court of the city] may issue orders necessary to enforce the procedures of this division.
(Ordinance 346, sec. VIII, adopted 1/28/99)
Auto sales, service, and repair regulations are subject to the
following:
(1)
All
major repairs, as herein defined, must be conducted within a completely
enclosed building or behind screening fences.
(2)
No
used parts, components or portable equipment shall be stored or displayed
outside the confines of the building or screening fences in such a
manner as to be visible from adjacent city streets.
(Ordinance 346, sec. III, adopted 1/28/99)
(a)
Visibility to public and adjacent businesses or homes.
It shall be unlawful for the owner, operator, manager or employee
of any garage or auto repair shop located within the corporate limits
of the city to leave engines, transmissions or any other parts of
a vehicle on the premises unless same are behind a six-foot retaining
wall where they are not visible in any manner to the public traveling
down the street, and where they are not visible in any manner to other
businesses or homes located adjacent to or directly behind said garage
or auto repair shop.
(b)
Declaration of nuisance.
The leaving of engines, transmissions
or other parts of a motor vehicle of any type on the premises of any
garage or auto repair shop where same are visible in any manner to
the public traveling down the street, or where they are visible in
any manner to other businesses or homes located adjacent to or behind
said garage or auto repair shop, within the corporate limits of the
city, is declared a nuisance.
(c)
Penalty.
Any person, firm, corporation or any agent
or employee thereof who violates any of the provisions of this section
shall be deemed guilty of a misdemeanor and, without notice, shall
be fined not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense. Each act in violation
of this section should be considered as a separate offense and a separate
violation thereof.
(Ordinance 129A adopted 1/9/69; Ordinance 246 adopted 1/28/88)
(a)
Automotive
paint and body shops are subject to the following:
(1)
Body work must be conducted within a completely enclosed building.
(2)
All damaged or disassembled vehicles or trailers awaiting repairs
shall be parked behind a six (6) foot screening fence, and all such
vehicles or trailers awaiting repairs must be repaired or removed
from the property within forty-five (45) days; otherwise vehicles
and/or trailers in a disassembled or damaged condition will constitute
a nuisance after forty-five (45) days.
(3)
No spray finishing or body or fender repair shall be conducted on
any premises that adjoin the side or rear of any residential zoning
district.
(4)
No used parts, components or portable equipment shall be stored or
displayed outside the confines of buildings or screening fences in
such a manner as to be visible from adjacent city streets.
(5)
All damaged and disassembled vehicles or trailers stored for repairs
must comply with state law involving registration and a valid licensing
sticker. No junk vehicles are allowed.
(6)
Spray finishing operations inside a building must be performed inside
of an approved spray booth.
(7)
Prior to the issuance of a certificate of occupancy, all applicable
fire code permits must be secured from the fire marshal.
(8)
All parking lots shall be of a dust-free surfacing such as asphalt
or concrete type.
(9)
All parking spaces shall be striped off, including the minimum spaces
for handicap parking as stated in the building code.
(b)
Requirements
for spray booths:
(1)
An approved automatic fire extinguishing system shall be provided
for an extra hazardous occupancy with fire sprinkler heads or nozzles
installed to cover the duct, spray area and behind the filters. Plans
shall be submitted to the fire marshal for review and approval prior
to starting work.
(2)
“No Smoking” signs posted in the spraying area.
(3)
“No Welding” signs posted in the area.
(4)
Only manufactured booths of steel not less than 0.044 inch (18 gauge)
in thickness are acceptable.
(5)
Any spray booth having a floor area of two hundred (200) square feet
or more shall be served by at least two (2) exits. The area of the
spray booth shall not exceed one thousand five hundred (1,500) square
feet and shall not exceed ten percent (10%) of the basic area permitted
for the major use of the building.
(6)
The interior surfaces must be smooth, without edges, for cleaning
purposes.
(7)
Each spray booth having a frontal area of more than nine (9) square
feet and not equipped with doors shall have a four and one-half (4-1/2)
inch deep metal deflector installed at the upper outer edge of the
booth opening.
(8)
No storage is allowed within three (3) feet and no welding is allowed
within twenty (20) feet of the booth.
(9)
All lights must be behind heat treated or hammered wire glass. No
portable lights are allowed.
(10)
Wiring and electrical fixtures inside the booth must be designed
and utilize devices UL listed for Class I, Division I locations.
(11)
Air velocity through the booth during spraying operations shall be
not less than one hundred (100) linear feet per minute.
(12)
Approved UL listed filters shall be used.
(13)
Space heaters or hot surfaces are prohibited inside spray booths.
(14)
No electrical equipment is allowed in a booth unless it is listed
by UL for Class I, Division I locations and located to avoid deposits
of combustible residues.
(15)
All metal parts of a spray booth, exhaust ducts or flammable liquid
piping systems shall be properly electrically grounded.
(16)
Electrical equipment shall be interlocked with the ventilation equipment
so that the equipment cannot be operated unless the vent fans are
on.
(17)
Each spray booth shall have an exhaust duct discharging to the building
exterior (through the roof is preferred, through the wall is acceptable
if not a fire hazard or a nuisance to neighbors).
(c)
Exhaust
fans, motors and ducts must meet the following requirements in spraying
booths:
(1)
Exhaust fan motors shall not be placed inside booths or ducts. Fan
blades shall be nonferrous or non-sparking or the casing shall be
lined with such material. Fan motors shall be UL listed for Class
I, Division I locations.
(2)
Fan belts and pulleys within the duct or booth shall be tightly enclosed.
(3)
Exhaust ducts shall be constructed of steel having a thickness of
not less than:
|
8" or less
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No. 24 gauge
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Over 8" to 18"
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No. 22 gauge
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Over 18" to 30"
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No. 20 gauge
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Over 30"
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No. 18 gauge
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(4)
The discharge point for exhaust ducts shall be at least six (6) feet
away from combustible construction and twenty-five (25) feet away
from doors or windows.
(5)
Exhaust ducts shall have an eighteen (18) inch clearance from unprotected
combustible construction or materials.
(6)
Exhausted air shall not be recirculated.
(7)
The exhaust air intake ducts shall be extended to pick up flammable
vapors within six (6) inches of the floor.
(Ordinance 346, sec. IV, adopted 1/28/99)
(a)
No
storage near exits.
(b)
Empty
containers are considered to be full.
(c)
Where
the quantity of flammable liquids in five (5) gallon and smaller containers
(other than original sealed containers) exceeds a total of ten (10)
gallons, it shall be stored in a UL (Underwriters Laboratories listed)/Factory
Mutual approved flammable liquids storage cabinet. Quantities greater
than sixty (60) gallons shall be stored inside a storage and mixing
room as regulated by the Uniform Fire Code.
(Ordinance 346, sec. V, adopted 1/28/99)
(a)
All
spray booth requirements must be approved by the fire marshal prior
to and after construction.
(b)
Plans
shall be submitted to the building inspection department to install
the booth.
(c)
The
building official will forward the spray booth plans to the fire marshal
for his or her approval. Once the fire marshal has reviewed and approved
the plans, he or she will forward the plans back to the building inspection
department noting any comments and/or approving the plans by signing
the permit “Approved by the Fire Marshal.”
(d)
Once
the fire marshal has approved the plans, the building official will
submit the permit application to the city council for final approval.
(e)
No
certificate of occupancy will be approved for automotive repair, body
and fender repair, automotive painting or sales of automobiles until
both the fire marshal and the building official have made their final
inspections and approved it.
(Ordinance 346, sec. VI, adopted 1/28/99)
No person, firm or corporation shall be permitted to establish
a auto sales and services with repair and painting of automobile parts
business on any premises situated within two thousand (2,000) feet
from any existing business engaged in auto sales and services with
repair and painting of automobile parts. For the purpose of this division,
a business shall be registered by the building official 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
auto sales and service with repair and painting of automobile parts
when, for a period of thirty (30) consecutive days, no auto sales
and service with repair and painting automobile parts are located
on the property or the premises.
(Ordinance 346, sec. VII, adopted 1/28/99)
