§ 20.11.100. Automobile dealerships, new and used, and auction houses.

1.

Intent. This Section is intended to ensure that automobile dealerships and auction houses either new and used do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. The following special conditions shall apply to automobile dealerships.

2.

Automobile dealerships may include, but are not limited to, new and used car dealerships and auction houses of motor vehicles.

3.

Development Standards. All dealerships shall comply with the provisions of this Section in addition to the development standards and permit procedures of the zone district in which it is located.

4.

Minimum Lot Size. The minimum lot size, which may be comprised of multiple legal parcels, for automobile dealerships shall be twenty thousand square feet exclusive of any structures which currently exist on the site or any proposed building(s) to be constructed for the dealership. The minimum lot size for recognized brand name automobile dealerships and automobile auction houses shall be a minimum of one acre excluding the building(s) used for the dealership or auction house.

5.

Parking. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Vehicle display areas shall be clearly delineated through signage, barriers, and other methods to etc. All parking, storage, and display areas shall be paved. See Section 20.13.20, Table 13.A (Off-Street Automobile Parking Space Requirements) for parking space requirements.

6.

Landscaping. A minimum five-foot landscape strip shall be provided outside the public right-of-way along the street frontage perimeter of all vehicle display areas and shall meet the requirements of Chapter 20.10.390.

7.

Washing of Vehicles. All washing, rinsing, or hosing down of vehicles and of the property shall comply with the requirements specified in Section 20.11.260 (Vehicle Repair Facilities) of this Chapter.

8.

Loading and Unloading of Vehicles. Loading and unloading of vehicles shall be conducted in accordance with the following provisions:

a.

The dealership operator is deemed responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities; to the extent any such activities violate the provisions of this subsection.

b.

Off-loading locations shall be established either on-site or off-site, and shall be subject to the approval of the City Engineer if within the public right-of-way. Loading and unloading activities shall not block the ingress or egress of any adjacent property.

9.

Storage of Vehicles to be repaired. Vehicles brought on site for repair purposes shall not be parked or stored on any public street or alley, and should be parked in an identified storage area consistent with the requirements of Chapter 20.10.290 — Screening requirements.

10.

Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 20.11.250 (Vehicle Repair Facilities) of this Chapter.

11.

Queuing of Vehicles. On-site queuing area or lanes for service customers shall be provided which shall be large enough to accommodate a minimum of one and one-half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

12.

Noise Control.

a.

Loudspeakers are permitted provided that noise levels are maintained below fifty-five dBA at any boundary.

b.

All noise generating equipment exposed to the exterior shall be muffled with sound-absorbing materials to reduce noise levels below fifty-five dBA at the property boundary.

13.

Toxic Waste Storage and Disposal. Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

14.

Air Quality.

a.

Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed in air.

b.

Mechanical ventilating equipment shall direct exhaust away from adjacent residential properties.

c.

Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted.

15.

Existing Automobile Dealerships Established Prior to the Enactment of the Ordinance from Which this Section is Derived. An existing automobile dealership may continue to operate and change ownership if any of the following conditions are met:

a.

There is an approved conditional use permit or Site Plan Review for the site for use as a dealership and all conditions have been met;

b.

The site has not been vacant for longer than one year;

c.

The site has had a business license to operate as a dealership within one year; and

d.

The automobile dealership can be classified as nonconforming under Chapter 20.2.120 of the Delano Municipal Code

(Ord. No. 2017-1294, § 1(Exh. 2), 11-20-2017)