Lancaster Municipal Code Ch. 5.36 Off-Site Automobile Sales

For the purposes of this chapter, the following definitions shall apply:

"Automobile" shall mean cars, light trucks, motorcycles, mopeds, and other similar forms of motorized vehicular transport.

"Director" shall mean the director of community development.

"Off-site sales" shall mean any sale of 3 or more automobiles at a location not open for automobile sales business during regular business hours on a year-round basis.

"Temporary use" shall mean any use for 3 or fewer consecutive days.

(Ord. 799 § 1 (part), 2001)

Decisions as to the approval or denial of temporary use permits for off-site automobile sales shall be made by the director or by such individual as is designated by the director.

(Ord. 799 § 1 (part), 2001)

Issuance of temporary use permits for off-site automobile sales by the director shall be limited to 4 permits total per calendar year in the city as a whole.

(Ord. 799 § 1 (part), 2001)

The following findings must be made prior to approval of a temporary use permit for off-site automobile sales by the director:

A. The proposed temporary automobile sale will be located, operated, and maintained in a manner consistent with each of the applicable provisions of the code, including the provisions of this chapter.

B. The proposed site shall be fully improved and shall be located within a commercial or industrial zone.

C. The proposed temporary automobile sale will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or welfare.

D. The proposed temporary automobile sale will have no significant adverse environmental effects.

E. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or reasonably might generate.

F. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the director.

G. The permit's applicant has paid all required fees and deposits owed to the city, both related to the applied-for permit and to any other matter, in a timely manner, including any past-due payments for other permits if applicable.

(Ord. 799 § 1 (part), 2001)

In approving an application for a temporary use permit for off-site automobile sales, the director may impose conditions that are deemed necessary to ensure that the permit will be in accordance with the findings required by Section 5.36.040. These conditions may include, but are not limited to:

A. Provision of temporary parking facilities, including vehicular ingress and egress;

B. Regulation of nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

C. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment, tents, or open spaces, including buffer areas and other yards;

D. Provision of sanitary facilities, solid waste collection, and disposal;

E. Provision of security or safety measures, including adequate lighting;

F. Regulation of size and location of signs;

G. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

H. Submission of a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition;

I. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.

(Ord. 799 § 1 (part), 2001)

A temporary use permit for off-site automobile sales shall be effective for the dates specified by the director, not to exceed 3 days plus such time as the director approves for setting up and dismantling the site, unless otherwise specified in this chapter.

(Ord. 799 § 1 (part), 2001)

For all temporary use permits for off-site automobile sales, the director shall prepare a written decision within ten (10) calendar days of the date a completed application is filed. The decision shall contain the findings of fact upon which the decision is made.

(Ord. 799 § 1 (part), 2001)

A temporary use permit for off-site automobile sales may be revoked by the director effective immediately upon verbal or written notice for violation of the terms of the permit.

(Ord. 799 § 1 (part), 2001)

The director may require changes in the terms or conditions of an approved temporary use permit for off-site automobile sales at any time while it is in effect, if needed, to ensure that the use may continue to operate consistent with the required findings.

(Ord. 799 § 1 (part), 2001)

The director's decision to approve or deny an application for a temporary use permit for off-site vehicle sales, or to revoke or modify an approved temporary use permit for off-site automobile sales, may be appealed to the city council in accordance with the uniform appeal procedure set forth in Chapter 2.44.

(Ord. 799 § 1 (part), 2001)