Modesto Municipal Code Ch. 17 Regulation Off-Site Automobile Sales

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

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

(b) "Director" shall mean the Parks, Recreation and Neighborhoods Director.

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

(d) "Temporary use" shall mean any use for three (3) or fewer consecutive days.

(Ord. 3354 § 2, effective 10-8-04)

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

(Ord. 3354 § 2, effective 10-8-04)

Issuance of temporary use permits for off-site automobile sales by the Director shall be limited to four (4) permits total per calendar year in the City as a whole.

(Ord. 3354 § 2, effective 10-8-04)

The following findings must be made prior to the approval of a temporary use permit for off-site 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 this Code, including the provisions of this chapter.

(b) The proposed site shall be fully improved and shall be located only within the following zones:

(1) Commercial/Industrial Zone (CM);

(2) Light Industrial Zone (M-1);

(3) Heavy Industrial Zone (M-2); and

(4) Business Park Zone (B-P).

(c) The proposed temporary automobile sale will not adversely affect adjacent structures and uses or the surrounding neighborhood.

(d) The proposed temporary automobile sale will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area.

(e) The proposed temporary automobile sale will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas.

(f) 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, fees, or taxes, if applicable.

(g) The applicant has the written permission of the landowner to use the property for the purpose of conducting a temporary automobile sale.

(Ord. 3354 § 2, effective 10-8-04)

In authorizing 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 4-17.04. These conditions may include, but are not limited to:

(a) The temporary off-site automobile sales use will be limited to the dates and times (or period of time), and extent prescribed by the Director.

(b) Provisions for fire protection and fire vehicle access will be made as prescribed by the Fire Chief.

(c) If the temporary off-site automobile sales use is to take place in a parking lot, the use shall not reduce the number of off-street parking spaces below the minimum number specified for the zone the use is proposed to be located in.

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

(e) Regulation of temporary structures and facilities, including placement, height, size, and location of equipment, tents, or open spaces including buffer areas.

(f) Provision of sanitary facilities, solid waste collection, and disposal.

(g) Provision of security or safety measures, including adequate lighting.

(h) Regulation of the size and location of signs so that they conform to the other provisions of this Code.

(i) Submission of a performance bond, letter of credit, or cash deposit in an amount to be determined by the Director, 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.

(j) A cash deposit in an amount to be determined by the Finance Director as security for payment of the business license taxes required by this Code.

(k) A provision requiring that the site will be continuously maintained free of weeds, litter, and other debris.

(l) Any other condition which will ensure the operation of the proposed temporary off-site automobile sales use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.

(Ord. 3354 § 2, effective 10-8-04)

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

(Ord. 3354 § 2, effective 10-8-04)

For all temporary use permits for off-site automobile sales, the Director shall prepare a written decision within twenty (20) business days of the date a completed application is filed. The decision shall contain the findings of fact upon which the decision is made.

(Ord. 3354 § 2, effective 10-8-04)

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. 3354 § 2, effective 10-8-04)

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 intent and purpose of this chapter.

(Ord. 3354 § 2, effective 10-8-04)