[HISTORY: Adopted by the Borough Council
of the Borough of Upland 12-12-2006 by Ord. No. 8-2006. Amendments noted where
applicable.]
A.
New and used vehicle sales and service establishments
shall be limited to those establishments which are factory authorized
dealerships or which have obtained a license from the Commonwealth
of Pennsylvania to operate a new or used car dealership.
B.
The minimum site area required shall be no less than
two acres in size.
C.
The site shall have frontage on and direct vehicular
access to an arterial or collector street.
D.
The area used for display of merchandise offered for
sale and the areas used for parking of customer and employee vehicles
shall be continuously paved and maintained in either concrete over
a base of crushed stone compacted to not less than six inches in depth
or other surfacing of equivalent or superior character approved by
the Borough Engineer.
E.
The handling and disposal of motor oil, battery acid
and any other substances regulated by federal statute and the Pennsylvania
Department of Environmental Protection (PA DEP) shall be in accordance
with all permits and requirements of that agency or its successor
agency. Any suspension, revocation or violation of the PA DEP permit
shall be a violation of this chapter and shall be subject to the enforcement
provisions of this chapter.
F.
All lots used for the outdoor display of vehicles
shall have a completely enclosed building on the same lot, which has
not less than 2,000 square feet of gross floor area, where all sales,
repair, servicing and customer car washing shall be performed.
G.
No vehicle or other merchandise displayed outdoors
shall be less than five feet from any property line. No vehicle shall
be parked on adjacent property or in any public street right-of-way.
H.
No vehicle shall be displayed or offered for sale
which does not have all of the mechanical and body components necessary
for the safe and lawful operation thereof on the streets and highways
of the Commonwealth of Pennsylvania.
I.
All required off-street parking spaces shall be reserved
exclusively for the parking of customer and employee vehicles and
shall not be used for the display of merchandise.
J.
Customer vehicles with external damage awaiting repair
shall be located either inside a completely enclosed building or in
an outdoor area which is screened by an eight-foot fence, with a secured
self-latching gate.
K.
Any outdoor display area shall be secured by a fence
at least eight feet in height and which is secured by a self-latching
gate.
L.
Ingress, egress and internal traffic circulation shall
be designed to ensure safety and minimize congestion.
M.
The applicant shall demonstrate that the granting
of the proposed use shall not materially increase congestion on adjacent
roads or highways.
A.
No oscillating or flashing lights shall be permitted
on the lot, on any of the structures or poles on the lot or on any
merchandise displayed outdoors.
B.
All lights and light poles shall be located at least
10 feet from any street right-of-way or property line, and all lighting
shall be shielded and reflected away from adjacent streets and properties.
C.
No strings of lights, flashers, flags or other display
paraphernalia shall be permitted on the lot or on any structure or
poles or merchandise displayed outdoors, except for such signs as
may be otherwise allowed in the zoning district to advertise such
business and to be in conformance to that specific zoning district's
requirements.
Any person who violates any provision of this
chapter or any provision of any rule or regulation adopted by this
Code pursuant to authority granted by this chapter, or fails to correct
within 30 days of notice of violation, shall be cited. Upon conviction
before a District Judge of competent jurisdiction, shall pay a penalty
of not less than $1,000 nor more than $10,000 and, in default of payment
of such fine, be imprisoned for not less than one day nor more than
30 days and each day's failure to comply with any such provision shall
constitute a separate violation.
