[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 7-7-2008 by L.L.
No. 6-2008. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Used Car
Zoning Law of the Village of Monticello, New York."
The Board of Trustees of the Village of Monticello has reviewed
the Comprehensive Plan of the Village and has determined that it is
necessary to establish guidelines and procedures for the establishment
and operation of used car lots to insure that such businesses conform
to appropriate and acceptable standards.
This chapter regulates and restricts the location, construction,
alteration, occupancy and use of buildings and structures and the
use of land for the selling or offering for sale of used motor vehicles
in the Village of Monticello.
For the purpose of this chapter, the terms used herein are defined
as follows:
Includes any person, firm or corporation engaged in or carrying
on the business of buying, selling or trading used motor vehicles,
including automobiles and trucks with one axle and a gross vehicle
weight under 7,500 pounds.
Any lot or group of contiguous lots used for the storage,
display and sale of used automobiles and where no repair work is done
except the necessary reconditioning of the automobiles to be displayed
and sold on the premises or the repair of automobiles previously sold
by the operator of said lot.
A.
Special use permit required. The display, sale or trading of used
cars, commercial vehicles or trailers, etc., by other than franchised
new car dealers shall require a special use permit issued by the Village
Planning Board.
B.
Permanent structure required. There shall be a building located on
the property to be used in connection with the sale of used cars,
and it shall be permanently affixed to the property. No person shall
use a mobile home or trailer as an office from which to conduct the
sale of used cars. Suitable sanitary facilities consisting of a toilet,
sink and water closet shall be available and shall be connected to
the sewer and water systems for the use and convenience of employees
as well as the general public visiting the area. Such building shall
have at least one automobile bay for the servicing of vehicles offered
for sale.
C.
Compliance with applicable laws, rules and regulations. All facilities
are to conform to the New York State Uniform Fire Prevention and Building
Code, environmental regulations and sewer use laws, regulations and
ordinances particularly in regard to the proper disposal of and prevention
of the discharge of oil, grease, or other petroleum products into
the public sewers or the ground.
D.
Gasoline pumping prohibited. No person operating a used car business
shall store, sell or pump gasoline on the premises.
E.
Repairs to vehicles. All mechanical repairs must be limited to cars
owned, sold or under warranty by the person or persons operating the
business.
F.
No outside repairs permitted. Repair work, storage and sale of auto
parts and accessories shall be conducted inside a fully enclosed structure.
No repair or storage of vehicles shall be visible from public streets.
G.
Bodywork. No bodywork or painting shall be performed unless by special
permit approved and issued by the Building Department under the following
guidelines:
(1)
All bodywork and painting repairs must be on cars owned, sold or
under warranty by the person or persons operating the business.
(2)
Spray-finishing operations shall be conducted in a spray room or
spray booth as defined by Chapter 15 of the Fire Code of New York
State.
(3)
Electrical wiring and equipment in spray spaces and vapor areas shall be of an explosion-proof type approved for use in such hazardous locations. Such areas shall be considered to be Class I, Division 1, or Class II, Division 1, hazardous locations in accordance with Chapter 27 of the Building Code of New York State.
(4)
The State Uniform Fire Prevention and Building Code and all other
New York State laws, rules and regulations shall be observed at all
times.
H.
Perimeter buffer and curbing.
(1)
There shall be an eight-foot buffer in the front of the site and
eight feet on the rear and sides. The buffer width must be measured
entirely within the property lines of the parcel to be devoted to
the use. The balance of the site may be used for the outdoor display
or storage of vehicles subject to compliance with all other site plan
regulations.
(2)
Buffer planting and fencing at least six feet in height and for a
depth of at least eight feet shall be provided to buffer adjoining
residential buildings and zones. The buffer strip shall be densely
planted perennials and shall be specified according to planting type
upon submission of a plan. The balance of the site may be used for
the outdoor display or storage of vehicles subject to compliance with
all other site plan regulations.
(3)
Every sales lot of used automobiles, trucks or other vehicles shall
have a concrete curb eight inches in height above grade, which curb
shall extend the full width or depth of the lot abutting a street
and which curb shall be located not less than eight feet from the
property line. No vehicle of any kind shall be parked or permitted
to stand between the property line and such curb. No curb shall be
required where a driveway is approved by the Superintendent of Public
Works or in front of any building; provided, however, that if automobiles,
trucks or other vehicles shall be parked or permitted to stand on
a lot in front of any building, the curb required herein shall be
installed in front of such building.
I.
Storage. No automobile shall be stored or displayed nearer to the
property line than eight feet.
J.
Surface treatment. All surfaces for vehicle travel or storage are
to be treated with a dustless surface to be approved by the Planning
Board and an adequate system of storm drainage.
K.
Space size. Every space for a vehicle for sale shall measure 10 feet
by 24 feet.
L.
Sidewalks. Sidewalks, curbs and curb cuts shall be provided on all
street frontages.
M.
Property maintenance. The property upon which any used car lot is
located must be maintained in a neat and orderly manner with no accumulation
of junk vehicles, tires, auto parts, garbage, refuse or debris on
the property.
N.
Decoration of used car lots. No used motor vehicle or any sales or
open display lot or area shall be decorated with flags or embellished
with any device designed to attract attention without permission of
the Village Board, nor shall the reproduction of any sound by amplification
be permitted.
O.
Lighting. All lighting is to be installed in accordance with a plan
to be submitted to and approved by the Planning Board and so designed
as to prevent light from being thrown onto neighboring properties.
It shall be the duty of the Building Inspector of the Village
of Monticello to make periodic inspections of used car lots to ensure
compliance with all sections of this chapter and other applicable
provisions of the Village Code. Failure to permit such periodic inspections
shall result in the imposition of fines set forth in this chapter.
A violation of any of the provisions of this chapter shall be
punishable as follows:
B.
By a civil penalty not exceeding $350 for a first offense; for a
conviction of a second offense, both of which were committed within
a period of five years, by a civil penalty of not less than $350 nor
more than $700; and upon conviction of a third or subsequent offense,
all of which were committed within a period of five years, by a civil
penalty of not less than $700 nor more than $1,000.
