§ 15-2709. AUTOMOBILE AND MOTORCYCLE RETAIL SALES AND LEASING.

Automobile, Recreational Vehicle, Boat and/or Motorcycle Retail Sales and Leasing establishments (collectively referred to as Dealerships in this section), shall be located, developed, and operated in compliance with following standards.

A.

Existing Dealerships. Existing Dealerships may continue to operate and may change ownership if either of the following apply:

1.

Existing Dealerships Established by Development Permit/Site Plan Review or Prior to December 14, 2001. An existing Dealership may continue to operate and change ownership if the site has had a continuous business license to operate as a Dealership and any of the following apply:

a.

There is an approved entitlement for the site for use as a Dealership and all conditions have been met;

b.

The owner or applicant provides evidence satisfactory to the Director that the site is in compliance with an approved entitlement for a Dealership; or

c.

There is evidence, to the satisfaction of the Director, that the site was established as a Dealership prior to December 14, 2001 and that the site has been continuously used as such.

d.

In addition to a, b, and c above, the site has not been used for any use other than a Dealership.

2.

Existing Dealerships Established After December 14, 2001. An existing Dealership may continue to operate and change ownership if the following conditions are met:

a.

There is an approved Conditional Use Permit or Development Permit/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 not been used for any use other than a Dealership;

d.

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

e.

The owner or applicant provides evidence satisfactory to the Director that the site is in compliance with an approved entitlement for a Dealership.

B.

New Dealerships. New Dealerships shall comply with the following conditions:

1.

Outdoor Dealership Minimum Parcel Size. One-half acre (21,780 square feet). Should multiple uses exist on a site, a minimum 21,780 square feet shall be dedicated for the sole use as a Dealership.

2.

Display Areas. Products may only be displayed in approved areas.

3.

Landscaping and Screening.

a.

A screen wall of seven feet in height shall be provided along all property lines adjacent to a residential use or district. For Screening Wall standards, refer to Section 15-2008-C.

b.

A landscaped planter with a minimum inside width of 10 feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings, unless a greater landscape setback is required by the underlying zone district or operative plan. Vehicles may not be displayed in required landscaped areas.

c.

Additional screening and landscaping, as determined by the Director may be required where necessary to prevent visual impacts on adjacent properties.

4.

Lighting. Lighting of the facility shall be oriented away, and shielded from neighboring residential properties. In addition, the lighting shall not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets.

5.

Signs. On-site signs advertising the business shall strictly adhere to the requirements of the Fresno Municipal Code and adopted plans and policies. Any non-conforming sign must be removed or made to conform prior to operation of the facility.

6.

Parking. Refer to Article 24, Parking and Loading.

7.

Access. Unused or blocked drive approaches shall be removed in accordance with Public Works Standards. Blocked drive approaches include, but are not limited to, those blocked by non-operable fences or those that lead into a display area that would restrict vehicles from entering the site.

8.

Operational Conditions.

a.

Vehicles for sale shall not be displayed outside of the display area as designated by the approved permit.

b.

There shall be no test driving of vehicles into residential neighborhoods.

c.

There shall be no off-site sales conducted by any dealership.

d.

Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city.

e.

Automotive servicing or repair is permitted as an accessory use for automobile/vehicle dealers that offer maintenance and servicing of the type of vehicles sold on site. All auto repairs shall occur within an enclosed building.

9.

Indoor Dealerships. Dealerships that display vehicles solely indoors shall be approved via a Zone Clearance, and the applicant shall submit a notarized letter stating that vehicles shall be indoors during all hours. Indoor Dealerships are subject to the following minimum parcel sizes.

a.

MX Districts. Shall be a minimum of 5,000 square feet in area.

b.

All Other Districts Where Allowed. No minimum.

(Added Ord. 2015-39, § 1, eff. 1-9-16).