751.15 LIMITATIONS ON SALE OF MOTOR VEHICLES IN RESIDENTIAL DISTRICTS.
   (a)   “Sale of motor vehicles” means advertising that a motor vehicle is for sale, putting a sign in, on or near a motor vehicle that indicates a motor vehicle is for sale, showing a motor vehicle to a prospective buyer, exchanging money or any other type of consideration for a motor vehicle, exchanging the title of a motor vehicle, or otherwise making a motor vehicle available for sale.
   (b)   The sale of motor vehicles from residential lots in the R-SF-A, R-SF-B and R-T zoning districts, shall be limited as follows:
      (1)   All motor vehicles offered or available for sale must be titled to either an owner or occupant of the residential lot;
      (2)   All motor vehicles offered or available for sale must be operable;
      (3)   All motor vehicles offered or available for sale must be stored on a hard surface driveway or parking area;
      (4)   Only one motor vehicle may be offered or available for sale at a time; and
      (5)   The offering for sale of motor vehicles is limited to two (2) motor vehicles per residential zoning lot per year.
   (c)   Under special circumstances, the owner or occupant of a residential lot may petition the Municipal Planning Commission for a limited exception to the above requirements and limitations. The Municipal Planning Commission may grant a permit for the sale of motor vehicles that does not comply with the requirements stated in Section 751.15(b). When reviewing an application for such a permit, the Planning Commission shall consider: the number of motor vehicles to be sold; the size of the lot from which the motor vehicles will be sold; the number of drivers living on the lot; and the appropriateness of multiple motor vehicle sales in the one-year period and the duration or extent of any exception and any other factors negatively impacting upon the use and employment of the neighborhood or its residents.
   (d)   Any person offering or making available for sale a motor vehicle in a R-SF-A, R- SF-B or R-T zoning district other than as provided in subsection (b) or (c) hereof, shall be guilty of the Unauthorized Sale of a Motor Vehicle in a Residential District and be subject to the penalties as contained in Section 751.99 of the Codified Ordinances (Misdemeanor of the Fourth Degree).
(Ord. 2007-38. Passed 6-4-07.)