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§ 5.104 AUTOMOTIVE REPAIR; PAINT AND BODY SHOP.
   Automotive repair and lubrication, oil changes, paint and body work and other maintenance services are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.
   (a)   All repairs must be conducted within an enclosed building.
   (b)   Vehicle storage requirements for automotive repair; paint and body shops near one or two-family residential use.
      (1)   Screening.
         a.   Automotive repair; paint and body shops located on property adjacent to a one- or two-family residential use must screen all vehicles that have been accepted for repairs from view from such residential use by parking/storing the vehicles within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge along the property line adjacent to, or across an alley from, the one or two-family residential use. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
         b.   All other automotive repair; paint and body shops within 200 feet from any one or two-family residential use must screen all vehicles that have been accepted for repairs from view from such residential use by parking/storing the vehicles within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge on all property lines facing the residential use. The measurement of the distance between the automotive repair or paint and body shop and the one or two-family residential use shall be along the nearest property line of the one- or two-family residential use to the nearest property line of the automotive repair or paint and body shop, along street lines and in a direct line across intersections. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
      (2)   Overnight vehicle storage requirements.
         a.   No more than two vehicles per bay or repair/inspection station that have been accepted for repairs by the repair, paint or body shop may be stored/parked outside after regular business hours unless the vehicles in excess of two per bay or repair/inspection station are completely enclosed:
            1.   Behind a minimum six-foot solid screening fence in accordance with this section;
            2.   Behind a minimum six-foot solid screen evergreen hedge; or
            3.   Within a building.
         b.   The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
      (3)   Vehicle storage requirements for wrecked or dismantled vehicles. All wrecked or dismantled vehicles must be stored in an enclosed building or completely enclosed behind a minimum six-foot solid screening fence or a minimum six-foot solid screen evergreen hedge. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.
   (c)   No repairs shall be conducted on any premises that adjoin any residential district boundary.
   (d)   No automobile repair or service facility shall be permitted to have bay doors facing a one- or two-family district.
   (e)   (1)   No vehicle retained for repairs may be stored for more than 60 days from the date the vehicle is accepted for repair. The 60-day time limit may be extended to a total of 180 days from the date the vehicle is accepted for repair if the automotive repair or paint and body shop has begun the process to obtain a lien on the vehicle pursuant to state law. Extension beyond this time shall be considered a change in use of the property and the board of adjustment shall not have jurisdiction to grant any variance to extend the 60-day or the 180-day period.
      (2)   The time limit in subsection (e)(1) above shall not apply to the repair and/or conditioning of antique vehicles and race car fabrication if the automotive repair or paint and body shop is located in an industrially zoned district.
      (3)   The time limit in subsection (e)(1) above shall not apply to any vehicle ordered by a court or mandated by arbitration or mediation to be stored by the automotive repair or paint and body shop.
   (f)   Any property used as an automotive repair, paint or body shop located in a “MU-2,” “I,” “J” or “K” district must comply with subsections (b) and (e) above. Further, such facilities located in an “MU-2” or MU-2G” district must also comply with §§ 4.1302(g)(5) and 4.1303(g)(5) (Fences and Gates) of the respective districts.
(Ord. 13896, passed 10-12-1999; Ord. 14911, § 1, passed 12-18-2001; Ord. 15166, § 1, passed 7-23-2002; Ord. 17093, § 5, passed 8-8-2006)
Editor’s note:
   It should be noted that § 4 of Ord. 15166 states, “All automotive repair, paint and body shops shall comply with § 5.104(b) no later than January 1, 2003.