Number
041632
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. DONOVAN
Title
A substitute ordinance relating to the size of parking spaces on motor vehicle sales lots.
Sections
93-9-3-a-3 am
93-11-2-c-1-a am
93-14 cr
Analysis
This ordinance requires that all parking spaces at a secondhand motor vehicle dealer’s lot measure at least 160 square feet, excluding access drives, lanes and aisles, except that spaces designated for compact cars shall measure at least 120 square feet. Parking spaces shall also be provided with an unobstructed access lane leading to a public street, alley or other open space approved by the commissioner of city development. At least 50% of the parking spaces shall meet the 160-square-foot requirement. Parking areas and spaces on a secondhand motor vehicle dealer’s lot shall also be in compliance with the parking lot paving requirements, ingress and egress standards, and wheel guard and barrier requirements of the building code. Failure to meet any of these parking-related requirements shall be grounds for denial of an application for a new secondhand motor vehicle dealer’s license or non-renewal, suspension or revocation of an existing secondhand motor vehicle dealer’s license.
This ordinance takes effect January 1, 2006.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 93-9-3-a-3 of the code is amended to read:
93-9. Committee Action,
3. RECOMMENDATIONS.
a-3. Whether or not the applicant >>and the applicant’s facility<< meets the statutory and municipal requirements >>, including the parking area requirements of s. 93-14<< .
Part 2. Section 93-11-2-c-1-a of the code is amended to read:
93-11. Renewal of License.
2. PROCEDURE FOR NON-RENEWAL.
c. Recommendation.
c-1-a. Failure of the applicant >>and the applicant’s facility<< to meet the statutory and municipal license qualifications >>, including the parking area requirements of s. 93-14<< .
Part 3. Section 93-14 of the code is created to read;
93-14. Secondhand Motor Vehicle Dealer; Parking Area Requirements. 1. PARKING SPACE DIMENSIONS. All parking spaces at a secondhand motor vehicle dealer’s lot, including but not limited to customer parking, parking for vehicles being serviced, parking for vehicles in storage and parking areas for vehicles being offered for sale, shall measure at least 160 square feet, excluding access drives, lanes and aisles, except that spaces designated for compact cars shall measure at least 120 square feet. Parking spaces shall also be provided with an unobstructed access lane leading to a public street, alley or other open space approved by the commissioner of neighborhood services. At least 50% of the parking spaces shall meet the 160-square-foot requirement.
2. DETERMINATION OF COMPLIANCE. Parking at a secondhand motor vehicle dealer’s lot is typically provided in one or more areas of contiguous parking spaces. Where parking space boundaries are not painted on the parking area surface, compliance with the parking-space size requirements of sub. 1 shall be determined by dividing the square footage of each single, contiguous parking area on the secondhand motor vehicle dealer’s lot by the number of vehicles parked in that parking area. If the result of this calculation is a figure of less than 160 square feet (for motor vehicles in general) or 120 square feet (if all motor vehicles parked in the contiguous spaces are compact cars or smaller) for any particular area of contiguous parking spaces, the secondhand motor vehicle dealer shall be deemed to be in violation of this section.
3. OTHER REQUIREMENTS. The parking areas and spaces on a secondhand motor vehicle dealer’s lot shall be in compliance with the parking lot ingress and egress standards of s. 252-72-3, the wheel guard and barrier requirements of s 252-73 and the paving requirements of s. 252-74.
4. ADMINISTRATION. The commissioner of neighborhood services shall be responsible for determining compliance with the provisions of this section and shall notify the city clerk of the failure of any license applicant or licensee to attain compliance.
Part 4. This ordinance takes effect January 1, 2006.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB05100-3
JDO
08/11/05