§ 27-475.06.07. Private Automobile and Other Motor Vehicle Auctions.

(a)

The purposes of this Section are:

(1)

To prevent or control detrimental effects upon neighboring properties, and existing and proposed land uses in the general area, including noise, dust and traffic;

(2)

To prevent or control detrimental effects upon the subject property, including excessive crowding of vehicles, discarded vehicle parts and other debris, and environmental contamination from fluids or chemical residues; and

(3)

To prevent or control untreated stormwater runoff, which may include residues from exhaust fumes, brake pads, gasoline and motor oil, to ensure that harmful materials do not enter the Chesapeake Bay and its tributaries.

(b)

Any private automobile and other vehicle auction operating in the I-1 Zone prior to January 1, 2011, shall meet the requirements of Section 27-475.06.07 (c) and (d) without requiring a Detailed Site Plan.

(c)

All private vehicle auctions in the 1-1 operating as of January 1, 2011, and all new private vehicle auctions in the I-1 and I-2 Zones shall meet the following requirements:

(1)

All parking and car carrier loading/unloading shall be performed on site and shall be located separately from the customer parking areas.

(2)

Parking and loading areas shall not be used for the sale, display, or storage of vehicles, performing vehicle services, or any other purpose unrelated to parking and loading.

(3)

Junked, salvaged, or wrecked vehicles may not be sold or stored on the property, unless associated with an auction that regularly deals in the disposal of vehicles that have been declared total losses by insurance companies.

(4)

The following is prohibited on all private automobile and other motor vehicle auction properties:

(A)

Retail sales (other than by auction) of vehicles, vehicle parts, or boats;

(B)

Outdoor storage or display of vehicle parts;

(C)

Vehicle dismantling and demolition;

(D)

The stacking of vehicles and/or use of a vehicle rack system;

(E)

The parking, storage, or display of vehicles within public rights-of-way or internal driveways.

(5)

No vehicle may be displayed or stored on the site for more than ninety consecutive (90) days, unless required by a law enforcement agency or the Maryland Department of Motor Vehicles, or where required for any other litigation purposes, to store the vehicle for a longer period of time.

(6)

All auction activities, including sales, loading/unloading of vehicles, and vehicle transport shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. seven (7) days a week.

(7)

The site must be kept clear of all trash, litter, and other debris. Exterior trash receptacles shall be provided in all areas open to the public including those for parking, auction activities, and offices and be routinely emptied. Trash and debris within the public right-of-way resulting from an auction shall be immediately removed by the auction operator.

(8)

The auction operator shall maintain records of bills of sale and make those records available to County inspectors upon request within thirty (30) days of the sale during normal business hours to ensure that vehicles abandoned off site can be traced back to the auction house and/or the purchaser.

(d)

New private vehicle auctions are required to meet the provisions of this Section. Private vehicle auctions operating in the I-1 Zone prior to January 1, 2011, shall meet the provisions of this Section within two years.

(1)

Private vehicle auctions shall be screened to block visibility from public rights-of-way and residential zones in accordance with the following:

(A)

Private vehicle auctions operating as of January 1, 2011, which are screened to block visibility from public rights-of-way and/or residential zones may retain such existing screening.

(B)

In addition to the landscaping requirements found in Section 4.2 of the Landscape Manual, new screening installed to meet the requirements of this provision shall consist of a solid, sight-tight (opaque) wall or fence at least six (6) feet high or an evergreen screen consisting of trees at least eight (8) feet in height planted in a ten (10) foot wide landscape strip. Trees within an evergreen screen shall be planted eight (8) feet on center in a staggered pattern and have a minimum diameter of four (4) feet when planted to achieve a sight- tight screen. Any fence or wall may be constructed as a panelized metal wall system applied to a minimum 2×4 frame with 4×4 support posts, provided that the panelized metal is a minimum 29 gauge steel or similar material with a corrosive resistant coating, such as a baked on enamel finish, brown or green in color. The fence or wall may not be constructed of slatted chain link, or unsupported and/or untreated corrugated metal, fiberglass or sheet metal.

(C)

Any new fences or walls constructed after January 1, 2011, shall be located behind a planted landscape strip as prescribed in the Landscape Manual. The Board of Appeals shall be authorized to grant variances from the requirements of Section 27-465(a) to allow fences or walls greater than six (6) feet in height within any front, side or rear yard. All existing fences or walls that have been legally erected pursuant to a previously approved variance may be relocated to accommodate additional screening or landscaping required by this Section without the need for an additional variance.

(D)

For purposes of the screening required by this provision, the term public right-of-way shall include dedicated rights-of-way and a proposed widening of such rights-of way shown on the applicable General Plan, Master Plan or Functional Master Plan, but does not include future roadways or roadway relocations which have not been dedicated.

(E)

Screening installed pursuant to the requirements of the Landscape Manual or an approved site plan on adjacent property in a residential zone shall satisfy the requirements of this section.

(F)

The provisions of this Subsection shall not apply to publicly owned residential property.

(2)

Any new fencing installed after January 1, 2011, along the property boundaries not visible from an existing public right-of-way or a residential zone shall be enclosed by a black, vinyl-clad, chain-link fence or other material not prohibited by (d)(1) above.

(3)

Ingress and egress driveways aprons shall have a minimum width of thirty (30) feet and shall be paved with concrete and meet Department of Permitting, Inspections, and Enforcement commercial driveway standards. Drive aisles for internal circulation shall have a minimum width of twenty-two (22) feet and shall be paved with either concrete, asphalt, or asphalt millings surface.

(4)

Paved surfaces shall be maintained in good repair.

(5)

The applicant shall identify the dust-control measures to be used on the site.

(6)

The applicant shall provide evidence that the disposal of all fluids and other materials will be accomplished in a manner that complies with all County, State, and Federal regulations.

(7)

All lighting shall be directed away from adjoining properties.

(8)

If an amplified public address system is utilized for the auction's sales activities, the use of such system shall be limited to the hours of 9 a.m. to 6 p.m. for a maximum of three days per week.

(e)

A new private vehicle auction permitted in the I-2 Zone shall not be subject to the prescriptions of (e)(1), below. A new private vehicle auction permitted in the I-1 Zone shall:

(1)

be located on a parcel or parcels with a total area not less than ten (10) acres;

(2)

have direct access to, at minimum, a commercial street with a right-of-way width of seventy (70) feet and pavement width of forty-six (46) feet; and

(3)

have no direct access provided to or from public streets with a right-of-way of less than seventy (70) feet.

(4)

All areas used for vehicle sales, display, parking, or storage shall be on a paved concrete or asphalt surface.

(5)

The parking, loading, and vehicle storage and display areas associated with an automobile auction shall be considered an environmental "hot spot" with regard to the stormwater management facilities required, and as such shall provide on-site water quality treatment in addition to an approved prevention plan as required by the County Stormwater Ordinance.

(6)

If an amplified public address system is utilized for the auction's sales activities, the sales activities shall be located five hundred (500) feet from any land within a residential zone. If this condition cannot be met, all sales shall be conducted within a wholly enclosed building.

(f)

Site Plan

(1)

A Detailed Site Plan shall be approved for any new vehicle auction use or the expansion, enlargement or extension of an existing vehicle auction use. The DSP shall be approved in accordance with Part 3, Division 9, of this Subtitle, to ensure compliance with the provisions of this Section. In addition to the submittal requirements of Part 3, Division 9, the site plan shall identify:

(A)

All storage, vehicle display, vehicle loading and unloading, and auction sales areas;

(B)

Internal circulation;

(C)

Stormwater management facilities including those for water quality;

(D)

Proposed hours of operation;

(E)

Dust control measures to be used.

(2)

In addition to the above requirements, the application shall be accompanied by:

(A)

A Traffic Impact Analysis which identifies the volume of traffic expected to be generated by the operation and the streets to be used between the site and the nearest intersection;

(B)

A Lighting Plan showing a photometric diagram and details of all light fixtures and full cut-off optics.

(3)

The Planning Board shall find that the proposed hours of operation, site design and anticipated traffic levels will not be detrimental to the use or development of adjacent properties and the general neighborhood.

(4)

All information required as part of the DSP application shall be referred to the Traffic and Stormwater Management Divisions of the Prince George's County Department of Permitting, Inspections, and Enforcement, the Maryland State Highway Administration, the Prince George's County Department of Permitting, Inspections, and Enforcement and the Maryland Department of the Environment for review and comment.

(CB-59-2010; CB-29-2014)