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Automobile Hobbyist Proposal 04 09 17

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Automobile Hobbyist Proposal 04 09 17 Automobile Hobbyist proposal: Add to the definition section of the Land Use Ordinance: Antique auto. Pursuant to 29-A M.R.S.A. § 101, "Antique auto" means an automobile or truck manufactured in or after model year 1916 that is: A. More than 25 years old; B. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine; C. Substantially maintained in original or restored condition primarily for use in exhibitions, club activities, parades or other functions of public interest; D. Not used as its owner's primary mode of transportation of passengers or goods; E. Not a reconstructed vehicle; and F. Not an altered vehicle. Antique motorcycle. Pursuant to 29-A M.R.S.A. § 101, "Antique motorcycle" means a motorcycle or a motor-driven cycle that is: A. More than 25 years old; B. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine; C. Maintained primarily for use in exhibitions, club activities, parades or other functions of public interest; and D. Not used as its owner's primary mode of transportation of passengers or goods. Area used by an Automobile Hobbyist: means an area used by an automobile hobbyist to store, organize, restore or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in 29-A M.R.S.A. § 101 so long as the hobbyist’s activities comply with all applicable federal and state statutes and rules and this Land Use Ordinance, other than any provision of this ordinance that is more restrictive than 30 M.R.S.A. § 3752 regarding the storage of vehicles or vehicle parts that are collected by a hobbyist. An automobile hobbyist is a person who is not primarily engaged in the business of selling any of those vehicles or parts from those vehicles. Classic vehicle. Pursuant to 29-A M.R.S.A. § 101, "Classic vehicle" means a motor vehicle that is at least 16 years old but less than 26 years old that the Secretary of State determines is of significance to vehicle collectors because of its make, model and condition and is valued at more than $5,000. Horseless carriage. Pursuant to 29-A M.R.S.A. § 101, "Horseless carriage" means an automobile manufactured before model year 1916 that is: A. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine of the vehicle; B. Maintained primarily for use in exhibitions, club activities, parades and other functions of public interest; and C. Not used as its owner's primary mode of transportation of passengers or goods. Reconstructed vehicle. Pursuant to 29-A M.R.S.A. § 101, "Reconstructed vehicle" means a vehicle that has been reconstructed to change the original steering, braking system, suspension system or body design, including, but not limited to, a dune buggy, a street rod, a passenger car converted to a pickup truck or a manufactured vehicle body mounted on another manufactured chassis. Repair to a vehicle that replaces parts with similar parts is not reconstruction. Street rod. Pursuant to 29-A M.R.S.A. § 101, "Street rod" means a replica of or a modified antique auto manufactured prior to 1949 that complies with standards adopted by the Chief of the State Police. Add to Section 10: C-1. Requirements for Automobile Hobbyist. Pursuant to 30-A M.R.S.A. § 3752(1)(A)(2), the area used by an “automobile hobbyist” as defined in this ordinance, to store, organize, restore or display vehicles is not an “automobile graveyard “ and is not subject to the requirements for automobile graveyards, including, without limitation the requirement of an annual permit. All existing and new automobile hobbyist activities, however, must apply for and obtain a permit from the Code Enforcement Officer and demonstrate compliance with the following requirements: 1. Screening. An automobile hobbyist may not store, organize, restore or display vehicles within 1,000 feet of the right-of-way of any highway incorporated in both the Interstate System and Primary System or within 600 feet of the right-of- way of any road, except for: A. those areas that are kept entirely screened from ordinary view from the highway or road at all times by natural objects, plantings or fences. Screening required by this paragraph must be: (1) At a height, density and depth sufficient to accomplish complete screening from ordinary view; (2) Well constructed and properly maintained at a minimum height of 6 feet; (3) Placed outside of the road right-of-way; and (4) Acceptable to the municipal officers or county commissioners. 2. Operating Standards. All automobile hobbyists must comply with the following standards: A. All fluids, including, but not limited to, engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel and oil, must be properly handled in such a manner that they do not leak, flow or discharge into or onto the ground or into a body of water; B. A vehicle containing fluids may not be stored or dismantled within 100 feet of any body of water or freshwater wetland, as defined by Title 38 M.R.S.A. § 436- A, subsection 5. 2 C. Junk, scrap metal, vehicles or other solid wastes may not be placed or deposited, directly or indirectly, into the inland waters of the State or on the ice of inland waters on the banks of inland waters or in such a manner that they may fall or be washed into these waters. 3. Permit. In making application for an automobile hobbyist permit, the owner or operator must provide notice to the Town of all vehicles or parts of vehicles claimed to fall under the hobbyist exception, including the make, model, year and make of all vehicles or vehicle parts. 3 .
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