The following uses may be permitted subject to the conditions herein imposed and subject to the review and approval of the site plan and the use by the village board after a hearing and recommendation is received from the zoning board for each use.
(A) Used car lots may be permitted only with a special use permit granted under this section subject to the following rules:
USED CAR: Any used, preowned, or secondhand motor vehicle to which a certificate or title and license plates have been issued and which motor vehicle must be registered for use on the highways by a consumer or a dealer, before it is driven or used on state roads pursuant to the rules and regulations of the Illinois secretary of state. "Used car" also includes any used, preowned, and/or secondhand vehicle, defined as any vehicle required to be titled before operated on Illinois roads pursuant to the rules of the Illinois secretary of state.
USED CAR DEALER OR A USED CAR BUSINESS: A person or company who brokers, deals, or engages in the purchase, sale, lease, or exchange of five (5) or more used cars within a twelve (12) month period or four (4) or more used cars at any one point in time.
USED CAR LOT: Any place where used cars are displayed and offered for purchase, sale, lease, or exchange in the open by a used car dealer or used car business.
2. Requirements For Used Car Lots (Both Those Already In Operation And Those Seeking New Special Use Permits): To obtain or retain a special use permit under this section, each used car lot must have:
(a) A lot that is lighted to illuminate the premises at night. Said lighting shall be shielded from adjacent residential districts and from abutting streets.
(b) A six foot (6') obscuring wall or fence that shields the lot from abutting or adjacent districts that are zoned for residential use.
(c) A permanent structure to be used as a business or sales office. (Any structure must conform to the village's building codes.)
(d) A paved lot for vehicles that are part of the inventory that meets the following specifications:
(1) Requirements for paving:
A. The lot shall contain a gravel base of not less than four inches (4") covered by a minimum of three inches (3") of asphalt or concrete.
B. The finished grade of such improved grounds shall be not less than twelve inches (12") or more than thirty six inches (36") above the grade of the street adjoining said premises.
C. The lot must meet the requirements for erosion sediment and stormwater control as required by section
10-14-15 of this title.
D. Under no circumstances may cars for sale be parked on grass.
(2) If the lot is not already paved when this subsection (A) is enacted, it must be paved within two (2) years of the effective date hereof. Further, the unpaved lot must be maintained with crushed white rock. (Under no circumstances can cars be parked on grass.)
(3) For all lots parking spaces for inventory shall be not less than nine feet by eighteen feet (9' x 18') for each used car.
(e) An interior garage area complying with the service station requirements listed in subsection
10-8-4(A) of this title if any major repair or major refinishing shall be done to vehicles for sale. In other words, no major repair or refinishing shall be done on the outdoor lot.
3. Requirements In Operation Of A Used Car Lot To Maintain A Special Use Permit:
(a) The premises must be kept in a neat and clean condition with surrounding landscaping kept trimmed, the lawn areas mowed, and the cars washed off occasionally so that dust does not accumulate on the cars.
(b) No loud or boisterous noises may emanate from the business, either by persons congregating there or by the playing of recording instruments, radios, or other sound producing equipment or video equipment.
(c) Inoperable motor vehicles as defined in title 6, chapter 7 of this code may not be kept on the lot.
4. Initial Special Use Permit Requirements And Procedure For Obtaining An Initial Special Use Permit:
(a) No person, firm, or corporation shall operate as a used car dealer or engage in a used car business within the village without first obtaining a special use permit as herein provided.
(b) A separate special use permit for the operation of a used car lot shall be required for each separate location of a used car lot within the village regardless of the owner or operator.
(c) The village clerk is hereby authorized to issue an initial special use permit for a used car lot only upon approval by the village board of such a permit. Approval can only happen in the following manner:
(1) The applicant must submit an application for a special use permit on a form to be provided by the village clerk with the applicable fee paid (the amount of the fee for an initial special use permit is to be published annually on the schedule of fees approved by the village board and kept by the village clerk), to the zoning board of appeals.
A. The applicant must prove ownership of the property and/or right to use the property as a used car lot through a valid lease.
B. The applicant must produce a site plan that conforms to the requirements of a used car lot as listed above. The site plan is a written detailed plan showing measurements and the layout of the land to be used, the portion thereof to be improved as required herein, the method proposed for improvement, drainage, driveways for ingress and egress, space for parking of vehicles (both customers' vehicles and inventory vehicles) and buildings to be built or existing buildings to be used in the operation. The site plan should include contact information for all contractors who will be used in transforming the site to an operational used car lot (if any will be used).
C. The applicant must attend the public hearing scheduled at a regularly scheduled meeting of the zoning board of appeals.
(2) The zoning board of appeals will publish notice of the application for a special use permit and notice of the required public hearing regarding the approval of the permit as required by law. The zoning board of appeals may only recommend approval to the village board if the special use can be granted without disruption to the surrounding community, if all requirements above are followed, and if the business will provide a benefit to the citizens of the village of Creve Coeur.
(3) If the requirements of subsection (A)2 of this section are met, the zoning board of appeals shall recommend that a special use permit be granted by the village board at a regularly scheduled board meeting by ordinance. The final decision to grant a special use permit rests with the village board.
(4) If the village board grants the initial special use permit, the clerk shall issue the permit. The continued validity of the permit is subject to the used car dealer or business producing his/her dealer's license required by the secretary of the state of Illinois and following all restrictions as listed in the special use permit, including the payment of all building permit fees and successful passage of building and fire inspections prior to any sales on the lot.
5. Special Use Permit Duration And Renewal:
(a) Initial special use permits for used car sales shall be for a period of one year expiring on April 30 of each year. The village clerk is hereby authorized to issue a renewal special use permit upon expiration of the initial license upon written application on forms to be provided by the village clerk accompanied by the required renewal fee (to be on the posted fee schedule determined by the village board from time to time and posted in the office of the village clerk) and a determination by the village clerk that the applicant is complying with all the provisions of the initial special use permit and this subsection (A).
(b) In the event the village receives a complaint that the used car lot is not in compliance with the terms of its initial special use permit and/or the terms in this subsection (A), the police department shall request that the code enforcement officer inspect the premises. If violations of the terms of the special use permit or this subsection (A) are found, the code enforcement officer shall issue ordinance violation citation(s). If the used car lot pleads guilty or is found guilty of the violations, the village clerk shall withhold the renewal of the special use permit until the property is brought into compliance.
6. No Transference To New Owners Or Operators: No special use permit issued under this subsection (A) may be transferred. Each new owner/operator must apply for a new special use permit specific to their business operation.
7. Revocation Of Special Use Permit:
(a) Any special use permit issued under this subsection (A) shall be automatically revoked upon termination, suspension, revocation, or failure to renew the licensee's state of Illinois used vehicle dealer's license or upon proof, by competent legal evidence, that the licensee has made a false statement in any application for a village special use permit under this subsection (A).
(b) Any special use permit may be revoked by the village board in their discretion upon proof of conviction of the licensee for a violation of this subsection (A).
(a) Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any provisions of this subsection (A), and/or anyone who allows continued violations (such as a landowner in the case of a lessor of property for a car lot) shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(b) Any used car dealer/business who keeps inoperable motor vehicles as defined in title 6, chapter 7 of this code shall be cited immediately (without the requirement of written notice to abate as required in subsection
6-7-2(B) of this code). Each day said inoperable motor vehicle remains on the lot is a separate offense. If inoperable motor vehicles remain on the lot seven (7) days after a citation is issued and personally served on the owner of the used car dealership/business, the village may, at its option, cause the inoperable motor vehicles to be towed by the same method of disposal of abandoned vehicles provided in section
6-7-3 of this code. (Ord. 779, 12-10-2014)
(B) Motel, subject to the following:
1. Provided that it can be demonstrated that ingress and egress do not conflict with adjacent business uses or general traffic flow.
2. A six foot (6') obscuring wall or fence must be provided where abutting or adjacent districts are zoned for residential use.
3. No kitchen or cooking facilities within living units are to be provided, with the exception of units for the use of the manager or caretaker.
4. Each unit shall contain not less than two hundred (200) square feet of floor area.
(C) Business in the character of a drive-in, so called, or so called open front store, subject to the following:
1. A building setback of at least sixty feet (60') from the right of way line of any existing or proposed street must be maintained.
2. Ingress and egress points shall be located at least sixty feet (60') from the intersection of any two (2) streets.
3. All lighting shall be shielded from adjacent residential districts and from abutting streets.
4. A six foot (6') completely obscuring wall or fence must be provided where abutting or adjacent to a residential district. The height of the wall shall be measured from the surface of the ground.
(D) Commercially used outdoor recreational space for children's amusement parks, miniature golf courses, subject to the following:
1. Children's amusement park must be fenced on all sides with a six foot (6') wall or fence.
2. Adequate parking shall be provided off the road right of way and shall be fenced with a six foot (6') wall or fence where adjacent to the use. (Ord. 482, 4-7-1982)
(E) Vehicle service station for sale of gasoline, oil accessories or the repair of vehicles, and subject to the following: (Ord. 482-1A, 12-8-1993)
1. The curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than twenty five feet (25') from a street intersection (measured from the roadway) or from adjacent residential property and subject to other provisions of this code.
2. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait.
3. There shall be provided, on those sides abutting or adjacent to a residential district, a six foot (6') completely obscuring wall or fence. The height of the wall or fence shall be measured from the surface of the ground.
4. All lighting shall be shielded from adjacent residential districts and from abutting streets. (Ord. 482, 4-7-1982)
5. All mechanical and body repair, steam cleaning and undercoating when conducted on the site shall be within a completely enclosed building. The storage of wrecked automobiles shall be within enclosed buildings and shall not be allowed as open storage. (Ord. 482-1A, 12-8-1993)
6. All restroom doors shall be shielded from adjoining property.
(F) Accessory buildings and uses customarily incident to any of the uses listed herein. (Ord. 482, 4-7-1982)
(G) Modular dwellings or other modular construction. (Ord. 550, 5-10-1995)
(H) Outdoor storage or display for equipment sales, leasing, or rental subject to the following:
1. The outdoor storage or display of merchandise, materials, or inventory shall not encroach into areas of required parking. All areas necessary for required parking must be paved with concrete or asphalt.
2. The outdoor storage or display of materials, merchandise, or inventory shall not be located in required yard areas within the lot.
3. The storage or display of outdoor materials, merchandise, or inventory shall not include the use of banners, pennants, or strings of pennants.
4. Ingress and egress to the outdoor sales area shall be at least twenty five feet (25') from the intersection of any two (2) streets.
5. A six foot (6') obscuring wall or fence must be provided when abutting or adjacent districts are zoned for residential use.
6. All lighting shall be shielded from adjacent residential districts and abutting streets.
7. Outdoor storage areas located behind the main building shall be fenced on all sides with a six foot (6') fence.
8. All tools, equipment, property, and vehicles stored outside shall be operable and maintained in good condition. Inoperable and junked equipment or vehicles, scrap parts and junk shall not be stored outside.
9. Truck trailers, storage and cargo containers, or sheds shall not be located on the property or used for storage of parts or equipment.
10. No major repair or refinishing shall be done on the lot.
(I) Warehousing and storage of equipment, materials, goods, or supplies utilized in relation to a commercial establishment operated on the premises, subject to the following:
1. The commercial establishment is a permitted use in this District.
2. The storage must be ancillary to the operation of the commercial establishment and not the principal use of the premises. For purposes hereof, warehousing and storage will not be considered the principal use of the premises so long as such storage occupies less than one-half of the total usable square footage of the improvements on the subject premises.
3. The warehousing and storage must be completely within a building or otherwise enclosed so as not to be visible to the public from a street or thoroughfare.
4. Warehousing and storage of materials and goods to be sold at retail from a location outside the Village is not permitted. (Ord. 740, 3-13-2013; amd. Ord. 942, 9-8-2021)