(1)

Purpose. The purpose of this section is to ensure that open sales lots do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff.

(2)

Applicability. The provisions of this section shall apply to all properties which are used or are zoned commercial.

(3)

Inclusive. Open sales lots shall include commercially used land or commercially zoned land used or occupied for the purpose of buying, displaying, rental/leasing, storing, and/or selling where greater than 30 percent of the stock-in-trade is stored on an open lot. Open sales lots shall include, but not be limited to, the following specifically listed uses:

(a)

Accessory structures and decorative items;

(b)

Agricultural implement sales and service;

(c)

Automobile sales, service and rental/leasing, new and used;

(d)

Mobile homes, travel trailers and motor homes sales and service;

(e)

Monument sales, but not including the cutting or grinding of stones;

(f)

Motorcycle sales and repairs;

(g)

Rental service stores;

(h)

Truck and/or trailer sales and rental/leasing.

(4)

Exemptions. Seasonal sales of 45 days or less on an open lot shall be exempt from the requirements of this section. Exemptions shall include, not be limited to, the following specifically listed uses:

(a)

Christmas tree sales.

(5)

Site development plan review. All new open sales lots shall be subject to site development plan review. All new open sales lots shall comply with the requirements of this section and the minimum requirements of the zoning district in which it is located.

Existing open sales lots shall be subject to site development plan review and comply with this section when seeking any of the following:

(a)

Cumulative expansions of more than 50 percent of improved square footage.

(b)

Any adjacent expansion of the land area on which the use is located, whether by purchase, lease, business combination or acquisition, or similar method.

(c)

Any substantial remodel of the existing use as determined by the village building official.

(6)

Minimum lot size. All new open sales lots shall have a minimum lot size of 15,000 sq. ft. with a minimum lot width of 100 feet.

(7)

Minimum distance to residential uses. All new open sales lots shall be at least 100 feet or more from a previously established property legally used or zoned for residential purposes. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the property used as an open sales lot to the nearest property line of a residential use, or the nearest boundary of a residential zoning district.

(8)

Screening or landscaping. A solid, sight obscuring fence or wall shall be provided along the inside property line of an open sales lots adjacent to any abutting residential district. Additional required screening or landscaping shall comply with article XV, Off-street parking and loading, section Z-65(7)(c), Screening or landscaping.

(9)

Parking and vehicle storage. Parking shall comply with article XV, Off-street parking and loading. Areas designated for employee and customer parking shall not be used for storage or display. Any land used or occupied for the purpose of buying, displaying, rental/leasing, storing, and/or selling of motorized and non-motorized vehicles or equipment such as new or used agricultural implements, aircraft, automobiles, boats, mobile homes, motorcycles, motor homes, motor scooters, recreational vehicles, trucks, or vans shall be hard-surfaced and comply with article XV, Off-street parking and loading, Z-68(4), Surfacing. Areas designated for parking and areas designated for storage or display shall be indicated on submitted site plan.

(10)

Lighting. All lighting shall comply with article XV, Off-street parking and loading, article X, section Z-52(4)(m) and article XII, section Z-57(4)(f).

(11)

Loading and unloading of vehicles. Loading and unloading is permitted only in accordance with this subsection. The open sales lots operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

(a)

Loading and unloading is limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday, excluding legal holidays.

(b)

Off-loading shall be on-site or off-site. Loading and unloading shall not block the ingress or egress of any adjacent property.

(c)

New or substantially remodeled open sales lots shall provide off-loading facilities on private property (on- or off-site). Shared loading and unloading facilities are permitted for the purposes of meeting this requirement.

(12)

Storage of vehicles to be repaired or in a state of disrepair. No motorized or non-motorized vehicle or equipment such as new or used agricultural implements, aircraft, automobiles, boats, mobile homes, motorcycles, motor homes, motor scooters, recreational vehicles, trucks, or vans to be repaired, or in a state of disrepair, shall be parked or stored on any public property including streets, alleys, or rights-of-way. Motorized or non-motorized vehicles or equipment to be repaired, or in a state of disrepair shall be stored within a solid, sight obscuring fence or wall.

(13)

Repair of vehicles. Automobile repair, minor, may be permitted as an accessory use to a new automobile sales, service and rental/leasing use. Automobile repair, major may be allowed by special use permit as an accessory use to a new automobile sales, service and rental/leasing use. Automobile repair, minor or major, shall not be allowed in conjunction with used automobile sales, rental/leasing.

(14)

Stacking of vehicles. An adequate on-site stacking area for service customers shall be provided. On-site driveways may be used for stacking but may not interfere with access to required parking spaces. Required parking spaces may not double as stacking spaces.

(15)

Test driving. Test driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the village as major collector streets shall be permissible areas for test driving.

Each dealership shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. Dealerships shall submit plans to the director of public works for approval to satisfy the requirements of this subsection. (Ord. No. 34-98)