Bannockburn City Zoning Code
ARTICLE IV
Retail Districts
§ 260-401 Purpose.
The purpose of the Retail District (R District) is to provide an area for high-quality, retail commercial development that is compatible with the essential character and scale of development of the Village. Land uses including small specialty shops, services and restaurants (along with incidental nonretail uses) are emphasized, although major food or other store "anchors" are permitted to allow for the development of shopping areas that meet a full range of shopping needs for the citizens of Bannockburn as well as neighboring communities. Bulk regulations, use limitations, and landscaping requirements are designed to allow commercial development to exist and operate without detracting from the overall community character of the Village. Indeed, a properly planned and designed retail development can do much to enhance that character.
§ 260-402 Mapping restrictions.
The Retail District is designed and intended to be mapped only east of the Milwaukee Road railroad right-of-way at the convergence of Waukegan Road and Half Day Road, the two primary thoroughfares serving the Village, where its impact upon the Village's character and residential development can be minimized with appropriate site plan and development restrictions. The Retail District is inappropriate for mapping in any other area of the Village.
§ 260-403 Permitted uses.
The uses indicated in the following table and no others are permitted as of right in the Retail District. See § 260-1151 of this code regarding use interpretations.
A.
Retail trade.
(1)
Paint, glass and wallpaper stores (523).
(2)
Hardware stores (525).
(3)
Grocery supermarkets (5411).
(4)
Meat and seafood markets (5421).
(5)
Candy, nut, and confectionery stores (544).
(6)
Dairy products stores (545).
(7)
Retail bakeries (546).
(8)
Miscellaneous food stores, but not including egg or poultry dealers (5499).
(9)
Apparel and accessory stores (56).
(10)
Home furniture, furnishings, and equipment stores (57).
(11)
Caterers (5812).
(12)
Restaurants, including carry-out and fast-food restaurants, but not including drive-in establishments or drive-through facilities (5812).
[Amended 10-24-2016 by Ord. No. 2016-27]
(13)
Cocktail lounges, but only when located within, and accessible only from the interior of, permitted restaurants and intended primarily to serve the patrons of such restaurants (5813).
(14)
Drugstores and proprietary stores (5912).
(15)
Packaged wine stores (5921).
(16)
Antique stores (5932).
(17)
Miscellaneous shopping goods stores, but not including ammunition or firearms sales (594).
(18)
Retail stores, not elsewhere classified, but not including auction rooms, fireworks sales, gravestone sales, sales barns, or tombstone sales (599).
B.
Finance, insurance and real estate.
(1)
Security and commodity brokers, dealers, and services (62), not including security and commodity exchanges (623).
(2)
Insurance carriers (63).
(3)
Insurance agents, brokers, and services (64).
(4)
Real estate agents, brokers, and managers (6531).
(5)
Real estate appraisers (6531).
(6)
Real estate multiple-listing services (6531).
C.
Services.
(1)
Landscape architects (0781).
(2)
Travel agencies (4724).
(3)
Retail agents for laundries and dry cleaners (7212).
(4)
Portrait photographers (7221).
(5)
Beauty shops, but not including beauty culture or cosmetology schools (7231).
(6)
Barber shops, but not including barber colleges (7241).
(7)
Costume rental (7299).
(8)
Tuxedo and formal wear rental (7299).
(9)
Secretarial and court reporting services (7338).
(10)
Interior decorating and designing studios (7389).
(11)
Picture framing (7699).
(12)
Health services (80), but not including freestanding emergency medical centers (8011), nursing and personal care facilities (805), hospitals (806), medical and dental laboratories (807), or miscellaneous health and allied services (809).
(13)
Legal services (81).
(14)
Engineering, architectural, and surveying services (871).
(15)
Accounting, auditing, and bookkeeping services (872).
(16)
Artists' studios (8999).
(17)
Physical fitness facilities (7991).
[Added 3-13-2023 by Ord. No. 2023-04]
§ 260-404 Accessory structures and uses.
Accessory structures and uses are permitted in the Retail District, subject to the provisions of § 260-901 of this code.
§ 260-405 Temporary uses.
Temporary uses are permitted in the Retail District, subject to the provisions of § 260-903 of this code.
§ 260-406 Special uses.
[Amended 7-8-1996 by Ord. No. 96-34; 2-23-1998 by Ord. No. 98-07; 1-10-2005 by Ord. No. 2005-01; 1-23-2006 by Ord. No. 2006-02; 11-26-2007 by Ord. No. 2007-43; 5-26-2009 by Ord. No. 2009-20; 2-23-2015 by Ord. No. 2015-02; 10-24-2016 by Ord. No. 2016-27; 5-22-2017 by Ord. No. 2017-12; 6-26-2017 by Ord. No. 2017-19; 7-8-2019 by Ord. No. 2019-13; 2-10-2020 by Ord. No. 2020-04; 8-12-2024 by Ord. No. 2024-19]
The uses listed in the following table may be permitted in the Retail District, subject to the issuance of a special use permit as provided in § 260-1162 of this code. See § 260-1151 of this code regarding use interpretations.
A.
Retail trade.
(2)
Drive-through facilities accessory to a carry-out or fast-food restaurant. In connection with the approval of a special use permit for a drive-through accessory to a carry-out or fast-food restaurant, the Board of Trustees may approve modifications to the lighting regulations contained in § 260-901D(10) of this code pursuant to an approved lighting plan for the drive-through (5812).
(3)
Catalog and mail order houses (5961).
(4)
The sale of firearms and/or firearm accessories used exclusively for sport, but only in connection with a use permitted under § 260-403 of this code; and provided that any such special use permit may be issued subject to any conditions regarding the size and type of inventory, storage and security measures, display practices, and any other matters that the Board of Trustees deems to be necessary or appropriate to protect the users of the subject premises and nearby properties as well as the public health, safety, and welfare.
(5)
A drive-through accessory to a drugstore. In connection with the approval of a special use permit for a drive-through accessory to a drugstore, the Board of Trustees may approve modifications to the lighting regulations contained in § 260-910D(10) of this code, pursuant to an approved lighting plan for the drive-through.
B.
Finance, insurance and real estate.
C.
Miscellaneous.
(2)
Live entertainment accessory to permitted restaurants.
(3)
Operation of a use permitted or specially permitted by the provisions of this article beyond the time specified in § 260-410G.
(4)
Operation of any activity conducted in whole or in part outside a completely enclosed building and related to a use otherwise permitted or specially permitted by the provisions of this article; provided, however, that the operation of any such activity may be further regulated pursuant to the provisions of § 260-903 of this code.
(5)
Separate business establishments in excess of the size permitted by § 260-410F but otherwise permitted or specially permitted by the provisions of this article.
(6)
Off-site provision of required parking spaces, subject to the provisions of § 260-904B(2)(b).
(7)
Collective provision of required parking spaces, subject to the provisions of § 260-904B(2)(c).
(9)
Real estate signs in excess of the size limitation of § 260-906G(12)(c).
(10)
Public service signs as provided in § 260-906I(1)(g).
(11)
Ground signs in excess of the area or face limitations of § 260-906I(4)(f), or the height limitation of § 260-906I(5)(c).
(12)
A nonpermanent canopy that extends from the approved exterior of the retail structure, provided that there is not more than one canopy within 1,500 feet of another canopy.
(13)
Personal wireless services antennas mounted on support structures other than existing structures, provided that the maximum height of any support structure shall not exceed a height of 75 feet; and provided, further, that such support structure shall be located on that portion of a zoning lot that is least visually obtrusive but still functional, and that such antennas shall be subject to the regulations of § 260-910.
(14)
Notwithstanding the provisions of § 260-906E(2)(j) of this code that require a wall sign to be fastened directly to the wall of a building or structure, a wall sign may be fastened to a raceway or track system attached to a wall of a building or structure but only if the wall is constructed of stone.
(15)
Lot coverage in excess of the seventy-percent lot coverage restriction contained in § 260-411E of this code; provided, however, that in no event shall the lot coverage of a lot in the Retail District exceed 75.02.%.
(16)
To reduce the number of parking spaces required by § 260-904F of this code in excess of that permitted by variation authorized in § 260-1153E(1)(e) of this code; provided, however, that in no event shall the number of parking spaces required on a lot be reduced to less than 30% of that required by this code.
(17)
Identification ground signs.
(a)
To allow a third identification ground sign in excess of the two ground signs permitted by § 260-906I(3)(f) of this code.
(b)
To allow the erection of an identification ground sign in lieu of an otherwise permitted wall sign for an occupancy within a shopping center, but only if:
[1]
The occupancy is a single user of a freestanding building;
[2]
The signage area of the ground sign is no greater than the allowable signage area for the otherwise permitted wall sign;
[3]
The ground sign is integrated into screening elements of the freestanding building, which screening elements do not exceed four feet in height; and
[4]
The ground sign otherwise satisfies the general standards for ground signs in the Retail District under this code.
(c)
To allow an identification ground sign in addition to the two ground signs permitted by § 260-906I(3)(f) of this code or otherwise authorized pursuant to Subparagraph (a) or (b) of this Paragraph D(17). Any identification ground sign approved pursuant to this Subparagraph (c) shall be limited to a size not to exceed 37 square feet and a height not to exceed eight feet, but may be located within 12 feet from the edge of a curbed payment and may be illuminated as provided in a special use permit ordinance.
(18)
To exceed the nonretail use limitations contained in § 260-410L of this code to allow up to 25% of the gross floor area of the ground floor space in a shopping center to be occupied by nonretail uses; provided, however, that to the extent nonretail uses occupy more than 20% of the gross floor area of the ground floor space of the shopping center, the owner of the shopping center shall be required to pay to the Village an in-lieu fee in an amount determined by the Village Board of Trustees.
(19)
(Reserved)
(20)
To allow up to six permanent business window signs in addition to a maximum of two wall signs, subject to the maximum gross surface area provided by Subparagraph 260-906I(4)(c) of this code and provided that the signs consist solely of images; do not contain words, numbers, or symbols; and are not illuminated. The special use permit may authorize such window signs to be spaced less than six feet apart and to have more than three colors. However, no such sign shall be permitted to obstruct any window area required for light, ventilation, or emergency exit by any applicable construction or life-safety code. Unless required by the Village Board in connection with the special use permit, architectural review shall not be required for signs approved pursuant to this subparagraph.
(21)
Day-care centers and preschools (8351).
D.
Planned unit developments, but only in accordance with § 260-1163 of this Code; provided, further, that:
(1)
A planned unit development may only be requested for a unified development site as defined in § 260-1226;
(2)
Except as may be set forth in the special use permit granting planned unit development approval, development regulations shall be applicable to the unified development site rather than individual lots within the unified development site; and
(3)
Appropriate covenants shall be recorded against the unified development site to ensure that the unified development site remains in compliance with applicable requirements, notwithstanding any subdivision or conveyance of lots within the unified development site.
§ 260-407 Parking and loading requirements.
§ 260-408 Sign regulations.
The sign regulations applicable in the Retail District are set forth in § 260-906 of this code.
§ 260-409 Bufferyards, landscaping, and screening requirements.
§ 260-410 Use limitations.
B.
Automotive services limited. Automobile service station services shall be limited to the retail sale and dispensing of fuel, lubricants, coolants, tires, batteries, minor accessories and supplies; and installation and customary services incidental thereto. Towing operations shall be prohibited. Facilities for chassis and gear lubrication and for the washing of vehicles may be authorized by a special use permit only if enclosed in a building and then limited to not more than four vehicles.
(1)
In no event shall any service station be located within 2,000 feet of any other service station, whether or not such other service station is located within the Village.
(2)
In no event shall the sale, rental, storage, service (except the minor service hereinabove mentioned), or repair of motorized vehicles, including passenger cars, trucks, buses, trailers, recreational vehicles or motorcycles, be allowed in the Retail District, except that vehicle rental or storage accessory to a retail use may be authorized by special use permit pursuant to § 260-406C(4).
[Amended 11-8-2021 by Ord. No. 2021-17]
(3)
In no event shall the sale or installation of vehicle parts and accessories (except the minor accessories and installation hereinabove mentioned) be allowed in the Retail District.
C.
Wholesale establishments prohibited. No wholesale establishments or activities shall be allowed in the Retail District. All business establishments shall be retail or service establishments dealing directly with consumers.
D.
Manufacturing limited. No manufacturing, processing, or treatment of products shall be conducted on any premises in the Retail District, except those that are incidental to a principal retail business use. All products produced on the premises shall be sold at retail on the premises.
E.
Storage limited. No storage or warehousing of any product shall be permitted in the Retail District except such as is incidental to a principal retail use.
F.
Maximum space for separate establishment. No separate business establishment shall occupy more than 50,000 square feet of floor space, except as authorized by a special use permit. For purposes of this subsection only, "separate business establishment" shall mean a single business enterprise or any number of such enterprises doing business together in a single structure or retail space and providing a range of goods and/or services typically provided in such manner.
G.
Hours of operation. No use shall conduct normal operations before the hour of 7:00 a.m. or continue normal operations past the hour of 10:00 p.m.; provided, however, that upon the granting of a special use permit pursuant to § 260-1162, all carry-out restaurants and all grocery stores in excess of 50,000 square feet located within a particular shopping center may commence operations at 6:00 a.m.; and provided, further, that the hours of operation for a particular use may be varied from the limitations set forth above upon the granting of a special use permit.
H.
Operations within buildings. All business and services, including servicing, storage, processing or display of goods, except for off-street parking and loading, shall be conducted within completely enclosed buildings, except as specifically authorized by a special use permit pursuant to § 260-406C.
I.
Noxious or offensive impact prohibited. No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration or glare.
J.
Firearms and firearm accessories. In no event shall the sale, rental, storage, service, or repair of firearms or firearms accessories be allowed in the Retail District except as specifically authorized by a special use permit pursuant to § 260-406A.
K.
Use limitations.
[Added 9-12-2005 by Ord. No. 2005-24]
(1)
Except as specifically authorized by a special use permit pursuant to § 260-406C(18) and in addition to and notwithstanding any use restrictions contained in this § 260-410 that are otherwise applicable, nonretail uses shall be prohibited in any ground floor space in the Retail District; except in any building exceeding 140,000 square feet, not more than 10% of the gross floor area of such building may be occupied by nonretail uses.
[Amended 5-22-2017 by Ord. No. 2017-12]
(2) NONRETAIL USE PREDOMINATE ACTIVITY(a) (b) (c)
For purposes of this Subsection K, the following terms shall have the following meanings:
Any use whose predominate activity does not produce sales tax for the Village, including, but not limited to, banks, brokerage offices, real estate offices, and other business or professional offices, and residential uses.
An activity that accounts for:
Fifty percent or more of the activity conducted in the ground floor space; or
Fifty percent or more of the retail value of the annual gross sales in the ground floor space; or
Fifty percent or more of the floor area of the ground floor space, not including storerooms, stock areas, bathrooms, basements, or any other portion of the establishment not open to the public.
§ 260-411 Bulk, space and yard requirements.
The building height, lot, yard, floor area ratio, and coverage requirements applicable in the Retail District are set forth in the following table. Footnote references appear in Subsection F of this section at the end of the table.
D.
Maximum floor area ratio: 0.22.
E.
Maximum lot coverage: 70%.
F.
Exceptions and explanatory notes.
(1)
Height limitation for accessory structures. No accessory structure shall exceed 15 feet in height; provided, however, that flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure, and the height of antennas shall be governed by § 260-901D of this code.
(2)
Nonconforming lots. See § 260-1005 of this code for lot requirements with respect to legal nonconforming lots of record.
(4)
Permitted obstruction in required yards. See § 260-909 of this code for certain structures and uses that may be located in certain required yards.
(5)
Setback from Waukegan Road and Half Day Road. No building or any part thereof shall be erected and no parking shall be provided within 50 feet of the lot lines along Waukegan Road or Half Day Road.
(7)
Side and rear yard abutting residential districts. In the event that a side or rear yard in the Retail District abuts a residential district or development, such yard shall be not less than 60 feet in width or depth, as the case may be.
(8)
Side and rear yard regulations for accessory structures and uses. Subject to the setback requirements set forth in Paragraph F(5) above, parking areas, wherever located, and other detached accessory structures and uses, when located within the rear 20% of the lot, shall not be required to maintain an interior side or rear yard or setback in excess of five feet unless the lot abuts property used or zoned for residential purposes, in which case a twenty-five-foot setback shall be maintained; provided, however, that this regulation shall not apply to antennas and antenna support structures; and provided further, however, that no accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this paragraph shall occupy more than 30% of such required yard.
§ 260-421 Purpose.
[Amended 6-10-2024 by Ord. No. 2024-12]
A.
The purpose of the R-1 Specialty Retail District (R-1 District) is to provide an area for high-quality, specialty retail commercial development that is compatible with the essential character and scale of development of the Village. The R-1 District is intended to encourage development of either: 1) major, stand-alone grocery and retail stores having a unified development concept consisting of a single principal use, with or without complementary ancillary uses or 2) mixed-use commercial developments having a unified development concept with individual lots that are located on a site with frontages on both Routes 43 and 22 and direct vehicular connection to commercial property located immediately to the north.
B.
The R-1 Specialty District is distinguished from the R Retail District, in which small specialty shops, services, restaurants, and incidental nonretail, including multi-tenant shopping centers, are encouraged. Bulk regulations, use limitations, design criteria, and landscaping requirements are intended to allow specialty commercial developments to serve the shopping needs, service and retail of the citizens of the Village and others, while enhancing the overall community character of the Village.
§ 260-422 Mapping restrictions.
[Amended 6-10-2024 by Ord. No. 2024-12]
The Specialty Retail District is designed and intended to be mapped in the general vicinity of the northeastern quadrant of the intersection of Waukegan Road and Half Day Road, being the two primary thoroughfares serving the Village, where:
A.
Its impact upon the Village's residential character and development can be minimized with appropriate site plan and development restrictions;
B.
It will otherwise comport with the commercial character of the intersection of Waukegan Road and Half Day Road; and
C.
It will enhance the intersection of Waukegan Road and Half Day Road as the eastern entrance to Bannockburn.
§ 260-423 Permitted uses.
§ 260-424 Accessory structures and uses.
Accessory structures and uses are permitted in the Specialty Retail District, subject to the provisions of § 260-901 of this code.
§ 260-425 Temporary uses.
Temporary uses are permitted in the Specialty Retail District, subject to the provisions of § 260-903 of this code.
§ 260-426 Special uses.
[Amended 6-10-2024 by Ord. No. 2024-12]
The uses listed in the following table may be permitted in the Specialty Retail District, but only if authorized by, and subject to the issuance of, a special use permit as provided in § 260-1162 of this code. See § 260-1151 of this code regarding use interpretations.
A.
Retail trade.
(1)
Paint, glass and wallpaper stores (523).
(2)
Hardware stores (525).
(3)
Grocery supermarkets (5411).
(4)
Meat and seafood markets (5421).
(5)
Candy, nut, and confectionery stores (544).
(6)
Dairy products stores (545).
(7)
Retail bakeries (546).
(8)
Miscellaneous food stores, but not including egg or poultry dealers (5499).
(9)
Apparel and accessory stores (56).
(10)
Home furniture, furnishings, and equipment stores (57).
(11)
Caterers (5812).
(12)
Restaurants, but not including carry-out or drive-in establishments (5812).
(13)
Cocktail lounges, but only when located within, and accessible only from the interior of, permitted restaurants or grocery supermarkets and intended primarily to serve the patrons of such restaurants or grocery supermarkets (5813).
(14)
Drug stores and proprietary stores, which may include accessory drive-through facilities. (5912).
(15)
Packaged wine stores (5921).
(16)
Antique stores (5932).
(17)
Miscellaneous shopping goods stores, but not including ammunition or firearms sales (594).
(18)
Retail stores, not elsewhere classified, but not including auction rooms, fireworks sales, gravestone sales, sales barns, or tombstone sales (599).
(20)
Carry-out and fast-food restaurants, which may include accessory drive-through facilities (5812).
(21)
Catalog and mail order houses (5961).
B.
Finance, insurance and real estate.
(1)
Security and commodity brokers, dealers, and services (62), not including security and commodity exchanges (623).
(2)
Insurance carriers (63).
(3)
Insurance agents, brokers, and services (64).
(4)
Real estate agents, brokers, and managers (6531).
(5)
Real estate appraisers (6531).
(6)
Real estate multiple-listing services (6531).
(7)
Commercial banks (602) and savings institutions (603), including accessory drive-in and automatic teller facilities, but not including drive-in or automatic teller facilities as a principal use.
C.
Services.
(1)
Landscape architects (0781).
(2)
Travel agencies (4724).
(3)
Retail agents for laundries and dry cleaners (7212).
(4)
Portrait photographers (7221).
(5)
Beauty shops, but not including beauty culture or cosmetology schools (7231).
(6)
Barber shops, but not including barber colleges (7241).
(7)
Costume rental (7299).
(8)
Tuxedo and formalwear rental (7299).
(9)
Secretarial and court reporting services (7338).
(10)
Interior decorating and designing studios (7389).
(11)
Picture framing (7699).
(12)
Health services (80), but not including freestanding emergency medical centers (8011), nursing and personal care facilities (805), hospitals (806), medical and dental laboratories (807), or miscellaneous health and allied services (809).
(13)
Legal services (81).
(14)
Engineering, architectural, and surveying services (871).
(15)
Accounting, auditing, and bookkeeping services (872).
(16)
Artists' studios (8999).
(17)
Computer programming, data processing, and other computer-related services (737).
(18)
Learning centers.
D.
Miscellaneous.
(1)
Business, professional and administrative offices not otherwise listed.
(2)
Personal wireless services antennas mounted on an existing structure or other support structure, provided that no support structure shall exceed a height of 75 feet, and provided, further, that such support structure shall be located on that portion of a zoning lot that is least visually obtrusive but still functional, and that such antennas and support structures shall be subject to the regulations of § 260-910.
(3)
Other antennas and antenna support structures, subject to the regulations of § 260-901D(7), (8), and (9).
(4)
Live entertainment accessory to a specially permitted restaurant or grocery supermarket and wholly located in an enclosed structure.
(5)
Retail sale of alcoholic beverages for on-premises consumption and complimentary tastings of beer and wine accessory to a specially permitted grocery supermarket, subject to compliance with all applicable liquor regulations and license requirements.
(7)
Operation of a use permitted or specially permitted by the provisions of this article beyond the time specified in § 260-431F.
(8)
Operation of any activity conducted on a temporary basis in whole or in part outside a completely enclosed building and related to a use otherwise permitted or specially permitted by the provisions of this article; provided, however, that the operation of any such activity may be further regulated pursuant to the provisions of § 260-903 of this code.
(9)
Outdoor display and sale of merchandise and/or outdoor seating areas, but not including outdoor display, sale, service, or consumption of alcoholic beverages, as an accessory use to a grocery supermarket.
(10)
Off-site provision of required parking spaces, subject to the provisions of § 260-904B(2)(b).
(11)
Collective provision of required parking spaces, subject to the provisions of § 260-904B(2)(c).
(13)
Light sources and/or luminaires that extend into a required bufferyard, provided that such light sources and/or luminaires are affixed to a building wall and do not extend more than 24 inches into the required bufferyard, and that all lot line illumination requirements are satisfied.
(14)
Exterior lighting that does not strictly conform to the requirements of § 260-901D(10) of this code.
(16)
To exceed the nonretail use limitations contained in § 260-431I of this article to allow for up to 15% of the gross floor area of the ground floor space in a building to be occupied by nonretail uses.
(17)
To reduce the number of parking spaces required by § 260-427 of this article in excess of that permitted by variation authorized in § 260-1153E(1); provided, however, that in no event shall the number of parking spaces required on a lot be reduced by more than 10% of that required by this code.
E.
Planned unit developments, but only in accordance with § 260-1163 of this Code; provided further that:
(1)
A planned unit development may only be requested for a unified development site as defined in § 260-1226;
(2)
Except as may be set forth in the special use permit granting planned unit development approval, development regulations shall be applicable to the unified development site rather than individual lots within the unified development site;
(3)
Appropriate covenants shall be recorded against the unified development site to ensure that the unified development site remains in compliance with applicable requirements, notwithstanding any subdivision or conveyance of lots within the unified development site;
(4)
Modifications to otherwise applicable site standards, including, without limitation, setbacks, building height, and floor area, may be approved as part of the planned unit development to the extent expressly authorized in the text of a special use permit granting planned unit development approval; and
(5)
A planned unit development may authorize uses within such planned unit development as either permitted uses or special uses, but only to the extent and in accordance with the terms expressly authorized in the text of a special use permit granting planned unit development approval.
§ 260-427 Parking and loading requirements.
The parking and loading requirements applicable in the Specialty Retail District are set forth in §§ 260-904 and 260-905 of this code; provided, however, that:
A.
Notwithstanding § 260-904F, the minimum number of off-street parking spaces required for any retail trade use in the Specialty Retail District shall be 4.5 spaces per 1,000 square feet of net floor area; and
B.
Notwithstanding § 260-904C(3)(c) and § 260-905C(3)(c), the required stormwater system shall either be:
§ 260-428 Sign regulations.
§ 260-429 Bufferyards, landscaping, and screening requirements.
§ 260-430 Lighting requirements.
The exterior lighting regulations applicable in the Specialty Retail District are set forth in § 260-901D(10) of this code or as otherwise provided by special use permit granted pursuant to § 260-426.
§ 260-431 Use limitations.
A.
No residential uses. No residential uses shall be allowed in the Specialty Retail District.
B.
Automotive services limited. Automobile service station services shall be limited to the retail sale and dispensing of fuel, lubricants, coolants, tires, batteries, minor accessories and supplies; and installation and customary services incidental thereto. Towing operations shall be prohibited. Facilities for chassis and gear lubrication and for the washing of vehicles may be authorized by a special use permit only if enclosed in a building, and then limited to not more than four vehicles. In no event shall any service station be located within 2,000 feet of any other service station, whether or not such other service station is located within the Village.
(1)
In no event shall the sale, rental, storage, service (except the minor service hereinabove mentioned), or repair of motorized vehicles, including passenger cars, trucks, buses, trailers, recreational vehicles or motorcycles, be allowed in the Specialty Retail District.
(2)
In no event shall the sale or installation of vehicle parts and accessories (except the minor accessories and installation hereinabove mentioned) be allowed in the Specialty Retail District.
C.
Wholesale establishments prohibited. No wholesale establishments or activities shall be allowed in the Specialty Retail District. All business establishments shall be retail or service establishments dealing directly with consumers.
D.
Manufacturing limited. No manufacturing, processing, or treatment of products shall be conducted on any premises in the Specialty Retail District, except those that are incidental to a principal retail business use. All products produced on the premises shall be sold at retail on the premises.
E.
Storage limited. No storage or warehousing of any product shall be permitted in the Specialty Retail District except such as is incidental to a principal retail use.
F.
Hours of operation. No use shall conduct normal operations before the hour of 6:00 a.m. or continue normal operations past the hour of 10:00 p.m.; provided, however, that the hours of operation for a particular use may be varied from the limitations set forth above upon the granting of a special use permit.
G.
Operations within buildings. All business and services, including servicing, storage, processing or display of goods, except for off-street parking and loading, shall be conducted within completely enclosed buildings, except as specifically authorized by a special use permit pursuant to § 260-426 or a temporary use permit pursuant to § 260-903D of this code.
H.
Noxious or offensive impact prohibited. No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration or glare.
I.
Use limitations.
(1)
Except as specifically authorized by a special use permit pursuant to § 260-426, nonretail uses shall be prohibited in any ground floor space in the Specialty Retail District.
(2) NONRETAIL USE PREDOMINATE ACTIVITY(a) (b) (c)
For purposes of this subsection, the following terms shall have the following meanings:
Any use whose predominate activity does not produce sales tax for the Village, including, but not limited to, banks, brokerage offices, real estate offices, and other business or professional offices, and residential uses.
An activity that accounts for:
Fifty percent or more of the activity conducted in the ground floor space; or
Fifty percent or more of the retail value of the annual gross sales in the ground floor space; or
Fifty percent or more of the floor area of the ground floor space, not including storerooms, stock areas, bathrooms, basements, or any other portion of the establishment not open to the public.
§ 260-432 Bulk, space and yard requirements.
[Amended 6-10-2024 by Ord. No. 2024-12]
The building height, lot, yard, floor area ratio, and coverage requirements applicable in the Specialty Retail District are set forth in the following table. Footnote references appear in Subsection F of this section at the end of the table.
D.
Maximum floor area ratio: 0.22.
E.
Maximum lot coverage: 70%.
F.
Exceptions and explanatory notes.
(1)
Height limitation for accessory structures. No accessory structure shall exceed 15 feet in height; provided, however, that flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure and the height of antennas shall be governed by § 260-901D of this code.
(2)
Nonconforming lots. See § 260-1005 of this code for lot requirements with respect to legal nonconforming lots of record.
(3)
Lot sizes in planned unit development. The minimum size of any lot within a planned unit development shall be established in the special use permit granting the planned unit development approval.
(6)
Setback from Waukegan Road and Half Day Road. Except as may be expressly authorized in a special use permit granting planned unit development approval, no building or any part thereof shall be erected within 50 feet of the lot lines along Waukegan Road or Half Day Road. No off-street parking shall be provided within 20 feet of Waukegan Road or within 50 feet of Half Day Road.
(8)
Side and rear yard abutting residential districts. In the event that a side or rear yard in the Specialty Retail District abuts a residential district or development, except as specifically authorized by a special use permit granting planned unit development approval pursuant to § 260-426 of this Code, such yard shall be not less than 60 feet in width or depth, as the case may be; provided, however, that parking areas, driveways, and roadways may be located within the required yard but shall be set back not less than 30 feet from any property located in a residential district or development, unless otherwise specifically authorized by a special use permit granting planned unit development approval pursuant to § 260-426 of this Code.
(9)
Side and rear yard regulations for accessory structures and uses. Subject to the setback requirements set forth in Paragraph F(6) above, and except as specifically authorized by a special use permit granting planned unit development approval pursuant to § 260-426 of this Code, parking areas, driveways, and sidewalks, wherever located, and other detached accessory structures and uses, when located within the rear 20% of the lot, shall not be required to maintain an interior side or rear yard or setback in excess of five feet unless the lot abuts property used or zoned for residential purposes, in which case a thirty-foot setback shall be maintained; provided, however, that this regulation shall not apply to antennas and antenna support structures; and provided further, however, that no accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this paragraph shall occupy more than 30% of such required yard.
(10)
Front yard regulations for signage and walkways. Notwithstanding any other provision of this chapter, signage and pedestrian walkways may be located within a required front yard setback, provided that such signage and walkways are part of a site plan approved by special use permit pursuant to § 260-426.
(11)
Credit for right-of-way dedication. For any zoning lot included within the Specialty Retail District that has frontage along Waukegan Road (Illinois Route 43), to the extent that any land from such lot is dedicated or otherwise conveyed for right-of-way purposes for Waukegan Road without compensation or remuneration of any sort, the Waukegan Road lot line(s) for such lot shall be deemed to be the lot line(s) as existed as of April 11, 2016. The prededication lot area and dimensions of such lot shall be applied for purposes of calculating lot area and dimensions, yards, gross floor area, and lot coverage requirements.