There are four (4) business zoning districts within the village. These districts are intended to govern the locations and uses of a full range of business and commercial establishments needed to serve the citizens of the village and its trade area. The regulations of the various business districts are designed to provide for grouping of business and commercial establishments that are compatible in scope of services and method of operations. The four (4) districts are:

   A.   The B-1 local business district that is intended to provide areas and govern uses therein for a range of shopper and personal service types of establishments in order to serve the general shopping needs of a consumer population that is located in the village and in areas immediately adjoining the village.

   B.   The B-2 local business district that is intended to provide areas and govern uses therein for a range of shopper and personal service types of establishments, including those providing entertainment, automotive sales, repair and services and other highway oriented services, in order to serve the general shopping and service needs of a consumer population that is located in the village and in areas adjoining the village.

   C.   The B-3 community business district that is intended to regulate uses permitted in B-1 and B-2 business districts that are concentrated in areas showing shopping center characteristics but without the benefit of unified ownership or control of individual properties. The B-3 community business district is designed to overcome the shortcomings resulting from absence of such unified ownership, and provides for integrated use of common accessory facilities such as customer parking, and the access driveways to the major streets for the benefit of public welfare, safety, and elimination of traffic congestion on the major streets.

   D.   The B-4 regional/community business district that is intended to require the comprehensive, coordinated and integrated development into multiple use retailing and limited service facilities meeting the needs of the community and surrounding region. (2005 Zoning Code)

   A.   Business District Bulk, Space And Yard Requirements (Not Including Residential):

 

(2005 Zoning Code; amd. Ord. 2006-16, 4-18-2006; Ord. 07-39, 12-18-2007)

Table Notes:

(B-1a) Except when adjacent to a residential front yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, 50 percent of the requirement shall apply.

(B-1b) Except if a yard is provided, it shall not be less than 5 feet in depth, and when the adjoining property is in a residential district, in which case there shall be a side yard adjoining the said residential property which shall be not less than 5 feet.

(B-1c) Such rear yard need not exceed 25 feet in depth.

   i.   If the compliance with the requirements of subsection A4c in the above table is deemed to cause extreme hardship in providing the required amounts of off street parking facilities for the occupants of the site, the planning and zoning commission may grant a reduction of rear yard requirements, provided such reduction will permit provision of additional parking spaces on the front or the side of the principal building; and provided further, that all other setback and screening requirements for front and side yards are observed.

   ii.   This reduction of the rear yard requirements shall not cause the reduction of the total distance between the rear lines of the respective principal buildings on the 2 properties abutting each other on their rear lot lines to less than the distance equal to the sum of the 2 respective rear yard requirements; and provided further, that such a reduction shall not be granted unless a written consent by the owner of the residential property affected by this reduction will be submitted to the planning and zoning commission.

iii Where the 2 properties are not divided by an alley on the rear, the rear yard requirements on the commercial property shall not be reduced to less than 3 feet.

(B-2a) Except when adjacent to a residential front yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, 50 percent of the requirements shall apply.

(B-2b) Except if a side yard is provided, it shall be not less than 5 feet in width; provided further, if a side yard adjoins a residence district boundary, a side yard not less than 20 feet shall be provided and at least a 5 foot portion of this side yard adjoining the neighborhood property shall be maintained as landscaped, including a densely planted, compact hedge not less than 5 feet in height. If there is an intervening alley, 50 percent of the requirements shall apply.

(B-2c) Except:

   i.   Adjoining Residence District: Where the rear lot line adjoins a residence district, a rear yard not less than 30 feet in depth shall be provided, and a 10 foot portion of such yard adjoining the residential district shall be maintained as landscaped area, including a densely planted, compact hedge not less than 5 feet in height.

   ii.   Adjoining An Alley: Where the rear lot line adjoins an alley, a landscaped area 5 feet in depth shall be provided at the edge of the rear yard along the rear property line and a screening hedge shall be provided. If access is to be provided from the alley, there shall be a driveway not less than 14 feet in width for one-way access, and not less than 24 feet in width for two-way access, and the distance between 2 such driveways shall be not less than 60 feet measured at the centerlines.

   iii.   Rear Yard Reduction:

      (a)   If compliance with the requirements of subsection A4c in the above table is deemed to cause extreme hardship in providing the required amounts of off street parking facilities for the occupant of the site, the planning and zoning commission may grant a reduction of rear yard requirements; provided, such reduction will permit provision of additional parking spaces on the front or the side of the principal building; and provided further, that all other setback and screening requirements for side and front yards are observed.

      (b)   This reduction of the rear yard requirements shall not cause the reduction of the total distance between the rear lines of the respective principal buildings on the 2 properties abutting each other on their rear lot lines to less than the distance equal to the sum of the 2 respective rear yard requirements; and provided further, that such a reduction shall not be granted unless a written consent by the owner of the residential property affected by this reduction will be submitted to the planning and zoning commission.

      (c)   Where the 2 properties are not divided by an alley on the rear, the rear yard requirements on the commercial property shall not be reduced to less than 3 feet.

(B-3a) Front yards shall be not less than 80 feet, except that the area extending from the yard line to within 15 feet of the street right of way may be occupied by drives, vehicular parking, sidewalks, landscaping, and similar facilities. All areas between the street right of way and yard line which is not occupied by such facilities, including the 15 feet adjoining the street, shall be appropriately landscaped.

(B-3b) If a side yard is provided, it shall be not less than 5 feet in width; provided further, if a side yard adjoins a residential district boundary, a side yard not less than 20 feet shall be provided and such side yard shall be maintained as landscaped area. If there is an intervening alley, 50 percent of the requirement shall apply.

(B-3c) Rear Yard:

   i.   Adjoining Residence District: Except where the rear lot line adjoins a residence district, a rear yard not less than 30 feet in depth shall be provided, and a 10 foot portion of such yard adjoining the residential district shall be maintained as landscaped area including a densely planted, compact hedge not less than 5 feet in height.

   ii.   Adjoining An Alley: Where the rear lot line adjoins an alley, a landscaped area 5 feet in depth shall be provided at the edge of the rear yard along the rear property line and a screening hedge shall be provided. If access is to be provided from the alley, there shall be a driveway not less than 24 feet in width and the distance between 2 such driveways shall not be less than 60 feet measured at the centerlines.

   iii.   Rear Yard Reduction:

      (a)   If compliance with the requirements of subsection A4c in the above table is deemed to cause extreme hardship in providing the required amounts of off street parking facilities for the occupants of the site, the planning and zoning commission may grant a reduction of rear yard requirements; provided, such reduction will permit provision of additional parking spaces on the front or the side of the principal building; and provided further, that all other setback and screening requirements for front and side yards are observed.

      (b)   This reduction of the rear yard requirements shall not cause the reduction of the total distance between the rear lines of the respective principal buildings on the 2 properties abutting each other on their rear lot lines to less than the distance equal to the sum of the 2 respective rear yard requirements; and provided further, that such a reduction shall not be granted unless a written consent by the owner of the residential property affected by this reduction will be submitted to the planning and zoning commission.

      (c)   Where the 2 properties are not divided by an alley on the rear, the rear yard requirements on the commercial property shall not be reduced to less than 3 feet.

   (2005 Zoning Code)

(B-4a) Special Use Permit: Except building heights may be taller through a special use permit.

(B-4b) Front Yard: No front yard is required, except when adjacent to a residential front yard, the requirement of the adjoining district shall apply in full. If there is an intervening alley, 50 percent of the requirement shall apply.

(B-4c) Side Yard: No side yard is required, except if a yard is provided, it shall not be less than 5 feet in depth, and when the adjoining property is in a residential district, in which case there shall be a side yard adjoining the said residential property which shall be not less than 5 feet.

(B-4d) Rear Yard: There shall be a rear yard of not less than 20 percent of the depth of the lot, provided, however, such rear yard need not exceed 25 feet in depth.

(B-4e) Rear Yards May Be Reduced:

   1.   If compliance with the rear yard requirements provided in subsection A4c in the above table is deemed to cause extreme hardship in providing the required amounts of off street parking facilities for the occupants of the site, the zoning board of appeals may grant a reduction of rear yard requirements; provided, such reduction will permit provision of additional parking spaces on the front or the side of the principal building; and provided further, that all other setback and screening requirements for the front and side yards are observed.

   2.   This reduction of the rear yard requirements shall not cause the reduction of the total distance between the rear lines of the respective principal buildings on the 2 properties abutting each other on their rear lot lines to less than the distance equal to the sum of the 2 respective rear yard requirements; and provided further, that such a reduction shall not be granted unless a written consent by the owner of the residential property affected by this reduction will be submitted to the zoning board of appeals.

   3.   Where the 2 properties are not divided by an alley on the rear, the rear yard requirements on the commercial property shall not be reduced to less than 3 feet.

(B-4f) Parcels Abutting A Residential District:

   1.   The rear lot line setback is 25 feet on those parcels abutting a residential district where there is no alley or street adjacent to the rear of a B-4 zoned property.

   2.   A 5 foot rear setback is required for those B-4 zoned parcels adjacent to an alley or street and abutting a residential district.

(Ord. 2006-16, 4-18-2006; amd. Ord. 07-39, 12-18-2007)

   B.   B-1 Local Business District Residential Bulk, Space And Yard Requirements:

 

(2005 Zoning Code)

All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced, except for specific uses in the B-2 business district where processing, and fabricating or wholesale sales are permitted. (2005 Zoning Code)

Except as otherwise provided in this chapter, dwelling units and lodging rooms are not permitted in any business district. (2005 Zoning Code)

All business servicing or processing and storage shall be conducted within completely enclosed buildings, except:

   A.   Off street parking and loading.

   B.   Garden supply displays as provided in section 12-7B-2 of this chapter regarding garden supply stores. (2005 Zoning Code)

   A.   Activities: All activities shall conform to the performance standards established for the M-1 manufacturing district, and in every case shall be applied at the boundaries of the lot on which such activities take place.

   B.   Lights: All outdoor lighting shall be of the diffused mercury or sodium vapor type or equivalent and shall be so located as not to shine into or upon adjoining residential property. (2005 Zoning Code)

Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over one and one-half (11/2) tons' capacity, except for pick up or delivery services during normal business hours. (2005 Zoning Code)

   A.   "Awning" and "canopy" are defined as roofed structures constructed of fabric or metal placed or fixed so as to extend no more than thirty six inches (36") outward from the building over public property, including, but not limited to, sidewalks, supported entirely from the building, providing a protective shield for doors, windows or other openings.

   B.   All awnings and canopies shall be permitted after approval of drawings and specifications by the village building commissioner.

   C.   All awnings and canopies shall be so constructed as to support all wind and snow weight loads as specified by adopted building codes or ordinances of the village of Berkeley.

   D.   All awnings and canopies shall be so located as not to interfere with the operation of any exterior standpipes, stairways or exits from a building.

   E.   All awnings and canopies shall be at least eight feet (8') in the clear between the lowest point and the sidewalk below.

   F.   All awnings and canopies shall be considered as open type construction and shall not be enclosed whatsoever, except at the point where the ceiling and/or roof assemblies abut the building.

   G.   All awnings and canopies shall be uniformly one of the following color options: royal blue, black, forest green, burgundy and as proposed by the village architectural review board. The use of high intensity, metallic or fluorescent colors is prohibited. Color schemes registered as corporate trademarks or logos may be considered for inclusion on any awning or canopy at the recommendation of the village administrator and approval by a majority of the village board of trustees made during a regular legislative meeting of that governing body.

   H.   Backlit and fiberglass awnings and canopies are prohibited in all business districts.

   I.   Each property owner for that portion of the awning and/or canopy extending from their property shall be responsible for all repairs and maintenance of said awning and/or canopy.

   J.   The village administrator, and/or his(her) designee, shall have the authority to conduct both random and regular annual inspections of all awnings and canopies for compliance with this section.

   K.   All persons, firms, corporations or associations found in violation of any provision of this section shall be punished by a fine of one hundred dollars ($100.00). Each day a violation of this section exists shall constitute a separate offense. (Ord. 07-37, 12-18-2007)

Art and school supply stores.

Bakeries.

Banks.

Barbershops and beauty parlors.

Candy and ice cream stores.

Catering establishments and restaurants.

Clothes pressing establishments.

Copy shops.

Drugstores.

Dry or steam cleaning receiving and delivery stores; provided, that chemicals, solvents or other materials used in the cleaning operation be allowed pursuant to the terms of the building code, as amended from time to time.

Electrical shops for repair of electrical and radio or television equipment and other similar commodities not involving the conduct of any manufacturing on the premises.

Employment agencies.

Florist shops.

Food stores, meat and fish markets, and delicatessens.

Gift shops.

Grocery stores or supermarkets.

Haberdashery stores.

Hardware stores.

Hobby shops for retailing of items to be assembled or used away from the premises.

Jewelry stores.

Laboratories.

Laundromats.

Locksmith shops.

Medical or dental clinics, including laboratories incidental thereto.

Messenger or telegraph service stations.

Millinery shops.

Newspaper offices, not including printing.

Offices, professional, business, public or institutional.

Photographer's, artist's, or interior decorator's studio.

Retail shops or stores that include anything that is currently a permitted use.

Sales or show rooms.

Tailor shops.

Taverns.

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

Toy stores.

Upholstering shops.

Variety stores. (Ord. 11-36, 11-15-2011)

Animal hospitals.

Banquet halls/event spaces, as accessory to a restaurant principal use.

Daycare center.

Multiple-family dwelling units, including senior citizen housing.

Pawn or resale shops.

Public assembly.

Public utility and governmental service uses. The location, width, and lot area of each use shall be recommended by the planning and zoning commission and approved by the village board.

Theaters, indoor.

Undertaking establishments and funeral parlors: On a lot not less than one hundred twenty feet (120') in width and not less than one acre in area.

Other business uses similar to permitted uses listed above.

Accessory uses to the above special uses including, but not limited to, off street parking, off street loading, business signs and marketing and management offices.

(Ord. 11-36, 11-15-2011; amd. Ord. 15-20, 3-3-2015; Ord. 21-15, 4-6-2021; Ord. 24-03, 2-6-2024)

Off street parking and off street loading shall be in accordance with regulations set forth in chapter 12, articles A and B of this title. (2005 Zoning Code)

Signs shall be in accordance with regulations set forth in chapter 13 of this title. (2005 Zoning Code)

Any use permitted in the B-1 local business district.

Auction rooms.

Battery and tire service stations.

Bowling alley.

Greenhouses and garden supply stores, not including outdoor storage or display of garden supplies.

Hotels.

Laundries employing not more than five (5) persons on the premises.

Motels.

Newspaper or periodical offices; and print shops for printing, publishing and issuing of newspapers and periodicals.

Plumbing, heating, electrical, ventilating and air conditioning supply and repair.

Print shops, or job printing, where not more than ten (10) full time shop employees are employed on the premises, and the gross floor area not to exceed six thousand (6,000) square feet.

Rental of equipment from an enclosed building, no outside storage.

Roofing sales and service.

Theaters, enclosed.

Accessory buildings and uses customarily incidental to the above listed uses. (2005 Zoning Code)

Any of the special uses permitted in the B-1 local business district.

Automobile sales establishments only for authorized new passenger automobile sales agencies, provided vehicular access to public garages and service areas is from an alley or service drive at the rear lot line.

Automobile service stations, on a lot not less than eighteen thousand (18,000) square feet in area; provided, that no tank, pump, pipe or other equipment for the storage and handling of gasoline or any other flammable liquids shall be installed within three hundred feet (300') of the nearest boundary of any lot or plot of ground used for a school, hospital, church, or theater; or within three hundred feet (300') of the nearest boundary of any lot or plot of ground either used for a railway passenger depot or freight depot, or improved with buildings in which not less than seventy five percent (75%) of the total floor space is used for warehouse or storage purposes; or within six hundred feet (600') of the nearest boundary of any lot or plot of ground used for an existing gasoline service station or for gasoline storage tank or tanks.

Dual uses, which may include either a permitted use or special use business from a B-1 local business district classification under this title, with a B-2 local business district classification. Said dual use business may not be located within two thousand six hundred forty feet (2,640') from any other similar dual use business within the village.

Garages, storage, or off street parking lots or structures, commercial or municipal.

Garden supply stores with outdoor display of merchandise; provided, such outdoor display area shall be confined within the buildable area of the lot and shall be fenced on all sides with a five foot (5') chainlink fence; and provided further, the area dedicated to outdoor display shall not be in excess of thirty percent (30%) of the land area occupied by the principal structure.

Accessory uses to the above listed uses including, but not limited to, off street parking and off street loading, drive-in facilities, and business signs. (2005 Zoning Code)

Off street parking and off street loading shall be in accordance with regulations set forth in chapter 12, articles A and B of this title. (2005 Zoning Code)

Signs shall be in accordance with regulations set forth in chapter 13 of this title. (2005 Zoning Code)

Any use permitted in the B-1 and B-2 business districts. (2005 Zoning Code)

Any of the special uses permitted in the B-1 local business district. (2005 Zoning Code)

Off street parking and off street loading shall be in accordance with the regulations set forth in chapter 12, articles A and B of this title. (2005 Zoning Code)

Signs shall be in accordance with regulations set forth in chapter 13 of this title. (2005 Zoning Code)

The B-4 regional/community business district regulations are intended to require the comprehensive, coordinated and integrated development into multiple use retailing and limited service facilities meeting the needs of the community and surrounding region. (Ord. 2006-16, 4-18-2006)

   A.   Retail: Minimum of one thousand five hundred (1,500) square feet required:

      Art and school supply stores.

      Audio/video computer, wireless communications, and office equipment sales and services.

      Automobile accessory stores - without drive-in service.

      Automobile sales.

      Bakeries.

      Battery and tire service stations.

      Bicycle stores - sales, rental and repair.

      Book and stationery stores.

      Bowling alleys.

      Butcher shops.

      Camera and photographic supply stores (including photofinishing services).

      Candy and ice cream stores.

      Carpet and rug stores.

      China and glassware stores.

      Clothing stores.

      Department stores.

      Drugstores.

      Dry cleaners (no dry cleaning facility on site).

      Dry goods stores.

      Eyeglass stores - including incidental optometrist offices.

      Fabric or upholstery stores.

      Fine antique furniture and collectibles.

      Fine art galleries.

      Florist shops.

      Food stores, meat and fish markets, and delicatessens.

      For profit professional and service offices and businesses only - second floor and above.

      Furniture stores.

      Furrier shops - including storage and conditioning of furs.

      Garden supply stores - seasonal.

      Gift shops.

      Greenhouses and nurseries.

      Grocery stores.

      Haberdasheries.

      Hardware stores.

      Hobby stores.

      Jewelry stores.

      Leather goods and luggage stores.

      Liquor stores.

      Medical or orthopedic appliance stores.

      Music stores - sheet and record music - retail sales.

      Musical instrument retail sales - including repair service.

      Office supply stores.

      Personal physical fitness training/supervised exercise facilities that include related retail sales.

      Pet shops.

      Picture frame shops.

      Planned unit developments.

      Shoe stores.

      Sporting goods stores.

      Theaters, enclosed.

      Tobacco shops - retail sales.

      Toy shops.

      Video rental stores.

      Accessory uses incidental to permitted uses, including off street parking, loading, and approved signs.

   B.   Restaurants and taverns: Of not less than two thousand (2,000) square feet. (Ord. 11-36, 11-15-2011)

Automobile repair facilities, with or without body shops.

Automobile sales (new vehicle dealerships) and service, with or without body shops.

Banks and automated teller machines (see section 12-2-3 of this title for definitions).

Christmas tree sales - seasonal.

Copy shops.

Daycare center.

Drive-through facilities.

Filling stations including accessory minimart or car wash.

Hotels and motels.

Laundromats.

Open air or "farmers' market" - seasonal.

Pawn or resale shops.

Plumbing, heating, electrical, ventilating, and air conditioning supply and repair.

Rental of equipment, enclosed.

Residential units - second floor and above.

Small appliance repair shops.

Tailor shops.

Travel agent. (Ord. 12-21, 7-17-2012; amd. Ord. 15-20, 3-3-2015)

The St. Charles Road corridor plan (corridor plan), completed in 1999, established a framework for promoting economic development within the village and the revitalization of the St. Charles Road corridor and served as the basis for establishing this B-4 district. Permitted uses within this district are restricted to multiuse retailing and limited services; however, in a small number of cases, existing properties are not well suited for those uses enumerated in section 12-7D-3 of this article. The purpose of this section is to allow for certain office and service uses in limited quantities within the B-4 district, without diluting the purpose of the B-4 district established by the corridor plan, which is to require the comprehensive, coordinated and integrated development into multiple use retailing and limited service facility meeting the needs of the community and surrounding region.

   A.   In existing nonresidential lots, where the intent of the B-4 zoning district to permit multiuse retailing and limited service facilities is restricted by the existing characteristics of the property, approval of a conditional use permit may be granted for the following uses, provided that the village plan commission finds that the location is appropriate and not in conflict with the corridor plan:

      Business offices.

      Doctor or other medical offices.

      Professional, scientific, and technical services as defined in the NAICS code (see appendix).

   B.   Uses must meet at least four (4) of the following conditions:

      1.   Lot frontage less than or equal to seventy five feet (75');

      2.   Lot size less than or equal to ten thousand (10,000) square feet;

      3.   Existing on site parking does not conform to minimum parking requirements;

      4.   Building is one story and based on the parking, lot size, and structural conditions of the building it has little potential to be converted with additional stories;

      5.   Professional marketing of the property for retail uses has been unsuccessful during a period of six (6) or more consecutive months; or is

      6.   Indicated as not a probable redevelopment site in the corridor plan.

   C.   Unless otherwise specified in this article or specified as a condition of approval, the height limits, minimum yards, lot area, and sign requirements shall be the same as for other uses in the B-4 district.

   D.   The privileges, obligations, and provisions of any conditionally permitted use under this section shall be for the sole benefit of and shall be binding on the applicant. Nothing in this section shall be deemed to allow the applicant to transfer its privileges, obligations, or any other provision to any person or entity without a new application for approval for any person or entity other than the applicant. (Ord. 2006-16, 4-18-2006)

   A.   All current uses in conflict with this article will remain as legal nonconforming uses until such time that the building is demolished, square footage would be changed, or the building would be substantially remodeled. At that time, the property will comply with the terms of this article.

In regard to nonconforming religious uses, to advance religious expression or identification, but which does not substantially expand or extend the size or useful life of the building, shall not be considered substantially remodeled for the purposes of this article but shall be in compliance with all other applicable ordinances.

   B.   In existing buildings, which, due to their unique size, placement, parking, or architecture, or office and professional nature, transfer of ownership or other replacement of a legal nonconforming use with a use of substantially similar character, is permitted; provided, that the replacement use is occupied within six (6) months after the discontinuation of the original legal nonconforming use and continuous efforts are made to seek a replacement use in the interim. (Ord. 2006-16, 4-18-2006)

Off street parking and off street loading shall be in accordance with regulations set forth in chapter 12, articles A and B of this title. (Ord. 2006-16, 4-18-2006)

Signs shall be in accordance with regulations set forth in chapter 13 of this title. (Ord. 2006-16, 4-18-2006)

New uses that require changes to the square footage of an existing building, substantial reconfiguration or remodeling of an existing building, or new buildings, will require site plan review and approval. (Ord. 2006-16, 4-18-2006)

The owner of a parcel not meeting the lot size requirements established for a B-4 zone herein, upon proof of hardship and of a best efforts attempt over a reasonable length of time to make the parcel part of a larger accumulation by purchase of adjoining property or sale to adjoining landowners, may request a variance to the square footage development requirements set forth herein as a part of the special use process. (Ord. 2006-16, 4-18-2006)

   A.   Location On Same Zoning Lot: Drive-through facilities shall be considered accessory uses and shall be located on the same zoning lot as the principal use.

   B.   Bulk, Stacking, And Parking Requirements: Notwithstanding any bulk or parking regulations in this article to the contrary, and unless otherwise waived by the plan commission, the following bulk, automobile stacking, and parking requirements shall apply to uses with accessory drive-through facilities:

 

 

      2.   Drive-through lanes and stacking spaces shall not cross off street parking areas or pedestrian walkways.

      3.   All drive-through lanes and stacking spaces shall be separated from the site access (public street, neighboring lots, etc.) and parking.

      4.   All drive-through lanes shall be sized to hold the minimum stacking spaces as required by the village's off street parking and loading requirements.

      5.   Site specific buffering and/or screening is required. (Ord. 2006-16, 4-18-2006)