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Bloomingdale City Zoning Code

CHAPTER 8

BUSINESS DISTRICTS

11-8A-1: PURPOSE:

The business districts set forth herein are established to protect the public health, to promote public safety, comfort, convenience and the general welfare and to protect the economic base of the village and the value of the property. These general purposes include, among others, the following objectives:
   A.   To promote the most desirable use of land in accordance with a well considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the village.
   B.   To place in separate districts those businesses which may create noise, odors, hazards, or unsightliness, or which may generate excessive traffic.
   C.   To permit selected business uses in districts adjacent to residential areas where sufficient value or convenience to the residential area offsets the disadvantages of the business use.
   D.   To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion by encouraging the use of a common ingress and egress.
   E.   To promote the establishment of off street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
   F.   To promote design appearance, style and construction of structures in the business districts which will be essentially compatible with the residential character of the village. (Ord. 81-49, 11-9-1981)

11-8A-2: ALLOWABLE USE OF LAND OR BUILDINGS:

The following uses of land or buildings are allowed in the business districts contained herein under the conditions specified in this title:
   A.   Uses lawfully established on the effective date hereof.
   B.   Permitted uses as designated for each business district.
   C.   Special uses. (Ord. 81-49, 11-9-1981)

11-8A-3: PERMITTED USES:

   A.   Permitted uses of land or buildings, as listed in this chapter, shall be permitted in accord with the conditions specified. No building or zoning lot shall be devoted to any use other than a use permitted in this chapter, and no building or structure shall be erected, altered, enlarged, or occupied, except as a permitted use in this chapter, in the zoning district in which such building or zoning lot shall be located unless otherwise specifically allowed by this chapter. Uses lawfully established on the effective date hereof and rendered nonconforming by the provisions hereof shall be subject to the regulations of chapter 12 of this title.
   B.   Uses permitted in the B-3 district include those listed in the B-2 and B-1 districts. Uses listed in the B-2 district include those listed in the B-1 District. Uses listed in the B-4 District do not include automatically those permitted in the other districts. (Ord. 81-49, 11-9-1981)

11-8A-4: SPECIAL USES:

   A.   It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified without consideration of the impact, in each case, of these uses upon neighboring land and of the public need for the particular use at the particular location. These uses fall into two (2) categories:
      1.   Uses publicly operated or traditionally affected with a public interest.
      2.   Private uses of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property. (Ord. 81-49, 11-9-1981)
   B.   The special uses listed in each district may be permitted by the adoption of an ordinance by the Village Board of Trustees granting a special use permit upon receiving the recommendation of the Planning and Zoning Commission. The procedures for requesting a special use permit are described in section 11-3-4 of this title. (Ord. 81-49, 11-9-1981; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

11-8A-5: ACCESSORY USES:

   A.   Accessory uses include buildings or other structures customarily incidental to and commonly associated with a permitted or special use. These uses may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted or special use and do not include structures or structural features inconsistent with these uses and do not involve the conduct of any business, profession, trade or industry.
   B.   A further discussion on, and the standards for accessory buildings and uses, are described in section 11-5-9 of this title. (Ord. 81-49, 11-9-1981)

11-8A-6: LOT AND BULK REGULATIONS:

With the exception of planned developments, lot and bulk regulations shall be as set forth under each specific business district contained herein. (Ord. 81-49, 11-9-1981)

11-8A-7: PARKING AND LOADING REQUIREMENTS:

Off street parking and loading facilities shall be provided as required in chapter 13 of this title and other sections of this title, as applicable. (Ord. 81-49, 11-9-1981)

11-8A-8: STORMWATER DRAINAGE AND ENTRANCE CURBS:

Storm drainage and entrance curbs are required on all street frontages and shall meet the approval of the Village Engineer and be in accordance with Village ordinances. (Ord. 81-49, 11-9-1981; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

11-8A-9: PERFORMANCE STANDARDS:

All activities shall conform with the performance standards established for the M-1 Limited Manufacturing District except where otherwise stated. These standards are presented in section 11-9-7 of this title. (Ord. 81-49, 11-9-1981)

11-8A-10: ADDITIONAL STANDARDS:

The following standards shall apply to all business districts.
   A.   All business shall be retail, wholesale, service or office establishments dealing directly with the consumer.
   B.   All business, service, storage, merchandise display and processing shall be conducted entirely within an enclosed building with the exception of off street parking or loading, automotive service stations, open sales lots, and outdoor amusement and recreation areas in districts where they are permitted. There shall be no storage or overnight parking at gas stations with the exception of vehicles under active repair but not to exceed four (4) vehicles.
   C.   Except in the case of a planned development, only one principal structure will be allowed on any subdivided lot, and no principal structure shall be constructed across a subdivision lot line.
   D.   Additional special provisions are contained in each of the individual district regulations. (Ord. 81-49, 11-9-1981)

11-8A-11: SIGNS:

Signs shall be subject to the regulations contained in chapter 14 of this title. (Ord. 81-49, 11-9-1981)

11-8A-12: SITE PLAN APPROVAL:

Site plan approval shall be as provided in chapter 4 of this title. (Ord. 81-49, 11-9-1981)

11-8B-1: PURPOSE:

The B-1 neighborhood business district is intended to provide areas to be used by retail or service establishments to supply convenience goods or personal services for the daily needs of the residents living in adjacent residential neighborhoods. This district is normally located on secondary thoroughfares, is relatively small in size, not to exceed two (2) acres, and has bulk standards that are compatible with the bulk standards for low to medium density residential districts. (Ord. 81-49, 11-9-1981)

11-8B-2: PERMITTED USES:

Personal service establishments:
Barbershop.
Dancing school or studio.
Locksmith.
Music school with sales of musical instruments and accessory items.
Photographic studio, including developing and printing as part of the retail business.
Salon. In addition to customary hairstyling, facial, manicure and pedicure services, a salon may include a single therapeutic massage station conducted as accessory to the larger salon operation. The amount of floor area devoted to therapeutic massage shall not exceed thirty five percent (35%) of the total floor area of the salon. Customer changing may be located within the massage treatment room. Hand washing sinks may be located outside of the changing room. Compliance with all other massage establishment restrictions in this code, stand alone ordinances and state and local licensing procedures is required.
Shoe repair shop.
Tailor, hat and clothes repair or dressmaker shop.
Retail businesses:
Art and school supply store.
Bakery, in which the manufacture of goods is limited to goods retailed on the premises only.
Bicycle store; sales, retail or repair.
Book and stationery store.
Candy and confectionery store.
Coin, philatelic, stamp and numismatic store.
Dairy products store.
Delicatessen.
Drugstore; pharmacy.
Dry cleaning and laundry receiving establishment, processing to be done elsewhere.
Flower shop.
Gift shop.
Grocery and food store.
Hobby shop.
Ice cream store. (Ord. 81-49, 11-9-1981; amd. 2012 Code; Ord. 2013-33, 10-28-2013)

11-8B-3: ACCESSORY USES:

Accessory uses shall be provided in accordance with the provisions of section 11-5-9 of this title. (Ord. 81-49, 11-9-1981)

11-8B-4: SPECIAL USES:

Clubs and lodges; private, fraternal or religious (no live entertainment or dancing).
Convalescent center, nursing home, geriatric center and rest home.
Essential services: gas regulator station, telephone exchange, electric substation, pumping station, well site.
Library and branch library.
Nursery school, children's day school, day nursery, childcare center, and daycare center, provided at least one hundred fifty (150) square feet of outdoor play area is provided for each child that is cared for.
Outdoor dining area with available seating for not more than eight (8) individuals; provided, however, all applicable village health and safety ordinances shall apply to all outdoor dining areas regardless of seating capacity.
Planned unit development as defined in chapter 10, article A of this title.
Police-fire station.
Transit and transportation passenger shelter.
Similar and compatible uses to those listed as permitted for special uses. (Ord. 81-49, 11-9-1981; amd. Ord. 97-51, 9-22-1997; Ord. 2007-20, 5-24-2007; Ord. 2008-14, 3-24-2008)

11-8B-5: TEMPORARY USES:

Temporary building for construction purposes, for a period not to exceed the duration of such construction. (Ord. 81-49, 11-9-1981)

11-8B-6: LOT SIZE:

With the exception of planned unit developments, a separate ground area, herein called the "zoning lot", shall be designated, provided and continuously maintained for each structure containing a permitted use or special use.
   A.   Minimum lot area: Twenty thousand (20,000) square feet.
   B.   Minimum lot width: One hundred feet (100'). (Ord. 81-49, 11-9-1981)

11-8B-7: YARDS:

Minimum yard requirements for each lot in the B-1 district shall be as follows:
   A.   Minimum Front Yard:
      1.   All structures shall maintain a setback of not less than fifty feet (50') from the front lot line, with the exception of Lake Street, Gary Avenue, Bloomingdale Road, Schick Road and Army Trail Road. On Lake Street, Gary Avenue, Bloomingdale Road, Schick Road, and Army Trail Road, all structures shall maintain a minimum setback of seventy five feet (75') from the front lot line.
      2.   The first thirty feet (30') of all front yards shall be devoted to landscape materials such as sod, trees, a means of ingress and egress, signs, and obstructions as permitted by other provisions of this title.
   B.   Minimum Corner Side Yard: Forty feet (40').
   C.   Minimum Interior Side Yard: Twenty feet (20') combined, with one side not less than twelve feet (12').
   D.   Minimum Rear Yard: Thirty feet (30'). (Ord. 81-49, 11-9-1981)
   E.   Transition Yards: Where a side or rear lot line in the B-1 district coincides with a side or rear lot line of a residential district, the minimum yard requirement will be the greater of the B-1 district yard requirement or the applicable residential district yard requirement. (Ord. 81-49, 11-9-1981; amd. 2012 Code)

11-8B-8: BULK REGULATIONS:

   A.   Maximum structure height: Thirty feet (30') or two (2) stories, whichever is less.
   B.   Floor area ratio: 0.6. (Ord. 81-49, 11-9-1981)

11-8B-9: SPECIAL PROVISIONS:

   A.   Enclosure Of Operations: All business, servicing or processing shall be conducted within completely enclosed buildings, except:
      1.   Off street parking or loading.
      2.   Accessory uses when allowed by the special use procedure.
   B.   Scope Of Operations: All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold primarily at retail on the premises where produced. (Ord. 81-49, 11-9-1981; amd. Ord. 90-59, 10-8-1990)

11-8C-1: PURPOSE:

The B-2 community business district is intended to provide areas to be used as the primary shopping area for residents of the village and other nearby towns, transients, and for the shopping area for occupants of various business and manufacturing establishments. This district permits most all types of business and commercial enterprises, offices, and service establishments. This district is normally centrally located with respect to the shopping service area and located at the convergence or along the major thoroughfares of the village. (Ord. 81-49, 11-9-1981)

11-8C-2: PERMITTED USES:

Business service establishments:
Banks.
Better business bureau.
Business and management consultant.
Business office.
Business school.
Chamber of commerce.
Charitable organization.
Civic association.
Credit agency.
Currency exchange.
Detective agency.
Employment agency.
Financial institution.
Insurance agency.
Investment company.
Labor union and organization.
Loan company.
Merchants' association.
News syndicate.
Newspaper office, not including printing.
Outdoor dining, complying with the following conditions:
   A.   The seating area consists of twenty-four (24) seats or less;
   B.   The property is not adjacent to a residential use or development;
   C.   There is no live entertainment, music on speakers, or video screens on the outdoor patio;
   D.   A railing is added to protect diners from vehicular traffic. The building and zoning official may waive this requirement if, in his discretion, the proposed seating is not adjacent to, or endangered by, vehicular traffic;
   E.   At least one accessible seat is provided;
   F.   Screening, either a landscaped area with plantings or containers (planters), shall be added to buffer the area;
   G.   No signage, not otherwise permitted in chapter 14 of this title, is added;
   H.   No lighting is added that will create light trespass on any residential properties.
Parking lot, commercial.
Picture framing conducted for retail trade.
Political organization.
Professional membership association.
Real estate office.
Savings and loan.
Security and commodity broker.
Social service and fraternal association.
Trade association.
Personal service establishments:
Personal service establishments permitted in the B-1 district.
Business school.
Clothing and costume rental store.
Dry cleaning, employing not more than five (5) persons and where equipment for dry cleaning does not exceed units of thirty (30) pounds' capacity.
General minor repair or fix it shop.
Hearing aid store.
Interior decorating studio including upholstery and making of draperies, slipcovers and other similar articles when conducted as a secondary activity to the principal use.
Travel bureau and transportation ticket office.
Professional office establishments:
Accounting, auditing, and bookkeeping.
Artists and industrial design studio.
Attorney and law office.
Chiropodist office and podiatrist office.
Chiropractor office.
Dentist office.
Doctor, surgeon and/or physician office.
Engineering and architectural service.
Laboratory; medical and dental.
Land surveyor.
Landscape architect.
Medical and dental clinic.
Optician office.
Osteopath office.
Professional consultant.
Scientific research agency.
Retail business, which supplies commodities on the premises:
Retail business permitted in the B-1 district.
Apparel store, including clothing, coats, millinery and footwear items.
Appliance store.
Art gallery.
Business machines store.
Butcher shop.
Catalog store.
China and glassware store.
Department store.
Drapery store.
Drugstore.
Floor covering, including rugs, linoleum and carpets.
Furniture store, including upholstering when conducted as part of the retail operation and secondary to the principal use.
Furrier shop, including the incidental storage and conditioning of furs.
Leather goods and luggage store.
Music shop.
Office supplies and stationery.
Paint and wallpaper store.
Pet shop.
Restaurant, excluding drive-in services (no live entertainment or dancing).
Restricted production and repair for retail sales limited to the following: art needlework, clothing, custom manufacturing and alterations, jewelry from precious metals and watches.
Sewing machine sales and service.
Sporting goods store.
Tack shop.
Tile store (wall or floor).
Toy store.
Trading stamp store.
Variety and notions store. (Ord. 81-49, 11-9-1981; amd. Ord. 97-51, 9-22-1997; Ord. 2011-10, 2-28-2011; Ord. 2022-41, 10-10-2022; Ord. 2024-09, 2-26-2024)

11-8C-3: ACCESSORY USES:

Accessory uses shall be provided in accordance with the provisions of section 11-5-9 of this title. (Ord. 81-49, 11-9-1981)

11-8C-4: SPECIAL USES:

Special uses allowed in the B-1 district.
Clubs, lodges, and restaurants with live entertainment and dancing.
Game rooms employing amusement devices commonly known as pinball machines, shuffleboards, bowling machines, and coin operated games of skill, but shall not include regulation bowling alleys or pool or billiard tables.
Massage establishments.
Meeting hall.
Off street parking facility as a principal use on a zoning lot, provided the parking lot is part of an overall planned development, and is constructed to serve one or more principal uses in the same planned development.
Outdoor seating in excess of twenty-four (24) seats or otherwise not consistent with the conditions set forth in Section 11-8C-2 of this code.
Package liquor store.
Planned unit development, as defined in chapter 18 of this title.
Professional office (other than those listed in section 11-8C-2 of this article, entry reading "Professional office establishments").
Theater, indoor only.
United States post office.
Similar and compatible uses to those listed as permitted or special uses. (Ord. 81-49, 11-9-1981; amd. Ord. 85-43, 12-9-1985; Ord. 95-12, 2-13-1995; Ord. 2007-20, 5-24-2007; Ord. 2012-27, 6-11-2012; Ord. 2014-48, 10-27-2014; Ord. 2015-49, 11-23-2015; Ord. 2022-41, 10-10-2022)

11-8C-5: TEMPORARY USES:

Temporary building for construction purposes, for a period not to exceed the duration of such construction. (Ord. 81-49, 11-9-1981)

11-8C-6: LOT SIZE:

With the exception of planned developments, a separate ground area, herein called the "zoning lot", shall be designated, provided and continuously maintained for each structure containing a permitted use or special use.
   A.   Minimum lot area: Thirty thousand (30,000) square feet.
   B.   Minimum lot width: One hundred feet (100'). (Ord. 81-49, 11-9-1981)

11-8C-7: YARDS:

   A.   Minimum Front Yard:
      1.   All structures shall maintain a setback of not less than fifty feet (50') from the front lot line, with the exception of Lake Street, Gary Avenue, Bloomingdale Road, Schick Road and Army Trail Road. On Lake Street, Gary Avenue, Bloomingdale Road, Schick Road, and Army Trail Road, all structures shall maintain a minimum setback of seventy five feet (75') from the front lot line.
      2.   The first thirty feet (30') of all front yards shall be devoted to landscape materials such as sod, trees, a means of ingress and egress, signs, and obstructions as permitted by other provisions of this title.
   B.   Minimum Corner Side Yard: Forty feet (40').
   C.   Minimum Interior Side Yard: Twenty feet (20') combined (with 1 side at least 12 feet).
   D.   Minimum Rear Yard: Thirty feet (30').
   E.   Transition Yards: Where a side or rear lot line in the B-2 district coincides with a side or rear lot line in an adjacent residential district, the respective yard requirements of the residential district shall apply to the side or rear yard requirements of the B-2 district. (Ord. 81-49, 11-9-1981)

11-8C-8: BULK REGULATIONS:

   A.   Maximum structure height: Thirty feet (30') or two (2) stories, whichever is less.
   B.   Floor area ratio: 0.6. (Ord. 81-49, 11-9-1981)

11-8C-9: SPECIAL PROVISIONS:

   A.   Enclosure Of Operations: All business, servicing or processing shall be conducted within completely enclosed buildings, except:
      1.   Off street parking or loading.
      2.   Accessory uses when allowed by the special use procedure.
   B.   Scope Of Operations: All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold primarily at retail on the premises where produced. (Ord. 81-49, 11-9-1981; amd. Ord. 90-59, 10-8-1990)

11-8D-1: PURPOSE:

The B-3 general service business district is intended to provide areas to be used for most types of retailing and service uses, certain wholesale and warehousing uses, and some limited industrial activities that are normally associated with business uses. The uses allowed are often large space uses and cater to customers who do not make frequent purchases. The market area for the permitted uses extends to an area much larger than the village. This district is normally located along major thoroughfares where adequately sized parcels of land allow for large setbacks, clear vision, and safe ingress and egress. (Ord. 81-49, 11-9-1981)

11-8D-2: PERMITTED USES:

Those uses of land and buildings identified as permitted uses within the B-2 community business district and B-1 neighborhood business district.
Business service establishments:
Blueprint and photocopy establishment.
Electrical shop and supply shop.
Equipment and appliance repair shop.
Equipment rental and leasing service.
Exterminating service.
Frozen food locker.
Furnace supply and service.
Furniture repair and upholstery.
Greenhouse; retail sales.
Lawn mower repair shop.
Mail order service shop.
Milk machine sales.
Paint shop.
Plumbing and heating showroom and shop.
Refrigeration shop (service and repair).
Sewer cleaning and rodding service.
Sign contractor, no outside storage.
Swimming clubs and pools.
Swimming pool sales and service.
Taxidermist.
Water softener service.
Window cleaning firm.
Personal service establishments:
Museum.
Recreation building such as ice and roller skating, including community center.
Professional office establishments:
Offices ancillary to any of the uses permitted or allowed in this district.
Retail business:
Building services and supplies, not including outside storage.
Casket and casket supplies.
Catering establishment.
Direct selling establishment, where products are stored.
Farm and garden supply store.
Hay, grain and seed store.
Job printing shops, using presses having beds of not more than fourteen inches by twenty inches (14" x 20") (size).
Nursery retail sales.
Orthopedic and medical appliance store, but not including the assembly or manufacture of such articles.
Recording studio.
Tombstone and monument sales. (Ord. 81-49, 11-9-1981; amd. Ord. 2008-14, 3-24-2008)

11-8D-3: ACCESSORY USES:

Accessory uses shall be provided in accordance with the provisions of section 11-5-9 of this title. (Ord. 81-49, 11-9-1981)

11-8D-4: SPECIAL USES:

Special uses allowed in the B-2 district.
Billiard and pool hall.
Bowling alley.
Drive-through uses.
Gymnasium.
Hotel, including dining and meeting rooms.
Indoor climate-controlled facility.
Indoor skating rink and other recreational facility.
Lumberyard.
Motel.
Outdoor amusement establishment; trampoline center, miniature golf course, kiddy park, etc.
Outdoor display lot for display and sales of goods, fixtures and equipment of swimming pools and related accessories, said display and sales to be in conjunction with and part of the adjacent business use.
Pet adoption service accessory to a pet store.
Planned unit development, as defined in chapter 18 of this title.
Resale establishment, subject to the following:
   A.   All sales of merchandise permitted hereunder shall be conducted entirely from within a retail space not less than fifteen thousand (15,000) square feet in area;
   B.   All buildings used for the sale of merchandise permitted hereunder shall include separate entrances for retail customers and persons delivering previously owned merchandise to the establishment;
   C.   All deliveries of merchandise to a building used for the sale of merchandise as permitted hereunder shall be made in person to an employee of the establishment during such hours as the establishment is open to the general public; and
   D.   The use of unattended containers, receptacles, depositories, boxes or like devices for the receipt or collection of merchandise to be sold as contemplated hereunder shall be prohibited.
Roadside stand.
Sheet metal fabrication in accordance with the following terms and conditions:
   A.   That the use shall be part of a planned unit development of not less than four (4) acres.
   B.   That not less than sixty six percent (66%) of the subject property be devoted to open space, exclusive of off street parking.
   C.   That development shall take place in accordance with a site plan and landscape plan approved by the village board and incorporated into the planned unit development ordinance.
   D.   That all fabrication shall take place within enclosed buildings.
   E.   That loading and unloading of trucks shall take place within enclosed buildings.
   F.   That all performance standards shall be in keeping with those set forth in the ordinances of the village including, without limitation, chapter 9 of this title.
   G.   That no fabrication of sheet metal may take place closer than one hundred forty feet (140') to any residential property.
   H.   That fabrication is limited to the storage, cutting, shaping and assembling of metal for later off site installation. No raw material shall be processed into metal.
   I.   That a building permit shall be obtained and construction begun within one year from the date of granting the special use, and that construction shall be completed and a certificate of occupancy issued within three (3) years from the granting of the special use.
Tavern and cocktail lounge.
Testing laboratory.
Tire, battery, and accessory dealer.
Veterinary clinic, animal hospital. (Ord. 81-49, 11-9-1981; amd. Ord. 84-9, 4-9-1984; Ord. 84-51, 9-24-1984; Ord. 2007-20, 5-24-2007; Ord. 2011-10, 2-28-2011; Ord. 2011-34, 9-12-2011; Ord. 2014-26, 6-9-2014; Ord. 2015-30, 6-22-2015; Ord. 2022-41, 10-10-2022)

11-8D-5: TEMPORARY USES:

Temporary building for construction purposes, for a period not to exceed the duration of such construction. (Ord. 81-49, 11-9-1981)

11-8D-6: LOT SIZE:

With the exception of planned developments, a separate ground area, herein called the "zoning lot", shall be designated, provided and continuously maintained for each structure containing a permitted use or special use.
   A.   Minimum lot area: Forty thousand (40,000) square feet.
   B.   Minimum lot width: One hundred twenty five feet (125'). (Ord. 81-49, 11-9-1981)

11-8D-7: YARDS:

   A.   Minimum front yard:
      1.   All structures shall maintain a setback of not less than fifty feet (50') from the front lot line, with the exception of Lake Street, Gary Avenue, Bloomingdale Road, Schick Road and Army Trail Road. On Lake Street, Gary Avenue, Bloomingdale Road, Schick Road, and Army Trail Road, all structures shall maintain a minimum setback of seventy five feet (75') from the front lot line.
      2.   The first thirty feet (30') of all front yards shall be devoted to landscape materials such as sod, trees, a means of ingress and egress, signs, and obstructions as permitted by other provisions of this title.
   B.   Minimum corner side yard: Fifty feet (50').
   C.   Minimum interior side yard: Thirty feet (30') (with 1 side at least 12 feet).
   D.   Minimum rear yard: Forty feet (40').
   E.   Transition yards: Where a side or rear lot line in the B-3 district coincides with a side or rear lot line in an adjacent residential district, the respective yard requirements of the residential district shall apply to the side or rear yard requirements of the B-3 district. (Ord. 81-49, 11-9-1981)

11-8D-8: BULK REGULATIONS:

   A.   Maximum structure height: Thirty five feet (35') or three (3) stories, whichever is less.
   B.   Floor area ratio: 0.8. (Ord. 81-49, 11-9-1981)

11-8D-9: SPECIAL PROVISIONS:

   A.   Outdoor Sales: All outdoor sales space shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained as to dispose of all surface water.
   B.   Outdoor Storage: All outdoor storage facilities for accessory uses and products shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right of way.
   C.   Waste Materials: No material or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces. (Ord. 81-49, 11-9-1981; amd. Ord. 90-59, 10-8-1990)

11-8E-1: PURPOSE:

The B-4 automotive service business district is intended to provide certain land and structures for automotive service type use and automotive associated uses such as drive-ins. This district is intended to be located only along major thoroughfares where adequately sized and properly located parcels of land will allow for adequate setbacks, clear vision, and safe ingress and egress. Frontage roads should be provided where possible. (Ord. 81-49, 11-9-1981)

11-8E-2: PERMITTED USES:

Personal service establishments which perform services on the premises:
Drive-in cleaners.
Drive-in theater.
Undertaking establishment and funeral parlor.
Retail businesses which supply commodities on the premises:
Boat dealer.
Bottled gas dealer.
Camper sale.
Mobile home dealer.
Motor vehicle dealer.
Motorcycle sales.
Recreation vehicle sale or rental.
Restaurant, drive-in.
Snowmobile sales and service.
Tire, battery, and accessory dealer.
Trailer sale or rental.
Used car lot. (Ord. 81-49, 11-9-1981)

11-8E-3: ACCESSORY USES:

Accessory uses shall be provided in accordance with the provisions of section 11-5-9 of this title. (Ord. 81-49, 11-9-1981)

11-8E-4: SPECIAL USES:

Ambulance service.
Amusement establishment, dance hall, skating rink.
Auction room.
Automobile accessory store.
Automobile car wash.
Automobile repair garage.
Automobile service station.
Contractor and construction office.
Essential services: gas regulator station, telephone exchange, electric substation, pumping station, sewage disposal plant, well site.
Library and branch library.
Motel.
Off street parking facility.
Open sales lot.
Planned unit development.
Police-fire station.
Post office and post office substation.
Public service or municipal garage.
Public utility establishment.
Radio and television broadcasting studio.
Reservoir.
Storage yard for material or equipment sales.
Transit and transportation facility.
Similar and compatible uses to those listed as permitted or special uses. (Ord. 81-49, 11-9-1981)

11-8E-5: TEMPORARY USES:

Temporary building for construction purposes, for a period not to exceed the duration of such construction. (Ord. 81-49, 11-9-1981)

11-8E-6: LOT SIZE:

With the exception of planned developments, a separate ground area, herein called the "zoning lot", shall be designated, provided and continuously maintained for each structure containing a permitted use or a special use.
   A.   Minimum lot area: Forty thousand (40,000) square feet.
   B.   Minimum lot width: One hundred twenty five feet (125'). (Ord. 81-49, 11-9-1981)

11-8E-7: YARDS:

   A.   Minimum Front Yard:
      1.   All structures shall maintain a setback of not less than fifty feet (50') from the front lot line, with the exception of Lake Street, Gary Avenue, Bloomingdale Road, Schick Road and Army Trail Road. On Lake Street, Gary Avenue, Bloomingdale Road, Schick Road, and Army Trail Road, all structures shall maintain a minimum setback of seventy five feet (75') from the front lot line.
      2.   The first thirty feet (30') of all front yards shall be devoted to landscape materials such as sod, trees, a means of ingress and egress, signs, and obstructions as permitted by other provisions of this title.
   B.   Minimum Corner Side Yard: Fifty feet (50').
   C.   Minimum Interior Side Yard: Thirty feet (30') (with 1 side at least 12 feet).
   D.   Minimum Rear Yard: Forty feet (40').
   E.   Transition Yards: Where a side or rear lot line in the B-4 district coincides with a side or rear lot line in an adjacent residential district, the respective yard requirements of the residential district shall apply to the side or rear yard requirements of the B-4 district. (Ord. 81-49, 11-9-1981)

11-8E-8: BULK REGULATIONS:

   A.   Maximum structure height: Thirty five feet (35') or three (3) stories, whichever is less.
   B.   Floor area ratio: 0.8. (Ord. 81-49, 11-9-1981)

11-8E-9: SPECIAL PROVISIONS:

   A.   Outdoor Sales: All outdoor sales space shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained as to dispose of all surface water.
   B.   Outdoor Storage: All outdoor storage facilities for accessory uses and products shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public rights of way.
   C.   Waste Materials: No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces. (Ord. 81-49, 11-9-1981; amd. Ord. 90-59, 10-8-1990)

11-8F-1: PURPOSE:

The O-D office district is intended to provide office space for uses which do not require any form of research or industrial operations on the premises. The uses permitted are characterized by a low volume of traffic and limited outdoor advertising so as to protect any surrounding residential uses. This district may be used as a buffer between residential and commercial areas. (Ord. 77-21, 4-11-1977)

11-8F-2: PERMITTED USES:

Accounting, auditing and bookkeeping services.
Artists and industrial designers.
Attorney and law offices.
Better business bureau.
Business and management consultants.
Business office in which goods, wares or merchandise are displayed or sold on the premises.
Chamber of commerce.
Charitable organizations.
Chiropodist offices.
Chiropractor offices.
Civic associations.
Clubs, private (nonprofit) lodges and fraternal organizations.
Credit agencies.
Dentist offices.
Detective agencies.
Doctor, surgeon and/or physician offices.
Employment agencies.
Engineering and architectural services.
Financial institutions.
Insurance agencies.
Investment companies.
Labor unions and organizations.
Laboratories, medical and dental.
Land surveyors.
Landscape architectural services.
Loan companies.
Medical and dental clinics.
Merchant associations.
News syndicates.
Newspaper offices.
Offices, business and professional.
Optician offices.
Osteopath offices.
Political organizations.
Private clinics.
Professional consultants.
Professional membership associations.
Real estate boards.
Real estate offices.
Religious reading rooms.
Scientific research agencies.
Secretarial service.
Security and commodity brokers.
Ticket agencies (amusement).
Trade associations.
Travel bureaus and transportation ticket offices. (Ord. 77-21, 4-11-1977; amd. Ord. 2008-14, 3-24-2008)

11-8F-3: ACCESSORY USES:

Accessory uses shall be provided in accordance with the regulations contained in section 11-5-9 of this title. (Ord. 77-21, 4-11-1977)

11-8F-4: SPECIAL USES:

Special uses, as hereinafter listed, may be allowed subject to the provisions of sections 11-3-4 and 11-5-10 of this title. Unless otherwise specifically set forth, wherever a special use is named as a major category, it shall be deemed to include all and only those itemized uses listed under the said major category. The following special uses are permitted:
Churches, chapels, temples, synagogues.
Drive-through uses accessory to permitted and special uses.
Health, medical and care institutions:
Convalescent centers, nursing homes, geriatric centers and rest homes.
Nursery schools, children's day school, day nurseries, childcare centers, and daycare centers, provided at least one hundred fifty (150) square feet of outdoor play area is provided for each child that is cared for.
Public, quasi-public and governmental building and facilities:
Essential services: gas regulator stations, telephone exchanges, electric substations.
Historical buildings and landmarks.
Public libraries.
Telephone booths.
Public utility and service uses:
Convention halls and centers.
Fire stations.
Planned unit developments.
Police stations.
Railroad right of way, but not including railroad yards and shops other than for passenger purposes.
Telephone transmission equipment buildings and microwave relay towers.
Waterworks, reservoirs, pumping stations and filtration plants.
Recreational and social facilities:
Community center buildings, clubhouses, recreation buildings, swim clubs, swimming pools and indoor pools, tennis clubs, tennis courts, and buildings for indoor tennis.
Parks.
Residential uses:
Hotel/apartment hotel.
Residence of the proprietor of a commercial use.
Similar and compatible use to those allowed as permitted uses in this district. (Ord. 77-21, 4-11-1977; amd. Ord. 2008-14, 3-24-2008; 2012 Code; Ord. 2015-11, 1-26-2015)

11-8F-5: SITE AND STRUCTURE REQUIREMENTS:

   A.   Minimum Lot Area: The minimum lot area of forty thousand (40,000) square feet shall be provided.
   B.   Minimum Lot Width: A minimum lot width of one hundred fifty feet (150') shall be provided for each lot used for a permitted or special use.
   C.   Yards:
      1.   Front Yard: All structures shall be set back from the front lot line at least seventy feet (70'), with parking permitted after thirty feet (30') of landscaped area from the front of the lot line.
      2.   Interior Side Yard (Adjacent To Zoning Lot): All structures shall be set in from the side lot line a distance of not less than fifteen feet (15') or one-half (1/2) the height of the structure, whichever is greater, as defined in this title.
      3.   Corner Side Yard (Adjacent To Street): All structures shall be set in from the side lot line adjacent to the street right of way a distance of not less than seventy feet (70').
      4.   Rear Yard: All structures shall be set back from the rear lot line a distance of not less than twenty feet (20') or one- half (1/2) the height of the structure, whichever is greater, as defined in this title.
   D.   Floor Area Ratio: The maximum floor area ratio shall be 1.0. (Ord. 77-21, 4-11-1977)

11-8F-6: STANDARDS:

All of the property located in the O-D district is subject to the general standards and regulations of this title. To conserve space, these standards and regulations have not been reprinted in the regulations for each district. Property located in the O-D district is also subject to the following additional standards:
   A.   All operations, activities and storage shall be conducted wholly inside a building or buildings.
   B.   No retail sales or services shall be permitted except as incidental or accessory to a permitted use.
   C.   Service and maintenance of vehicles shall be permitted only such as is necessary to the conduct of a permitted use.
   D.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting excessive glare upon adjacent property.
   E.   All premises shall be furnished with all weather, hard surface walks and, except for parking areas, the grounds shall be landscaped.
   F.   If the lot adjoins a lot containing a residential building, screening shall be provided at the lot line sufficient to protect, on a year round basis, the privacy of the adjoining residential uses.
   G.   Site plan and architectural approval shall be required for all uses except public and quasi-public uses. (Ord. 77-21, 4-11-1977; amd. 2012 Code)

11-8F-7: SCREENING AND LANDSCAPING:

   A.   The entire site shall be adequately and attractively landscaped in accord with plans prepared by a professional landscape designer, and shall be subject to approval by the planning and zoning commission. (Ord. 77-21, 4-11-1977; amd. Ord. 2014-48, 10-27-2014)
   B.   When the proposed office use abuts a street, the initial thirty feet (30') of setback from the right of way shall be landscaped in accordance with a landscape plan. Parking shall not be permitted within the thirty foot (30') front yard landscaped strip. (Ord. 77-21, 4-11-1977)

11-8G-1: GENERAL REQUIREMENTS:

   A.   The R-R hotel-motel resort and recreational district shall be established only for parcels of land in excess of thirty (30) acres and under single ownership or unified control. The requirements of this title shall be applied to the entire parcel under single ownership or unified control without regard to zoning lots, and such a parcel with the classification hotel-motel resort and recreational district is hereinafter referred to as a "tract".
   B.   All activities conducted in a hotel-motel resort and recreational district shall comply with the performance standards for noise, smoke and particulate matter, toxic or noxious matter, odors, fire and explosion hazard, glare or heat and vibration set forth in section 11-9-7 of this title. No certification of adherence to these standards shall be required as a prerequisite to the issuance of a building permit in this district unless a use specified in section 11-9-7 of this title is to be conducted in the building. (Ord. 76-57, 9-13-1976)

11-8G-2: SITE AND STRUCTURE REQUIREMENTS:

   A.   Lot Coverage: Not more than twenty five percent (25%) of the tract, net of all roads and highways, shall be covered by buildings.
   B.   Floor Area Ratio: Floor area ratio is not to exceed 1.0.
   C.   Building Height: Building height is not to exceed one hundred feet (100').
   D.   Yards:
      1.   Front yards shall not be less than sixty feet (60') in depth.
      2.   Side and rear yards shall not be less than thirty five feet (35').
      3.   The minimum distance between the nearest exterior wall of any building and a boundary line of the tract shall be one- half (1/2) the building height or a minimum of thirty five feet (35'), whichever is greater.
      4.   Parking and signs are permitted in required yards. A ten foot (10') greenbelt must be provided along all the property lines.
      5.   If a tract abuts two (2) or more streets, the front yard shall be that adjacent to the more heavily traveled street. (Ord. 76-57, 9-13-1976)

11-8G-3: PERMITTED USES:

Accessory uses are permitted which are clearly and customarily incident to the principal use of a building or premises.
Amusement establishments; bowling alleys, swimming pools, skating rinks, indoor tennis courts, and similar activities.
Assembly rooms, auditoriums, banquet halls and meeting rooms.
Cocktail lounges, with or without live entertainment and dancing.
Hotels and motels with services and retail shops of the type customarily found in hotels including, without limitation, newsstands, gift shops, clothing stores, barbershops, salons, food shops, liquor stores, travel agents, car rental offices, game rooms and flower shops.
Outdoor recreation including, without limitation, golf courses, tennis courts, swimming pools, bicycle paths, ski hills, skating rinks, toboggan slides, playgrounds and ball fields. These facilities may be lighted for use at night; provided, that direct rays of light shall not beam upon any part of an existing residential building or into a street.
Physical culture and health services, gymnasiums, reducing salons and masseurs.
Restaurants, with or without live entertainment and dancing.
Theaters, but not drive-in theaters. (Ord. 76-57, 9-13-1976; amd. 2012 Code)

11-8G-4: SPECIAL USES:

Any permitted or special use in any business district which is not a permitted use hereunder. (Ord. 76-57, 9-13-1976)