(a)

The business districts are provided to support and complement the village comprehensive plan, as amended, and provided to guide the compatible shaping and development of present and future land use needs in the community. Business district requirements are further established to govern location, intensity and method of development of business areas in the village.

(b)

The regulations for each district are designed to provide protection to existing developments while allowing new construction in accordance with current design standards.

(Ord. No. O-11-03-4, § 9.01, 11-24-2003)

(a)

Permitted uses. The following uses are permitted:

(1)

Bakery, but only when the products are sold at retail on the premises.

(2)

Banks.

(3)

Barbershops.

(4)

Beauty parlors.

(5)

Bicycle stores, sales, rental and repair.

(6)

Candy and ice cream stores.

(7)

Clothes cleaning establishments.

(8)

Display room for merchandise to be sold at wholesale.

(9)

Drugstores.

(10)

Dry cleaning and laundry receiving establishments, provided that processing shall be done elsewhere.

(11)

Florist shops.

(12)

Food stores, grocery stores, meat markets, and delicatessens.

(13)

Hardware stores.

(14)

Laundries, automatic self-service type or hand, provided that laundry machines shall not exceed ten pounds capacity each and not more than two persons are employed in addition to one owner and manager.

(15)

Libraries, branch.

(16)

Merchandise sold, stored elsewhere.

(17)

Offices.

(18)

Photographic or artist supplies.

(19)

Retail stores.

(20)

Shoe stores.

(21)

Shoe, luggage (handbags) and hat repair stores.

(22)

Signs, as permitted in chapter 38.

(23)

Temporary buildings for construction purposes, for a period not to exceed two years.

(24)

Variety stores.

(25)

Accessory uses to the above permitted uses. (See sections 60-4, 60-10 and article V of this chapter.)

(26)

Municipal buildings and uses.

(b)

Special uses. The following uses may be allowed by special use permit in accordance with the provisions of article VIII of this chapter:

(1)

Automobile service stations (gas stations).

(2)

Dwelling units when above the first story.

(3)

Planned development.

(4)

Other business uses, when found to be similar and compatible with adjoining property.

(5)

Public utility and/or service uses.

a.

Essential services including fully automated gas regulating stations, telephone exchanges and electric substations.

b.

Railroad passenger stations when not located on railroad property.

c.

Private sewage treatment plants.

d.

Waterworks, reservoirs, pumping stations, filtration plants and wells.

e.

Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings.

f.

Public water filtration plants, pumping stations, reservoirs, and public sewage treatment plants.

g.

Other public or private utility service uses.

(6)

Accessory uses to the permitted uses in subsection (a) of this section in accordance with the provisions of sections 60-4, 60-10 and article V of this chapter.

(7)

Medical marijuana dispensary in accordance with 410 ILCS 130/ et seq.

(c)

Required conditions.

(1)

All business, service, storage, merchandise, display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building, except for off-street automobile parking, off-street loading and open sales lots in districts where they are permitted.

(2)

Goods sold shall consist primarily of new merchandise and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(3)

There shall be no manufacturing, processing or treatment of products other than that, which is clearly incidental and essential to the retail business conducted on the same premises.

(4)

Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

(5)

The height and area regulations set forth herein shall be observed, and in addition every building used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-5 two-family residence district.

(d)

Floor area ratio. The floor area ratio shall not exceed 0.4.

(e)

Yard requirements. Yards shall be provided in accordance with the following regulations:

(1)

Front yard. Not less than 25 feet in depth shall be provided.

(2)

Side yards. No side yard is required except on the side of a cot adjoining a residence district, in which case a side yard of not less than five feet shall be provided in a B-1 local business district. On a corner lot a side yard adjoining a street shall be provided and such yard shall be not less than 25 feet in width.

(3)

Rear yard. There shall be provided a rear yard of not less than five feet in depth from the lot line.

(f)

Off-street parking and loading. Off-street parking and loading facilities shall be provided as required or permitted in article VII of this chapter.

(g)

Building height. The height of any building or structure shall not exceed two stories or 35 feet whichever is lower.

(Ord. No. O-11-03-4, § 9.02, 11-24-2003; Ord. No. O-5-08-4, § 3, 5-27-2008; Ord. No. O-4-12-1, § 3, 4-23-2012; Ord. No. O-7-15-3, § 1, 7-27-2015)

Intent. The B-2 commercial district is intended to accommodate those retail and service commercial activities which are considered roadside commercial uses and which may be incompatible with the predominantly retail uses permitted in other business districts and whose service area is not confined to any one neighborhood.

(1)

Permitted uses. The following uses are permitted:

a.

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

b.

Automobile display and sales rooms.

c.

Antique shops.

d.

Art and school supply stores.

e.

Art galleries, but not including auction rooms.

f.

Bakeries where not more than 70 percent of the floor area is devoted to processing and not more than seven persons are employed.

g.

Banks and financial institutions which do not include drive-in or drive-through facilities.

h.

Book and stationery stores.

i.

When located not less than 25 feet from any residence district.

1.

Bowling alley.

2.

Drive-in restaurant.

3.

Drive-in theater (when approved by the planning and zoning commission).

4.

Other similar places of entertainment or amusement.

j.

Camera and photographic supply stores.

k.

Carpet and rug stores.

l.

China and glassware stores.

m.

Clubs and lodges, private, fraternal or religious.

n.

Coin and philatelic stores.

o.

Currency exchanges.

p.

Custom dressmaking.

q.

Dancing or music academy.

r.

Dry goods stores.

s.

Electrical and household appliance stores; including radio and television sales.

t.

Flower shops and conservatories.

u.

Furniture stores; including upholstery when conducted as part of the retail operation and secondary to the principal use.

v.

Furrier shops, including the incidental storage and conditioning of furs.

w.

Garden supply and seed stores.

x.

Gift shops.

y.

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

z.

Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles when conducted as part of the retail operation and secondary to the principal use.

aa.

Jewelry stores, including watch repair.

ab.

Leather goods and luggage stores.

ac.

Liquor stores, retail sales.

ad.

Loan offices.

ae.

Locksmith shops.

af.

Mail order service stores.

ag.

Medical, dental, or optical clinics; including accessory laboratories.

ah.

Millinery shops.

ai

Musical instruments, sales and repair.

aj.

Newspaper offices, but not including printing.

ak.

Office and office buildings.

al.

Office supply stores.

am.

Opticians and optometrists.

an.

Paint and wallpaper stores.

ao.

Photography studios; including developing and printing of photographs when conducted on the premises as part of the retail business.

ap.

Physical culture and health services, gymnasiums, reducing salons and masseurs.

aq.

Picture framing, when conducted on the premises for retail trade.

ar.

Post offices.

as.

Radio and television broadcasting studios.

at.

Restaurants, when no entertainment or dancing is provided.

au.

Restricted production and repair limited to the following: art, needlework, clothing, custom manufacturing and alterations for retail only of jewelry from precious metals and watches.

av.

Schools; music, dance or business.

aw.

Signs, as permitted in chapter 38.

ax.

Sewing machine sales and service; household machines only.

ay.

Shoe stores.

az.

Sporting goods stores.

ba.

Tailor shops.

bb.

Taverns or cocktail lounges, where live entertainment, dancing by patrons or recorded music, other than entertainment that may be provided at an adult arcade, adult cabaret or adult theater as those terms are defined in section 60-535, as amended, is provided.

bc.

Reserved.

bd.

Travel bureaus and transportation ticket offices.

be.

Telegraph offices.

bf.

Toy shops.

bg.

Wearing apparel shops.

bh.

Accessory uses to the permitted uses in this subsection (1). (See sections 60-4, 60-10 and article V of this chapter.)

bi.

Automobile accessory stores.

(2)

Special uses. The following uses may be allowed by special use permit in accordance with the provisions of article VIII of this chapter:

a.

Any special uses allowed in a B-1 local business district.

b.

Reserved.

c.

Automobile (car) rental agency.

d.

Automobile minor repair (see definition, section 60-4). If conducted within a completely enclosed building and subject to any other codes and ordinances.

e.

Automobile service stations, repair facilities, and carwashes.

f.

Banks and financial institutions, which include drive-in or drive-through facilities.

g.

Child care center.

h.

Churches, chapels, temples and synagogues including other accessory uses required for operation.

i.

Dwelling units when above the first story.

j.

When not employing more than ten persons on the premises.

1.

Dyeing and cleaning establishment or laundry.

2.

Painting, plumbing or tinsmithing shop.

3.

Printing shop.

4.

Tire sales and service.

5.

Upholstering shop, not involving furniture manufacturing.

6.

Any other general service or repair establishment of similar character.

k.

Schools, commercial or trade, including those teaching music, dance, business, commercial or technical subjects, when not thereby involving increased danger of fire and explosion, nor of noise, vibration, smoke, dust, odor, glare, heat and other objectionable influences.

l.

Health centers.

m.

Hotels and motels.

n.

Libraries, public.

o.

Museums, public.

p.

Offices and other business uses when found to be similar and compatible with adjoining property.

q.

Parking lots and storage garages, for motor vehicles under 1½ ton load capacity.

r.

Planned development.

s.

Public utility and/or service uses.

1.

Essential services including fully automated gas regulating stations, telephone exchanges and electric substations.

2.

Railroad passenger stations when not located on railroad property.

3.

Private sewage treatment plants.

4.

Waterworks, reservoirs, pumping stations, filtration plants and wells.

5.

Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings.

6.

Public water filtration plants, pumping stations, reservoirs, and public sewage treatment plans.

7.

Other public or private utility service uses.

t.

Radio and television towers.

u.

Public recreational buildings and community center.

v.

Skating rink.

w.

Used car sales or storage lot when located at least 25 feet from any residence district.

x.

Veterinarian or animal hospital or riding academy provided that no such building, kennel, or exercise runway shall be closer than 50 feet to any residence district.

y.

Accessory uses to the special uses in subsections (2)a through (2)x of this section. (See sections 60-4, 60-10 and article V of this chapter.)

z.

Automobile major repair (see definitions, section 60-4) if conducted within a completely enclosed building and subject to any other codes and ordinances.

aa.

Medical marijuana dispensary in accordance with 410 ILCS 130/ et seq.

ab.

Tattoo parlors.

ac.

Self-storage facility.

ad.

Secondhand store.

ae.

Tobacco shops.

(3)

Required conditions.

a.

There shall be no manufacture, processing or treatment of products other than those which are clearly indicated and essential to the retail business conducted on the same premises.

b.

Such uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise or vibrations or other similar causes.

c.

Dwelling units are not permitted below the second story except if a building or portion thereof used for dwelling purposes exists at the adoption of the ordinance from which this chapter is derived.

(4)

Floor area ratio. The floor area ratio shall not exceed 0.7.

(5)

Yard requirements. Yards shall be provided in accordance with the following regulations:

a.

Front yard. Not less than 50 feet in depth shall be provided.

b.

Side yards. No side yard is required except on the side of a lot adjoining a residence district, in which case a side yard of not less than five feet shall be provided in B-2 commercial district. On a corner lot a side yard adjoining a street shall be provided and such yard shall be not less than 50 feet in width.

c.

Rear yard. There shall be provided a rear yard of not less than five feet in depth from the lot line.

d.

Yard setbacks. Each front, side and rear setback or required yard shall be increased to one foot for each additional one foot of building height over 45 feet.

(6)

Off-street parking and loading. Off-street parking and loading facilities shall be provided as required or permitted in article VII of this chapter.

(7)

Building height. The height of any building or structure shall not exceed three stories or 45 feet whichever is lower.

(Ord. No. O-11-03-4, § 9.03, 11-24-2003; Ord. No. O-6-10-3, § 2, 6-14-2010; Ord. No. O-8-10-3, § 2, 8-23-2010; Ord. No. O-2-12-1, § 2, 2-13-2012; Ord. No. O-8-11-4, § 2, 8-22-2011; Ord. No. O-7-15-3, § 1, 7-27-2015; Ord. No. O-7-21-4, § 2, 7-12-2021; Ord. No. O-12-21-6, § 2, 12-13-2021; Ord. No. O-10-22-1, § 2, 10-10-2022; Ord. No. O-6-23-2, § 4, 6-12-2023)

Intent. The B-3 village center shopping district is intended to accommodate the needs of a much larger consumer population than is served by the zoned business or commercial districts. A wider range of uses and building sizes are permitted for both daily and occasional shopping. These facilities shall be in the form of a shopping center. This zoning district is in compliance with the village center concept as presented in the official comprehensive plan, adopted September 9, 1975, and subsequently amended.

(1)

Permitted uses. No building, structure or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended or designed for other than a shopping center which may include any of the following uses:

a.

Any permitted use in the B-2 commercial district, except billboards, dwelling units, automobile service stations, greenhouses, trailer displays, drive-in theaters, farm implement display and sales rooms, frozen food locker, milk distribution stations, tourist homes, riding academies, outside exercise runways, used car storage lots, greenhouses and vulcanizing.

b.

Animal hospitals (no outside runways).

c.

Antique shops.

d.

Art shops or galleries, but not including auction rooms.

e.

Banks and financial institutions.

f.

Bicycle sales, rental and repair stores.

g.

Blueprinting and photostating establishments.

h.

Book and stationery stores.

i.

Business machine stores, sales and service.

j.

Camera and photographic supply stores.

k.

Carpet and rug stores, retail sales only.

l.

Catering establishments.

m.

China and glassware stores.

n.

Clinics, medical and dental.

o.

Clothing and costume rental stores.

p.

Coin and philatelic stores.

q.

Custom dressmaking establishments.

r.

Dairy product establishments, but not including processing or bottling.

s.

Department stores and discount stores.

t.

Drinking establishments.

u.

Dry goods stores.

v.

Electrical appliance stores, including radio and television sales and repair.

w.

Employment agencies.

x.

Flower shops.

y.

Frozen food stores, including locker rental in conjunction therewith.

z.

Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

aa.

Furrier shops, including the incidental storage and conditioning of furs.

ab.

Garden supply, tool and seed stores.

ac.

General retail.

ad.

Gift shops.

ae.

Hearing aid stores.

af.

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

ag.

Household appliance stores.

ah.

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles, when conducted as a part of the retail operations and secondary to the principal use.

ai.

Jewelry stores, including watch repair.

aj.

Leather goods and luggage stores.

ak.

Locksmith shops.

al.

Mail order and catalog stores.

am.

Medical, dental or optical clinics including accessory laboratories.

an.

Millinery shops.

ao.

Musical instrument sales and repair.

ap.

Offices.

aq.

Office machine sales and servicing and supply stores.

ar.

Optician, sales, retail.

as.

Orthopedic and medical appliance stores.

at.

Paint, glass and wallpaper stores.

au.

Pet shops.

av.

Phonograph record and sheet music stores.

aw.

Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.

ax.

Picture framing, when conducted for retail trade on the premises only.

ay.

Post office.

az.

Schools, music and dance.

ba.

Sewing machine sales and service.

bb.

Shoe stores.

bc.

Sporting goods stores.

bd.

Taverns or cocktail lounges, where dancing or entertainment, other than music, is not provided.

be.

Tailor shops.

bf.

Theaters, indoor.

bg.

Ticket agencies.

bh.

Reserved.

bi.

Toy shops.

bj.

Travel bureaus and transportation ticket offices.

bk.

Repair, rental, servicing of any articles the sale of which is a permitted use in the district.

bl.

Undertaking establishments as funeral parlors.

bm.

Wearing apparel shops.

bn.

Hotels and motels.

bo.

Signs, as permitted in chapter 38.

bp.

Accessory uses to the permitted uses in subsection (1) of this section. (See sections 60-4, 60-10 and article V of this chapter).

bq.

Other uses which are of the same general character as the permitted uses in subsection (1)a through (1)bp of this section, as recommended by the planning and zoning commission and approved by the village board of trustees.

br.

Hotels and motels.

bs.

Secondhand stores.

(2)

Special uses. The following special uses may be allowed by special use permit in accordance with the procedures in article VIII of this chapter.

a.

Amusement establishment's including, but not limited to, bowling alleys, and skating rinks.

b.

Automobile service stations, repair facilities and carwashes.

c.

Day care centers and nursery schools.

d.

Garages for storage, repair and servicing of motor vehicles.

e.

Health centers.

f.

Motor vehicle sales within an enclosed building.

g.

Reserved.

h.

Planned developments.

i.

Public and private utility facilities.

j.

Public utility and/or service uses.

1.

Essential services including fully automated gas regulating stations, telephone exchanges and electric substations.

2.

Railroad passenger stations when not located on railroad property.

3.

Private sewage treatment plants.

4.

Waterworks, reservoirs, pumping stations, filtration plants and wells.

5.

Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings.

6.

Public water filtration plants, pumping stations, reservoirs, and public sewage treatment plants.

7.

Other public or private utility service uses.

8.

Radio and television stations and studios.

k.

Adult-use cannabis craft grower, subject to all requirements and provisions of article X of this chapter.

l.

Adult-use cannabis cultivation center, subject to all requirements and provisions of article X of this chapter.

m.

Adult-use cannabis dispensing organization, subject to all requirements and provisions of article X of this chapter.

n.

Adult-use cannabis infuser organization or infuser, subject to all requirements and provisions of article X of this chapter.

o.

Adult-use cannabis processing organization or processor, subject to all requirements and provisions of article X of this chapter.

p.

Adult-use cannabis transporting organization or transporter, subject to all requirements and provisions of article X of this chapter.

q.

Medical marijuana dispensary in accordance with 410 ILCS 130/1 et seq.

r.

Blood and plasma collection facilities.

s.

Tobacco shops.

(3)

Required conditions. The following conditions shall be required:

a.

Each B-3 village center shopping district shall be developed as a shopping center containing more than one business establishment. Each village center shopping district may be platted such that there may be one or more business establishments per subdivided lot.

b.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

c.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings. The normal services and sales offered at automobile service stations and eating and drinking establishments are excluded from this provision. The village board may waive this provision by designating certain days on which business establishments may conduct their business outside the building.

d.

All outside storage areas of goods, materials, products and trash containers shall be enclosed with fences or solid landscaping. Lighting of the facilities shall be directed away from surrounding properties.

e.

The minimum regulations in this district may be superseded by conditions included in any annexation agreement ordinances regarding shopping centers.

(4)

Off-street parking and loading. Off-street parking and loading facilities shall be provided as required or permitted in article VII of this chapter.

(5)

Lot size requirements.

a.

Minimum gross area. Shopping centers shall have a gross area of not less than ten acres. Shopping centers may be platted such that individual lots are less than ten acres. No minimum lot area shall be required.

b.

Minimum lot width. Minimum lot width not required.

(6)

Yard requirements. The yard requirements set forth herein shall apply to the gross area perimeter of a shopping center and shall not apply to lot limits and roads platted within the shopping center area. In no case shall a building be located within 25 feet of a public road right-of-way or within the ten feet of a private drive. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such buildings, structures or enlargements:

a.

Front yard. A front yard of not less than 50 feet.

b.

Side yards. A side yard of not less than 25 feet, except a corner side yard shall be not less than 50 feet.

c.

Rear yard. A rear yard of not less than 25 feet.

d.

Additional yard requirements.

1.

Where a side and/or rear lot line of the B-3 village center shopping district gross area perimeter coincides with a side and/or rear lot line in an adjacent residence district or is across an existing or proposed right-of-way from property located in a residence district the side and/or rear yard shall be not less than 50 feet

2.

Screening by fences or landscaping shall be provided within such yard. (See section 60-23.)

(7)

Building height. No building shall exceed three stories or 45 feet whichever is lower, except hotels and/or motels in the B-3 village center shopping district shall not exceed six stories or 85 feet in height, whichever is lower.

(8)

Floor area ratio. Floor area ratio shall not exceed 0.3. Any annexation agreement for shopping center development shall govern during the time period the agreement is in effect.

(9)

Maximum lot coverage. No more than 30 percent of the lot area may be occupied by buildings and structures including accessory buildings and patios. The balance of the remaining portion of the zoning lot shall be used for parking or suitably landscaped.

(Ord. No. O-11-03-4, § 9.04, 11-24-2003; Ord. No. O-5-08-4, § 4, 5-27-2008; Ord. No. O-8-10-3, § 3, 8-23-2010; Ord. No. O-11-19-4, § 4, 11-12-2019; Ord. No. O-9-21-4, § 2, 9-13-2021; Ord. No. O-12-21-8, § 2, 12-13-2021; Ord. No. O-7-22-6, § 3, 7-11-2022; Ord. No. O-6-23-2, § 5, 6-12-2023)