A.

Intent and Purpose. Commercial districts are adopted to protect the character and maintain the stability of the commercial areas of the village. The C-1 district is established principally for the neighborhood commercial areas to serve the adjacent residential neighborhoods.

B.

Permitted Uses. The following uses are permitted within the C-1 district:

1.

Antique shop;

2.

Arts and crafts school;

3.

Art supply stores;

4.

Bank or financial institution, not including drive-through or drive-up service;

5.

Bicycle sales and repair shops;

6.

Currency exchanges;

7.

Dressmaking;

8.

Dry cleaning and laundry receiving station, no processing on site;

9.

Personal service uses such as: barber shop or salon;

10.

Pharmacies;

11.

Photographic and art studio;

12.

Professional offices, including medical and dental offices and clinics;

13.

Restaurants, including carry-out establishments, fast food, quick-serve, fast-casual, full-service, sit-down, cafeterias, delis, coffee shops and uses of a similar nature, all not including drive-through or drive-in service;

14.

Laundromat, self service;

15.

Repair of household appliances;

16.

Retail business uses not otherwise regulated by this Code including, but not limited to, books, newspapers, stationery, bicycles, baked goods, dairy products, gifts, groceries, flowers and other uses of a similar nature;

17.

Retail printing/photocopying shop;

18.

Shoe repairing;

19.

Tailoring; and

20.

Other uses similar to the above uses, as determined appropriate by the zoning administrator, if not listed in any other zoning district.

C.

Special Uses. The following uses are special uses within the C-1 district:

1.

Churches, subject to all applicable supplemental review standards as provided in Section 16.16.040;

2.

Nursery, pre-kindergarten, play, day care, special and other private school;

3.

Public building or facilities erected by any governmental agency; and

D.

Accessory Uses. Accessory uses are permitted within the C-1 district in accordance with the standards in Section 16.18.020, unless listed as a permitted use or special use in any zoning district.

E.

Lot Size Requirements. The following minimum lot size requirements shall be provided for all lots created within the C-1 district:

1.

Minimum Lot Area: Twelve thousand (12,000) square feet.

2.

Minimum Lot Width: 80 feet.

F.

Setback Requirements. The following minimum yards shall be provided within the C-1 district:

1.

Front Yard:20 feet.

2.

Side Yard:

a.

Zero feet if adjacent to non-residentially zoned property.

b.

Ten (10) feet if adjacent to residentially zoned property.

3.

Rear Yard:

a.

Twenty (20) feet if adjacent to non-residentially zoned property.

b.

Twenty-five (25) feet if adjacent to residentially zoned property.

G.

Pavement Setback Requirement. Individual lots within the C-1 district shall be developed according to the regulations found in Chapter 16.32, Off-Street Parking and Loading Regulations and Chapter 16.34, Development Standards of the Zoning Code.

H.

Maximum Building Height. All buildings and other structures erected within the C-1 district shall not exceed forty (40) feet in height and shall not exceed three stories.

I.

Additional Provisions:

1.

Within the C-1 district an opaque screen shall be installed along all lot lines bordering a residential district;

2.

There shall be not more than five thousand (5,000) square feet of gross floor area per establishment.

(Ord. No. 09-57, § 3, 11-3-2009; Ord. No. 25-09, § 2, 3-4-2025)

A.

Intent and Purpose. Commercial districts are adopted to protect the character and maintain the stability of the commercial areas of the village. The C-2 district is established principally for the more widely used commercial areas along major streets and highways.

B.

Permitted Uses. The following uses are permitted within the C-2 district:

1.

Any permitted uses of the C-1 zoning district;

2.

Amusement center or amusement arcade;

3.

Art galleries;

4.

Automobile parts and supply stores, without on-site repair or installation;

5.

Bank or financial institution;

6.

Bakery;

7.

Bowling alley or billiard parlor;

8.

Consignment arts and crafts sales;

9.

Dancing or music academy;

10.

Dry cleaning and commercial laundry, including processing on site;

11.

Frozen food locker, accessory to a permitted principal use;

12.

Furniture repair establishment, including dyeing, cleaning, printing, painting, tinsmithing, and upholstering of furniture, and other general service or repair establishment of similar character, provided that there shall be no open, unenclosed or outdoor storage of materials or equipment;

13.

Health and fitness facility;

14.

Hotel or motel;

15.

Outdoor display, as defined in Section 16.04.020, as an accessory use to a permitted or special use, subject to all applicable supplemental standards as provided in Section 16.16.040;

16.

Pawnshop;

17.

Professional offices, including medical and dental offices and clinics;

18.

Radio or television broadcasting station or studio, not including antenna structures and towers for reception or transmission;

19.

Restaurants, including carry-out establishments, fast food, quick-serve, fast-casual, full-service, sit-down, cafeterias, delis, coffee shops and uses of a similar nature, all not including drive-through or drive-in service;

20.

Rental agency, when conducted entirely within a fully enclosed structure;

21.

Retail sale of merchandise not otherwise regulated by this code;

22.

Shopping center administration and maintenance facility, as defined in Section 16.04.020, within a completely enclosed building and without any outdoor storage or operations;

23.

Tattoo and body piercing establishments;

24.

Taverns;

25.

Vending machine servicing business;

26.

Veterinarian clinic or animal hospital;

27.

Adult-use cannabis dispensing organization, subject to all applicable supplemental standards as provided in Section 16.16.040; and

28.

Commercial storage facility, subject to all applicable supplemental review standards for a commercial storage facility in the C-2 district as provided in Section 16.16.040.

C.

Special Uses. The following uses are special uses within the C-2 district:

1.

Any special use of the C-1 zoning district;

2.

Ambulance services;

3.

Auditoriums, subject to all applicable supplemental review standards as provided in Section 16.16.040.F;

4.

Automobile dealer, new or used cars, trailer, RVs or boat sales;

5.

Automobile fuel/filling station, with or without an accessory convenience store;

6.

Automobile service and repair, and limited cosmetic body repairs, including painting and replacement of body panels, subject to all applicable supplemental review standards for automobile service and repair as provided in Section 16.16.040.I;

7.

Automobile rental and leasing establishment;

8.

Banquet halls, subject to all applicable supplemental review standards as provided in Section 16.16.040;

9.

Business, commercial or professional school;

10.

Car wash, accessory to an automobile fuel/filling station subject to all applicable supplemental drive-through review standards as provided in Section 16.16.040;

11.

Reserved;

12.

Drive-through establishments, accessory to any principal use, subject to all applicable supplemental drive-through review standards as provided in Section 16.16.040;

13.

Funeral home or mortuary;

14.

Hospitals;

15.

Lumberyard and building materials;

16.

Membership and fraternal organizations, subject to all applicable supplemental review standards as provided in Section 16.16.040.F;

17.

Outdoor dining areas, as an accessory use to a principal use serving alcoholic liquor for consumption on the premises, subject to all applicable supplemental review standards as provided in Section 16.16.040;

18.

Outdoor storage as an accessory to a permitted or special use;

19.

Shopping center administration and maintenance facility, as defined in Section 16.04.020, that includes outdoor storage or operations, subject to all applicable supplemental review standards as provided in Section 16.16.040.G; and,

20.

Theaters, not including adult entertainment establishments, subject to all applicable supplemental review standards as provided in Section 16.16.040.F.

21.

Indoor sports and recreation facilities, not including fixed spectator seating areas, subject to all applicable supplemental review standards for indoor sports and recreation facilities as provided in Section 16.16.040.

D.

Accessory Uses. Accessory uses are permitted within the C-2 district in accordance with the standards in Section 16.18.020, unless listed as a permitted use or special use in any zoning district.

E.

Lot Size Requirements. The following minimum lot size requirements shall be provided for all lots created within the C-2 district:

1.

Minimum Lot Area: Forty-three thousand five hundred sixty (43,560) square feet.

2.

Minimum Lot Width: 100 feet.

F.

Setback Requirements. The following minimum yards shall be provided within the C-2 district:

1.

Front Yard: 30 feet.

2.

Side Yard:

a.

Zero feet if adjacent to non-residentially zoned property.

b.

Ten (10) feet if adjacent to residentially zoned property.

3.

Rear Yard:20 feet.

G.

Pavement Setback Requirement. Individual lots within the C-2 district shall be developed according to the regulations found in Chapter 16.32, Off-Street Parking and Loading Regulations and Chapter 16.34, Development Standards of the Zoning Code.

H.

Maximum Building Height. All buildings and other structures erected within the C-2 district shall not exceed forty (40) feet in height and shall not exceed three stories.

I.

Supplemental review standards for the granting of a special use permit for indoor sports and recreation facilities:

1.

Indoor sports and recreation facilities in the commercial zoning districts may include indoor fields and courts for the practice and play of non-professional athletic and recreational activities including football, baseball, basketball, hockey, lacrosse, golf, swimming, gymnastics, and other similar activities as determined by the director of community development. Outdoor sports and recreation fields shall be prohibited in the commercial zoning districts.

2.

Indoor sports and recreation facilities may include accessory restaurant or dining areas in order to accommodate patrons who must wait for an available field or court. If such an accessory restaurant or dining area is provided, the restaurant or dining area may include live entertainment for background ambiance.

3.

All indoor sports and recreation facilities shall comply with the off-street parking regulations in Chapter 16.32 of Title 16 of the Carpentersville Municipal Code.

4.

All indoor sports and recreation facilities shall comply with the noise regulations in Chapter 8.16 of Title 8 of the Carpentersville Municipal Code.

(Ord. No. 09-57, § 3, 11-3-2009; Ord. No. 10-44, §§ 2, 3, 11-2-2010; Ord. No. 11-05, § 3, 1-4-2011; Ord. No. 11-32, § 4, 7-5-2011; Ord. No. 12-15, § 3, 4-3-2012; Ord. No. 17-30, § 2, 8-1-2017; Ord. No. 19-35, § 2, 11-19-2019; Ord. No. 21-32, § 2, 10-5-2021; Ord. No. 22-42, §§ 2, 3, 8-2-2022; Ord. No. 25-05, § 2, 1-21-2025; Ord. No. 25-09, § 2, 3-4-2025)

Editor's note— Ord. No. 22-42, § 3, adopted Aug. 2, 2022, set out provisions intended for use as subsection 16.16.020.K. For purposes of classification and alphabetization, and at the editor's discretion, these provisions have been included as subsection 16.16.020.I.

A.

Intent and Purpose. Commercial districts are adopted to protect the character and maintain the stability of the commercial areas of the village. The C-2-A district is established specifically for the commercial areas along Randall Road.

B.

Permitted Uses. The following uses are permitted within the C-2-A district:

1.

Any permissive or special use of the C-1 district;

2.

Automobile dealer, new and used cars, or boat sales subject to site plan review by the village board;

3.

Automobile fuel/filling station, with or without an accessory convenience store and/or an accessory car wash;

4.

Bakery;

5.

Bowling alley or billiard parlor;

6.

Business, commercial or professional school;

7.

Commercial storage facility, subject to all applicable supplemental review standards for a commercial storage facility as an accessory use in the C-2-A district as provided in Section 16.16.040;

8.

Dancing or music academy;

9.

Drive-in food or eating establishment, including but not limited to restaurant;

10.

Dyeing, cleaning, laundry, printing, painting, plumbing, tinsmithing, tire sales and service, upholstering and other general service or repair establishment of similar character, provided that there shall be no open or unenclosed storage of materials or equipment;

11.

Frozen food locker;

12.

Funeral home or mortuary;

13.

Hardware store and/or home center;

14.

Health and fitness facility;

15.

Hotel or motel;

16.

Outdoor display, as defined in Section 16.04.020, as an accessory use to a permitted or special use, subject to all applicable supplemental standards as provided in Section 16.16.040;

17.

Professional offices, including medical and dental offices and clinics;

18.

Radio or television broadcasting station or studio, not including antenna structures and towers for reception or transmission;

19.

Rental business, when conducted entirely within a fully enclosed structure;

20.

Retail sale of merchandise not otherwise regulated by this code;

21.

Taverns; and

22.

Veterinarian clinic or animal hospital.

23.

Adult-use cannabis dispensing organization, subject to all applicable supplemental standards as provided in Section 16.16.040.

C.

Special Uses. The following uses are special uses within the C-2-A district:

1.

Car wash, as a principal use, subject to all applicable supplemental drive-through review standards as provided in Section 16.16.040;

2.

Lumberyard and building materials;

3.

Outdoor dining areas, as an accessory use to a principal use serving alcoholic liquor for consumption on the premises, subject to all applicable supplemental review standards as provided in Section 16.16.040;

4.

Theaters, not including adult entertainment establishments, subject to all applicable supplemental review standards as provided in Section 16.16.040.F; and

5.

Used car automobile dealer (where such used car sales are not an accessory use of a new car automobile dealer), trailer or boat sales or storage lot.

D.

Accessory Uses. Accessory uses are permitted within the C-2-A district in accordance with the standards in Section 16.18.020, unless listed as a permitted use or special use in any zoning district.

E.

Lot Size Requirements. The following minimum lot size requirements shall be provided for all lots created within the C-2-A district:

1.

Minimum Lot Area: Forty-three thousand five hundred sixty (43,560) square feet.

2.

Minimum Lot Width: 100 feet.

F.

Setback Requirements. The following minimum yards shall be provided within the C-2-A district:

1.

Front Yard: 30 feet.

2.

Side Yard:

a.

Zero feet if adjacent to non-residentially zoned property.

b.

Ten (10) feet if adjacent to residentially zoned property.

3.

Rear Yard:20 feet

G.

Pavement Setback Requirement. Individual lots within the C-2-A district shall be developed according to the regulations found in Chapter 16.32, Off-Street Parking and Loading Regulations and Chapter 16.34, Development Standards of the Zoning Code.

H.

Maximum Building Height. All buildings and other structures erected within the C-2-A district shall not exceed forty (40) feet in height and shall not exceed three stories.

(Ord. No. 09-57, § 3, 11-3-2009; Ord. No. 11-32, § 5, 7-5-2011; Ord. No. 19-35, § 3, 11-19-2019; Ord. No. 25-09, § 2, 3-4-2025)

A-1.

Supplemental review standards for a commercial storage facility as an accessory use in the C-2-A district:

1.

The storage facility use shall be an accessory use to and a component of a permitted use (principle use) as otherwise allowed under the C-2-A district;

2.

The floor area dedicated to the storage facility use shall occupy no more than fifty percent (50%) of the total gross floor area of the building containing the principal use.

3.

The storage facility use shall be conducted entirely within a fully enclosed building, which building shall be occupied by the principal use.

4.

The floor area of each separate storage area (unit) within the storage facility component of the building shall be no greater than four hundred (400) square feet.

5.

The storage facility component shall not have ingress or egress at the same elevation or facade of the building as the principal use.

6.

The storage facility component shall occupy only the lower level, or portion thereof, of the building containing the principal use.

7.

The storage facility component shall be required to have automatic fire suppression (sprinkler) system(s) and smoke detection system(s) installed in each and every separate storage area (unit) and designed in accordance with the codes and standards of the NFPA 13 (National Fire Protection Association, Inc.), 1999 Edition, or the edition currently adopted by the village.

8.

The storage facility use shall not allow for the storage of any "hazardous materials" listed in Title 8 and Title 15 of the Carpentersville Municipal Code.

9.

An opaque screen shall be installed and maintained along the perimeter of that portion of the property upon which the storage facility use is conducted. To the extent practicable, the screening shall be designed and installed so as to minimize the visibility of all loading spaces and elevations or facades of the building, which contain means of ingress and egress to such use, from any and all adjoining or surrounding property, land or public rights-of-way. Unless otherwise agreed by the village, screening shall have a total height of not less than six feet nor more than eight feet, with the exception that plant materials, when used as natural screening as provided in subsection (A-1)(10)(c) below, may have a total height in excess of eight feet. Where there is a difference in elevation of the grade between opposite sides of the screen within an area located a distance of one hundred (100) feet from each side of the screen, which distance shall be measured horizontally along a line perpendicular to such screen, the height shall be measured from the highest elevation. All screening shall consist of one or more of the following types or architectural or landscape features:

a.

Walls. A wall shall consist of stone, brick, tile or similar type of masonry units or material with a minimal width of four inches.

b.

Berms. A berm shall either be banked on one or both side(s). If banked on one side, the banked side shall be toward the lot line, with a retaining wall. A berm shall be not less than twenty (20) feet in width at the base when banked on both sides, nor less than ten (10) feet in width at the base when banked on one side, and shall be sloped for ease of maintenance. Such berm shall be constructed of earthen materials and shall be landscaped.

c.

Planting. Plant materials, when used as a screen, shall consist of a mixture of evergreen and deciduous trees and shrubs in combination with vines, ground cover or other natural materials. Plant materials shall be of a kind and used in such a manner so as to provide natural screening having a minimal width of three feet within eighteen (18) months after initial installation. Plant materials which provide natural screening shall not be limited to a maximal height. Required landscaping shall be maintained in a neat, clean and healthy condition which shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plants. The building inspector or designee shall require that either subsection (A-1)(10)(a) or (b) above shall be installed if, after eighteen (18) months following initial installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

A-2.

Supplemental review standards for a commercial storage facility in the C-2 district:

1.

The commercial storage facility use shall be established as part of, and concurrent with, a multiple-lot subdivision of land, each parcel of which is a minimum of 1.25 acres in size.

2.

The commercial storage facility use shall be conducted entirely within one fully enclosed building.

3.

The floor area of each separate storage area (unit) within the commercial storage facility shall be no greater than four hundred (400) square feet.

4.

The commercial storage facility shall occupy one hundred percent (100%) of a sixty-five thousand (65,000) square foot or greater size commercial building that has been vacant for greater than nine years.

5.

The storage facility component shall be required to have automatic fire suppression (sprinkler) system(s) and smoke detection system(s) installed that provide necessary and appropriate fire suppression to the satisfaction of the fire department and designed in accordance with the codes and standards of the NFPA 13 (National Fire Protection Association, Inc.), 1999 Edition, or the edition currently adopted by the village.

6.

The commercial storage facility use shall not allow for the storage of any "hazardous materials" listed in Title 8 and Title 15 of the Carpentersville Municipal Code.

B.

Supplemental drive-through review standards for the granting of a special use permit:

1.

A minimum of five stacking spaces are required per drive-through lane;

2.

A minimum of ten stacking spaces are required per food or drink based drive-through establishments;

3.

A minimum of 15 stacking spaces are required for a car wash with a tunnel wash capacity of six to ten vehicles;

4.

A minimum of 20 stacking spaces are required for a car wash with a tunnel wash capacity of one to five vehicles;

5.

A stacking space shall meet the minimum requirements of nine feet in width and 18 feet in length;

6.

The number of drive-through lanes is limited to a maximum of three. A drive-through lane that is used for any type of automated teller machine (ATM) or similar electronic machinery is included in the maximum number of drive-through lanes;

7.

Any structure (e.g., building, parking lot) expansion, modification, or rehabilitation of an associated drive-through facility shall require special use permit approval;

8.

No stacking spaces shall serve as any part of required loading spaces;

9.

No stacking spaces shall be counted as required parking spaces and all stacking spaces shall be in addition to the minimum parking space requirements;

10.

All required stacking spaces shall be located on the same lot of record as the primary establishment served;

11.

The following items must be submitted along with an application for a special use permit for a drive-through:

a.

A traffic/parking study, if determined to be necessary by the village engineer;

b.

An illustrative site plan as an exhibit to the traffic/parking study showing all vehicular movements and circulations; the number and location of the drive-through facilities; the locations of the stacking spaces;

c.

Elevations, of illustrative detail, of all structures and buildings associated with principal and accessory uses and drive-through establishments.

C.

Supplemental banquet hall standards for the granting of a special use permit:

1.

The exclusive activity of the banquet hall shall be the on-premise catering of private parties where full service meals such as multiple course meals, hors d'oeuvres, or buffet meals are served at a prearranged fixed unit price.

2.

Each private party must be prearranged under the sponsorship of a particular person or organization.

3.

Alcoholic liquor may only be served or sold incidental to the required full service meals.

4.

No banquet property shall be located within 100 feet of any property within the R-1, R-2, R-2-A or R-3 zoning district, inclusive of rights-of-way.

5.

No banquet facility shall have a cocktail lounge, bar or similar area devoted primarily to the service and consumption of alcoholic liquor.

6.

No admission charge shall be levied to guests at such banquet facility events except for bona fide political fundraising events or bona fide charitable events sponsored by not-for-profit corporations or associations registered with the state.

7.

All banquet hall facilities shall comply with the noise regulations in Chapter 8.16 of Title 8 of the Carpentersville Municipal Code.

8.

Parking requirements for banquet hall facilities shall be one parking space for each 100 square feet of gross floor area for parking requirements, as defined in this title.

D.

Supplemental outdoor dining area standards for the granting of a special use permit:

1.

All outdoor dining areas shall comply with the standards in Section 16.18.020.C.4 of this title.

2.

Outdoor dining areas accessory to a principal use serving alcoholic liquor shall be enclosed by a minimum three-foot high fence or wall designed to prohibit unauthorized entry. Allowable fences include picket fences, privacy fences, shadow box fences, wrought iron fences, and walls. Walls shall be constructed of masonry that matches the principal building.

3.

Outdoor dining areas accessory to a principal use serving alcoholic liquor shall comply with all liquor licensing requirements in Chapter 5.12 of Title 5 of the Carpentersville Municipal Code.

E.

Supplemental church standards for the granting of a special use permit:

1.

A community church is a facility that occupies a building space of less than seven thousand (7,000) square feet or is located on a property that is less than two acres in size and has the following requirements:

a.

The maximum lot coverage (roofed and paved) for a community church is thirty percent (30%).

b.

The front yard setback is 30 feet, side yard setback is ten feet and rear yard setback is 30 feet for a community church.

c.

The parking requirements for a community church are one parking space per each four seats located in the main auditorium.

2.

A regional church is a facility that occupies a building space of greater than seven thousand (7,000) square feet or is located on a property that is greater than two acres in size and has the following requirements:

a.

The maximum lot coverage (roofed and paved) for a regional church is twenty-five percent (25%).

b.

The front yard setback is 50 feet, side yard setback is20 feet and rear yard setback is 50 feet for a regional church.

c.

The parking requirements for a regional church are one parking space per each three seats located in the main auditorium.

3.

All associated exterior lighting must use cutoff fixtures to eliminate any glare from the illumination source that would aversely affect any neighboring properties. The illumination levels at all property lines shall be zero foot candles.

4.

No other accessory uses can be used in conjunction with the church use, unless specifically permitted by the zoning ordinance of the Village of Carpentersville.

F.

Supplemental review standards for the granting of a special use permit for a public assembly use:

1.

The maximum lot coverage (roofed and paved) for a public assembly use is twenty-five percent (25%).

2.

The front yard setback is 50 feet, side yard setback is20 feet and rear yard setback is 50 feet for a public assembly use.

3.

The parking requirement for an auditorium is one parking space per each four seats in the main auditorium.

4.

All associated exterior lighting must use cutoff fixtures to eliminate any glare from the illumination source that would adversely affect any neighboring properties. The illumination levels at all property lines shall be zero foot candles.

5.

No other accessory uses can be used in conjunction with public assembly use unless specifically permitted by the zoning ordinance of the Village of Carpentersville.

G.

Supplemental review standards for the granting of a special use permit for a shopping center administration and maintenance facility that includes outdoor storage or operations:

1.

Outdoor storage or operations for a shopping center administration and maintenance facility shall be completely screened from view from public and private rights-of-way and from all adjacent properties.

2.

The required screening shall be provided by the means of a privacy fence or wall in compliance with the regulations regarding fences provided in Chapter 16.18 of this title, or by one hundred percent (100%) solid evergreen landscaping of sufficient height to screen the storage or operations.

3.

No outdoor storage or operations for a shopping center administration and maintenance facility shall be located within the front yard setback of a lot.

4.

Outdoor storage shall be allowed at all times within the required screened area. Other outdoor operations, including but not limited to repair, washing and manufacturing of equipment and vehicles, shall be limited and only allowed during construction hours, as defined in Title 15 of this Code.

H.

Supplemental standards for outdoor display as an accessory use in the C-2 and C-2-A zoning districts:

1.

Outdoor displays shall be permitted only as accessory uses on the same lot as a permitted or special use, and shall not be operated as a separate business;

2.

The goods, merchandise or products offered for sale in an outdoor display area must be of such a nature that they are not typically located within a permanent building or structure, such as vehicles, trailers, farming equipment, and landscaping supplies. Goods, merchandise or products that are typically located within a permanent building or structure, such as clothing, shall not be offered for sale in an outdoor display area. Nothing in this section shall waive the requirement to obtain a special use permit for outdoor storage (as defined in Section 16.04.020) or for a lumberyard and building materials business as required elsewhere in this code.

3.

Unless otherwise provided by this code, outdoor display areas shall not be located on any public or private right-of-way;

4.

No outdoor display areas shall be located within 50 feet of any single-family residentially zoned district, exclusive of rights-of-way;

5.

Outdoor display areas shall be limited to20 percent of the gross floor area of the primary building or tenant space to which the outdoor display area is accessory. Automobile dealers that have received approval of a special use permit as required elsewhere in this code are exempt from this percent limitation and shall be limited according to the approved special use permit.

6.

Outdoor display areas may be located on concrete, asphalt, or brick-paver areas and shall not be located on lawn areas or landscaping areas.

7.

Where an outdoor display is located on a sidewalk and/or walkway, an unobstructed portion of the sidewalk and/or walkway measuring not less than three feet in width shall be continuously maintained for pedestrian access and no point of access or egress from any building or any individual unit within any building shall be blocked at any time.

8.

Parking. Outdoor display areas may be located within existing parking spaces but only if there are a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as required by Chapter 16.32 of this code. Outdoor display areas shall not be located within handicapped-accessible parking spaces or loading areas.

9.

Setbacks. Outdoor display areas may be located in front of, on the side of or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the subject zoning district;

10.

Impact on Visibility. No outdoor display shall obstruct visibility at the intersection of two or more roadways and/or driveways. There shall be no significant obstruction to visibility located above three feet in height within the following areas:

a.

Within a sight triangle having legs of 25 feet along the right-of-way lines when two streets intersect.

b.

Within a sight triangle having legs of ten feet along the right-of-way line and the driveway edge when a street and a driveway intersect.

c.

Within a sight triangle having legs of ten feet along the drive lane edges when two on-site driving lanes and/or parking lot drive aisles intersect.

d.

On motor vehicle fuel pump islands or between motor vehicle fuel pumps.

11.

Permit Required.

a.

No outdoor display area shall be installed, erected, operated or used within the village prior to receiving a permit therefor.

b.

Applications for permits shall be in writing on such application form provided by the village. The following information shall be submitted with each permit application:

i.

An accurate plat of survey or other accurate and scaled drawing indicating:

(1)

The exact location and dimension of the proposed outdoor display area;

(2)

The property lines;

(3)

The distance of the proposed outdoor display area to the property lines;

(4)

The location and dimension of all structures existing on the site (including the primary building, all accessory buildings, and all existing fencing);

(5)

The easements; and,

(6)

The street lines, driveways, sidewalks and walkways.

ii.

A written description of the general types of items to be displayed and the maximum height of the items.

iii.

The gross floor area of the primary building or tenant space to which the outdoor display area is to be accessory.

iv.

A list of the dates or range of dates for which the outdoor display is proposed.

c.

No permit shall be issued until it has been approved for zoning compliance by the zoning administrator or his or her designee.

12.

All outdoor display areas must be maintained and displayed in a neat, orderly and safe manner. Failure to do so may result in revocation of the permit issuance by the vote of the village president and board of trustees.

I.

Supplemental review standards for the granting of a special use permit for automobile service and repair:

1.

Automobile service and repair businesses in the commercial zoning districts may perform limited cosmetic automobile body repairs, including painting and replacement of body panels. Major collision repairs and frame-off restorations are prohibited.

2.

Any and all vehicles in a state of disrepair that are stored outside of a building at an automobile service and repair business must be completely screened from view from public and private rights-of-way and from all adjacent properties. The required screening must be provided by the means of a privacy fence or a wall in compliance with the regulations regarding fences set forth in Chapter 16.18 of this title, or by one hundred percent (100%) solid evergreen landscaping of sufficient height to screen the vehicles.

3.

All service, repair, painting, replacement of body panels, and limited cosmetic repair work must take place within a fully enclosed building, and all such work is prohibited outside of a building.

4.

Any automobile service and repair business that offers or performs painting must be located within a building or tenant space equipped with an automatic fire suppression system in compliance with the requirements of Title 15 of this Code.

5.

Painting of vehicles is prohibited unless conducted inside a spray booth that complies with the applicable requirements of this Code, including, without limitation, the automatic fire suppression system requirements set forth in Title 15.

6.

The emission of odorous matter from painting in such quantity as to be offensive at a point outside the building of an automobile service and repair business, as determined by the community development director of the village, is prohibited. The community development director, in his or her reasonable discretion, may require the installation of filters on exhaust systems.

7.

All automobile service and repair businesses must comply with the noise regulations set forth in Chapter 8.16 of Title 8 of this Code.

J.

Supplemental standards for all adult-use cannabis dispensing organizations:

1.

An adult-use cannabis dispensing organization may not be located on a property where the property line is located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.16.040.

2.

At least seventy-five (75) percent of the floor area of any space occupied by an adult-use cannabis dispensing organization shall be devoted to the activities of the adult-use cannabis dispensing organization as authorized by the Cannabis Regulation and Tax Act, and no adult-use cannabis dispensing organization shall also sell food for consumption on the premises other than as authorized in Section 16.16.040.J.4 in the same space.

3.

An adult-use cannabis dispensing organization may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

4.

An adult-use cannabis dispensing organization may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by Section 16.16.040.J.7 shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit may be suspended or revoked following notice and hearing as provided in Chapter 2.97.

5.

An adult-use cannabis dispensing organization may include a co-located adult-use cannabis infuser organization as an accessory use within the same freestanding structure or tenant space, subject to the provisions of the Cannabis Regulation and Tax Act and the supplemental standards within Section 16.16.040. In such a co-location, the floor space requirements of Section 16.16.040.J.2 shall not apply, but the co-located establishments shall be the sole use of the space.

6.

A sufficient number of parking spaces for an adult-use cannabis dispensing organization must be provided in compliance with Chapter 16.32.

7.

An adult-use cannabis dispensing organization shall install building enhancements, such as security cameras, lighting or other improvements to ensure the safety of employees and customers of the adult-use cannabis dispensing organization, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis dispensing organization and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

8.

An adult-use cannabis dispensing organization shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

9.

The owner of an adult-use cannabis dispensing organization shall file an affidavit with the village affirming compliance with this Chapter 16.16 and all other requirements of the Cannabis Regulation and Tax Act prior to the issuance of a certificate of occupancy by the village.

(Ord. No. 09-57, § 3, 11-3-2009; Ord. No. 10-44, § 4, 11-2-2010; Ord. No. 11-32, § 6, 7-5-2011; Ord. No. 12-14, § 2, 4-3-2012; Ord. No. 14-22, § 4, 6-3-2014; Ord. No. 17-30, § 3, 8-1-2017; Ord. No. 19-35, § 4, 11-19-2019; Ord. No. 21-32, § 2, 10-5-2021)

Editor's note— Ord. No. 11-32, § 6, adopted July 5, 2011, set out provisions intended for use as subsection 16.16.040.G. Because said subsection already exists, and at the editor's discretion, these provisions have been included as subsection 16.16.040.H.