Four zoning districts are provided for commercial uses. When taken together, these districts are intended to permit development of property for the full range of market driven commercial uses needed to serve the citizens of the Village and surrounding areas in a suburban setting. The regulations in the commercial districts are purposely flexible to enable the Village to appropriately regulate commercial land uses, but enable property owners to creatively develop or redevelop their properties in a competitive and market responsive manner.

The districts, while distinct, permit a variety of shopping and service opportunities, ranging from the low intensity, smaller shop-like and mixed use atmosphere of the Original Town District (C-1), through the regional and boulevard business districts which provide greater intensity and more regional appeal (C-3, C-4). The intervening C-2 district functions as limited intensity commercial zone intended to accommodate neighborhood and local area shopping needs.

Specifically, the C-1 Original Town District is intended to provide for small shops, stores, and boutiques in the traditional Village center area and allow for the conversion of residential structures to commercial uses, like restaurants, taverns, and boutiques. The regulations in the C-1 district are designed to encourage the retention and renovation of sound existing structures and to ensure that the business uses remain compatible with the residential uses while permitting the area to maintain a distinctive and diverse character, as well as allow property owners to creatively adapt and repurpose structures consistent with the goal of creating an identifiable and pedestrian oriented Village center area.

The C-2 Neighborhood Commercial District is intended to serve the day-to-day shopping and consumer service needs of the low-density residential neighborhoods of the Village and is characterized by individual businesses and community shopping centers.

The C-3 Corridor Commercial District is intended to serve the entire Village and surrounding area with a wide variety of retail uses, including provide a major retail center available to persons living in the area surrounding the Village. The regulations are designed to encourage a broad range of fashionable retail and compatible service uses appropriate for such a center.

The C-4 Commercial Service District is intended to provide a location for large scale office parks and medical centers, to serve Village residents and areas surrounding the Village with a wide variety of personal service providers and professional services, as well as employment generators.

Permitted uses in the commercial districts are listed in Appendix A and are designated with a 'P'.

Special permit uses in the commercial districts are listed in Appendix A and are designated with an 'S'.

A.

C-1 Original Town District

1.

Architectural Review Requirements for New Structures and Additions to Existing Structures. Any new structure constructed in the C-1 district, or alteration of or addition to an existing structure in the C-1 district, will be subject to the following architectural review procedures and requirements:

(a)

Exterior Appearance Review—General Provisions.

(1)

Authority. The Board of Trustees, in accordance with the procedures and standards set out in this Section, may grant exterior appearance approval by ordinance duly adopted.

(2)

Purpose. The exterior appearance review process is intended to protect, preserve, and enhance the character and quality of the architectural heritage and to protect, preserve, and enhance property values in the C-1 district, while allowing for a mix of uses creating an identifiable and pedestrian oriented Village center area.

(b)

Exterior appearance review—Procedures.

(1)

Applications. Applications for exterior appearance approval will be filed with the Village Clerk. In addition to architectural information regarding the subject building, such application shall include the following materials:

(i)

Survey of Adjacent Properties. A survey of structures within 250 feet of the subject property which evaluates the architectural character of those structures in relation to the standards and considerations set forth in this Section.

(ii)

Statement of Proposed Improvements. A written statement detailing how the proposed improvements meet the applicable standards and consideration for exterior appearance review.

(c)

Other Approvals Required. In any case where the proposed improvements require any other relief provided in this Zoning Ordinance, or any other approval, no exterior appearance approval will be granted unless and until such other relief has been granted by the Board of Trustees or other required approvals have been obtained. The granting of any relief or issuance of any other approval will not establish any right to exterior appearance approval.

(d)

Public Meeting. After a properly completed application has been filed with the Village Clerk, a public meeting will be set, noticed, and conducted by the Planning and Zoning Commission.

(e)

Action by Planning and Zoning Commission. Within 45 days after the conclusion of the public meeting, the Planning and Zonings Commission will transmit to the Board of Trustees its recommendation either granting exterior appearance approval, granting the approval subject to conditions, or denying the approval. In reaching its recommendation, the Planning and Zoning Commission shall be guided by the purposes for which the exterior appearance review process has been created and by the particular standards and considerations set forth in this Paragraph 5-104A.1.

(f)

Action by Board of Trustees. Within 60 days after receipt of the recommendation of the Planning and Zoning Commission, the Board of Trustees will, by ordinance duly adopted, grant exterior appearance approval, grant exterior appearance approval subject to conditions, or disapprove the application. The Board of Trustees may also grant exterior appearance approval with modifications to the proposed improvements design, which the applicant may agree to or reject, in which case the rejection will serve as a basis, in the sole and absolute discretion of the Board of Trustees, for denial of the application. Any conditions or modification will be made as necessary to achieve the purposes and objectives of this Paragraph 5-104A.1. Conditions and modifications will be set forth in the ordinance granting approval. In reaching its decision, the Board of Trustees will be guided by the purposes for which the exterior appearance review process has been created and by the particular standards and considerations set for in this Paragraph 5-104A.1. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, will be deemed to be a decision denying the application.

(g)

Exterior Appearance Review—Standards and Considerations. In their consideration of applications for exterior appearance approval, the Planning and Zoning Commission and the Board of Trustees will be guided by the purposes of this Paragraph 5-104A.1 and more particularly by the following standards and considerations:

(1)

General Quality of Design and Site Development. New and existing structures and appurtenances thereof subject to these exterior appearance review provisions will be evaluated under the following quality of design and site development guidelines:

(i)

Open Spaces. The quality of the open spaces between structures and in setback spaces between street and façade.

(ii)

Materials. The quality of materials and their relationship to those in existing adjacent structures.

(iii)

General Design. The quality of the design in general and its relationship to the overall character of neighborhood.

(iv)

General Site Development. The quality of the site development in terms of landscaping, recreation, pedestrian access, automobile access, parking, servicing of the property, and impact on vehicular traffic patterns and conditions on site and in the vicinity of the site, and the retention of trees and shrubs to the maximum extent possible.

(2)

General Standards for Visual Compatibility. New and existing structures, and appurtenances thereof, subject to these exterior appearance review provisions shall be visually compatible in terms of the following guidelines:

(i)

Height. The height of the proposed structure shall be visually compatible with adjacent structures.

(ii)

Proportion of Front Façade. The relationship of the width to the height of the front elevation of a proposed structure shall be visually compatible with structures, public ways, and places to which it is visually related.

(iii)

Proportion of Openings. The relationship of the width to height of windows of a proposed structure shall be visually compatible with structures, public ways, and places to which it is visually related.

(iv)

Rhythm of Solids to Voids in Front Façades. The relationship of solids to voids in the front façade of a proposed structure shall be visually compatible with structures, public ways, and places to which it is visually related.

(v)

Rhythm of Space and Building on Streets. The relationship of a proposed structure to the open space between it and adjoining structures shall be visually compatible with the structures, public ways, and places to which it is visually related.

(vi)

Rhythm of Entrance, Porch, and Other Projections. The relationship of entrances and other projections of a proposed structure to sidewalks shall be visually compatible with the structures, public ways, and places to which it is visually related.

(vii)

Relationship of Materials and Texture. The relationship of the materials and texture of the façade of a proposed structure shall be visually compatible with the predominant materials used in the structures to which it is visually related.

(viii)

Roof Shapes. The roof shape of a proposed structure shall be visually compatible with the structures to which it is visually related.

(ix)

Walls of Continuity. The façades and appurtenances of proposed structures such as walls, fences, and landscape masses shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street to ensure visual compatibility with the structures, public ways, and places to which such elements are visually related.

(x)

Scale of Building. The size and mass of proposed structures in relation to open spaces, windows, door openings, porches, and balconies shall be visually compatible with the structures, public ways, and places to which they are visually related.

(xi)

Directional Expression of Front Elevation. A proposed structure shall be visually compatible with the structures, public ways, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or non-directional character.

(3)

Special Considerations for Existing Buildings. For existing buildings, the Planning and Zoning Commission and the Board of Trustees will consider the availability of materials, technology, and craftsmanship to duplicate existing styles, patterns, textures, and overall detailing.

(4)

Exterior Appearance Review—Limitations on Approval. Subject to an extension of time granted by the Board of Trustees, no exterior appearance approval will be valid for a period longer than one year unless the work authorized by such permit is commenced within such period. It will be unlawful for any person to deviate from plans approved at the time of exterior appearance approval without obtaining an amended permit in the same manner as herein provided for obtaining original permits.

(h)

Exterior Appearance Review—Exemption.

(1)

Blanket exemptions. Notwithstanding anything to the contrary in this Paragraph 5-104A.1, the following activities, provided such activities do not exceed 15% of the most current assessed valuation of the structure, as determined by the Ogle County Assessor's Office, will be exempt from the design review requirements of this Paragraph 5-104A.1:

(i)

Like replacement of siding and roofing materials, including gutters and downspouts;

(ii)

Like replacement of architectural features, including gabling, fascia, and masonry details such as keystones and pilasters; or

(iii)

Routine maintenance and repair, including repainting with like colors, pitching gutters and downspouts, and repair of storm damaged exterior features.

In addition to the above noted exempt activities, and subject to the requirements set forth in Article X of this Zoning Ordinance, any structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall be less than 50 percent of the cost of the restoration of the entire building when new, shall be exempt from the regulations and requirements of this Paragraph 5-104A.1.

2.

Exterior Lighting. Only residential style exterior lighting fixtures will be allowed in the C-1 District.

3.

Landscaping. Landscaped buffers consisting of a continuous three- to four-foot hedgerow must be provided between any commercial use and residential use.

4.

Hours of Operation. (See table next page).

HOURS OF OPERATION

5.

Mixed Use Planned Developments. All mixed uses of structures or lots in the C-1 district that include a residential use and retail use will be approved in accordance with the requirements for planned developments in Section 11-603 of this Zoning Ordinance.

6.

Site Plan Review. Any application filed for a lot in the C-1 district that requires the demolition of an existing structure and the construction of a new structure or the alteration of or an addition to an existing structure, unless a mixed use plan development, will be subject to site plan review in accordance with Section 11-604 of this Zoning Ordinance

B.

All Commercial Districts

1.

Manufacturing Limited. No manufacturing, processing, or treatment of products shall be conducted on the premises except those that are incidental to a principal retail business use. At least 75 percent of all products produced on the premises shall be sold at retail on the premises.

2.

Storage Limited. No storage or warehousing of any product shall be permitted except such as is incidental to a principal retail use.

C.

Outdoor Display of Merchandise. For displays of merchandise not otherwise permitted under Section 9-103 of this Zoning Ordinance regarding temporary uses, the outdoor display of merchandise will be permitted in any commercial district subject to the following conditions, standards, and requirements:

1.

Permit. The owner of the property on which the merchandise is to be displayed must obtain a permit from the Village prior to the display of any merchandise outdoors. No permit will be issued unless the owner submits a plan to the Village Clerk, illustrating the intended locations on the property where any merchandise will be displayed outdoors. The plan will be subject to review to ensure the proposed outdoor display will not pose a public safety hazard. The plan must clearly illustrate the following:

(a)

All property lines, sidewalk, and building locations, fire hydrants, parking areas, and fire lanes; and

(b)

The location of an unobstructed pedestrian walkway with a width of at least five feet providing ingress and egress to all entrances and exits to all buildings or structures on the property. If the outdoor display will be located on property with adjacent businesses, the applicant must notify every adjacent business and there must be an unobstructed path of at least five feet in width to and from the front of every adjoining business.

(c)

Upon review and approval of the plan, the Village will issue a permit subject to conditions deemed necessary to ensure that the outdoor display will not cause a public nuisance or public safety hazard.

2.

Term. The permit will be valid for a term not to exceed one year. Renewal of a permit will require Village review and approval of a new plan pursuant to the procedures and conditions of this Section 5-104C.

3.

General Standards. The owner will ensure that any outdoor display of merchandise satisfies the following conditions, standards, and requirements at all times:

(a)

The display does not block or hinder access to the emergency exits of any building or structure or any fire lane on the property;

(b)

The display contains only merchandise available for sale within the building or structure adjacent to, or in close proximity to, the display;

(c)

The display does not encroach on any parking area; and

(d)

The display is maintained in a neat, clean, and orderly fashion.

4.

Revocation. The failure of an owner to comply with the terms of the permit or the conditions, standards and requirements of this Section 5-104C will be grounds for the immediate revocation of the permit by the Village.

D.

Outdoor Tables or Seating Areas Accessory to Restaurants or Food Service Use.

The following regulations shall apply to outdoor tables and seating areas accessory to restaurants or food service uses:

1.

An outdoor table or seating area shall only be allowed as a permitted accessory use under the following conditions:

(a)

The restaurant prohibits serving alcoholic beverages.

(b)

The restaurant service is provided only within the enclosed building, but patrons may choose to carry their food and/or drink to the outside table or seating area.

(c)

The outside table or seating area is located completely within the required setback areas for the zoning district in which it is located.

(d)

A permit has been obtained either with the original building permit or by a subsequent permit, that included the review of the parking provided for the principal use to assure that no additional parking is required for the outdoor table or seating area.

2.

An outdoor table or seating area may be allowed as a special accessory use subject to the issuance of a special use permit in accordance with the provisions of Section 8-101A of this Zoning Ordinance and with the following additional requirements:

(a)

The size of the outdoor table or seating area shall not be larger than fifty (50) percent of the gross area of the principal use to which it is accessory.

(b)

No additional or separate kitchen or foot preparation area shall be provided other than the facilities for the principal use.

(c)

As a part of the special accessory use request, information must be submitted by the applicant concerning any proposed fencing or screening that is consistent with the architectural character of the principal building, adjacent buildings, and the overall use of the site, including parking areas and landscaping.

(d)

If alcoholic beverages are permitted with the principal use, then normal entry and exit to the outdoor table or seating area shall be from inside the principal building only and clear visibility into the area must be provided as approved by the Board of Trustees.

(e)

A site plan must be submitted and approved in accordance with the procedures set forth in Section 11-604 of this Zoning Ordinance, indicating the setbacks from all property lines for the outdoor table or seating area. Setbacks should conform to the required setbacks for the zoning district where the use is to be located. As a part of the special use, the Board of Trustees may grant departures from these setbacks if the Board of Trustees finds that acceptable screening is specifically included as a part of the special use.

(f)

Along with the proposed site plan, A seating plan must be submitted for review by the Lynn-Scott-Rock Fire Protection District for recommendations on emergency access. The surface area for the facility should generally be a hard surface area. The specific surface will again be reviewed for compatibility with the architectural character of the principal use and adjacent uses before any action is taken by the Board of Trustees. Any lumber used must be of fire retardant quality and rot protected.

(g)

Music or sound systems for the outdoor area are generally prohibited, unless specifically approved as a part of the special use, based on specific information submitted by the applicant on the specific speakers or sound systems to be used.

(h)

A lighting plan for the outdoor area must be submitted as a part of the site plan. Illumination must be compatible with adjacent uses.

(i)

The proposed hours of operation for the outdoor area must be submitted as a part of the site plan request for action by the Board of Trustees.

(j)

A refuse disposal plan must be submitted as a part of the special use request for action by the Board of Trustees. At a minimum, the plan must indicate the type and locations of refuse receptacles and the method for maintaining the area. If the plan provides for customers to clean-up after themselves, then a specified periodic cleaning schedule by employees must also be provided.

(k)

Based on the information submitted for the special use, the Board of Trustees will review the parking conditions for the principal use to determine if any additional parking would be required as a result of the addition of the special accessory use for the outdoor tables or seating area. If the Board of Trustees finds that additional parking is required, the these requirements may be included in the actions for the special accessory use.

(l)

A storage plan shall also be provided as a part of the special use request. At a minimum, this plan must indicate where any tables, seating, umbrellas, or similar furniture or facilities will be stored during times of the year when the outdoor area may not be in use.

(m)

Signage is to generally be included in the normal signage for the principal use. Particular signage for the special accessory use must be submitted as a part of the special use request for actions by the Board of Trustees.

(n)

Detail plans of any roof or canopy structures proposed to be used shall be provided for review.

See Article X for common regulations applicable in all districts.

Additional building height, yard, and setback and floor area ratio requirements applicable in the Commercial Districts are set forth in the following table.

COMMERCIAL DISTRICTS; BULK, SETBACK & YARD STANDARDS

A.

Lot Dimensions and Yards in Commercial Planned Developments.

1.

Special Requirements. Special perimeter open space setback and spacing requirements for planned developments in the commercial districts are set forth in Subparagraphs 11-603E.2(f) and (g) of this Code. Such requirements shall not be waived under any circumstances.

B.

Transitional Setbacks in C-2, C-3, and C-4 Districts Abutting Residential Districts. Notwithstanding any other provisions of this Section, any commercial building in the C-2, C-3, or C-4 district that abuts residentially zoned property will be setback from the nearest residential property line a distance equal to at least 50 feet plus an additional five feet for every foot of height of such building, or the Table requirement, whichever is greater.

C.

Special Setbacks for Signs. Special setbacks are established for some signs by Subsections 8-106 F and 8-106 I of this Zoning Ordinance; those setbacks will control over the yards and setbacks established in the table.

D.

Height Exceptions. Structures housing religious organizations may extend to a height of 55 feet and may include spires and minarets that extend to a height of 70 feet.