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Hampshire City Zoning Code

ARTICLE VIII

BUSINESS DISTRICTS

6-8-1: GENERAL PROVISIONS:

   A.   All business, service, storage, merchandise, display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building, except as otherwise permitted herein for specified uses such as off street automobile parking, off street loading, open sales lots or outside storage in districts where they are permitted.
   B.   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.
   C.   Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water carried waste. (Ord. 90-2, 4-5-1990)

6-8-2: B-1 CENTRAL BUSINESS DISTRICT:

   A.   General Purpose: The zoning regulations for this zoning district shall recognize the historic significance, spatial layout, and yard and parking limitations of the original Central Business District and immediately surrounding adjacent areas in the Village of Hampshire. (1985 Code)
   B.   Permitted Uses: In a B-1 Business District, the following permitted uses shall be allowed:
      Art galleries, museums and other semipublic, indoor exhibition uses; but not including auction rooms.
      Automobile service stations.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Catering establishments.
      Dwelling units or lodging rooms may be permitted above the ground floor (i.e., on the 2nd or higher floor) on any parcel on which is located a permitted or allowed special use.
         Said dwelling unit shall be on the second floor of the building, or higher floor.
         Yards shall be provided in accordance with the requirements for the B-1 Central Business District.
      Dwelling units or lodging rooms shall not otherwise be permitted.
      Establishments for educational services, including trade schools, dancing, music and singing schools, and daycare centers.
      Establishments for machinery and appliance repair.
      Establishments for personal services, including hairstyling, clothes cleaning, and shoe repair.
      Facilities for indoor entertainment and recreation, including theater, bowling alley, pool hall, rollerskating rinks, and private clubs, including game rooms or amusement centers.
      Frozen food shops, including locker rental in conjunction therewith.
      Meat markets, including markets for the sale of meat and meat products to restaurants, hotels, clubs and other similar establishments when conducted as part of the retail business on the premises.
      Microbreweries (for retail sales only, no wholesale sales).
      Nursery schools.
      Offices for commercial services, including advertising, radio, TV, newspapers, interior decorating, and printing.
      Offices for professional use, including doctor, attorney, insurance, financial establishments and real estate, but expressly excluding massage therapy establishments.
      Parks and playgrounds which are publicly owned and operated.
      Public garages.
      Restaurants and taverns, including brew pubs.
      Stores for retail sales of household goods, garden supplies, sporting goods, and personal products, including food, drugs, alcoholic beverages, clothing, furniture, appliances, hardware, gifts, specialty and hobby items and books; and of office supplies.
      Accessory uses to the above permitted uses.
   C.   Special Uses: In the B-1 Central Business District, the following special uses shall be allowed:
      Firearm and gun stores.
      Massage therapy establishments.
      Messenger services.
      Planned developments on a tract of land not more than five (5) acres, nor less than two and one-half (21/2) acres in the area.
      Public utility and public service uses, including fire stations, police stations, electric substations, telephone exchanges, and transit and transportation facilities.
      Senior citizen housing and retirement homes.
      Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code.
   D.   Requirements: In a B-1 Business District, the following requirements shall apply:
      1.   Floor area ratio shall not exceed 1.0.
      2.   Front yards shall not be required, unless any adjacent lot has a front yard established, in which case the front yard shall be not less than the average depth of the front yards of such adjacent lots.
      3.   Side yards shall not be required, unless any adjacent lot has a side yard established, in which case the side yard shall be not less than the average depth of the side yards of such adjacent lots.
      4.   Rear yard shall be not less than twenty feet (20') in depth.
      5.   Building height shall be not more than forty feet (40') or three (3) levels, not including a basement, whichever is less.
   E.   Off Street Parking: In a B-1 Central Business District, off street parking shall be governed by the following regulations:
      1.   For any use in said district except residential uses, one parking space shall be required for each two hundred (200) square feet of floor area, subject to the following exemptions:
         a.   For each use, there shall be an exemption for the first ten (10) parking spaces otherwise required under this section.
         b.   For retail stores and facilities providing personal and commercial services, the first two thousand five hundred (2,500) square feet of floor area on the first floor, and the first three thousand five hundred (3,500) square feet of floor area on any other floor of an existing building, shall be excluded from the floor area of such use in calculating the parking requirement under this section.
         c.   For business and professional offices, the first one thousand five hundred (1,500) square feet of floor area on the first floor, and the first three thousand (3,000) square feet of floor area on any other floor of an existing building, shall be excluded from the floor area of such use in calculating the parking requirement under this section.
         d.   For any establishment providing for the sale and consumption on the premises of food and refreshment, the first two thousand (2,000) square feet of floor area on the first floor, and the first two thousand five hundred (2,500) square feet of floor area on any other floor of an existing building, shall be excluded from the floor area of such use in calculating the parking requirement under this section.
         e.   For educational services, the first two thousand (2,000) square feet of floor area on the first floor, and the first two thousand five hundred (2,500) square feet of floor area on any other floor of an existing building, shall be excluded from the floor area of such use in calculating the parking requirement under this section.
      2.   For any residential use, one and one-half (11/2) parking spaces shall be required per single-family unit, and shall be provided on the property.
      3.   Upon the construction or erection of any new building, or a substantial alteration, remodeling, or addition to an existing building, or any change in the permitted use of an existing building, or any change in an existing off street parking space, there shall be provided such off street parking space as is required by the regulations set forth in this section.
      4.   All uses shall provide parking in accordance with the terms of this chapter; however, in the event any use cannot provide the required parking spaces on site, or (except for residential uses) within three hundred feet (300') from said use, the owners of such use shall contribute two thousand dollars ($2,000.00) for each required parking space not provided, to a special fund created by the Village for the purpose of maintaining and improving existing public parking, and of acquiring and constructing new parking facilities, in the B-1 Central Business District. (1985 Code; amd. Ord. 10-24, 10-21-2010; Ord. 11-21, 9-1-2011; Ord. 14-22, 5-1-2014; Ord. 18-38, 11-1-2018; Ord. 20-20, 6-4-2020; Ord. 23-09, 9-7-2023)

6-8-3: B-2 COMMUNITY BUSINESS DISTRICT:

   A.   General Provisions: In a B-2 Community Business District, the following shall apply:
      1.   Dwelling units or lodging rooms may be permitted above the ground floor (i.e., on the 2nd or higher floor) on any parcel on which is otherwise located a permitted or allowed special use.
         a.   Said dwelling unit shall be on the second floor of the building or higher floor.
         b.   Yards shall be provided in accordance with the requirements for R-4 General Residence Districts.
      2.   Dwelling units or lodging rooms shall not otherwise be permitted.
   B.   Permitted Uses: In a B-2 Business District, the following permitted uses shall be allowed:
      All uses permitted in the B-1 District, pursuant to subsection 6-8-2B of this article.
      Antique shops.
      Bakeries which employ not more than eight (8) persons and where not more than fifty percent (50%) of the floor area is devoted to processing.
      Banks and financial institutions.
      Bicycle stores for sales, rental or repair.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Camera and photographic supply stores.
      Carpet and rug stores.
      China and glassware stores.
      Coin and philatelic stores.
      Currency exchanges.
      Custom dressmaking.
      Department stores.
      Dry goods stores.
      Flower shops and conservatories.
      Furrier shops, including the incidental storage and conditioning of furs.
      Hotels, including dining and meeting rooms, provided that business uses, other than those which are commonly incidental to a hotel business, shall not occupy space fronting on a hotel hall or lobby.
      Laboratories for medical, dental research or testing purposes.
      Laundries of an automatic self-service or hand wash type, which employ not more than two (2) persons in addition to one owner or manager, and use laundry machines which shall not exceed ten (10) pounds' capacity.
      Loan offices.
      Locksmith shops.
      Mail order service stores.
      Physical culture and health services, gymnasiums, reducing salons, and public baths.
      Post Offices.
      Sewing machine sales and services - household machines only.
      Wholesale establishments, provided that merchandise shall be limited to samples only.
      Accessory uses to the above permitted uses. (1985 Code)
   C.   Special Uses: In a B-2 Community Business District, the following special uses shall be allowed:
      All special uses allowed in the B-1 District, excluding those which are otherwise permitted uses in the B-2 District under subsection B of this section.
      Adult-use cannabis craft grower facility, when combined with an adult-use cannabis dispensing facility, as allowed by law and subject to the provisions of §§ 4-26-1 et seq. of the Village Code.
      Adult-use cannabis dispensing facility, subject to the provisions of §§ 4-26-1 et seq. of the Village Code.
      Automobile accessory stores.
      Churches, convents, monasteries, theological schools, rectories and parish houses.
      Dispensaries for medical cannabis, subject to the following restrictions:
      1.   No medical cannabis dispensing organization shall be located within one thousand feet (1,000') of any of the following uses, whether or not located within the Village:
         a. Any public or private preschool, or any elementary or secondary school;
         b. Any publicly or privately operated daycare center, daycare home, group daycare home or part day childcare facility; and
         c. Any residential zoning district, or any residential use.
      Provided, for purposes of this use, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building in which the proposed or existing medical cannabis dispensary is established to the nearest property line of a use or zoning district.
      Health centers.
      Municipal water filtration plants, pumping stations, reservoirs, and sewage treatment plants.
      Parking lots and storage garages for motor vehicles under one and one-half (11/2) tons' capacity only.
      Planned development on a tract of land not less than two and one-half (21/2) acres in area.
      Public libraries.
      Radio and television towers.
      Recreational buildings and community centers. (1985 Code)
   D.   Requirements: In a B-2 Business District, the following requirements shall apply:
      1.   Floor area ratio shall not exceed 1.8.
      2.   Front yard shall be not less than ten feet (10') in depth.
      3.   Side yards shall be as follows:
         a.   Where a side lot line coincides with a side lot line in an adjacent residence district, a side yard shall be provided on the B-2 Business District premises in accordance with the requirements under this chapter for the residential use on the adjacent residential lot.
         b.   A side yard adjoining a street shall be not less than ten feet (10') in width.
         c.   A side yard shall otherwise be not less than five feet (5').
      4.   Rear yard shall be not less than twenty feet (20') in depth.
      5.   Off street loading shall be provided in accordance with provisions set forth in article XI of this chapter.
      6.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter. (1985 Code) (Ord. 10-24, 10-21-2010; amd. Ord. 14-21, 5-1-2014; Ord. 14-22, 5-1-2014; Ord. 18-38, 11-1-2018; Ord. 20-09, 2-6-2020 ; Ord. 20-20, 6-4-2020 )

6-8-4: B-3 SERVICE BUSINESS DISTRICT:

   A.   General Conditions: In a B-3 Service Business District, the following general conditions shall apply:
      1.   Each business establishment is restricted to not more than five thousand (5,000) square feet of floor area.
      2.   Dwelling units or lodging rooms may be permitted above the ground floor (i.e., on the 2nd or higher floor) on any parcel on which is otherwise located a permitted or allowed special use.
         a.   Said dwelling unit shall be on the second floor of the building or higher floor.
         b.   Yards shall be provided in accordance with the requirements for R-4 General Residence Districts.
      3.   Dwelling units or lodging rooms shall not otherwise be permitted.
   B.   Permitted Uses: In a B-3 Business District, the only permitted uses shall be as follows:
      All uses permitted in the B-2 Business District.
      Auction rooms.
      Automobile accessory stores.
      Automobile body repair shops.
      Automobile parking lots for retail sales.
      Automobile vehicle sales lots and other outdoor sales lots.
      Building material stores for retail sale, with accessory outside storage, provided outside storage does not exceed sixteen feet (16') in height.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Caskets and casket supplies.
      Contractor and construction offices.
      Employment agencies.
      Exterminating shops.
      Feed stores.
      Fire stations.
      Greenhouses.
      Job printing shops using presses having beds of not more than fourteen inches (14") and twenty inches (20").
      Libraries.
      Machinery and equipment shop for retail sales, provided:
      1.   No service, repair or reconditioning shall be performed therein; and
      2.   Storage of all machinery shall be within enclosed buildings.
      Mail order houses.
      Motels.
      Orthopedic and medical appliance stores for retail sales and rental, provided no assembly or manufacture of such articles shall be performed therein.
      Pet shops.
      Plumbing showrooms and shops.
      Police stations.
      Private clubs and meeting halls.
      Recording studios.
      Restaurants, including restaurants providing live entertainment and dancing.
      Retail dry cleaning establishments which employ not more than five (5) persons, and equipment used for dry cleaning purposes not to exceed one unit of thirty (30) pounds' capacity.
      Secondhand stores and rummage shops.
      Telephone exchanges, microwave relay towers, telephone transmission equipment buildings and electric distribution centers.
      Accessory uses to the above permitted uses.
   C.   Special Uses: In a B-3 Service Business District, the following special uses shall be allowed:
      All special uses allowed in the B-2 District, excluding those which are otherwise permitted uses in the B-3 District under subsection B of this section.
      Animal hospitals.
      Automobile laundries.
      Dispensaries for medical cannabis, subject to the following restrictions:
      1.   No medical cannabis dispensing organization shall be located within one thousand feet (1,000') of any of the following uses, whether or not located within the Village:
         a. Any public or private preschool, or any elementary or secondary school;
         b. Any publicly or privately operated daycare center, daycare home, group daycare home or part day childcare facility; and
         c. Any residential zoning district, or any residential use.
      Provided, for purposes of this use, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building in which the proposed or existing medical cannabis dispensary is established to the nearest property line of a use or zoning district.
      Dog kennels.
      Outdoor amusement establishments, including golf driving ranges, miniature golf courses, par 3 golf courses, kiddie parks, and other similar amusement centers.
      Stadiums and other such places of amusement.
      Storage sheds.
      Taxidermist shops.
      Other service business uses, including coin operated dry cleaning establishments.
   D.   Requirements: In a B-3 Service Business District, the following requirements shall apply:
      1.   Floor area ratio shall not exceed 1.8.
      2.   All yards shall be as provided for in a B-2 District, under subsection 6-8-3D of this article.
      3.   Off street loading shall be provided in accordance with provisions set forth in article XI of this chapter.
      4.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter. (1985 Code; amd. Ord. 97-2, 1-23-1997; Ord. 14-21, 5-1-2014; Ord. 18-38, 11-1-2018; Ord. 20-20, 6-4-2020; Ord. 23-09, 9-7-2023)

6-8-5: B-4 OFFICE BUSINESS DISTRICT:

   A.   General Purposes:
      1.   Provide for small scale office facilities offering personal services of a professional nature which typically generate less vehicular traffic and require less visibility and accessibility from major arterial streets than other commercial uses.
      2.   Permit the development of small scale office facilities in areas unsuitable for other commercial uses, or residential or industrial uses.
      3.   Provide for a buffer between residential uses and other commercial or industrial uses.
   B.   Permitted Uses: In a B-4 Office Business District, the only permitted uses shall be as follows:
   Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
   Medical laboratories and pharmacies, limited to the sale of prescription drugs, only when operated in conjunction with a medical office complex.
   Offices: business, bank, professional, and public, including lawyer, physician, dentist, architect, professional engineer, accountant, real estate and insurance agents, but expressly excluding massage therapy establishments.
   Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.
   Accessory uses to the above permitted uses, including off street parking and off street loading.
   Other office uses substantially similar to the permitted uses in this district as determined by the Planning and Zoning Commission after notice and hearing as in the case of variations.
   C.   Special Uses: In the B-4 Office Business District, the following special uses shall be allowed:
   Dance studios.
   Daycare centers.
   Drive-in banks.
   Libraries, branch.
   Massage therapy establishments.
   Off street parking.
   Planned unit developments for office purposes.
   Post Offices, branch.
   Public utility and public service uses, including:
      Electrical substation and distribution center.
      Telephone exchanges, microwave relay towers and telephone transmission equipment buildings.
   Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code.
   Accessory uses to the above special uses including off street parking and off street loading.
   D.   Requirements: In a B-4 Office Business District, the following requirements shall apply:
      1.   Floor area ratio shall not exceed 0.5.
      2.   Building height shall not be greater than thirty feet (30') above grade.
      3.   All yards shall be as provided in the R-2 District, under subsections 6-7-2C6 through C9 of this chapter; provided any rear yard shall be effectively screened by a solid wall or fence; or by a densely planted, compacted hedge not less than five feet (5') nor more than six feet (6') in height; or by any combination of wall, fence and hedge.
      4.   Off street loading shall be provided in accordance with provisions set forth in article XI of this chapter.
      5.   Off street parking shall be provided in accordance with provisions set forth in article XI of this chapter. (Ord. 90-2, 4-5-1990; amd. Ord. 10-24, 10-21-2010; Ord. 11-20, 9-1-2011; Ord. 18-38, 11-1-2018; Ord. 21-15, 4-15-2021)

6-8-6: O-R OFFICE RESEARCH DISTRICT:

   A.   Purpose: This district is intended to encourage the development of high quality corporate, business and professional offices and research laboratories, together with complementary business and commercial uses in a campuslike setting, at prominent locations in the vicinity of the Interstate I-90 and Route 20 interchange area. (Ord. 92-10, 10-1-1992)
   B.   Permitted Uses: In an O-R Office Research District, the only permitted uses shall be as follows:
      Advertising agency.
      Banks, savings and loans and similar financial institutions.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Business and professional offices.
      Business, commercial and language schools.
      Daycare center.
      Employment agencies.
      Health and recreation clubs.
      Hotel and motels, designed with lodging, dining, conference, exhibit and training facilities.
      Personnel training center.
      Post Offices, not including distribution centers.
      Public park.
      Travel agency. (Ord. 92-10, 10-1-1992; amd. Ord. 18-38, 11-1-2018)
   C.   Special Uses: In the O-R Office Research District, the following special uses shall be allowed:
      Blueprinting, photostating, printing and photocopying.
      Bus passenger stations, not including bus terminal parking lots.
      Computer and data processing stores.
      Ground mounted Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Massage therapy establishments.
      Public utility and service uses, including:
      Electric substations and distribution centers.
      Fire stations.
      Municipal water filtration plants, pumping stations, reservoirs and sewage treatment plants.
      Police stations.
      Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings.
      Radio, television and recording studios.
      Research laboratories and facilities.
      Theme parks.
      Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code. (Ord. 92-10, 10-1-1992; amd. Ord. 10-24, 10-21-2010; Ord. 11-20, 9-1-2011; Ord. 18-38, 11-1-2018)
   D.   Prohibited Uses: In an O-R Office Research District the following uses shall be prohibited:
      Business machine sales and service.
      Currency exchanges.
      Dental and medical clinics, freestanding.
      Restaurants, taverns and cocktail lounges freestanding, not included in a hotel or motel.
      Retail stores.
      Trailer coaches or mobile homes and mobile home parks.
   E.   Lot Area, Yard And Bulk Requirements:
1. Minimum lot area
 
87,120 square feet (2 acres)
2. Minimum lot width
 
225 feet
3. Minimum lot depth
 
125 feet
4. Minimum front yard setback:
 
 
 
Adjacent to an arterial road
 
100 feet
 
Adjacent to an internal or collector road
 
50 feet
5. Minimum rear yard setback:
 
 
 
Adjacent to an arterial road
 
100 feet
 
Adjacent to an internal or collector road
 
50 feet
 
Abutting an adjoining property
 
25 feet
6. Minimum side yard setback
 
25 feet each side
7. Minimum corner side yard setback
The requirements for a corner side yard shall be the same as the requirements for a front yard
8. Minimum yard abutting a residential or agricultural district
 
100 feet
9. Maximum lot coverage (principal and accessory buildings)
 
30 percent
10. Maximum impervious surface coverage
 
70 percent
11. Floor area ratio
 
0.30
12. Height of principal use
 
4 stories, or 40 feet, whichever is lesser
13. Height of accessory use
 
1 story, or 15 feet, whichever is lesser
 
   F.   Off-Street Parking And Loading Requirements:
      1.   Compliance: Off-street parking and loading requirements shall be in accordance with provisions set forth in article XI of this chapter.
      2.   Landbanking Of Required Parking Spaces:
         a.   The Village Board may, by special use permit, reduce the total number of off-street parking spaces required to be paved, as required in article XI of this chapter, for business and professional office uses in the O-R District by up to fifteen percent (15%), subject to the following conditions:
            (1)   The Village Board shall have the right to direct and require the property owner or his successor, at any time subsequent to the completion of the development, to increase the number of paved parking spaces provided on the property to serve the completed project, up to the maximum required by article XI of this chapter.
            (2)   An application for a special use permit shall be accompanied by alternate detailed parking plans. One plan shall show the full number of parking spaces required by article XI of this chapter; the other plan shall show the reduced number of paved parking spaces proposed to be provided, and shall also show the landscaping treatment of areas proposed to be reserved to satisfy the total number of parking spaces required by article XI of this chapter. Both such plans shall show the location on the site of all parking areas, and the exact number of parking spaces to be provided.
            (3)   The applicant shall file with the Village Clerk his/her unconditional agreement and covenant that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off street parking in accordance with the approved special use permit. The ordinance granting such permit (including both plans), together with such agreement and covenant, shall be recorded with the Recorder of Deeds of Kane County, Illinois.
      3.   Location Of Off Street Parking Areas:
         a.   Required off street parking spaces shall not be located in the first fifty feet (50') of the front yard, nor in the first twenty five feet (25') of required rear and side yards of lots in the O-R District. (Ord. 92-10, 10-1-1992)

6-8-7: HC HIGHWAY COMMERCIAL DISTRICT:

   A.   Purpose: The purpose of the HC Highway Commercial District is to provide for limited commercial uses which are oriented to the automobile and truck traffic at prominent locations in the vicinity of the Interstate I-90 and Route 20 interchange area. The regulations of this district are intended to provide for highway oriented retail and service establishments which offer a wide range of goods and services in locations which abut or front, and have access to, either directly or via frontage roads, heavily traveled major arterial roadways.
   B.   Land Use Regulations:
      1.   General Standards: Uses permitted in the HC District are subject to the following standards:
         a.   Enclosed Buildings: All business activity and servicing shall take place within completely enclosed buildings unless otherwise specified. All storage of property, except of motor vehicles in operable conditions, shall be in completely enclosed buildings or structures.
         b.   Accessory Uses: Outdoor accessory uses may be permitted by the Village Board in conformance with following requirements:
            (1)   The permitted outdoor accessory use shall be for the purpose of direct retail sales only, not for storage;
            (2)   The area of the permitted outdoor accessory use may not exceed ten percent (10%) of the indoor gross floor area of the related principal use on the same premises.
         c.   Off Street Loading And Parking: Off street loading and parking facilities for the storage of motor vehicles may be unenclosed throughout the HC District. Such unenclosed areas shall be effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet (6') nor more than eight feet (8') in height, or a landscaped buffer planted to effectively screen all parking and loading areas. (Ord. 92-10, 10-1-1992)
   C.   Permitted Uses: In a Highway Commercial District, the following permitted uses shall be allowed:
   Automobile and truck sales.
   Automobile parts and accessory stores.
   Bakeries, which employ not more than eight (8) persons and where not more than fifty percent (50%) of the floor area is devoted to processing.
   Banks, savings and loans and similar financial institutions.
   Brew pubs.
   Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
   Bus passenger stations, not including bus terminal parking lots.
   Business machine sales and service.
   Computer and data processing stores.
   Convenience food stores.
   Currency exchanges.
   Employment agencies.
   Establishments for machinery and appliance repair.
   Feed stores.
   Gasoline sales - retail, including vehicle repair.
   General retail, with a minimum of seventy five percent (75%) of the gross floor area devoted to direct retail sales.
   Greenhouses, retail.
   Health and recreation clubs.
   Hotels and motels, including dining and meeting rooms.
   Kennels and animal hospitals.
   Microbreweries.
   Public park.
   Public utility and service uses, including:
      Electric substations and distribution centers.
      Fire stations.
      Municipal water filtration plants, pumping stations, reservoirs and sewage treatment plants.
      Police stations.
      Telephone exchanges, microwave relay towers and telephone transmission equipment buildings.
   Restaurant: fast food.
   Restaurants, with cocktail lounges as an accessory use.
   D.   Special Uses: In a Highway Commercial District, the following special uses shall be allowed:
   Adult-use cannabis craft grower facility, when combined with an adult-use cannabis dispensing facility, as allowed by law and subject to the provisions of §§ 4-26-1 et seq. of the Village Code.
   Adult-use cannabis dispensing facility, subject to the provisions of §§ 4-26-1 et seq. of the Village Code.
   Automobile laundries.
   Automobile service stations, including retail gasoline sales and vehicle repair.
   Automobile/truck stops.
   Blueprinting, photostating, printing and photocopying.
   Building materials sales and storage.
   Daycare center.
   Dispensaries for medical cannabis, subject to the following restrictions:
      1.   No medical cannabis dispensing organization shall be located within one thousand feet (1,000') of any of the following uses, whether or not located within the Village:
         a.   Any public or private preschool, or any elementary or secondary school;
         b.   Any publicly or privately operated daycare center, daycare home, group daycare home or part day childcare facility; and
         c.   Any residential zoning district, or any residential use.
      Provided, for purposes of this use, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building in which the proposed or existing medical cannabis dispensary is established to the nearest property line of a use or zoning district.
   Dry cleaning establishments.
   Outdoor amusement establishments, including golf driving ranges, miniature golf courses, kiddie parks and other similar amusement centers.
   Post Offices, including distribution centers.
   Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code.
   E.   Prohibited Uses: In a Highway Commercial District, the following uses shall be prohibited:
   Cartage and express facilities.
   Chemical processing and production.
   Dental and medical clinics.
   Mail order houses.
   Manufacturing facilities.
   Personnel training center.
   Professional offices.
   Radio, television and recording studios.
   Research laboratories and facilities.
   Trailer coaches or mobile homes and mobile home parks.
   Warehousing, storage and distribution facilities.
   Woodworking and wood products.
   F.   Lot Area, Yard And Bulk Requirements:
1. Minimum lot area
10,000 square feet
2. Minimum lot width
75 feet
3. Minimum lot depth
125 feet
4. Minimum front yard setback:
 
 
Adjacent to an arterial road
40 feet
 
Adjacent to an internal or collector road
25 feet
5. Minimum rear yard setback:
 
 
Adjacent to an arterial road
40 feet
 
Adjacent to an internal or collector road
10 feet
 
Abutting an adjoining property
10 feet
6. Minimum side yard setback
10 feet each side
7. Minimum corner side yard setback
The requirements for a corner side yard shall be the same as the requirements for a front yard
8. Minimum yard abutting a residential or agricultural district
20 feet
9. Maximum building lot coverage (principal and accessory buildings)
50 percent
10. Maximum building and parking impervious surface coverage
90 percent
11. Floor area ratio
1.8
12. Height of principal use
3 stories, or 35 feet, whichever is greater
13. Height of accessory use
1 story, or 15 feet, whichever is greater
 
   G.   Off Street Parking And Loading Requirements:
      1.   Compliance: Off street parking and loading requirements shall be provided in accordance with provisions set forth in article XI of this chapter.
      2.   Location Of Off Street Parking Areas:
         a.   Off street parking spaces shall not be located in the first fifteen feet (15') of the required front yard when adjacent to a collector road, nor in the first twenty five feet (25') of the front yard when adjacent to an arterial road.
         b.   Off street parking spaces are prohibited in the required side yards of lots in the HC District.
         c.   Off street parking spaces shall not be prohibited in the first fifteen feet (15') of the required rear yard when adjacent to a collector street; in the first twenty five feet (25') of the required rear yard when adjacent of an arterial road; nor in the first ten feet (10') of the required rear yard when adjacent to commercial property. (Ord. 92-10, 10-1-1992; amd. Ord. 11-20, 9-1-2011; Ord. 14-21, 5-1-2014; Ord. 14-22, 5-1-2014; Ord. 18-38, 11-1-2018; Ord. 20-09, 2-6-2020; Ord. 22-24, 9-15-2022)

6-8-8: RB RURAL BUSINESS DISTRICT:

   A.   Purpose: The purpose is to provide for limited business and service uses which are consistent and compatible with the historic commercial crossroads area at Allen Road and Route 20.
   B.   Land Use Regulations:
      1.   General Standards: Uses permitted in the RB District are subject to the following standards:
         a.   All business activity and servicing shall take place within completely enclosed buildings unless otherwise specified. All storage of property, except of motor vehicles in operable condition, shall be in completely enclosed buildings or structures.
         b.   Off street loading and parking facilities for the storage of motor vehicles may be unenclosed throughout the RB District. Such unenclosed areas shall be effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet (6') nor more than eight feet (8') in height, or a landscaped buffer planted to effectively screen all parking and loading areas. (Ord. 92-10, 10-1-1992)
   C.   Permitted Uses: In the Rural Business District, the only permitted uses shall be as follows:
      Auction rooms.
      Automobile accessory stores.
      Automobile body repair shops.
      Automobile parking lots and storage garages.
      Building material stores for retail sale, with accessory outside storage, provided outside storage does not exceed sixteen feet (16') in height.
      Building-mounted and building-integrated Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Caskets and casket supplies.
      Contractor and construction offices.
      Establishments for machinery and appliance repair.
      Exterminating shops.
      Farm implement sales and service centers.
      Feed stores.
      Greenhouses.
      Kennels and animal hospitals.
      Private clubs and meeting halls.
      Public garages.
      Public utility and service uses, including:
      Electrical substations and distribution centers.
      Fire stations.
      Municipal water filtration plants, pumping stations, reservoirs and sewage treatment plants.
      Personnel training center.
      Police stations.
      Telephone exchanges, microwave relay towers and telephone transmission equipment buildings.
      Recording studios.
      Retail gasoline sales, including vehicle repair.
      Secondhand stores and rummage shops.
      Accessory uses to the above permitted uses. (Ord. 92-10, 10-1-1992; amd. Ord. 18-38, 11-1-2018)
   D.   Special Uses: In a Rural Business District, the following may be allowed as special uses:
      Dry cleaning establishments.
      Ground mounted Solar Energy Systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Outdoor amusement establishments, including golf driving ranges, miniature golf courses, kiddie parks and other similar amusement centers.
      Retail gasoline sales, including vehicle repair and automobile laundries and accessory uses.
      Towing services, including vehicle repair.
      Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code. (Ord. 92-10, 10-1-1992; amd. Ord. 11-20, 9-1-2011; Ord. 18-38, 11-1-2018)
   E.   Prohibited Uses: In a Rural Business District, the following uses shall be prohibited:
      Business machine sales and service.
      Cartage and express facilities.
      Chemical processing and production.
      Daycare center.
      Dental and medical clinics.
      Mail order houses.
      Manufacturing facilities.
      Personnel training center.
      Post Offices.
      Professional offices.
      Radio, television and recording studios.
      Research laboratories and facilities.
      Trailer coaches or mobile homes and mobile home parks.
      Warehousing, storage and distribution facilities.
      Woodworking and wood products.
   F.   Lot Area, Yard And Bulk Requirements:
1. Minimum lot area
 
10,000 square feet
2. Minimum lot width
 
75 feet
3. Minimum lot depth
 
125 feet
4. Minimum front yard setback:
 
Adjacent to an arterial road
 
40 feet
 
Adjacent to an internal or collector road
 
25 feet
5. Minimum rear yard setback:
 
 
 
Adjacent to an arterial road
 
40 feet
 
Adjacent to an internal or collector road
 
25 feet
 
Abutting an adjoining property
 
25 feet
6. Minimum side yard setback
 
10 feet each side
7. Minimum corner side yard setback
 
The requirements for a corner side yard shall be the same as the requirements for a front yard
8. Minimum yard abutting a residential or agricultural district
 
50 feet
9. Maximum lot coverage (principal and accessory buildings)
 
50 percent
10. Maximum impervious surface coverage
 
70 percent
11. Floor area ratio
 
0.25
12. Height of principal use
 
2 stories, or 30 feet, whichever is lesser
13. Height of accessory use
 
1 story, or 15 feet, whichever is lesser
 
   G.   Off Street Parking And Loading Requirements:
      1.   Off Street Parking And Loading: Off street parking and loading requirements shall be provided in accordance with provisions set forth in article XI of this chapter.
      2.   Location Of Off Street Parking Areas:
         a.   Required off street parking spaces shall not be located in the first ten feet (10') of the front yard.
         b.   Parking is prohibited in the required rear and side yards of lots in the RB District. (Ord. 92-10, 10-1-1992)

6-8-9: REC RECREATIONAL DISTRICT:

   A.   Purpose: The purpose of the REC Recreational District is to provide for various recreational uses not otherwise allowed in the Village of Hampshire, and to encourage the development of recreational uses at designated locations in the Village having access to public highways and/or arterial roadways.
   B.   Land Use Regulations:
      1.   General Standards: Uses permitted in the REC District are subject to the following standards:
         a.   All business activity and servicing shall take place within completely enclosed buildings unless otherwise specified. All storage of property, except of motor vehicles in operable condition, shall be in completely enclosed buildings or structures.
         b.   All outdoor uses, except for public uses, must be effectively screened from any abutting residential property with appropriate landscaping.
         c.   Reserved.
         d.   Off Street Loading And Parking:
            (1)   Off street loading and parking facilities may be unenclosed throughout the REC District. Such unenclosed areas shall be effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet (6') nor more than eight feet (8') in height, or a landscaped buffer planted to effectively screen such parking and loading areas.
            (2)   The number of parking spaces required for any permitted use in the District shall be set in accordance with the requirements of section 6-11-2 of this Code, or, for any particular use not identified therein, one (1) space per four (4) persons in designed capacity or one (1) space per one thousand (1,000) square feet of lot area, whichever is greater; or for any special use, by the special use review and approval process.
   C.   Permitted Uses: In the REC District, the only permitted uses shall be as follows:
         Auditoriums, exhibition halls, banquet facilities, and meeting rooms.
         Country clubs.
         Cemeteries.
         Fitness centers/health spas.
         Libraries.
         Movie theaters and playhouses - indoor.
         Museums.
         Open space - public or private - including but not limited to bicycle paths, hiking trails, interpretive trails, or passive open space.
         Parks and recreation areas - publicly owned and/or operated.
         Playgrounds - with suitable play equipment; and including tot lots.
         Skating rinks.
         Studios for professional work or teaching of any form of the arts, including but not limited to photography, music, drama, dance, cooking, karate, computer use, yoga, and other similar uses.
         Swimming pools - indoor and outdoor.
         Wedding venues - indoor and outdoor wedding venues.
         Accessory uses to permitted uses or approved special uses, including but not limited to administrative structures, restroom facilities, concession facilities, activity buildings, boat ramps and docks, club houses, and other similar uses.
   D.   Special Uses: In a REC District, the following may be allowed as special uses:
      Dog parks.
      Horseback riding stables and trails.
      Other indoor and outdoor event venues, including but not limited to stadiums, amphitheaters, and bandshells.
      Outdoor amusement establishments, water parks, miniature golf courses, kiddie parks, and similar amusement centers.
      Recreational camping for temporary use only, including motor coach parks.
      Solar energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVIII of this Code.
      Sports and athletic facilities - indoor and outdoor - including but not limited to fields for baseball, football, or soccer; basketball courts; tennis courts, and other similar uses.
      Wind energy systems, as defined in and subject to the restrictions set forth in chapter 5, article XVII of this Code.
      Other recreational uses deemed by the Planning and Zoning Commission to be of the same general character as those listed herein.
   E.   Lot Area, Yard, And Bulk Requirements:
      1.   Minimum lot area: twenty five thousand (25,000) square feet.
      2.   Minimum lot width: one hundred fifty feet (150').
      3.   Minimum lot depth: one hundred fifty feet (150').
      4.   Minimum yard setback:
         a.   Adjacent to a street or road: one hundred feet (100').
         b.   Abutting an adjoining property: twenty five feet (25').
      5.   Maximum lot coverage: fifty percent (50%).
      6.   Maximum impervious surface coverage: seventy percent (70%).
      7.   Floor area ratio: 0.25.
      8.   Height of principal use: lesser of three (3) stories or fifty feet (50').
      9.   Height of accessory use: lesser of one story or fifteen feet (15'). (Ord. 21-45, 11-18-2021; amd. Ord. 24-03, 1-18-2024)