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Herscher City Zoning Code

CHAPTER 6

COMMERCIAL DISTRICTS

10-6A-1: PURPOSE:

To preserve the historical characteristics and heritage of the traditional central commercial area of the Village, which by its nature requires special regulation design to enhance the area and insure that future development or redevelopment is not incompatible with the historical character of the area. The area included within this district has historical significance as being the Commercial Business Center of the Village as it was originally laid out.

10-6A-2: POLICY:

To achieve the purpose of commercial districts and preserve the C-1 Downtown Commercial District, it shall be the policy of the Village to:
   A.   Insure that all redevelopment or new development is consistent in appearance with surrounding buildings and historical characteristics of the area.
   B.   Promote sound community planning to preserve the heritage, aesthetic interest, values, and customs related to the historic significance of the area.
   C.   Preserve the economic stability of retail trade and personal service business of the Traditional Downtown Commercial District.

10-6A-3: USES PERMITTED:

No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this Title for other than one or more of the following uses:
   A.   Retail businesses which supply commodities on the premises:
      1.   Antique store.
      2.   Appliance store.
      3.   Apparel stores.
      4.   Art and school supply store.
      5.   Art gallery.
      6.   Automobile parts and supply store.
      7.   Automobile repair, minor.
      8.   Automobile sales dealership.
      9.   Bakery, in which the manufacture of goods is limited to goods retailed on the premises only.
      10.   Bicycle store - retail, rental and repair.
      11.   Billiard and pool hall.
      12.   Book and stationary store.
      13.   Business machine store.
      14.   Camera store.
      15.   Candy and confectionery store.
      16.   China and glassware store.
      17.   Dairy products store.
      18.   Delicatessen.
      19.   Department store.
      20.   Drapery store.
      21.   Drive-in uses, when accessory to a permitted use.
      22.   Drug store.
      23.   Dry goods store.
      24.   Floral shop.
      25.   Floor coverings, including rugs and carpets.
      26.   Furniture store.
      27.   Gift shop.
      28.   Grocery and food store.
      29.   Hardware store.
      30.   Hobby shop.
      31.   Ice cream store.
      32.   Jewelry store.
      33.   Leather goods and luggage store.
      34.   Linoleum and tile store.
      35.   Locksmith.
      36.   Meat market.
      37.   Merchandising machines, sale of products.
      38.   Music store.
      39.   Newsstand.
      40.   Office supplies and stationary store.
      41.   Paint and wallpaper store.
      42.   Pet shop.
      43.   Radio and television sales.
      44.   Record shop.
      45.   Restaurants.
      46.   Shoe store.
      47.   Sporting goods store.   
      48.   Tobacco shop.   
      49.   Toy store.
      50.   Variety store.
   B.   Personal service establishments which perform services on the premises:
      1.   Beauty parlor.
      2.   Dry cleaner.
      3.   General minor repair or fix-it-shop, excluding automobile repair.
      4.   Interior decorating shop.
      5.   Laundry.
      6.   Meeting hall.
      7.   Tailor or dressmaker.
      8.   Travel bureau.
      9.   Undertaking establishment and funeral parlor.
   C.   Business service establishments:
      1.   Banks.
      2.   Bowling alley.
      3.   Business and management consultants.
      4.   Business office.
      5.   Chamber of Commerce.
      6.   Charitable organization.
      7.   Civic association.
      8.   Credit agency.
      9.   Currency exchange.
      10.   Employment agency.
      11.   Financial institution.
      12.   Insurance agency.
      13.   Investment carrier.
      14.   Investment company.
      15.   Labor union and organization.
      16.   Loan agency.
      17.   Mail order house.
      18.   Merchants association.
      19.   News syndicate.
      20.   Newspaper office.
      21.   Parking lot, commercial.
      22.   Picture framing.
      23.   Professional membership association.
      24.   Radio and television service and repair.
      25.   Real estate office.
      26.   Savings and loan.
      27.   Security and commodity broker.
      28.   Social service and fraternal association.
      29.   Trade association.
      30.   Theater, indoor only.
      31.   Video rental establishments, including repair of video equipment.
   D.   Professional office establishments:
      1.   Accounting, auditing and bookkeeping.
      2.   Artists and industrial designers.
      3.   Attorney and law office.
      4.   Chiropractor's office.
      5.   Dentist's office.
      6.   Doctor's, surgeon's and/or physician's office.
      7.   Engineering and architectural services.
      8.   Laboratories - medical and dental.
      9.   Land Surveyors.
      10.   Medical and dental clinics.
      11.   Optician's office.
      12.   Osteopath's office.
      13.   Private clinic.
      14.   Professional consultants.
      15.   Professional offices.
      16.   Scientific research agencies.
   E.   Public, quasi-public and governmental buildings and facilities:
      1.   Churches.
      2.   Essential services (as defined in Section 2 of this Title).
      3.   Museum, art gallery.
      4.   Office building.
      5.   Post office.
      6.   Public utility establishment.
   F.   Retail businesses-alcohol sales and consumption, as permitted by the Liquor Commissioner.
   G.   Other uses similar to the above listings as approved by the Zoning Official.

10-6A-4: SPECIAL USES PERMITTED:

The following uses shall be permitted only if specifically authorized by the Board as allowed in Chapter 12 of this Title.
   A.   Nursery school, day nursery, and child care center.
   B.   Residence when on the second floor of a commercial establishment.
   C.   Drive-in banking and saving and loan facilities.
   D.   Drive-in restaurants.
   E.   Bars, taverns, and cocktail lounges as permitted by the Liquor Commissioner.

10-6A-5: TEMPORARY USES PERMITTED:

Upon application to and issuance by the Zoning Official of a permit, the following uses may be operated as temporary uses:
   A.   Temporary building, trailer or yard for construction materials and/or equipment, both incidental and necessary to construction in the Zoning District. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location.
   B.   Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than five (5) successive periods at the same location.
   C.   Christmas tree sales, each such permit shall be valid for a period of not more than sixty (60) days.
   D.   Parking lot designated for a special event; provided, however, that each permit shall be valid only for the duration of the designated special event.
   E.   Temporary mobile signs as provided in Chapter 11 of the Title.

10-6A-6: ACCESSORY USES PERMITTED:

Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same zoning lot, and do not include structures or features inconsistent with the permitted use or special use.

10-6A-7: PROHIBITED USES:

All uses not expressly authorized in Sections 10-6A-3 through 10-6A-6, inclusive.

10-6A-8: SITE AND STRUCTURE REQUIREMENTS:

   A.   Minimum Lot Area: Five thousand (5,000) square feet of separate ground area shall be provided for each parcel containing a permitted or special use.
   B.   Minimum Lot Frontage: A minimum lot frontage of fifty (50) feet shall be provided for each parcel used for a permitted or special use.
   C.   Yards:
      1.   Front Yard: All structures shall be set back the same distance as the setback from the front lot line as the structures located on adjacent parcels and as approved by the Zoning Official.
      2.   Side Yard: No side yards shall be required. However, adequate provision for maintenance of side walls and internal vehicular circulation shall be made.
      3.   Rear Yard: All structures shall be set back at least ten (10) feet from the rear lot line.
   D.   Maximum Height: No structure or portion thereof shall exceed a height of thirty five (35) feet.
   E.   Floor Area Ratio: Not to exceed two hundred percent (200%).

10-6A-9: SPECIAL PROVISIONS:

   A.   Outdoor Storage: No outdoor storage shall be permitted.
   B.   Parking Requirements: In accordance with the applicable regulations set forth in Chapter 10 of this Title.
   C.   Sign Requirements: In accordance with the applicable regulations set forth in Chapter 11 of this Title.
   D.   Scope of Operations: All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced.
   E.   Screening: Where a commercial or office use abuts or is across the street from a residential district, adequate screening shall be provided as set forth in Section 10-3-6.

10-6B-1: PURPOSE:

   A.   To promote areas which primarily serve the needs of motorists in a manner conducive to generating business development.
   B.   To promote regulations for highway associated uses through adequately sized parcels of land allowing for setbacks, clear vision and safe ingress and egress.

10-6B-2: POLICY:

To achieve the purpose of the C-2 District, it shall be the policy of the Village to:
   A.   Promote the grouping of C-2 uses to major thoroughfares and to discourage the hazards to safety and nuisance of traffic congestion along public streets.
   B.   Require adequate off-street parking and limited access to road through the use of frontage roads.

10-6B-3: USES PERMITTED:

No land shall be used or occupied and no building enlarged, occupied, or used, except as otherwise provided in this Title, for other than one or more of the following specified uses:
   A.   Any use allowed in the C-1 Traditional Downtown District.
   B.   Retail business, which supply commodities on the premises:
      1.   Agriculture implement sales and service.
      2.   Automobile accessories, parts, and supplies stores.
      3.   Automobile service station.
      4.   Building services and supplies.
      5.   Camper sales.
      6.   Drive-in uses when accessory to a permitted use.
      7.   Restaurants.
      8.   Motor vehicle dealer and motor home dealer.
      9.   Motorcycle sales.
      10.   Tire, battery, and accessory dealer.
      11.   Used car lot.
   C.   Business service establishment which perform services on the premises:
      1.   Automobile diagnostic center or clinic.
      2.   Automobile repair, minor.
      3.   Automobile undercoating establishment.
      4.   Equipment rental and leasing service.
      5.   Lawn mowing repair service.
      6.   Motorcycle service and repair.
   D.   Public, quasi-public and governmental buildings and facilities:
      1.   Public, quasi-public and governmental buildings and facilities permitted in the C-1 District.
      2.   Ambulance service.
      3.   Essential services, as defined.
      4.   Public service or Municipal fifty percent (50%) of the retail sales of the establishment.
      5.   Package liquor sales.
      6.   Other uses similar to the above listings garage.
   E.   Retail business - alcohol sales and consumption, subject to approval by the Liquor Commissioner:
Ancillary use in restaurants. Establishments serving meals in a permanent building other than "drive-ins" with the serving of alcohol drinks from only a service bar as an ancillary use not exceeding fifty percent (50%).
   F.   As approved by the Zoning Official.

10-6B-4: SPECIAL USES PERMITTED:

The following uses shall be permitted only if specifically authorized by the Board as allowed in Chapter 12 of this Title:
   A.   Residence, secondary to the business use of the premises and not located below the second floor above ground level of the building.
   B.   Drive-in restaurants, drive-in banks, and other drive-in uses when acting as a primary use in itself and not accessory to a permitted or special use.
   C.   Automobile laundry or car wash.
   D.   Automotive repair, major.
   E.   Outdoor storage. All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence, wall, or plant materials adequate to conceal such facilities from adjacent properties and the public right-of-way.
   F.   Commercial recreational uses.
   G.   Lumber yard.
   H.   Mobile home dealer.
   I.   Bars, taverns, and cocktail lounges as approved by the Liquor Commissioner.
   J.   Mini warehouses for private storage.

10-6B-5: TEMPORARY USES PERMITTED:

Upon application to and issuance by the Zoning Official of a permit, the following uses may be operated as temporary uses:
   A.   C-1 District temporary permitted uses.

10-6B-6: ACCESSORY USES PERMITTED:

Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same permitted use or special use.

10-6B-7: PROHIBITED USES:

All uses not expressly authorized in Section 10-6B-3 through 10-6B-6, inclusive.

10-6B-8: SITE AND STRUCTURE REQUIREMENTS:

   A.   Minimum Lot Area: Forty thousand (40,000) square feet of separate ground area shall be provided for each parcel used for a permitted or special use.
   B.   Minimum Lot Frontage: A minimum lot frontage of eighty (80) feet shall be provided for each parcel used for a permitted or special use. Comer lots shall have a minimum of one hundred (100) feet of lot width.
   C.   Yards:
      1.   Front Yard: All structures shall be set back at least thirty (30) feet from the front lot line.
      2.   Side Yard: All structures shall be set back at least five (5) feet from the side lot line.
      3.   Rear Yard: All structures shall be set in from the rear lot line a distance of not less than fifty (50) feet.
      4.   Transitional Yards: Where properties in the C-2 District are adjoining other zoning districts or across road right-of-way from other zoning districts, the required yards shall be at least equal in dimension to the adjoining yards in the adjoining district(s) or the front yards in the district(s) separated from the property by road right-of-way. Where yards in the C-2 District exceed the requirements of the adjoining district(s), the yards of the C-2 District shall apply.
   D.   Maximum Height: No structure or portion thereof, shall exceed a height of thirty five (35) feet, and no accessory structure shall exceed fifteen (15) feet in height.
   E.   Floor Area Ratio: Not to exceed one hundred percent (100%).

10-6B-9: SPECIAL PROVISIONS:

   A.   Outdoor Sales: All outdoor sales space shall be provided with a permanent durable concrete or asphalt surface, and shall be graded and drained as to dispose of all surface water.
   B.   Parking Requirements: In accordance with the applicable regulations set forth in Chapter 10 of this Title.
   C.   Sign Requirements: In accordance with the applicable regulations set forth in Chapter 11 of this Title.
   D.   Waste Materials: No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.
   E.   Screening: Where a commercial or office use abuts or is across the street from a residential district, adequate screening shall be provided as set forth in Section 10-3-6.