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Hoffman Estates City Zoning Code

ARTICLE 8

- BUSINESS DISTRICTS

Sec. 9-8-1. - B-1 Neighborhood Business District.

A.

Legislative Intent. The purpose of the B-1 Neighborhood Business District is to provide areas for a limited range of business establishments which will offer convenience goods and services to residents located in the general vicinity of the district.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the B-1 Neighborhood Business District under the conditions specified. No building or lot shall be devoted to any uses other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code;

b.

Special uses allowed in accordance with the provisions of Section 9-8-1-C.

2.

The following uses are permitted in the B-1 Neighborhood Business District:

a.

Bakeries, where all goods are sold on the premises at retail.

b.

Barber shops and beauty parlors, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

c.

Business, music, dance or commercial schools.

d.

Drug stores.

e.

Electrical appliance shops and repair.

f.

Financial institutions, where the use is located within a larger permitted business, or where the use occupies 50 percent or less of the floor area of a multi-tenant building.

g.

Florist shops and greenhouses for retail trade only.

h.

Game area.

i.

Games, common business.

j.

Grocery, fruit or vegetable stores.

k.

Hardware store.

l.

Launderettes, Laundromats, and dry cleaners that transport dry goods off-site to be dry cleaned at a separate facility.

m.

Meat market or poultry store, if no slaughter or stripping is involved.

n.

Medical and dental laboratories and clinics.

o.

Pet shop.

p.

Post offices.

q.

Professional or service offices.

r.

Public libraries.

s.

Radio and television sales and service.

t.

Restaurants.

u.

Retail stores, and services, but expressly excluding those uses listed in B-2 and M Districts.

v.

Shoe repair shops.

w.

Tailor and dressmaking shops.

x.

Telephone exchanges including service center, commercial offices and uses accessory and related thereto.

y.

Tanning salons, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

z.

Municipal buildings and uses.

aa.

Accessory uses including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, pools, fountains and bridges.

(3)

Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

(4)

Storage of building materials (during course of construction only).

(5)

Temporary buildings for construction purposes only in accordance with the provisions of Section 9-3-10.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the B-1 Neighborhood Business District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the B-1 Neighborhood Business District:

1.

Automobile service stations:

a.

Servicing or oiling, greasing, tire repair, installation and replacement of parts, but not automobile body repair as defined in this Code, is permitted.

b.

The storage of unlicensed and/or unregistered vehicles and/or trailers for more than 48 hours shall not be allowed.

c.

Towing and road service is permitted.

d.

Village licensed coin-operated vending units are permitted.

e.

Only one motor fuel tank truck may be on the premises for the purpose of motor fuel delivery, provided said vehicle shall not remain on the premises for a period to exceed four hours.

f.

During all business hours, an automobile service station shall have on premises a minimum of one station attendant.

g.

There shall be provided behind the setback lines of the service station adequate parking facilities for employee vehicles, customer vehicles and vehicles used in the normal operation of the service station.

h.

Public restrooms shall be provided.

i.

Outdoor display may be provided subject to a permit from the Department of Development Services and the following conditions:

(1)

Outdoor display activities shall be located behind the setback lines in accordance with the provisions of the applicable zoning district or any required aisles.

(2)

The outdoor display area shall be defined on a site plan.

(3)

No outdoor display area shall exceed 100 square feet in surface area nor four feet in height.

(4)

In no case shall outdoor display areas block building windows or doors.

(5)

The storage of flammable materials shall be in accordance with the Village Code. Such storage shall be screened from general public view. Propane enclosures shall be stored a minimum of five feet from any building doorway and 20 feet from any fueling operation.

(6)

Shall meet all requirements of Section 8-11-2 (Special Events Licenses) of the Municipal Code.

j.

The use of outdoor speaker systems, paging devices, or other similar communication systems may be permitted, as provided in Section 10-5-3-O of the Village Subdivision Code.

2.

Health clubs, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

3.

Nursery schools and day care centers.

4.

Public utility or public service use.

5.

Animal hospitals and veterinary clinics, including boarding or kennels within the principle building.

6.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a B-1 Neighborhood Business District, the parcel shall contain an area of three acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area shall be 10,000 square feet.

3.

Lot Width. The minimum lot width shall be 70 feet measured at the building line.

4.

Front Yard. The minimum front yard setback shall be 30 feet.

5.

Side Yard. There shall be no minimum side yard setback provided, however, the minimum yard requirement for any side yard adjacent to a street shall be 30 feet. Where the side yard of a zoning lot within the B-1 Neighborhood Business District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street, such side yard shall be the same as required in the adjoining district.

6.

Rear Yard. The minimum rear yard setback shall be 20 feet.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.45.

E.

Outside Storage Regulations. The sale, servicing, storage and display of goods and/or materials shall be conducted within completely enclosed buildings, unless otherwise provided for herein. The following activities and uses are exempt from this requirement:

1.

Those uses and activities specifically designated and approved by the Village of Hoffman Estates for the outdoor display and/or sale of products or materials.

2.

Those uses and activities established in accordance with the provisions of Chapter 8, Section 8-7-17 of the Municipal Code of the Village of Hoffman Estates.

3.

Automotive service stations, in accordance with the provisions of Chapter 9, Section 9-8-1-C-1-(i) of the Municipal Code of the Village of Hoffman Estates.

F.

Height Regulations. No portion of any building or structure in a B-l Neighborhood Business District shall exceed 35 feet in height. The maximum height for antennas and communications towers shall be in accordance with Section 9-3-9.

G.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

General Regulations. For additional regulations and requirements pertaining to the B-1 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4350-2013, § 9, 1-14-13)

Sec. 9-8-2. - B-2 Community Business District.

A.

Legislative Intent. The purpose of the B-2 Community Business District is to provide areas for a broad range of business establishments which offer goods and services to residents of the entire community.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the B-2 Community Business District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-8-2-C

2.

The following uses are permitted in the B-2 Community Business District:

a.

Any of the permitted uses in the B-1 Neighborhood Business District.

b.

Agricultural implement sales and service conducted as one integrated business operation.

c.

Building material, remodeling supply, or decorating supply sales, display, service and offices, including paint, plumbing, HVAC, roofing, electrical, kitchen and bath, lighting, windows and siding, and other similar construction products, where the principle us is not for a warehouse, assembly or fabricating facility.

d.

Auditoriums.

e.

Automobile sales and service shop conducted as one integrated business operation located on parcels not less than two acres in size.

f.

Automobile service repair.

g.

Battery and tire service stations within an enclosed building.

h.

Beverage distributors, but not including bottling plants.

i.

Bowling alleys.

j.

Catering establishments.

k.

Department, furniture and home appliance stores.

l.

Employment agencies.

m.

Garages, public, for storage of private passenger automobiles, but not including repair service.

n.

Laundry facilities for not more than 1,000 pounds of dry goods per day.

o.

Printing, publishing and issuing of newspaper, periodicals, books and other reading matter.

p.

Printing shops.

q.

Restaurants.

r.

Theaters, indoor (not including outdoor motion picture theaters).

s.

Wholesale establishments excluding a building whose principle use is for a storage warehouse.

t.

Municipal buildings and uses.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the B-2 Community Business District subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the B-2 (Community Business) District:

1.

Automobile service stations.

2.

Game rooms, restaurant.

3.

Game rooms, dart playing facility.

4.

Motels and hotels.

5.

Nursery schools or day care centers.

6.

Public utility or public service uses.

7.

Gun shops and the sale of guns in a permitted retail establishment.

8.

Resale stores, or permitted retail establishments in which resale of goods accounts for more than ten percent of the floor space.

9.

All other uses not heretofore cited in Sections 9-8-1-B (Permitted Uses in B-1); 9-8-1-C (Special Uses in B-1); 9-8-2-B (Permitted Uses in B-2); and 9-8-2-C.

10.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

11.

Planned Development in accordance with Section 9-1-18A.

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a B-2 Community Business District, the parcel shall contain an area of five acres or more under single ownership and/or control.

2.

Lot Area. The minimum lot area shall be 10,000 square feet.

3.

Lot Width. The minimum lot width shall be 70 feet measured at the building line.

4.

Front Yard. The minimum front yard setback shall be 20 feet.

5.

Side Yard. There shall be no minimum side yard setback provided, however, the minimum yard requirement for any side yard adjacent to a street shall be 20 feet. Where the side yard of a zoning lot within the B-2 Community Business District adjoins the side or rear yard of a lot in a residential or apartment district without an intervening street, such side yard shall be the same as required in the adjoining district.

6.

Rear Yard. The minimum rear yard setback shall be 20 feet.

7.

Floor Area Ratio. The floor area ratio shall not exceed 0.45.

E.

Outside Storage Regulations. The sale, servicing, storage, and display of goods and/or materials shall be conducted within completely enclosed buildings, unless otherwise provided for herein. The following activities and uses are exempt from this requirement.

a.

Those uses and activities specifically designated and approved by the Village of Hoffman Estates for the outdoor display and/or sale of products or materials.

b.

Those uses and activities established in accordance with the provisions of Chapter 8, Section 8-7-17 (Seasonal Outdoor Sales) of the Municipal Code of the Village of Hoffman Estates.

F.

Height Regulations. No portion of any building or structure in a B-2 Community Business District shall exceed 45 feet in height. The maximum height for antennas and communications towers shall be in accordance with Section 9-3-9.

G.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

General Regulations. For additional regulations and requirements pertaining to the B-2 District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 5018-2023, § 4, 4-17-23)

Sec. 9-8-3. - C-MU Commercial Mixed-Use District.

A.

General.

1.

Legislative Intent. The C-MU, Commercial-Mixed-Use District is a dual-purpose zoning classification that is intended to accommodate either (1) moderate- to high-intensity business and commercial development or (2) moderate- to high-intensity, mixed-use development. The district is intended to be applied only to large sites that are easily accessible from major transportation facilities. The business and commercial uses allowed within the C-MU District are intended to serve a neighborhood, community and/or regional market.

2.

Applicability; Locational Criteria. Property may be classified in the C-MU district only if, at the time it is so classified, if:

a.

Is located within one and one-half miles of a Northwest Tollway full interchange (measured from the centerline of the nearest entrance/exit ramp);

b.

Is located within three-quarters of one mile of the intersection of two or more state-maintained roads; and

c.

Complies with the minimum site area standards of Section 9-8-3-A.3.

3.

Minimum Area of District. Property may be classified in the C-MU District only if, at the time the property is classified, the property, and any right-of-way that is within, divides, or is adjacent to, such property, contains at least 60 acres. Without limiting the preceding sentence, property that is less than 60 acres in size may be classified in the C-MU District if it is contiguous with, or separated only by street right-of-way from, an existing C-MU District.

4.

Development Options.

a.

Property within the C-MU District may be developed in accordance with either the commercial development option of subsection 9-8-3-B or the mixed-use development option of subsection 9-8-3-C, but not both.

b.

Property within the C-MU District may be developed only after such development has been approved in accordance with the approval procedures of Section 9-8-3-A.5.

5.

Approval Procedure.

a.

Property in the C-MU District may be developed only after such development has been approved in accordance with the applicable site plan/subdivision plat approval procedures found in Article 2 of the Village Subdivision Code.

b.

The applicant for site plan or subdivision plat approval shall designate the development option under which the property will be developed when an application for site plan or subdivision plat approval is submitted to the Village.

c.

If property is proposed to be developed in phases, the applicant, with its application for site plan or subdivision plat approval shall submit a concept plan for all of the property. Such concept plan must identify the projected schedule for submitting site plans/subdivision plats for subsequent project phases, proposed land uses for subsequent phases and the general arrangement of major utilities and vehicular circulation routes within the property as a whole.

B.

Commercial Development Option.

1.

Description. The commercial development option is intended to accommodate moderate to high-intensity retail and commercial development, typically in the form of shopping centers or concentrations of stand-alone retail businesses that are planned and designed as part of a unified development.

2.

Permitted Uses.

a.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted under the commercial development option of the C-MU District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

(1)

Uses lawfully established on the effective date of this Code; and

(2)

Special uses allowed in accordance with the provisions of Section 9-8-3-B-3.

b.

The following uses are permitted under the commercial development option of the C-MU District:

(1)

Art galleries;

(2)

Automobile sales and service that are conducted as one integrated business operation and are located on lots with a minimum area of at least four acres;

(3)

Automobile, battery and tire repair services that are conducted completely within enclosed buildings;

(4)

Bakeries, retail;

(5)

Barber shops and beauty shops, provided no more than 20 percent of the customer-accessible floor space shall be used for massage services;

(6)

Bookstores;

(7)

Business, music, dance or commercial schools;

(8)

Clothing stores;

(9)

Department stores;

(10)

Discount retailers;

(11)

Drug stores;

(12)

Electrical appliance sales (including repair);

(13)

Financial institutions, where the use is located within a larger permitted business, or where the use occupies 50 percent or less of the floor area of a multi-tenant building;

(14)

Florist shops and greenhouses for retail sales only;

(15)

Furniture stores;

(16)

Gasoline sales as an ancillary use associated with a retail sales establishment with a gross floor area of 45,000 square feet or more;

(17)

Governmental buildings and uses;

(18)

Grocery stores and retail beverage sales, including food stores, liquor stores and wine stores;

(19)

Hardware stores;

(20)

Home improvement stores, including building material, remodeling supply, and decorating supply sales;

(21)

Offices, including administrative, professional, medical/dental and governmental offices;

(22)

Printing and copying shops;

(23)

Restaurants, not including stand-alone, drive-through restaurants; and

(24)

Other retail stores and services.

3.

Special Uses. Special uses, as hereinafter enumerated, may be allowed under the commercial development option of the C-MU District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed under the commercial development option of the C-MU District:

a.

Animal hospitals and veterinary clinics;

b.

Stand-alone drive-through restaurants;

c.

Game rooms, restaurant;

d.

Game rooms, dart playing facility;

e.

Health clubs;

f.

Hotels and motels;

g.

Personal improvement services offering informational, instructional, personal and similar services of a nonprofessional nature (typical uses include tanning salons, yoga studios, driving schools, and martial arts studios);

h.

Nursery school or day care centers;

i.

Theaters, indoor (not including outdoor motion picture theaters); and

j.

All other public, civic or commercial uses not otherwise listed as a Permitted or Special Use in Sections 9-8-3-B-2 or 9-8-3-B-3.

k.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

l.

Data center.

4.

Accessory Uses. Accessory uses that are customary, incidental and subordinate to allowed principal uses shall be permitted by-right under the commercial development option of the CMU District, provided that such accessory uses are subject to the site plan approval procedures found in Article 2 of the Village Subdivision Code. Permitted accessory uses shall expressly include but are not limited to the following:

a.

Antennas and communication towers;

b.

Architectural or landscaping embellishments, such as fountains, bridges and patios;

c.

Drive-in or drive-through service windows accessory to a permitted or approved special use;

d.

Game area;

e.

Games, common business;

f.

Outdoor seating areas accessory to restaurants;

g.

Parking lots and parking garages;

h.

Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services;

i.

Storage of building materials (during course of construction only); and

j.

Temporary buildings for construction purposes, in accordance with the provisions of Section 9-3-10.

5.

Area Regulations.

a.

Lot Area. The minimum lot area shall be 40,000 square feet, unless otherwise approved at the time of subdivision plat or site plan approval.

b.

Lot Width. The minimum lot width shall be 100 feet.

c.

Front Yard. The minimum front yard setback shall be 20 feet.

d.

Side Yard. No minimum side yard setback is required for common or abutting walls. The minimum side yard in all other cases shall be 20 feet.

e.

Rear Yard. The minimum rear yard setback shall be 20 feet.

f.

Floor Area Ratio. The maximum floor area ratio shall be 0.5.

6.

Outdoor Display and Storage.

a.

The sale, servicing, storage, and display of goods and/or materials shall be conducted within buildings or permanent improved areas, unless otherwise approved at the time of subdivision plat or site plan approval.

b.

Permitted outdoor display areas must be located on private property and may not encroach into required yards (setbacks) or into required landscape areas.

7.

Height Regulations.

a.

The maximum building height shall be 45 feet, provided that the maximum building height for buildings with a gross floor area of more than 45,000 square feet shall be 65 feet.

b.

The maximum height of antennas and communication towers shall be in accordance with Section 9-3-9.

_____

8.

Off-Street Parking.

a.

It is the intent of the Village to ensure that off-street parking is adequate to serve projected demand for off-street parking, while not requiring excessive amounts of parking that would be unsightly, unreasonably increase stormwater runoff, or contribute unnecessarily to the air temperature heating effect associated with large areas of paving (urban heat island effect).

b.

Minimum off-street parking ratios under the commercial development option of the C-MU district are as follows:

Land Use Minimum Parking Ratio
Offices 3.5 spaces per 1,000 square feet
Restaurants
 * Fast food (with or without drive-through) 15 spaces per 1,000 square feet
 * Sit Down "Family" 12.3 spaces per 1,000 square feet
 * Quality (hour or more stay) 18 spaces per 1,000 square feet
Other Allowed Uses See Section 10-5-2-B of the Subdivision Ordinance and Section 9-3-2-B of this Ordinance

 

_____

c.

Reductions or increases in required parking may be approved by the Village as part of the site plan approval process based on research and/or parking demand studies provided by the applicant for site plan approval. In evaluating requests for reductions of increases or alternative parking ratios, the Village Board of Trustees shall accord significant weight to customary and usual studies and evidence provided by the applicant, including but not limited to the following:

(1)

Differences in peak operating hours among uses;

(2)

Opportunities for shoppers to park once and visit multiple destinations within the development;

(3)

Existing and projected transit service;

(4)

Opportunities for peak parking demand for uses on outlots to be met by nearby parking spaces within a shopping center's common parking areas;

(5)

Opportunities for different land uses, owners or tenants to share the supply of off-street parking; and

(6)

Median and average parking demand for similar developments, based on data to be provided by the applicant.

9.

General Regulations. For additional regulations and requirements pertaining to development under the CMU commercial development option see Article 3 of this Code (General Requirements and Procedures Applicable within Various Districts).

10.

Signs.

a.

Unless otherwise expressly stated in this Section 9-8-3, development under the commercial development option of the C-MU District shall be subject to the general sign standards applicable to B-2 Districts under Section 9-3-8 and the specific Business District sign standards applicable to B-2 Districts under Section 9-3-8.

b.

Exceptions and modifications to the general sign standards of Section 9-3-8 and the specific Business District sign standards of Section 9-3-8.M.10 may be authorized by the Village Board only in accordance with the Master Sign Plan procedures of Section 9-8-3-B-11.

11.

Master Sign Plans.

a.

If an applicant for site plan approval desires to obtain approval of a Master Sign Plan, the applicant shall submit such an application with the application for site plan approval. The application for Master Sign Plan approval shall be reviewed by the Department of Development Services and the Planning and Zoning Commission, which shall make a recommendation to the Village Board of Trustees.

b.

The Master Sign Plan must include all parcels within the site plan for the property and, if the property is being developed in phases, all parcels depicted in the concept plan, if a concept plan is required pursuant to Section 9-8-3-A-5-c, and include a narrative and graphic explanation of the following:

(1)

Number, location, type and placement of signs on the subject property;

(2)

Sign materials and methods of illumination;

(3)

Height and size of signs and sign band areas; and

(4)

Colors and letter/graphic styles.

c.

The Village Board of Trustees shall act to approve, approve with conditions or deny the application for Master Sign Plan approval.

d.

The Village Board of Trustees is authorized to approve the Master Sign Plan if it determines that implementation of the Master Sign Plan will:

(1)

Result in architecture and graphics of a scale appropriate for the subject development and the surrounding area;

(2)

Provide signage consistent with the site plan and architecture of the proposed project;

(3)

Avoid visual clutter;

(4)

Allow consumers to readily identify establishments offering goods and services to meet their needs, while addressing the community's need for attractive, unobtrusive architecture and commercial graphics; and

(5)

Result in a unified theme of signage for the project.

e.

Changes to the text of a sign and to business or other logos depicted on a sign, may be approved pursuant to the sign permit process provided for in Section 9-3-8-A. No other change to a sign included in a Master Sign Plan shall be made except as prescribed in the approved Master Sign Plan or as approved by the Village Board of Trustees in accordance with the Master Sign Plan approval procedures of subsection 9-8-3-B-11.a.

12.

Design Guidelines and Standards. If the Village enters into an annexation agreement or a development agreement that governs the development of a parcel of property within the C-MU District, the Village Board may approve, and incorporate in such agreement, Design Guidelines and Standards that are consistent with this Section 9-8-3.B and that apply to the development of such property. When so adopted and incorporated, unless stated otherwise in such an agreement, the Design Guidelines and Standards will control over any conflicting provisions of the Village Code. Review for compliance with adopted Design Guidelines and Standards shall occur during the site plan/subdivision plat approval process. Such agreements must be available for public inspection in the office of the Village Clerk or the Development Services Department.

C.

Mixed-Use Development Option.

1.

Description. The mixed-use development option is intended to accommodate a mixture of complementary land uses including housing, retail, offices, commercial services, and public/civic uses. Other specific purposes of the mixed-use development option include:

a.

Creating high-quality living, working and shopping opportunities in a traditional town center environment;

b.

Promoting economic and social vitality;

c.

Promoting commercial and mixed-use areas that are safe, comfortable and attractive to pedestrians;

d.

Encouraging linked, multi-purpose automobile trips;

e.

Providing flexibility in the siting and design of new developments to anticipate changes in the marketplace;

f.

Reinforcing streets as public places that encourage safe pedestrian and bicycle travel;

g.

Providing roadway and pedestrian connections to residential areas;

h.

Providing appropriate transitions between high traffic streets and surrounding residential areas;

i.

Encouraging efficient land use by facilitating compact development and minimizing the amount of land devoted to surface parking;

j.

Facilitating development that supports public transit, where applicable, by providing for suitable land use mix, density, and design; and

k.

Maintaining safe and efficient traffic circulation.

2.

Permitted Uses.

a.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted under the mixed-use development option of the C-MU District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

(1)

Uses lawfully established on the effective date of this Code; and

(2)

Special uses allowed in accordance with the provisions of Section 9-8-3-C-3.

b.

The following uses are permitted:

(1)

Animal hospitals/veterinary clinics without overnight boarding;

(2)

Animal grooming facilities without overnight boarding;

(3)

Animal training facilities without overnight boarding;

(4)

Art galleries;

(5)

Artisan and light manufacturing and production, including the use of light equipment or machinery, hand-tools, mechanical tools and electronic tools for the manufacture of semi-finished or finished products including design, processing, fabrication, assembly, treatment and packaging of said products; as well as the incidental storage, sales and distribution of such products, wherein such distribution requires a low level of trucking access typical of standard retail, office, or general service establishments;

(6)

Bakeries, retail;

(7)

Barber shops and beauty shops, provided no more than 20 percent of the customer-accessible floor space shall be used for massage services;

(8)

Bookstores;

(9)

Business, music, dance or commercial schools;

(10)

Clothing stores;

(11)

Department stores;

(12)

Discount retailers;

(13)

Drug stores;

(14)

Dwelling—Multiple, including single-purpose residential buildings and condominiums above retail or other nonresidential space;

(15)

Dwelling—One-family attached;

(16)

Dwelling—Two-family;

(17)

Electrical appliance sales (including repair);

(18)

Financial institutions, where the use is located within a larger permitted business, or where the use occupies 50 percent or less of the floor area of a multi-tenant building.

(19)

Florist shops and greenhouses for retail sales only;

(20)

Furniture stores;

(21)

Governmental buildings and uses;

(22)

Grocery stores and retail beverage sales, including food stores, liquor stores and wine stores;

(23)

Hardware stores;

(24)

Health clubs;

(25)

Home improvement stores, including building material, remodeling supply, and decorating supply sales;

(26)

Hotels;

(27)

Indoor entertainment uses including miniature golf, golf simulators, laser tag, arcades, escape rooms, or similar;

(28)

Nursery/private school/day care with no overnight boarding;

(29)

Offices, including administrative, professional, medical/dental and governmental offices;

(30)

Personal improvement services (tanning salons, yoga studios, martial arts studios, etc.);

(31)

Pet supply stores with accessory animal training;

(32)

Printing and copying shops;

(33)

Research and development facilities;

(34)

Restaurants;

(35)

Theaters, indoor (not including outdoor motion picture theaters); and

(36)

Other retail stores and services.

3.

Special Uses. Special uses, as hereinafter enumerated, may be allowed under the mixed-use development option of the C-MU District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed under the mixed-use development option of the C-MU District:

a.

Game rooms, restaurant;

b.

Game rooms, dart playing facility;

c.

Light self-storage facilities, including ancillary truck and trailer rentals, when located within a multi-tenant building, provided that such uses cumulatively occupy no more than five percent of the total gross floor area of the building. Outdoor storage of trucks and trailers is only permitted when approved through the site plan process in Section 10-2-2 of the Village Code.

d.

Light self-storage facilities, including ancillary truck and trailer rentals, when located within a stand-alone building. Outdoor storage of trucks and trailers is only permitted when approved through the site plan process in Section 10-2-2 of the Village Code;

e.

All other public, civic or commercial use not otherwise listed as a permitted or special use in paragraphs 2. or 3. of this subsection C.

f.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

g.

Data center.

4.

Accessory Uses. Accessory uses that are customary, incidental and subordinate to allowed principal uses shall be permitted by-right under the mixed-use development option of the CMU District, provided that such accessory uses are subject to the site plan approval procedures found in Article 2 of the Village Subdivision Code. Permitted accessory uses shall expressly include but are not limited to the following:

a.

Antennas and communication towers;

b.

Architectural or landscaping embellishments, such as fountains, bridges and patios;

c.

Game area;

d.

Games, common business;

e.

Outdoor seating areas accessory to restaurants;

f.

Parking lots and parking garages;

g.

Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services;

h.

Storage of building materials (during course of construction only); and

i.

Temporary buildings for construction purposes, in accordance with the provisions of Section 9-3-10.

_____

5.

Area Regulations.

a.

Bulk and Dimensional Standards.

(1)

Dwelling—One-Family Attached. One-family attached dwellings shall comply with the following bulk and dimensional standards:

Minimum Setbacks
(feet)
Building Type Minimum Lot Width (ft) Front/Street Side Common/Abutting Walls End Walls Rear Maximum Height (ft) Minimum Habitable Floor Area (sq. ft.)
One-family attached dwellings on lots with depth of 80 feet or less 20 10 0 7[1] 0 45 1,400
One-family attached dwellings on lots with depth greater than 80 feet 20 10 0 7[1] 20 42 1,400

 

[1]

End walls are exterior walls that are generally parallel to party walls and that do not adjoin or abut another one-family attached dwelling. The setback for end walls is eight feet if one or more of the one-family attached dwellings includes a front-loaded garage.

(2)

Dwelling—Two-Family. Two-family dwellings shall comply with the following bulk and dimensional standards:

Minimum Setbacks
(feet)
Building Type Minimum Lot Area (sq. ft.) Minimum Lot Width Front/Street Side Side Rear Maximum Height (ft) Minimum Habitable Floor Area (sq. ft.)
Two-family 4,400 40 10 4 20 38 1,400

 

(3)

Dwelling—Multiple. Multiple dwellings shall comply with the following bulk and dimensional standards:

Minimum Setbacks
(feet)
Building Type Minimum Lot Area (sq. ft.) Minimum Lot Width Front/Street Side Side Rear Maximum Height (ft) Minimum Habitable Floor Area (sq. ft.)
Multiple dwelling (up to 45 feet in height) 5,500 50 10[1] 7 20 45 600
Multiple dwelling (more than 45 feet in height) 10,000 100 15[1] 10[2] 20 125 600

 

[1]

No front/street side setback required for residential units above ground-floor nonresidential space (mixed-use buildings).

[2]

Plus one foot of additional setback per each three feet of building height above 42 feet on sides abutting lots containing one-family attached dwellings.

(4)

Uses Other than Dwellings. All uses other than dwellings shall comply with the following bulk and dimensional standards:

Minimum Setbacks (feet)
Building Type Minimum Lot Area (sq. ft.) Minimum Lot Width Front/Street Side Side Rear Maximum Height (ft)
Nonresidential 5,500 50 0 0 0 65

 

_____

(5)

General Standards.

(a)

The Village Board of Trustees shall be authorized to prescribe the minimum lot area for all Special Uses.

(b)

The maximum height of antennas and communication towers shall be in accordance with Section 9-3-9.

(c)

All principal buildings and accessory parking facilities shall be set back at least 20 feet from state and county road rights-of-way. All principal buildings shall be set back at least 20 feet from any railroad right-of-way, provided that garages and non-habitable accessory buildings are not subject to minimum setbacks from railroad rights-of-way.

(d)

Garages that are accessed from alleys shall be set back at least two and one-half feet from the rear property line.

(e)

A porch that is covered entirely by a roof that is constructed of materials compatible with those used on the principal structure shall be subject to the setback of the principal structure, or extend up to 6 feet from the principal structure, whichever permits the larger porch.

(f)

Detached garages and other accessory buildings shall be allowed within required rear setbacks, except:

(1)

detached garages and other accessory buildings shall occupy no more than 480 square feet or 60% of the area of the rear yard, whichever is greater; and

(2)

detached garages must be separated from one-story principal buildings by a distance of at least 12 feet and from 2 or more-story principal buildings by a distance of at least 15 feet. Garages attached to principal buildings by a permanent enclosure are not subject to the minimum separation distance requirement of this paragraph.

(g)

Garages that are accessed from alleys are expressly exempt from the driveway spacing standards of Section 10-5-4 of the Village Subdivision Ordinance.

(h)

When a lot occupied by 3 or fewer dwelling units has direct vehicular access to an alley, no curb cut to an abutting public or private street shall be allowed from such lot.

b.

Floor Area Ratio. The total combined floor area ratio of all uses (nonresidential plus residential) within a C-MU mixed-use development shall not exceed 1.2. The total combined floor area ratio of all residential uses within such a mixed-use development shall not exceed 1.0. These FAR limitations apply to the gross area of a mixed-use development, not to individual buildings or individual site plans for phases within a mixed-use development.

6.

Outdoor Display and Storage.

a.

The sale, servicing, storage, and display of goods and/or materials shall be conducted within buildings or permanent improved areas, except as otherwise approved as part of the site plan or subdivision plat approval process.

b.

Permitted outdoor display areas must be on private property and may not encroach into required yards (setbacks) or into required landscape areas.

_____

7.

Off-Street Parking.

a.

It is the intent of the Village to ensure that off-street parking is adequate to serve projected demand for off-street parking, while not requiring excessive amounts of parking that would be unsightly, unreasonably increase stormwater runoff, or contribute unnecessarily to the air temperature heating effect associated with large areas of paving (urban heat island effect).

b.

Minimum off-street parking ratios for residential uses under the mixed-use development option of the C-MU district are as follows:

Use/Building Type Minimum Parking Ratio
Residential
 * One-family attached 2 spaces per dwelling unit
 * Two-family 2 spaces per dwelling unit
 * Multiple dwelling 1.5 spaces per dwelling unit

 

_____

c.

Minimum off-street parking ratios for nonresidential uses under the mixed-use development option of the C-MU District shall be determined by the Village Board at the time of site plan approval based on parking studies and data to be provided by the applicant for site plan approval. Such studies and data shall identify parking ratios used in similar types of mixed-use, pedestrian-oriented developments and the differences, if any, in parking demands of such developments, compared to conventional retail/commercial developments.

d.

In evaluating proposed parking ratios for nonresidential uses, the Village Board of Trustees shall accord significant weight to customary and usual studies and evidence provided by the applicant, including but not limited to the following:

(1)

Differences in peak operating hours among uses;

(2)

Opportunities for shoppers to park once and visit multiple destinations within the development;

(3)

Existing and projected transit service;

(4)

Opportunities for peak parking demand for uses on outlots to be met by nearby parking spaces within the development's common parking areas;

(5)

The availability of on-street parking;

(6)

Opportunities for different land uses, owners or tenants to share the supply of off-street parking; and

(7)

Median and average parking demand for similar developments.

8.

General Regulations. For additional regulations and requirements pertaining to development under the CMU mixed-use development option see Article 3 of this Code (General Requirements and Procedures Applicable within Various Districts).

9.

Signs.

a.

Unless otherwise expressly stated in this Section 9-8-3, development under the mixed-use development option of the C-MU District shall be subject to the general sign standards applicable to B-2 districts under Section 9-3-8 and the specific Business District sign standards applicable to B-2 districts under Section 9-3-8.

b.

Exceptions and modifications to the general sign standards of Section 9-3-8 and the specific Business District sign standards of Section 9-3-8-M-10 may be authorized by the Village Board only in accordance with the Master Sign Plan procedures of Section 9-8-3-C-10.

10.

Master Sign Plans.

a.

If an applicant for site plan approval desires to obtain approval of a Master Sign Plan, the applicant shall submit such an application with the application for site plan approval. The application for Master Sign Plan approval shall be reviewed by the Department of Development Services and Planning and Zoning Commission, which shall make a recommendation to the Village Board of Trustees.

b.

The Master Sign Plan must include all parcels within the site plan for the property and, if the property is being developed in phases, all parcels depicted in the concept plan, if a concept plan is required pursuant to Section 9-8-3-A-5-c, and include a narrative and graphic explanation of the following:

(1)

Number, location, type and placement of signs on the subject property;

(2)

Sign materials and methods of illumination;

(3)

Height and size of signs and sign band areas; and

(4)

Colors and letter/graphic styles.

c.

The Village Board of Trustees shall act to approve, approve with conditions or deny the application for Master Sign Plan approval.

d.

The Village Board of Trustees is authorized to approve the Master Sign Plan if it determines that implementation of the Master Sign Plan will:

(1)

Result in architecture and graphics of a scale appropriate for the subject development and the surrounding area;

(2)

Provide signage consistent with the site plan and architecture of the proposed project;

(3)

Avoid visual clutter;

(4)

Allow consumers to readily identify establishments offering goods and services to meet their needs, while addressing the community's need for attractive, unobtrusive architecture and commercial graphics; and

(5)

Result in a unified theme of signage for the project.

e.

Changes to the text of a sign and to business or other logos depicted on a sign, may be approved pursuant to the sign permit process provided for in Section 9-3-8-A. No other change to a sign included in a Master Sign Plan shall be made except as prescribed in the approved Master Sign Plan or as approved by the Village Board of Trustees in accordance with the Master Sign Plan approval procedures of Section 9-8-3-C-10.a.

11.

Design Guidelines and Standards. If the Village enters into an annexation agreement or a development agreement that governs the development of a parcel of property within the C-MU District, the Village Board may approve, and incorporate in such agreement, Design Guidelines and Standards that are consistent with this Section 9-8-3.C and that apply to the development of such property. When so adopted and incorporated, unless stated otherwise in such an agreement, the Design Guidelines and Standards will control over any conflicting provisions of the Village Code. Review for compliance with adopted Design Guidelines and Standards shall occur during the site plan/subdivision plat approval process. Such agreements must be available for public inspection in the office of the Village Clerk or the Development Services Department.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4584-2017, §§ 1—6, 5-1-17; Ord. No. 4928-2022, §§ 7, 8, 3-7-22; Ord. No. 4964-2022, §§ 1, 2, 9-22-22)

Sec. 9-8-4. - B-3 Business District.

A.

Legislative Intent. The purpose of the B-3 District is to provide areas within which a broad range of entertainment, restaurant, retail, and related uses that attract regional and local customers, and are located with easy access from major transportation facilities. This district is intended to encourage the development of similar business uses on adjacent parcels that, by nature of being located in proximity to each other, will facilitate long term economic sustainability for the Village as a whole.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the B-3 Business District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, except those uses lawfully in existence on the effective date of this Code.

2.

The following uses are permitted in the B-3 Business District:

a.

Amphitheaters, Indoor.

b.

Art galleries.

c.

Auditoriums.

d.

Bakeries, where all goods are sold on the premises at retail.

e.

Barber shops, beauty parlors and spas, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

f.

Bowling alleys.

g.

Department, furniture and home appliance stores.

h.

Drug stores.

i.

Dry cleaners that transport dry goods off-site to be dry cleaned at a separate facility.

j.

Florist shops for retail trade only.

k.

Game area.

l.

Games, common business.

m.

Game room.

n.

Game room, dart playing facility.

o.

Game room, restaurant.

p.

Grocery, fruit or vegetable stores.

q.

Health clubs.

r.

Hotels, including cocktail lounges and other auxiliary uses.

s.

Indoor entertainment centers, including miniature golf, paint ball, laser tag, and other similar uses.

t.

Meat market or poultry stores, if no slaughter or stripping is involved.

u.

Multi-Purpose Entertainment and Sport Arenas.

v.

Municipal buildings and uses.

w.

Museums.

x.

Off-Track Betting Establishments as part of another permitted or special use.

y.

Restaurants, including drive-in and drive-through restaurants.

z.

Retail stores and services.

aa.

Special events in which a "special events business license" is obtained according to Section 8-11-2.

bb.

Tanning salons.

cc.

Theatres, indoor.

dd.

Water Park, indoor.

ee.

Accessory uses, including but not limited to the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, such as fountains, bridges, and patios.

(3)

Auxiliary retail or other incidental uses as appropriate and customarily associated with a principal use. These uses shall be incidental to and provide service for the principal use. These uses shall be wholly within the building and there shall be no exterior display of the auxiliary function.

(4)

Operations required to maintain or support any use permitted in paragraphs [a.] through [dd.] above, on the same tract as the permitted use provided the structures or structural features are consistent and compatible with the permitted use such as maintenance shops, power plants, storage buildings, etc.

(5)

Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

(6)

Storage of building materials (during course of construction only).

(7)

Temporary buildings for construction purposes only in accordance with the provisions of Section 9-3-10.

C.

Special Uses. Special Uses as hereinafter enumerated may be allowed in the B-3 Business District, subject to the issuance of a special use permit in accordance with the provisions of Section 9-1-18:

1.

The following special uses may be allowed in the B-3 Business District:

a.

Amphitheater, outdoor.

b.

Motion picture theatre, outdoor.

c.

Outdoor entertainment center, including miniature golf, paint ball, go carts, and other similar uses.

d.

Outdoor sports venue.

e.

Water Park, outdoor.

f.

Any use listed in Section 9-7-6-B or 9-7-6-C, but not listed in Section 9-8-4-B.

g.

All other similar uses not heretofore cited in Section 9-8-4-B and Section 9-8-4-C.

h.

Planned Development in accordance with Section 9-1-18A.

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a B-3 Business District, the parcel shall contain an area of 30 acres or more and must be under single ownership and/or control, or be filed under a joint application at the time the parcel is granted B-3 Business District classification.

2.

Lot Area. The minimum zoning lot area for each principal building erected within the B-3 Business District shall be two acres, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum lot area.

3.

Lot Width. The minimum zoning lot width for each principal building erected within the B-3 Business District shall be 200 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the lot width.

4.

Front Yard. The minimum zoning lot front yard setback for buildings erected within the B-3 Business District shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.

5.

Side Yard. The minimum zoning lot side yard setback for buildings erected within the B-3 Business District shall be 10 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum side yard setback.

6.

Rear Yard. The minimum zoning lot rear yard setback for buildings erected within the B-3 Business District shall be 10 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum rear yard setback.

7.

Floor Area Ratio. The floor area ratio for a zoning lot in the B-3 Business District shall not exceed 1.5.

E.

Outside Storage. Outside storage of items incidental to grounds and road maintenance will be permitted subject to Village site plan approval, and if adequately screened and secured in accordance with the following standards. Outside storage of any equipment, materials, supplies or products shall not be permitted except as follows:

1.

Storage areas shall be enclosed by a screened wall or fence of a material consistent or complementary with the principal building on the lot, including solid doors or gates thereto, and shall not be greater than seven feet in height unless otherwise approved through the site plan approval process. In no case shall material exceed the height of the enclosed fence or wall.

2.

All walls or fences where they adjoin a road or street must be 100 percent enclosed.

3.

Anything stored outdoors that has a tendency to be windborne shall be effectively covered so as not to be windblown.

4.

All areas to be used for outside storage must be covered with a material appropriate for the items intended to be stored.

F.

Height Regulations. The maximum building height in the B-3 Business District shall not exceed 210 feet. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

G.

Multiple/Mixed Uses. In order to maximize usable open space, minimize the need for off-street parking by creating opportunities for shared parking and to encourage coordination of design and development of mixed but compatible business or office uses, multiple principal buildings may be permitted on a single zoning lot.

H.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

I.

General Regulations. For additional regulations and requirements pertaining to the B-3 Business District see Article 3 (Section 9-3, General Requirements and Procedures Applicable within Various Districts).

(Ord. No. 4335-2012, § 2, 10-1-12; Ord. No. 4350-2013, § 10, 1-14-13; Ord. No. 5018-2023, § 5, 4-17-23)

Sec. 9-8-5. - B-4 Business District.

A.

Legislative Intent. The purpose of the B-4 District is to provide areas that will accommodate a mix of compatible uses permitted under the B-3 Business District and the O-5 Office District.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the B-4 Business District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder except those uses lawfully in existence on the effective date of this Code.

2.

The following uses are permitted in the B-4 Business District:

a.

All permitted uses as specified in Section 9-8-4-B.

b.

All permitted uses as specified in Section 9-7-6-B.

c.

Data center.

C.

Special Uses. Special uses, as hereinafter enumerated, may be allowed in the B-4 Business District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18.

1.

The following special uses may be allowed in the B-4 Business District:

a.

Amphitheater, outdoor.

b.

Motion picture theatre, outdoor.

c.

Outdoor entertainment center, including miniature golf, paint ball, go carts, and other similar uses.

d.

Outdoor sports venue.

e.

Water Park, outdoor.

f.

All other similar uses not heretofore cited in Section 9-8-5-B.

g.

Planned Development in accordance with Section 9-1-18A.

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as a B-4 Business District, the parcel shall contain an area of 30 acres or more and must be under single ownership and/or control, or be filed under a joint application at the time the parcel is granted B-4 Business District classification.

2.

Lot Area. The minimum zoning lot area for each principal building erected within the B-4 Business District shall be two acres, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum lot area.

3.

Lot Width. The minimum zoning lot width for each principal building erected within the B-4 Business District shall be 200 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum lot width.

4.

Front Yard. The minimum zoning lot front yard setback for buildings erected within the B-4 Business District shall be as follows:

a.

For any use listed in Section 9-8-5-B-2-a, the minimum front yard setback shall be 60 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.

b.

For any use listed in Section 9-8-5-B-2-b, the minimum front yard setback shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.

c.

For all special uses, the minimum front yard setback shall be 60 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.

5.

Side Yard. The minimum zoning lot side yard setback for buildings erected within the B-4 Business District shall be as follows:

a.

For any use listed in Section 9-8-5-B-2-a, the minimum side yard setback shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.

b.

For any use listed in Section 9-8-5-B-2-b, the minimum side yard setback shall be 10 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum side yard setback.

c.

For all special uses, the minimum side yard setback shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum side yard setback.

6.

Rear Yard. The minimum zoning lot rear yard setback for buildings erected within the B-4 Business District shall be as follows:

a.

For any use listed in Section 9-8-5-B-2-a, the minimum rear yard setback shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.

b.

For any use listed in Section 9-8-5-B-2-b, the minimum rear yard setback shall be 10 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum rear yard setback.

c.

For all special uses, the minimum rear yard setback shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum rear yard setback.

7.

Floor Area Ratio. The floor area ratio for a zoning lot in the B-4 Business District shall not exceed 1.5.

E.

Outside Storage. Outside storage of items incidental to grounds and road maintenance will be permitted subject to Village site plan approval, and if adequately screened and secured in accordance with the following standards. Outside storage of any equipment, materials, supplies or products shall not be permitted except as follows:

1.

Storage areas shall be enclosed by a screened wall or fence of a material consistent or complementary with the principal building on the lot, including solid doors or gates thereto, and shall not be greater than seven feet in height unless otherwise approved through the site plan approval process. In no case shall material exceed the height of the enclosed fence or wall.

2.

All walls or fences where they adjoin a road or street must be 100 percent enclosed.

3.

Anything stored outdoors that has a tendency to be windborne shall be effectively covered so as not to be windblown.

4.

All areas to be used for outside storage must be covered with a material appropriate for the items intended to be stored.

F.

Height Regulations. The maximum building height in the B-4 Business District shall not exceed 210 feet. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

G.

Multiple/Mixed Uses. In order to maximize usable open space, minimize the need for off-street parking by creating opportunities for shared parking and to encourage coordination of design and development of mixed but compatible business or office uses, multiple principal buildings may be permitted on a single zoning lot.

H.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

I.

General Regulations. For additional regulations and requirements pertaining to the B-4 Business District see Article 3 (Section 9-3, General Requirements and Procedures Applicable within Various Districts).

(Ord. No. 4335-2012, § 3, 10-1-12; Ord. No. 4928-2022, § 4, 3-7-22; Ord. No. 5018-2023, § 6, 4-17-23)