Lakemoor City Zoning Code

COMMERCIAL ZONING

DISTRICTS

§ 22.080 C-1, NEIGHBORHOOD COMMERCIAL DISTRICT.

(A) Purpose. This district is intended to provide locations for a broader selection of goods and services in centralized and highly accessible locations that serve the village and surrounding areas.

(1) C-1 district bulk standards: See Table 6.

(2) Permitted and conditional uses: See Table 7.

(3) Off-street parking and loading: As provided herein.

(4) Landscaping and screening: As provided herein.

(5) Stormwater detention and floodplain development requirements: See § 22.044.

(6) Performance standards: As provided in §§ 22.195 through 22.207.

(7) Signs: As provided in §§ 22.145 through 22.148.

(8) Dwelling unit standards:

(a) Shall only be allowed above a first-floor commercial use; and

(b) Minimum lot size: See R-4 minimum lot size per dwelling unit as outlined in Table 4.

(9) Design standards: As provided in § 22.52.

(10) Other requirements:

(a) As provided in general district regulations.

(b) All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential area, shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m.

(c) Refrigerated trailers shall not be left separated from the cab on the site and all trailers shall only be parked within the designated loading areas.

(d) Outdoor cafe/dining: As provided in § 22.049.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

§ 22.081 C-2, MAIN STREET COMMERCIAL DISTRICT.

(A) Purpose. This district is not appropriate or warranted in any location other than those properties on the north and south side of Route 120 that are designated as Mixed-Use Town Center and Institutional on the village’s comprehensive plan. This district promotes mixed use and multi-story buildings with commercial, entertainment, retail, restaurants, and service uses on the first floor and allows residential and office related uses on the upper floors:

(1) C-2 district bulk standards: See Table 6.

(2) Permitted and conditional uses: See Table 7.

(3) Off-street parking and loading: As provided in §§ 22.110 through 22.118.

(4) Landscaping and screening: As provided in §§ 22.130 through 22.135.

(5) Stormwater detention and floodplain development requirements: See § 22.044.

(6) Performance standards: As provided in §§ 22.195 through 22.207.

(7) Signs: As provided in §§ 22.145 through 22.148.

(8) Dwelling unit standards:

(a) Shall only be allowed above a first-floor business or commercial related use.

(b) Minimum lot size: See R-4 minimum lot size per dwelling unit as outlined in Table 4.

(9) Design standards: As provided in § 22.052.

(10) Other requirements:

(a) As provided in general district regulations.

(c) Refrigerated trailers shall not be left separated from the cab on the site and all trailers shall only be parked within the designated loading areas.

(d) Outdoor cafe/dining: As provided in § 22.049.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

§ 22.082 C-3, REGIONAL COMMERCIAL DISTRICT.

(A) Purpose. This district is intended to provide locations for large scale commercial developments and uses that cater to a regional market and population base. This district is not appropriate or warranted in any location other than along US Route 12/Illinois Route 59 and Illinois Route 120, east of Darrell Road and west of Lilly Lake Road.

(1) C-3 district bulk standards: See Table 6.

(2) Permitted and conditional uses: See Table 7.

(3) Off-street parking and loading: As provided herein.

(4) Landscaping and screening: As provided herein.

(5) Stormwater detention and floodplain development requirements: See § 22.044.

(6) Performance standards: As provided in §§ 22.195 through 22.207.

(7) Signs: As provided in §§ 22.145 through 22.148.

(8) Dwelling unit standards:

(a) Shall only be allowed above a first-floor business or commercial use.

(b) Minimum lot size: See R-4 minimum lot size per dwelling unit as outlined in Table 4.

(9) Design standards: As provided in § 22.052.

(10) Other requirements:

(a) As provided in general district regulations.

(c) Refrigerated trailers shall not be left separated from the cab on the site and all trailers shall only be parked within the designated loading areas.

(d) Outdoor cafes/dining on private property that are located within the C-3 district and constructed on or within planned developments of not less than 50 acres, shall be permitted and do not require temporary use approval as outlined in § 22.049. Instead these exempt outdoor cafes/dining shall be subject to the following standards listed below:

1. Outdoor cafe/dining facilities may only be incidental to an existing restaurant that has obtained all applicable village approvals.

2. A fully dimensioned and to scale plan shall be provided showing the location of the outdoor cafe/dining, the layout of the table and chairs, trash receptacles, server station, protective fencing, building entrance(s), and ancillary parking lot.

3. All tables and chairs and other appurtenances shall be constructed in such a manner that they can easily be removed during winter months and/or if required by the village.

4. The sale and consumption of alcoholic beverages in the outdoor cafe/dining area shall be subject to and restricted by the liquor license governing the restaurant.

5. The operation of the outdoor dining facility shall be permitted between the hours of 8:00 a.m. to 10:00 p.m.

6. All outdoor furnishings shall be of durable quality and shall be designed to withstand a wind pressure of not less than 30 pounds per square foot.

7. Live entertainment shall also be subject to the temporary use permit process.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

Table 6: Commercial District Requirements
	C-1	C-2	C-3
Minimum area for zoning district	1 acre	1 acre	2 acres
Minimum lot area	10,000	5,000	20,000
Minimum lot width	50	50	100
Minimum front yard and corner side yard setback (a)	30	15	30
Minimum interior side yards setback (a)	10		10
Adjacent to Residential District (a)	20	15	20
Minimum rear yard setback (a)	15	-	15
Adjacent to Residential District (a)	30	30	30
Maximum floor area ratio	1.0	3.0	2.0
Maximum building height	No zoning requirements: refer to building code for any additional requirements
Maximum lot coverage	No zoning requirements: refer to building code and stormwater for any additional requirements
Table 6 Notes: (a) Minimum setback plus two feet for each one foot of building height over 35 feet.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

Table 7: Permitted and Conditional Uses in Commercial Districts

Table 7: Permitted and Conditional Use in Commercial Districts P = Permitted, C = Conditional Use Permit
Land Use Category	C-1	C-2	C-3
Accessory uses, buildings, and structures to all permitted uses in the district, including off-street parking and loading and signs as provided in §§ 22.110 through 22.112 and 22.145 through 22.148	P	P	P
Amusement establishments, indoor		C	C
Amusement establishments, outdoor			C
Animal hospital/care facility	C	C	C
Animal day care and kennels	C	C	C
Antenna, non-residential			C
Antique shop	P	P	P
Apparel and accessory stores	P	P	P
Appliance sales and service	P	P	P
Art and craft gallery, studios, and supply stores	P	P	P
Auction rooms	C		C
Auditorium, stadium, or other similar places for public events			C
Automobile accessory, parts, and supply stores	P		P
Automobile gas station, including convenience mart	C		P
Automated teller machines (not including drive-through kiosk)	P	P	P
Bakery	P	P	P
Banks and other financial institutions (not including drive-through)	P	P	P
Banquet facility	C		C
Beauty shops, barber shops, and spas	P	P	P
Bicycle sales, rental and repair shops	P	P	P
Boat sales and service, not including open sales lot			P
Body modification establishments	P	C	P
Bookstores or book and stationary stores	P	P	P
Bowling alley			P
Brewery/winery		C	P
Brew pub	C	P	P
Building material and supply stores			P
Business machine sales, rental and service			P
Camera and photographic supply and processing stores	P	P	P
Camping and outdoor recreational equipment sales	P		P
Candy, confectionary, ice cream, popcorn, nut, and yogurt stores	P	P	P
Cannabis Dispensary Facility (Recreational or Medical)			C
Car wash	C		C
Card and gift stores	P	P	P
Carpet and rug stores (retail sales with ancillary cleaning services)	P	P	P
Catering establishments	C		P
Clothing and shoe repair	P	P	P
Club or lodge, private	C	C	C
Coin and philatelic stores	P	P	P
Commercial school	P	C	P
Computer, personal electronic/phone device sales (retail and ancillary service)	P	P	P
Concrete redi-mix plat and related uses, provided that no such conditional use may be approved for placement within 700 feet of any parcels under residential use at the time of application therefore; any such conditional use parcel must be located within McHenry County, and any such conditional use parcel must be located adjacent to Illinois Route 120			C
Conditional public uses	C	C	C
Contractor’s office	P		P
Convenience store	P	P	P
Crematories	C		C
Day care center, adult	C	C	C
Day care center, child	C	C	C
Drive-through establishments	C	C	C
Drive-through establishments constructed on or within planned developments of not less than 50 acres			P
Dry cleaners and laundries (processing to be done off-site) and laundromats	P	C	P
Dwelling unit, above the first floor only	P	P	P
Educational institutions, as defined in § 22.011	C	C	C
Electrical sales, including ancillary service			P
Employment agencies	P		P
Equipment rental			P
Exterminating and taxidermist services	P		P
Eyewear sales and service	P	P	P
Florist shops	P	P	P
Food and grocery stores under 5,000 square feet, convenience marts, meat markets, produce, fish markets, dairy stores, health food stores, with bakery and food preparation on premises	P	P	P
Food and grocery stores greater than 5,000 square feet, convenience marts, meat markets, produce, fish markets, dairy stores, and health food stores, with bakery and food preparation on premises			P
Funeral home	C		C
Furniture and home decorating stores (retail and ancillary upholstery)	P	P	P
Game rooms, including pool halls but excluding restaurants with ancillary gaming devices	C		C
General merchandise with e-commerce and order fulfilment	P	C	P
Gun/firearms shop (FFL, retail, service and training), not including a shooting range	P	P	P
Hardware, garden supply, and nurseries, including lawnmowers, snow blowers and small motor equipment sales and service	C		P
Health clinic less than 5,000 square feet	P	P	C
Health club	P	P	P
Hobby and craft shop, including ancillary craft classes	P	P	P
Home decorating stores	P	P	P
Hotels	C	C	C
Jewelry and watch sales and repair shops	P	P	P
Landscape waste transfer station, provided that no such conditional use may be approved for placement within 700 feet of any parcels under residential use at the time of application therefor; any such conditional use parcel must be located within McHenry County and any such conditional use must be located adjacent to Illinois Route 120			C
Limousine and taxis dispatch	C		C
Liquor stores, package goods only with ancillary tasting events subject to liquor licensing approval	P	P	P
Locksmith	P	P	P
Massage and accu-puncture/accu-pressure	C	C	C
Medical and dental laboratory			C
Monument sales, not including open sales lot			P
Motor vehicles sales and rental, including but not limited to cars, trucks, trailers, recreational vehicles, motorcycles, but not including open sales lot			P
Motor vehicle repair, major			C
Motor vehicle repair, minor	C		C
Musical instrument sales and repair	P	P	P
Newspaper, magazine, and tobacco shops	P	P	P
Office-business, dental and medical, professional and governmental	P	P	P
Orthopedic and medical appliance (retail and ancillary service)	P	P	P
Outdoor storage and open sales lot associated with a permitted or conditional use	C		C
Paint, tile and wallpaper stores	P	P	P
Parking, private and public garages and lots		C
Parks, playgrounds, and other publicly owned open spaces	P	P	P
Pawnshop and cash converter facility	P		P
Permitted public uses, as defined herein	P	P	P
Personal wireless telecommunication facilities			C
Pet shop and grooming	P	P	P
Pharmacy	P	P	P
Philanthropic and charitable institutions	P		P
Photocopying and duplication distribution establishment with six or fewer employees	P	P	P
Photography and studio	P	P	P
Planned unit developments	C	C	C
Post office	C	C	C
Radio and recording studio			C
Recreational and sports training facility	C	C	P
Religious institutions, subject to minimum lot area requirement in Table 4	C		C
Restaurants, eat-in or carry-out; delicatessens; retail bakeries; donut shops, and convenience marts with limited food preparation on premises; not to include live entertainment or drive-throughs	P	P	P
Retail stores/sales (not otherwise listed)	P	P	P
Salon and spas (beauty and medical)	P	P	P
Shooting range			C
Sewing machine sales and service	P	P	P
Small wireless facilities, see § 22.320	P	P	P
Sporting goods	P	P	P
Swimming pool accessory and sales, not including open sales lots	P		P
Tailor and dressmaking	P	P	P
Tanning salon	P	P	P
Temporary buildings or trailers for construction purposes for a period not to exceed the duration of construction	P	P	P
Theater, indoor			P
Towing operations			C
Travel agency	P	P	P
Truck stop, including but not limited to gas sales, convenience mart, and cleaning facilities			C
Video sales and rental, including ancillary walk-up kiosk	P	P	P
Wholesaling	C		C

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 13-O-27, passed 10-24-2013; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-10, passed 3-9-2017; Ord. 17-O-21, passed 7-27-2017; Ord. 17-O- 32, passed 10-3-2017; Ord. 19-O-20, passed 9-17-2019; Ord. 20-O-03, passed 3-3-2020)

§ 22.083 CANNABIS DISPENSARY FACILITY STANDARDS.

(A) Applicability. It is the intent and purpose of this section to provide regulations for Recreational and Medical Cannabis Dispensing Facilities within the Village of Lakemoor. Said facilities shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027) and the Compassionate Use of Medical Cannabis Program Act (P.A. 98-122), as it may apply to each, and as may be amended from time to time, as well as the regulations provided in the Village of Lakemoor Municipal Code. If the Act is amended, the more restrictive of the state or local regulation shall apply.

(B) Conditional use. Recreational or Medical Dispensary Facility shall require a Conditional Use in the C-3, Regional Commercial District, and shall be processed in accordance with the Conditional Use §§ 22.235 through 22.242, including Table 13 of this section.

(C) Additional conditional use standards. In addition to the development and dimensional standards outlined within the zoning ordinance, the following standards shall also be required as part of the conditional use review process:

(1) Land use restrictions. The following restrictions shall apply:

(a) Recreational cannabis processing organizations, recreational cannabis infuser organizations, and recreational cannabis transportation organizations shall be prohibited.

(b) A cannabis dispensary facility may not be located within a residential dwelling unit and may not be located within 100 feet of a building used as a residential dwelling unit or within 500 feet of the property line of a pre-existing public or private day-care, nursery school, preschool, or primary or secondary school. Distances shall be measured in a straight line, without regard to intervening structures or objects.

(c) A cannabis dispensary facility must be at least 1,500 of the property lines of a pre-existing recreational or medical cannabis dispensary facility. Distances shall be measured in a straight line, without regard to intervening structures or objects.

(d) No cannabis dispensary facility shall allow the smoking, inhalation, or consumption of cannabis on the premises in any form. A sign, with the dimensions of 11 by 17 inches in size, shall be posted inside said facility in a conspicuous and visible place to patrons and employees, and shall include the following language; “Smoking, eating, drinking or other forms of consumption, tasting, or sampling of cannabis products is prohibited on the premises of this establishment.”

(2) Operations plan. A business operations plan shall be required and shall include but shall not be limited to a description on; business operation, product inventory, hours of operation, number of employees, and delivery operations.

(3) Business restrictions. Drive-through window, vending machines dispensing adult use cannabis or medical cannabis, and/or the transporting of adult use or medical cannabis from a dispensary facility to a residence or other location where purchasers may be located for delivery shall be prohibited.

(4) Age and access limitations. Recreational or medical cannabis dispensing facility may only operate between the hours of 6:00 a.m. and 10:00 p.m., local time. Dispensaries shall prohibit any person who is under the age of 21 from entering the facility, except for cardholders over 18 years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act.

(5) Additional site plan requirements. Recreational or medical cannabis dispensary facilities shall be subject to site plan review as required by Village Code. The Village may impose additional bulk standards (i.e. building and pavement setbacks, FAR, Lot coverage, building height, etc), landscaping, off-street parking, off-street loading, exterior lighting, and signage requirements.

(6) State licensing. Applicants seeking conditional use approval for a cannabis dispensing facility must submit a copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their conditional use application. Before issuance of a certificate of occupancy or otherwise opening to the general public, cannabis business establishments must provide a copy of their license to operate from the relevant state agency. If at such time, the applicant is unable to provide the village with their required license to operate said facility, the underlying conditional use approval shall be null and void.

(7) Compliance with state regulations and rules. All recreational cannabis dispensary or medical cannabis dispensary shall comply with the Cannabis Regulation Tax Act, as amended, and the compassionate use of medical cannabis program act, as amended, as it may apply to each use, and all rules and regulations adopted in accordance thereto.

(8) Odor control. Applicants seeking to operator a cannabis cultivation center must provide an odor control plan that complies with Village Code and includes details and improvements needed to mitigate odor impacts on adjoining properties.

(9) Off street parking and loading. Off street parking shall be located on areas of the property that is visible to a public or private street. Required off street parking shall be a minimum of four spaces per 1,000 square feet of floor area, plus as many spaces as deemed necessary by the village to meet the parking demand of the facility. Each dispensary shall provide one enclosed delivery bay capable of accommodating a delivery vehicle. Deliveries shall only occur between 7:00 a.m. and 9:00 p.m., local time.

(10) Traffic study. A traffic and parking study from a Certified Traffic Engineer shall be required for each new application. This report shall analyze access (design, location, and level of service), on-site circulation, anticipated/projected trip generation and distribution, parking supply and demand, and impacts to the surrounding roadway network.

(11) Refuse collection plan. All applications for conditional use shall provide a refuse collection plan for recycling and destruction of cannabis waste in a manner that is consistent with all applicable state, county, and village codes, regulations and policies.

(12) Exterior display. No cannabis dispensary facilities may maintain or operate in a manner that causes, creates, or allows the public viewing of recreational or medical cannabis or cannabis paraphernalia or similar products from any public or private sidewalk, street, road, or drive aisle, or any property that abuts the lot/parcel on which the dispensary is located upon.

(13) Signage. With the exception listed below, the number, size, and type of signs allowed shall comply with the standard set forth in the sign regulation section of the village's zoning ordinance. Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis. Advertisement and/or signage that incorporates similar imagery as noted above and placed on vehicles that are associated with or employed by the dispensary shall be prohibited.

(14) Security plan. All recreational cannabis dispensary facilities or medical cannabis dispensary facilities must submit a security plan as part of the conditional use process. This plan, must be approved by the Chief of Police and shall include, but shall not be limited to the following:

(a) Each dispensary shall be an enclosed locked facility. Each dispensary shall provide an maintain adequate security on the entire property on which it is located, including lighting video surveillance, security personnel, and alarms reasonably designed to ensure the safety of persons and to protect the site from theft.

(b) The dispensary parking area, client/customer entrance, sales area, back room, storage areas, parking lots, delivery bay or loading berth, and employee entrance, shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper proof format.

(c) A sign shall be posted in a prominent location which includes the following language; “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.”

(d) Each dispensary shall report all criminal activities occurring on the property to the Lakemoor Police Department immediately upon discovery.

(Ord. 20-O-03, passed 3-3-2020)