(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-5-1.1.

General purpose statement. The commercial districts set forth herein, when taken together, are intended to permit a broad range of commercial development necessary to serve the citizens of the village and neighboring areas.

26-5-1.2.

Accessory and temporary uses and structures. Accessory and temporary uses and structures are permitted in all commercial districts subject to the provisions of chapter 26, article 9.

26-5-1.3.

Parking and loading. The parking and loading regulations applicable in all commercial districts are set forth in chapter 26, article 10.

26-5-1.4.

Signs. Sign regulations applicable in all commercial districts are set forth in chapter 26, article 11.

26-5-1.5.

Performance standards. Requirements relating to performance standards in the commercial districts are set forth in chapter 26, article 12.

26-5-1.6.

Landscaping, screening, and fences. Requirements relating to landscaping, screening, buffering, and fences in the commercial districts are set forth in chapter 26, article 13.

26-5-1.7.

Nonconformities. Requirements relating to nonconformities in the commercial districts are set forth in chapter 26, article 14.

26-5-1.8.

Zoning applications, hearings, and approvals. No construction or development requiring any certificate, permit or approval pursuant to chapter 26, article 16 shall be permitted in any commercial district except upon the grant of such certificate, permit or approval pursuant to chapter 26, article 16.

26-5-1.9.

Platted building lines. Requirements relating to platted building lines in the commercial districts are set forth in chapter 26, subsection 26-17-5.6.

26-5-1.10.

Permanent Outdoor Dining Facilities. The following use limitations apply to any permanent outdoor dining facility:

(a)

General. No permanent outdoor dining facility may be operated in the village except upon issuance of a permit by the village administrator after review and approval of a site plan. The following additional submittals are required as part of any site plan review for permanent outdoor dining:

(1)

A seating plan, including surfacing specifications, must be submitted. The seating plan must be reviewed by the Libertyville Fire Department for recommendations on emergency access. All surfacing will be reviewed for compatibility with the architectural character of the principal use and adjacent uses.

(2)

Detailed information and drawings indicating how the proposed delineation between the public right-of-way, private access drive, or any pedestrian walkway and the outdoor dining area will be accomplished. This will be reviewed for compatibility with the architectural character of the principal building, adjacent buildings and overall use of the site, including parking areas and landscape.

(3)

A refuse disposal plan indicating the type and locations of refuse receptacles and the method for maintaining the area. If the plan provides for customers to clean-up after themselves, then a specified periodic cleaning schedule by employees must be provided.

(4)

A storage plan indicating where any tables, seating, umbrellas, or similar furniture or facilities will be stored during times of the year when outdoor area is not in use.

(5)

A lighting plan must include a photometric site plan and schematic drawings for the light fixtures that include style/model type, material and color of fixtures.

(b)

Use of public property. No public-owned property may be used for permanent outdoor dining facilities, except in accordance with the following:

(1)

No permanent outdoor dining facilities may be located within public parking lots or parking spaces.

(2)

No permanent outdoor dining facilities may be located on any other public-owned property, except upon the prior approval of the village administrator. The village administrator may not approve permanent outdoor dining facilities within public walkways, alleys, or easements unless there will remain a public pedestrian accessway of not less than forty-eight (48) inches in width. Permanent outdoor dining areas on village-owned property will require the approval of a lease by the village board of trustees.

(c)

Use of private property. No private property may be used for permanent outdoor dining facilities except upon submission to the village of written approval of the property owner.

(d)

Outdoor dining equipment.

(1)

All tables and chairs used for permanent outdoor dining must be stored when not in use.

(2)

All tables and chairs used for permanent outdoor dining must be adequately secured at all times.

(3)

All outdoor seating, tables, displays, and signs on sidewalks or the public right-of-way must be properly weighted and covered each night at the close of business.

(4)

All outdoor seating, tables, displays, and signs must be made of safe, sturdy, and durable commercial grade materials designed for outdoor use, such as wrought iron, wood, steel, cast aluminum, or heavy plastic.

(5)

All seating, tables, displays, and signs must be cleaned between each seating of customers, and must be maintained in good visual appearance without dents, fading, chipping, peeling paint, or corrosion.

(6)

All operators of permanent outdoor dining facilities must at all times keep clean and maintain the area in front of the facility, and within ten (10) feet on all sides of the facility.

(7)

Awnings and canopies may project from the adjacent commercial building not more than four (4) feet over an outdoor dining area.

(8)

No tent or other materials may be used to cover the permanent outdoor dining facility. All permanent outdoor dining facilities are to remain uncovered and open to the sky in accordance with the Zoning Code definition of outdoor dining.

(9)

Eating and drinking establishments with permanent outdoor dining facilities must provide decorative fencing that does not exceed three (3) feet in height, masonry walls that do not exceed three (3) feet in height, bollards, planter boxes that do not exceed three (3) feet in height, or other methods of protecting and demarcating their permanent outdoor dining patrons.

(10)

The surface area for the permanent outdoor dining area must be on a constructed hard surface, such as paving, concrete or wood. Any lumber used must be of fire-retardant quality and rot protected.

(e)

Service of alcoholic beverages. No alcoholic beverage served in an open container within a permanent outdoor dining facility may be removed from the outdoor dining area.

(f)

Lighting. Any lighting for a permanent outdoor dining facility must be directed in a manner so as to not impair visibility on nearby streets and nor to shine into nearby residences or businesses.

(g)

Noise and music.

(1)

No amplified live music may be performed within any permanent outdoor dining facility.

(2)

The permanent outdoor dining facility must be operated in compliance with all applicable Village Code regulations concerning noise.

(h)

Signage. No signage may be posted or erected on any umbrella or other similar devises that are permitted for use for permanent outdoor dining.

(i)

Insurance. The operator of a permanent outdoor dining facility must obtain a policy for commercial general liability insurance, listing the Village of Libertyville as an additional insured party.

(j)

Accessibility. All permanent outdoor dining facilities must be accessible to disabled persons, and must comply with all applicable federal, state and village laws, ordinances, and regulations concerning accessibility and nondiscrimination in the provision of services.

(k)

Off-street parking for permanent outdoor dining facilities. Off-street parking requirements set forth in the Libertyville Zoning Code, as amended, apply to permanent outdoor dining facilities operated in compliance with this section.

(l)

Revocation or suspension of permanent outdoor dining facilities permit.

(1)

The village administrator may revoke or suspend an outdoor dining facility permit for noncompliance with one (1) or more of the regulations, conditions, and restrictions set forth in this section 26-5-1.10.

(2)

The village administrator must send written notice of its intent to revoke or suspend permit, stating the reason or reasons for the revocation or suspension.

(3)

Upon receipt of a written notice of revocation or suspension from the village, the permittee must within ten (10) business days after the date on the notice correct, to the satisfaction of the village, the deficiencies stated in the written notice, and provide proof of such correction to the village; or

(4)

If the permittee fails to correct the deficiencies stated in the written notice within ten (10) business days after the date on the notice, the village administrator may revoke or suspend the permit. If the permit is revoked or suspended, the village will provide written notice to the permittee.

(5)

Any revocation or suspension of an outdoor dining permit by the village administrator may be appealed to the village board of trustees. Appeals to the village board of trustees must be heard in a timely manner. Appeals must be made in writing to the village president and filed with the village clerk within ten (10) business days after the issuance of the notice of suspension or revocation. The burden of proof shall be on the appellant. No decision of the village administrator may be reversed or modified unless the village board of trustees finds that the village administrator's action or interpretation of the Village Code and ordinances was clearly erroneous.

(m)

Fines. Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of, any provision of this section 26-5-1.10 is subject to a fine of five hundred dollars ($500.00) for each offense. Each day a violation continues to exist constitutes a separate offense.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 23-O-27, § 3, 5-23-23)

26-5-2.1.

Purpose. The C-1 Downtown Core Commercial District is established to preserve the historic character of the village's existing downtown commercial area and to provide for its continued vitality through a unified district approach that will accommodate a variety of uses compatible in size and type with the existing small town character of the area.

26-5-2.2.

Permitted uses. Except as specifically limited herein and in subsection 26-5-2.4, the following uses are permitted as of right in the C-1 Downtown Core Commercial District, but only when conducted entirely within an enclosed building, unless otherwise specified: ^[2]

(a)

Accommodations and food service, but limited to:

(1)

Accommodations (721), but further limited to:

a.

Hotels and motels (except casino hotels) (72111).

b.

Other traveler accommodations, but limited to bed-and-breakfast inns (721199).

(2)

Food service and drinking places (722), but further limited to:

a.

Drinking places (7224).

b.

Full service restaurants (7221), including outdoor eating area, but excluding drive-in restaurants.

c.

Limited service eating places (7222), including outdoor eating areas, but excluding drive-in restaurants.

(b)

Administrative and support services, but limited to:

(1)

Business support service (5614).

(2)

Employment services (5613)*.

(3)

Investigation and security services (5616)*.

(4)

Office administrative services (5611)*.

(5)

Travel arrangement and reservation services (5615)*.

(c)

Arts, entertainment and recreation, but limited to:

(1)

Agents and managers for artists, athletes, entertainers, and other public figures (7114)*.

(2)

Independent artists, writers, and performers (7115)*.

(3)

Museums, historical sites, and similar institutions (712).

(4)

Promoters of performing arts, sports and similar events (7113)*.

(d)

Dwellings, but only above the first floor of any structure containing a commercial use.

(e)

Educational services, but limited to fine arts schools (61161).

(f)

Finance and insurance, including indoor and outdoor automatic teller machines, but excluding drive-in establishments and pawn shops (52)*.

(g)

Health care and social assistance, but limited to:

(1)

Offices of dentists (6212)*.

(2)

Offices of other health practitioners (6213)*.

(3)

Offices of physicians (6211)*.

(4)

Social assistance (624), but limited to:

a.

Child day care services (6244).

b.

Services for the elderly and persons with disabilities (62412).

(h)

Other services, but limited to:

(1)

Personal and laundry services (812), but further limited to:

a.

Death care services (8122), but limited to funeral homes and funeral services.

b.

Dry cleaning and laundry services (8123), but limited to dry cleaning and laundry services.

c.

Other personal services (8129), but limited to:

1.

All other personal services (812990), but limited to wedding planning services, personal fitness trainers, personal shopping services, and party planning services.

2.

One-hour photofinishing (812922).

3.

Parking lots and garages (812930).

4.

Pet care (except veterinary) services (812910), but limited to pet grooming services, but only as an accessory use and subject to the requirements of subsection 26-5-2.4.

5.

Photofinishing (81291).

d.

Personal care services (8121), but limited to:

1.

Hair, nail and skin care services (81211).

2.

Other personal care services (81219), but limited to diet and weight reducing centers.

(2)

Religious grantmaking, civic, professional and similar organizations (813), but excluding religious organizations*.

(3)

Repair and maintenance (811), but limited to footwear and leather goods repair (811430).

(i)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 12-12.4.

(j)

Professional, scientific and technical service, but limited to:

(1)

Accounting tax preparation, bookkeeping and payroll services (5412)*.

(2)

Advertising and public relations and related services (5418)*.

(3)

Architectural, engineering and related services (5413), except testing laboratories, and environmental engineering services*.

(4)

Computer systems design and related services (5415)*.

(5)

Legal services (5411)*.

(6)

Management, scientific and technical consulting services (5416)*.

(7)

Other professional, scientific and technical services (5419), except veterinary*.

(8)

Specialized design services (5414)*.

(k)

Real estate and rental and leasing, but limited to:

(1)

Real estate (531), except lessors of mini-warehouses and self-storage units*.

(2)

Rental and leasing services (532), but limited to consumer goods rental.

(l)

Retail trade, but limited to:

(1)

Building material and garden equipment and supplies dealers (444), but limited to:

a.

Hardware stores (44413).

b.

Other building material dealers (44419), limited to glass stores.

c.

Paint and wallpaper stores (44412).

(2)

Clothing and clothing accessory stores (448).

(3)

Electronics and appliance stores (443).

(4)

Food and beverage stores (445).

(5)

Furniture and home furnishing stores (442).

(6)

General merchandise stores, but excluding warehouse clubs and superstores (452).

(7)

Health and personal care stores (446).

(8)

Miscellaneous store retailers (453), except manufactured home dealers.

(9)

Motor vehicle and parts dealers, but limited to automotive parts and accessory stores, but excluding vehicle repair (441).

(10)

Sporting goods, hobby, book and music stores (451), but excluding gun shops (451110).

(m)

Transit and ground passenger transportation, limited to commuter rail systems, including outdoor platform areas (485112).

(n)

Cut and sew apparel contractors (31521).

(o)

Management of companies and enterprises (55), but limited to:

(1)

Corporate, subsidiary, and regional managing offices (551114).

26-5-2.3.

Special permit uses. Except as specifically limited herein and in subsection 26-5-2.4, the following uses may be permitted in the C-1 Downtown Core Commercial District subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Any use otherwise permitted or specially permitted in the C-1 Downtown Core Commercial District pursuant to subsection 26-5-2.2 or subsection 26-5-2.3 exceeding the use limitation set forth in subsection 26-5-2.4. (See footnote under subsection 26-5-2.2.)

(b)

Arts, entertainment and recreation, but limited to performing arts companies (7111).

(c)

Congregate housing, but only in dwellings otherwise permitted by subsection 26-5-2.2.

(d)

Drive-in establishments accessory to financial and insurance services.

(e)

Information, but limited to Motion Picture Theater (except Drive-Ins) (512131).

(f)

Payment in lieu of providing parking spaces, any use otherwise permitted or specially permitted in the C-1 Downtown Core Commercial District and as to which each of the following apply:

(1)

The owner is constructing a new building or adding additional floor area to an existing building.

(2)

The minimum number of parking spaces required by chapter 26, article 10 have not been provided.

(3)

The owner has applied for a permit to allow for payment in lieu of required parking spaces, as provided by subsection 26-10-1.2(f).

(g)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-5-2.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the C-1 Downtown Core Commercial District, and subject to the requirements of subsection 26-12-12.4.

(h)

Planned developments, but only on sites containing no less than twenty thousand (20,000) square feet, subject to the special procedures and standards set forth in section 16-13.

(i)

Retail trade, but limited to:

(1)

Microbreweries, but only when accessory to an eating or drinking place.

(2)

Gasoline stations with convenience store (44711), but excluding vehicle repair.

(j)

Senior citizen housing.

(k)

Vehicles and parts dealers (441), but limited to motorcycle dealers (44121).

(l)

Lessors of nonresidential buildings (except miniwarehouses) limited to a shared workspace provision.

26-5-2.4.

Use limitations. The following use limitations shall apply in the C-1 Downtown Core Commercial District:

(a)

Use area. No use located in the C-1 Downtown Core Commercial District shall occupy more than ten thousand (10,000) square feet of floor area of any building or structure without obtaining a special use permit pursuant to section 26-16-9.

(b)

Performance standards. Notwithstanding subsections 26-5-2.2 and 26-5-2.3, no use shall be allowed in the C-1 Downtown Core Commercial District if it would, in the reasonable judgment of the village Administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(c)

Limitation upon location of specified uses:

(1)

All uses which are denoted by an asterisk in subsections 26-5-2.2 or 26-5-2.3 shall be prohibited from occupying the front thirty five (35) feet of any first floor space within a building with street frontage on Milwaukee Avenue within the C-1 Downtown Core District. An asterisk placed at the end of any subparagraph of section 26-5-2 shall refer to all use classifications identified within that subparagraph and not only to the particular use classification which is immediately adjacent to the asterisk.

(2)

No use which is denoted by an asterisk in subsections 26-5-2.2 or 26-5-2.3 or combination of such uses shall be permitted to occupy more than twenty-five (25) percent of the gross first floor area of a building with street frontage on Milwaukee Avenue within the C-1 Downtown Core District.

(3)

For purposes of this section, a building shall be considered to have street frontage on Milwaukee Avenue if the lot upon which such building is located has frontage upon Milwaukee Avenue which is uninterrupted by the presence of a separate building. For purposes of this section the front thirty-five (35) feet of a building shall be the space measured from the exterior wall of the building nearest to Milwaukee Avenue.

(4)

Any use denoted by an asterisk in subsections 26-5-2.2 or 26-5-2.3 which occupies an existing demised tenant or owner occupied space as of the effective date of this section and which would otherwise be prohibited by the provisions of this section, may continue pursuant to the provisions of chapter 26, article 14. Change of owners, tenants or business occupants of such demised space shall not affect the continuing right to engage in an Office or Financial Institution use within such demised space. In the event that such use is discontinued for a period of greater than one hundred eighty (180) days, any subsequent use within such demised space must comply with the provisions of subsections 26-5-2.4(c)(1)—(3).

(d)

Parking lots and areas. No parking lot or area in the C-1 Downtown Core Commercial District established after the effective date of the ordinance from which this chapter is derived shall be permitted within fifty (50) feet of the right-of-way of Milwaukee Avenue. Additional requirements for parking lots and areas in the C-1 Downtown Core Commercial District are set forth in chapter 26, article 10.

(e)

Facade continuity. Except for gasoline stations/mini-marts, all new buildings and structures in the C-1 Downtown Core Commercial District constructed with zoning lot frontage along the streets indicated in figure 26-5-1, shall be constructed up to the front lot line, so as to maintain a continuous street wall. Nothing in this subsection 26-5-2.4(e) shall be deemed to require any nonconforming structure to be brought into compliance with the specified build-to line designations, except in accordance with chapter 26, article 14.

(f)

Corner lots—Milwaukee Avenue. Any structure located on a corner lot along Milwaukee Avenue in the C-1 Downtown Core Commercial District shall be designed and constructed so that the primary/dominant entrance faces Milwaukee Avenue. The design of facades and secondary entrances facing streets other than Milwaukee Avenue shall be compatible with the Milwaukee Avenue facade and entrance.

(g)

Group-family households. The following limitations shall apply to every group-family household established in the C-1 Downtown Core Commercial District:

(1)

Registration. Every group-family household shall file, and maintain current, with the village administrator adequate proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed group-family household, if any.

(2)

Spacing. Each group-family household shall be located at least one thousand (1,000) feet from any other group-family household and any congregate housing facility.

(h)

Congregate housing. The following limitations, in addition to the requirements for special use permits pursuant to section 26-16-9, shall apply to every congregate housing facility established in the C-1 Downtown Core Commercial District:

(1)

Registration. Every congregate housing facility shall file, and maintain current, with the village administrator adequate proof of prior licensing, certification or other approval of every other public agency charged with the regulation of the proposed congregate housing facility, if any.

(2)

Spacing. Every congregate housing facility shall be located at least one thousand (1,000) feet from any other congregate housing facility and any group-family household.

(i)

Day care centers. The following limitations shall apply to every day care center established in the C-1 Downtown Core Commercial District:

(1)

Registration. Every day care center shall register its existence with, and provide a general description of its activities to, the village administrator before commencing operations and at least once each year thereafter.

(2)

Licensing. Every day care center shall file, and maintain current, with the village administrator proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed day care center, if any.

(j)

Bed and breakfast inns. The following limitations, in addition to the requirements for special use permits pursuant to section 26-16-9, shall apply to every bed and breakfast inn established in the C-1 Downtown Core Commercial District:

(1)

Residential dwelling. All such uses shall be conducted in rooms that are part of the primary structure and that were not specifically constructed for rental purposes.

(2)

Number of guests. All such uses shall provide no more than three (3) rooms for guests, and no guest shall be permitted to stay more than two (2) consecutive weeks.

(3)

Parking. Required parking for guests shall be provided on-site meeting all requirements of this chapter.

(4)

License. All such uses shall obtain all necessary business or other licenses, and shall comply with all revenue collection ordinances of the village.

(k)

Application of heritage area appearance code regulations. Any development of property within the C-1 Downtown Core Commercial District shall be subject to the provisions of section 26-7-92.

(l)

Pet grooming services. The following limitations shall apply to every pet grooming service in the C-1 Downtown Core Commercial District:

(1)

Floor area. As an accessory use, the floor area devoted to the pet grooming service shall not exceed ten (10) percent of the ground floor area of a business occupancy.

(2)

Separation. When the pet grooming service is an accessory use to an eating establishment, the pet grooming service shall be separated from all other uses by walls, the openings of which shall be limited to doors and/or grill covered ventilation shafts.

(3)

Self serve. When the pet grooming service is an accessory use to an eating establishment, the pet grooming service area shall be limited to provide baths for pets. Bathing of the pets shall be done by the pet owners only.

(4)

License. All such uses shall obtain all necessary permits or other licenses.

(m)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure.

(n)

Motorcycle dealers. All aspects of motorcycle dealers shall be conducted entirely within an enclosed building and no outdoor storage, outdoor display, or outdoor sales shall be allowed.

(o)

Permanent outdoor dining facilities are permitted in the C-1 Downtown Core Commercial District, but only in accordance with section 26-5-1.10 of this zoning code.

26-5-2.5.

Bulk, space, and yard regulations. The bulk, space, and yard regulations for the C-1 Downtown Core Commercial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the C-1 Downtown Core Commercial District shall not exceed three (3) stories or forty-five (45) feet. For structures exceeding thirty (30) feet in height constructed or expanded after the effective date of the ordinance from which this chapter is derived, all required yards abutting a residential district shall be increased in accordance with the provisions of subsection 26-5-2.5(d). The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3. The maximum height of any flagpole located within the building envelope of a lot shall not exceed the maximum height of the principal structure located upon the lot.

(b)

Minimum lot area. There is no minimum lot area requirement for the C-1 Downtown Core Commercial District, except for structures containing residential dwelling units which shall provide a minimum lot area of one thousand five hundred (1,500) square feet per dwelling unit.

(c)

Minimum lot width. There is no minimum lot width requirement in the C-1 Downtown Core Commercial District.

(d)

Minimum setbacks and yards for commuter rail stations. Commuter rail station buildings, including platform areas, are permitted to have a setback and yard of zero (0) feet from any property line except where the use abuts a residential district. In such case, a yard shall be provided along the district boundary line for both principal and accessory structures in accordance with the requirement of the abutting district.

(e)

Minimum yards. Except as provided in subsection 26-5-2.5(c), no minimum yards are required for a use in the C-1 Downtown Core Commercial District except where the use abuts a residential district. In such case, a yard shall be provided along the district boundary line for both principal and accessory structures in accordance with the requirement of the abutting district.

Additional yards related to building height. For structures exceeding thirty (30) feet in height constructed or expanded after the effective date of the ordinance from which this chapter is derived, a required yard abutting a residential district shall be increased by two (2) feet for every one (1) foot by which the structure exceeds a height of thirty (30) feet.

(f)

Maximum floor area ratio. The maximum floor area ratio for the C-1 Downtown Core Commercial District is 3.0.

(g)

Maximum lot coverage. There is no maximum lot coverage requirement for the C-1 Downtown Core Commercial District.

(h)

Specified structures and uses in required yards. The following structures and uses, except as limited below, may be located in required yards in the C-1 Downtown Core Commercial District:

(1)

Awnings and canopies, projecting not more than four (4) feet into the yard; and

(2)

Bay windows and balconies projecting not more than three (3) feet, but only in front, corner side or rear yards, for a distance not more than one-third (⅓) of the length of such wall; and

(3)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters and the like projecting not more than two (2) feet; and

(4)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(5)

Flagpoles having a height of not more than twenty-five (25) feet; and

(6)

Outside stairways projecting not more than three (3) feet and having a height of not more than three (3) feet; and

(7)

Recreational devices, but not in front or corner side yards; and not closer than five (5) feet from any lot line; and

(8)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet; and

(9)

Terraces.

(i)

Specified structures projecting over the pedestrian way. The following structures and uses, except as limited below, may project over a public pedestrian way in the C-1 Downtown Core Commercial District but only when a minimum vertical clearance of at least eight (8) feet is provided:

(1)

Awnings and canopies, projecting not more than four (4) feet; and

(2)

Bay windows and balconies projecting not more than three (3) feet, but only in front, corner side or rear yards, for a distance not more than one-third (⅓) of the length of such wall; and

(3)

Cornices, eaves, gutters, sills, pilasters, lintels, ornamental features, and the like projecting not more than two (2) feet; and

(4)

Flagpoles having a height of not more than twenty-five (25) feet.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 15-O-14, §§ 3, 4, 2-10-15; Ord. No. 16-O-61, §§ 4, 5, 8, 7-12-16; Ord. No. 22-O-44, § 3, 6-28-22; Ord. No. 23-O-27, § 4, 5-23-23)

26-5-3.1.

Purpose. The C-2 Downtown Community Commercial District is established to provide locations in the fringe areas of downtown for limited commercial activity. The C-2 Downtown Community Commercial District is designed to preserve existing commercial activity while accommodating new commercial activity compatible with the village's existing suburban character.

26-5-3.2.

Permitted uses. Except as specifically limited herein and in subsection 26-5-3.4, the following uses are permitted as of right in the C-2 Downtown Community Commercial Districts but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Accommodations and food service, but limited to:

(1)

Accommodations (721), but further limited to:

a.

Hotels and motels (except casino hotels) (72111).

b.

Other traveler accommodations, but limited to bed-and-breakfast inns (721199).

(2)

Food service and drinking places (722), but further limited to:

a.

Drinking places (7224).

b.

Full service restaurants (7221), including outdoor eating area, but excluding drive-in restaurants.

c.

Limited service eating places (7222), including outdoor eating areas, but excluding drive-in restaurants.

(b)

Administrative and support services, but limited to:

(1)

Business support service (5614).

(2)

Employment services (5613).

(3)

Investigation and security services (5616).

(4)

Office administrative services (5611).

(5)

Travel arrangement and reservation services (5615).

(c)

Arts, entertainment and recreation, but limited to:

(1)

Agents and managers for artists, athletes, entertainers, and other public figures (7114).

(2)

Independent artists, writers, and performers (7115).

(3)

Museums, historical sites, and similar institutions (712).

(4)

Promoters of performing arts, sports and similar events (7113).

(d)

Educational services, but limited to fine arts schools (61161).

(e)

Finance and insurance, but limited to:

(1)

Monetary authorities-central banks (521).

(2)

Credit intermediation and related activities (522), excluding pawn shops.

(3)

Securities, commodity contracts and other financial investments and related activities (523).

(4)

Funds, trusts, and other financial vehicles (525).

(5)

Insurance carriers and related activities, but limited to:

a.

Insurance carriers (5241).

b.

Agencies, brokerages, and other insurance related activities (5242).

(f)

Health care and social assistance, but limited to:

(1)

Offices of dentists (6212).

(2)

Offices of other health practitioners (6213).

(3)

Offices of physicians (6211).

(4)

Social assistance (624), but limited to:

a.

Child day care services (6244).

b.

Services for the elderly and persons with disabilities (62412).

(g)

Other services, but limited to:

(1)

Personal and laundry services (812), but further limited to:

a.

Death care services (8122), but limited to funeral homes and funeral services.

b.

Dry cleaning and laundry services (8123), but limited to dry cleaning and laundry services.

c.

Other personal services (8129), but limited to:

1.

All other personal services (812990).

2.

One-hour photofinishing (812922).

3.

Parking lots and garages (812930).

4.

Pet care (except veterinary services) (81291), but limited to grooming.

5.

Photofinishing (81291).

d.

Personal care services (8121), but limited to:

1.

Hair, nail and skin care services (81211).

2.

Other personal care services (81219), but limited to diet and weight reducing centers.

(2)

Religious grantmaking, civic, professional and similar organizations (813), but excluding religious organizations.

(3)

Repair and maintenance, but limited to:

a.

Automotive repair and maintenance, but limited to vehicle repair, minor.

b.

Electronic and precision equipment repair maintenance (8112).

c.

Personal and household goods repair and maintenance (8114).

(h)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 26-12-12.4.

(i)

Professional, scientific and technical service, but limited to:

(1)

Accounting tax preparation, bookkeeping and payroll services (5412).

(2)

Advertising and public relations and related services (5418).

(3)

Architectural, engineering and related services (5413), except testing laboratories, and environmental engineering services.

(4)

Computer systems design and related services (5415).

(5)

Legal services (5411).

(6)

Management, scientific and technical consulting services (5416).

(7)

Other professional, scientific and technical services (5419), except veterinary.

(8)

Specialized design services (5414).

(j)

Real estate and rental and leasing, but limited to:

(1)

Real estate (531), except lessors of mini-warehouses and self-storage units.

(2)

Rental and leasing services, but limited to consumer goods rental (5322).

(k)

Retail trade, but limited to:

(1)

Building material and garden equipment and supplies dealers (444), but limited to:

a.

Hardware stores (44413).

b.

Other building material dealers (44419), limited to glass stores.

c.

Paint and wallpaper stores (44412).

(2)

Clothing and clothing accessory stores (448).

(3)

Electronics and appliance stores (443).

(4)

Food and beverage stores (445).

(5)

Furniture and home furnishing stores (442).

(6)

Gasoline stations, but limited to gasoline stations with convenience stores (44711), including minor vehicle repair.

(7)

General merchandise stores, but excluding warehouse clubs and superstores (452);.

(8)

Health and personal care stores (446).

(9)

Miscellaneous store retailers (453), except manufactured home dealers;.

(10)

Motor vehicle and parts dealers, but limited to automotive parts and accessory stores, but excluding vehicle repair (441).

(11)

Sporting goods, hobby, book and music stores (451), but excluding gun shops (451110).

(l)

Sports and recreation instruction (611620).

(m)

Public administration (92) but excluding correctional facilities (922140).

26-5-3.3.

Special permit uses. Except as specifically limited herein and in subsection 26-5-3.4, the following uses may be permitted in the C-2 Downtown Community Commercial Districts subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Arts, entertainment and recreation, but limited to:

(1)

Amusement, gambling and recreation industries, but further limited to:

a.

Amusement arcades (71312).

b.

Bowling centers (71395).

c.

Fitness and recreational sports center (713940).

(b)

Congregate housing, but only in dwellings otherwise permitted by subsection 26-5-2.2.

(c)

Drive-in establishments accessory to eating places.

(d)

Drive-in establishments accessory to financial and insurance services and restaurants.

(e)

Dwellings, but only above the first floor of any structure containing a commercial use.

(f)

Information, but limited to motion picture theater (except drive-ins) (512131).

(g)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-5-3.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the C-1 Downtown Core Commercial District, and subject to the requirements of subsection 26-12-12.4.

(h)

Planned developments, but only on sites containing no less than forty thousand (40,000) square feet, subject to the special procedures and standards set forth in subsection 16-13.

(i)

Other electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of subsection 12-13 (221119)

(j)

Education service (611), but limited to:

(1)

Sports and recreation instruction (611620).

26-5-3.4.

Use limitations. The following use limitations shall apply in the C-2 Downtown Community Commercial District:

(a)

Performance standards. Notwithstanding subsections 26-5-3.2 and 26-5-3.3, no use shall be allowed in the C-2 Downtown Community Commercial District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Location of accessory parking. Accessory parking in the C-2 Downtown Community Commercial District shall be located no closer than ten (10) feet from any property line, except when such parking abuts a residential district. In such case, said parking shall be set back from the district boundary line in accordance with the abutting district if the requirements therein are greater than required by this subsection 26-5-3.4(b). Accessory parking shall not be located between the front building line and the front lot line or between the corner side building line and the corner side lot line.

(c)

Group-family households. The following limitations shall apply to every group-family household established in the C-2 Downtown Community Commercial District:

(1)

Registration. Every group-family household shall file, and maintain current, with the village administrator adequate proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed group-family household, if any.

(2)

Spacing. Each group-family household shall be located at least one thousand (1,000) feet from any other group-family household and any congregate housing facility.

(d)

Congregate housing. The following limitations, in addition to the requirements for special use permits pursuant to section 26-16-9, shall apply to every congregate housing facility established in the C-2 Downtown Community Commercial District:

(1)

Registration. Every congregate housing facility shall file, and maintain current, with the village administrator adequate proof of prior licensing, certification or other approval of every other public agency charged with the regulation of the proposed congregate housing facility, if any.

(2)

Spacing. Every congregate housing facility shall be located at least one thousand (1,000) feet from any other congregate housing facility and any group-family household.

(e)

Day care centers. The following limitations shall apply to every day care center established in the C-2 Downtown Community Commercial District:

(1)

Registration. Every day care center shall register its existence with, and provide a general description of its activities to, the village administrator before commencing operations and at least once each year thereafter.

(2)

Licensing. Every day care center shall file, and maintain current, with the village administrator proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed day care center, if any.

(f)

Bed and breakfast inns. The following limitations, in addition to the requirements for special use permits pursuant to section 26-16-9, shall apply to every bed and breakfast inn established in the C-2, Downtown Community Commercial District:

(1)

Residential dwelling. All such uses shall be conducted in rooms that are part of the primary structure and that were not specifically constructed for rental purposes.

(2)

Number of guests. All such uses shall provide no more than three (3) rooms for guests, and no guest shall be permitted to stay more than two (2) consecutive weeks.

(3)

Parking. Required parking for guests shall be provided on-site meeting all requirements of this chapter.

(4)

License. All such uses shall obtain all necessary business or other licenses, and shall comply with all revenue collection ordinances of the village.

(g)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure.

(h)

Permanent outdoor dining facilities are permitted in the C-2 Downtown Community Commercial District, but only in accordance with section 26-5-1.10 of this zoning code.

26-5-3.5.

Bulk, space, and yard regulations. The bulk, space, and yard regulations for the C-2 Downtown Community Commercial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the C-2 Downtown Community Commercial District shall not exceed three (3) stories or forty-five (45) feet. For structures exceeding thirty (30) feet in height constructed or expanded after the effective date of this chapter, a required yard abutting a residential district shall be increased in accordance with the provisions of subsection 26-5-3.5(d). The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3.

(b)

Minimum lot area. The minimum lot area for the C-2 Downtown Community Commercial District is seventy-five hundred (7,500) square feet per lot. Structures with dwelling units located in the C-2 Downtown Community Commercial District shall provide a minimum lot area of seventy-five hundred (7,500) square feet per lot, or one thousand nine hundred (1,900) square feet per dwelling unit, whichever is greater.

(c)

Minimum lot width. The minimum lot width for the C-2 Downtown Community Commercial District is sixty (60) feet.

(d)

Minimum yards. The following minimum yards shall be provided in the C-2 Downtown Community Commercial District:

(1)

Front yard. No front yard is required.

(2)

Corner side yard. No corner side yard is required.

(3)

Interior side yard. An interior side yard of no less than ten (10) feet.

(4)

Rear yard. A rear yard of no less than ten (10) feet.

Yards abutting a residential district. When a use abuts a residential district, a yard shall be provided along the district boundary line in accordance with the abutting district if the requirements set forth therein are greater than the requirements of this subsection 26-5-3.5(d).

Additional yards related to building height. For structures exceeding thirty (30) feet in height constructed or expanded after the effective date of the ordinance from which this chapter is derived, a required yard abutting a residential district shall be increased by two (2) feet for every one (1) foot by which such structure exceeds a height of thirty (30) feet.

Perimeter landscaped open space. For all uses located in the C-2 Downtown Community Commercial District, perimeter landscaped open space shall be provided in accordance with the requirements of section 26-13-2, except that no perimeter landscaped open space shall be required in the front yard or corner side yard.

(e)

Maximum floor area ratio. The maximum floor area ratio for the C-2 Downtown Community Commercial District is 0.5.

(f)

Maximum lot coverage. The maximum lot coverage for the C-2 Downtown Community Commercial District is eighty-five (85) percent.

(g)

Sight distance triangle. No visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(h)

Specified structures and uses in required yards. The following structures and uses, except as limited below, may be located in required yards in the C-2 Downtown Community Commercial District:

(1)

Accessory parking, subject to the limitations of subsection 26-5-3.4; and

(2)

Awnings, canopies, eaves, and gutters projecting not more than three (3) feet into the yard; and

(3)

Bay windows and balconies projecting not more than three (3) feet, but only in a front, corner side or rear yard, for a distance not more than one-third (⅓) of the length of such wall; and

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than two (2) feet; and

(5)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(6)

Flagpoles having a height of not more than twenty-five (25) feet; and

(7)

Outside stairways projecting not more than three (3) feet and having a height of not more than three (3) feet; and

(8)

Recreational devices, but not in front or corner side yards; and not closer than five (5) feet from any lot line; and

(9)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet; and

(10)

Terraces.

(i)

Specified structures projecting over the pedestrian way. The following structures and uses, except as limited below, may project over a public pedestrian way in the C-2 Downtown Community Commercial District, but only when a minimum vertical clearance of at least eight (8) feet is provided:

(1)

Awnings and canopies, projecting not more than four (4) feet; and

(2)

Bay windows and balconies projecting not more than three (3) feet, but only in front, corner side or rear yards, for a distance not more than one-third (⅓) of the length of such wall; and

(3)

Cornices, eaves, gutters, sills, pilasters, lintels, ornamental features, and the like projecting not more than two (2) feet; and

(4)

Flagpoles having a height of not more than twenty-five (25) feet.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 16-O-61, §§ 6, 9, 7-12-16; Ord. No. 22-O-33, § 3, 5-10-22; Ord. No. 23-O-27, § 5, 5-23-23; Ord. No. 24-O-35, § 2, 6-25-24)

26-5-4.1.

Purpose. The C-3 General Commercial District is established to provide locations for a wide variety of commercial uses ranging in both size and intensity.

26-5-4.2.

Permitted uses. Except as specifically limited herein and in subsection 26-5-4.4, the following uses are permitted as of right in the C-3 General Commercial Districts, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Accommodations and food service, but limited to:

(1)

Accommodations (721), but further limited to:

a.

Hotels and motels (except casino hotels) (72111).

b.

Other traveler accommodations, but limited to bed-and-breakfast inns (721199).

(2)

Food service and drinking places (722), but further limited to:

a.

Drinking places (7224).

b.

Full service restaurants (7221), including outdoor eating area, but excluding drive-in restaurants.

c.

Limited service eating places (7222), including outdoor eating areas, but excluding drive-in restaurants.

d.

Special food service (7223), but limited to caterers.

(b)

Administrative and support services, but limited to:

(1)

Business support service (5614).

(2)

Employment services (5613).

(3)

Investigation and security services (5616).

(4)

Office administrative services (5611).

(5)

Other support services (5619).

(6)

Travel arrangement and reservation services (5615).

(c)

Arts, entertainment and recreation, but limited to:

(1)

Agents and managers for artists, athletes, entertainers and other public figures (7114).

(2)

Independent artists, writers and performers (7115).

(3)

Museums, historical sites and similar institutions (712).

(4)

Performing arts companies (7111).

(5)

Promoters of performing arts, sports and similar events (7113).

(d)

Drivers examination center, State of Illinois [Department of]Motor Vehicle[s].

(e)

Educational services, but limited to:

(1)

Business schools and computer and management training (6114).

(2)

Other schools and instruction (6116).

(3)

Technical and trade schools (6115), but limited to cosmetology and barber schools.

(f)

Finance and insurance, but limited to:

(1)

Monetary authorities-central banks (521).

(2)

Credit intermediation and related activities (522), excluding pawnshops.

(3)

Securities, commodity contracts and other financial investments and related activities (523).

(4)

Funds, trusts, and other financial vehicles (525).

(5)

Insurance carriers and related activities, but limited to:

a.

Insurance carriers (5241).

b.

Agencies, brokerages, and other insurance related activities (5242).

(g)

Health care and social assistance, but limited to:

(1)

Offices of dentists (6212).

(2)

Offices of other health practitioners (6213).

(3)

Offices of physicians (6211).

(4)

Social assistance (624), but limited to:

a.

Child day care services (6244).

b.

Services for the elderly and persons with disabilities (62412).

(h)

Other services, but limited to:

(1)

Personal and laundry services (812), but further limited to:

a.

Death care services (8122), but limited to funeral homes and funeral services.

b.

Dry cleaning and laundry services (8123), but limited to dry cleaning and laundry services.

c.

Other personal services (8129), but limited to:

1.

All other personal services (812990).

2.

One-hour photofinishing (812922).

3.

Pet care (except veterinary services) (81291), but limited to grooming.

4.

Photofinishing (81291).

d.

Personal care services (8121), but limited to:

1.

Hair, nail and skin care services (81211).

2.

Other personal care services (812199), but limited to:

a.

Diet and weight reducing centers.

b.

Tanning salons.

c.

Depilatory or electrolysis salons.

d.

Hair replacement or weaving services.

e.

Permanent make-up salons.

f.

Color consulting services.

g.

Scalp treating services.

(2)

Religious grantmaking, civic, professional and similar organizations (813), but excluding religious organizations.

(3)

Repair and maintenance, but limited to:

a.

Automotive repair and maintenance, but limited to vehicle repair, minor.

b.

Electronic and precision equipment repair maintenance (8112).

c.

Personal and household goods repair and maintenance (8114).

(i)

Outdoor display and sales and/or outdoor storage, but only when accessory to a permitted or special permit use and only when occupying seven hundred (700) square feet or less and not more than ten (10) percent of the lot.

(j)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 12-12.4.

(k)

Professional, scientific and technical service, but limited to:

(1)

Accounting tax preparation, bookkeeping and payroll services (5412).

(2)

Advertising and public relations and related services (5418).

(3)

Architectural, engineering and related services (5413), except testing laboratories, and environmental engineering services.

(4)

Computer systems design and related services (5415).

(5)

Legal services (5411).

(6)

Management, scientific and technical consulting services (5416).

(7)

Other professional, scientific and technical services (5419), except veterinary.

(8)

Specialized design services (5414).

(l)

Real estate, rental and leasing services, but limited to:

(1)

Real estate, except lessors of mini-warehouses and self storage units (531).

(2)

Rental leasing services (532), but limited to:

a.

Consumer goods and rental (5322), including accessory outdoor storage of such equipment for rent, but in no event shall such outdoor storage exceed fifteen (15) percent of a lot.

b.

General rental centers (5323), including accessory outdoor storage of such equipment for rent, but in no event shall such outdoor storage exceed fifteen (15) percent of a lot.

(m)

Retail trade, but limited to:

(1)

Building material and garden equipment and supplies dealers (444), but limited to:

a.

Hardware stores (44413).

b.

Home center (44411), excluding outdoor storage.

c.

Nursery, garden center and farm supply stores (44422).

d.

Paint and wallpaper stores (44412).

(2)

Clothing and clothing accessory stores (448).

(3)

Electronics and appliance stores (443).

(4)

Food and beverage stores(445).

(5)

Furniture and home furnishing stores (442).

(6)

Gasoline stations, but limited to gasoline stations with convenience stores (44711), including minor vehicle repair.

(7)

General merchandise stores (452).

(8)

Health and personal care stores (446).

(9)

Miscellaneous store retailers (453), except manufactured home dealers.

(10)

Motor vehicle and parts dealers, but limited to automotive parts and accessory stores, but excluding vehicle repair (441).

(11)

Sporting goods, hobby, book and music stores (451), but excluding gun shops (451110).

(n)

Wholesale trade, but limited to:

(1)

Merchant wholesalers, durable goods (423).

(2)

Merchant wholesalers, non-durable goods (424).

(o)

Fitness and recreation sports centers (713940), but limited to physical fitness studios.

26-5-4.3.

Special permit uses. Except as specifically limited herein and in Section 26-5-4.4, the following uses may be permitted in the C-3 General Commercial Districts subject to the issuance of a special use permit pursuant to subsection 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Congregate housing, but only in dwellings otherwise permitted by this subsection 26-5-4.3.

(b)

Construction, but limited to:

(1)

Construction of buildings (236).

(2)

Special trade contractors (238).

(c)

Day care homes, adult and child—type 2, including outdoor recreational devices.

(d)

Drive-in establishments accessory to financial institutions and credit unions.

(e)

Dwellings, but only above the first floor of any structure containing a commercial use.

(f)

Information, but limited to motion picture theaters (except drive-ins) (512131).

(g)

Long-term care facilities.

(h)

Outdoor display and sales and/or outdoor storage, but only when accessory to a permitted or special permit use, in excess of seven hundred (700) square feet or ten (10) percent of the lot, but in no event in excess of fifteen (15) percent of the lot.

(i)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-5-4.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the C-3 General Commercial District, and subject to the requirements of subsection 12-12.4.

(j)

Planned developments, but only on sites containing no less than forty thousand (40,000) square feet, subject to the special procedures and standards set forth in subsection 26-16-13.

(k)

Retail trade, but limited to:

(1)

Drive-in establishments accessory to full service restaurants and limited service eating places (7221).

(2)

Drive-in establishments accessory to pharmacies and drug stores (4461).

(3)

Gun shops, as a principal or accessory use (451110).

(l)

Senior citizen housing.

(m)

Other services, but limited to:

(1)

Automotive repair and maintenance (811), but limited to car washes.

(2)

Drive-in establishments accessory to dry cleaners (81231).

(3)

Dry cleaning laundry services (8123), but limited to industrial launderers (812332).

(4)

Parking lots and garages (812930).

(5)

Real estate and rental and leasing, but limited to passenger car rental (532111), including outdoor display of such vehicles for rent or lease in excess of the area limitation specified in subsection 26-5-4.3(g).

(n)

Other electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of subsection 12-13 (221119).

(o)

Reserved.

(p)

All other amusement and recreation industries (713990), but limited to:

(1)

Indoor golf simulator centers.

(2)

Axe throwing lounges.

(3)

Bowling centers.

(4)

Escape rooms (713990).

(q)

Other personal care services (81219), but limited to tattoo parlors (812199).

(r)

Veterinary services.

26-5-4.4.

Use limitations. The following use limitations shall apply in the C-3 General Commercial District:

(a)

Performance standards. Notwithstanding subsections 26-5-4.2 and 26-5-4.3, no use shall be allowed in the C-3 General Commercial District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Location of accessory parking. Accessory parking in the C-3 General Commercial District shall be located no closer than ten (10) feet from any property line, except when such parking abuts a residential district. In such case, said parking shall be set back from the district boundary line in accordance with the abutting district if the requirements therein are greater than required by this subsection 26-5-4.4(b).

(c)

Outdoor display and sales. The following limitations shall apply to every outdoor display and sales area established in the C-3 General Commercial District:

(1)

Location. No outdoor display and sales area shall be located in any required yard, nor within ten (10) feet of any property line.

(2)

Screening. All outdoor display and sales areas, when abutting a residential district, shall be screened effectively along the district boundary line, in accordance with the requirements of chapter 26, article 13.

(d)

Outdoor storage. The following limitations shall apply to every outdoor storage area established in the C-3 General Commercial District:

(1)

Location. No outdoor storage area shall be located in any required yard, nor within ten (10) feet of any property line.

(2)

Screening. All outdoor storage areas shall be screened effectively in accordance with the requirements of chapter 26, article 13.

(e)

Group-family households. The following limitations shall apply to every group-family household established in the C-3 General Commercial District:

(1)

Registration. Every group-family household shall file, and maintain current, with the village administrator adequate proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed group-family household, if any.

(2)

Spacing. Each group-family household shall be located at least one thousand (1,000) feet from any other group-family household and any congregate housing facility.

(f)

Congregate housing. The following limitations, in addition to the requirements for special use permits pursuant to section 26-16-9, shall apply to every congregate housing facility established in the C-3 General Commercial District:

(1)

Registration. Every congregate housing facility shall file, and maintain current, with the village administrator adequate proof of prior licensing, certification or other approval of every other public agency charged with the regulation of the proposed congregate housing facility, if any.

(2)

Spacing. Every congregate housing facility shall be located at least one thousand (1,000) feet from any other congregate housing facility and any group-family household.

(g)

Day care centers. The following limitations shall apply to every day care center established in the C-3 General Commercial District:

(1)

Registration. Every day care center shall register its existence with, and provide a general description of its activities to, the village administrator before commencing operations and at least once each year thereafter.

(2)

Licensing. Every day care center shall file, and maintain current, with the village administrator proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed day care center.

(h)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure.

(i)

Permanent outdoor dining facilities are permitted in the C-3 General Commercial District, but only in accordance with section 26-5-1.10 of this zoning code.

26-5-4.5.

Bulk, space, and yard regulations. The bulk, space, and yard regulations for the C-3 General Commercial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the C-3 General Commercial District shall not exceed three (3) stories or forty-five (45) feet. For structures exceeding thirty (30) feet in height constructed or expanded after the effective date of this chapter, a required yard abutting a residential district shall be increased in accordance with the provisions of subsection 26-5-4.5(d). The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3.

(b)

Minimum lot area. The minimum lot area for the C-3 General Commercial District is ten thousand (10,000) square feet. Structures with dwelling units located in the C-3 General Commercial District shall provide a minimum lot area of ten thousand (10,000) square feet or one thousand nine hundred (1,900) square feet per dwelling unit, whichever is greater.

(c)

Minimum lot width. The minimum lot width in the C-3 General Commercial District is sixty-five (65) feet.

(d)

Minimum yards. The following minimum yards shall be provided in the C-3 General Commercial District:

(1)

Front yard. A front yard of no less than twenty-five (25) feet.

(2)

Corner side yard. A corner side yard of no less than twenty-five (25) feet.

(3)

Interior side yard. No interior side yard is required.

(4)

Rear yard. A rear yard no less than ten (10) feet.

Yards abutting a residential district. When a use abuts a residential district, a yard shall be provided along the district boundary line in accordance with the abutting district if the requirements set forth therein are greater than the requirements of this subsection 26-5-4.5(d).

Additional yards related to building height. For structures exceeding thirty (30) feet in height constructed or expanded after the effective date of this chapter, a required yard abutting a residential district shall be increased by two (2) feet for every one (1) foot by which such structure exceeds a height of thirty (30) feet.

Perimeter landscaped open space. For all uses located in the C-3 General Commercial District, perimeter landscaped open space shall be provided in accordance with the requirements of subsection 26-13-2.

(e)

Maximum floor area ratio. The maximum floor area ratio for the C-3 General Commercial District requirement district is 0.5.

(f)

Maximum lot coverage. The maximum lot coverage for the C-3 General Commercial District is eighty-five (85) percent.

(g)

Sight distance triangle. No visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(h)

Specified structures and uses in required yards. The following structures and uses, except as limited below, may be located in required yards in the C-3 General Commercial District:

(1)

Accessory parking, subject to the limitations of subsection 26-5-4.4; and

(2)

Awnings, canopies, eaves, and gutters projecting not more than three (3) feet into the required yard; and

(3)

Bay windows and balconies projecting not more than three (3) feet, but only in front, corner side or rear yards, for a distance not more than one-third (⅓) of the length of such wall; and

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than two (2) feet; and

(5)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(6)

Flagpoles having a height of not more than twenty-five (25) feet; and

(7)

Outside stairways projecting not more than three (3) feet and having a height of not more than three (3) feet; and

(8)

Recreational devices, but not in front or corner side yards; and not closer than five (5) feet from any lot line; and

(9)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet; and

(10)

Terraces.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 16-O-61, §§ 7, 10, 7-12-16; Ord. No. 21-O-22, § 2, 4-27-21; Ord. No. 21-O-92, § 2, 11-23-21; Ord. No. 22-O-33, §§ 4, 5, 5-10-22; Ord. No. 22-O-53, § 2, 7-26-22; Ord. No. 22-O-68, § 2, 8-23-22; Ord. No. 23-O-27, § 6, 5-23-23)

26-5-5.1.

Purpose. The C-4 Shopping Center Commercial District is established to provide locations along major arterial streets for retail-oriented commercial development that serves citizens of the village and the surrounding area. The C-4 Shopping Center Commercial District will be characterized by large-scale mixed-use development that is unified in design, ownership, and control.

26-5-5.2.

Permitted uses. Except as specifically limited herein and in subsection 26-5-5.4, the following uses are permitted as of right in the C-4 Shopping Center Commercial Districts, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Accommodations and food service, but limited to:

(1)

Accommodations (721), but further limited to:

a.

Hotels and motels (except casino hotels) (72111).

b.

Other traveler accommodations, but limited to bed-and-breakfast inns (721199).

(2)

Food service and drinking places (722), but further limited to:

a.

Drinking places (7224).

b.

Full service restaurants (7221), including outdoor eating area, but excluding drive-in restaurants.

c.

Limited service eating places (7222), including outdoor eating areas, but excluding drive-in restaurants.

d.

Special food service (7223), but limited to caterers.

(b)

Administrative and support services, but limited to:

(1)

Business support service (5614).

(2)

Employment services (5613).

(3)

Investigation and security services (5616).

(4)

Office administrative services (5611).

(5)

Other support services (5619).

(6)

Travel arrangement and reservation services (5615).

(c)

Arts, entertainment and recreation, but limited to:

(1)

Agents and managers for artists, athletes, entertainers and other public figures (7114).

(2)

Independent artists, writers and performers (7115).

(3)

Museums, historical sites and similar institutions (712).

(4)

Performing arts companies (7111).

(5)

Promoters of performing arts, sports and similar events (7113).

(d)

Educational services, but limited to

(1)

Business schools and computer and management training (6114).

(2)

Other schools and instruction (6116), except sports and recreation instruction.

(3)

Technical and trade schools (6115), but limited to cosmetology and barber schools.

(e)

Finance and insurance, but limited to:

(1)

Monetary authorities-central banks (521).

(2)

Credit intermediation and related activities (522), excluding pawnshops.

(3)

Securities, commodity contracts and other financial investments and related activities (523).

(4)

Funds, trusts, and other financial vehicles (525).

(5)

Insurance carriers and related activities, but limited to:

a.

Insurance carriers (5241).

b.

Agencies, brokerages, and other insurance related activities (5242).

(f)

Health care and social assistance, but limited to:

(1)

Offices of dentists (6212).

(2)

Offices of other health practitioners (6213).

(3)

Offices of physicians (6211).

(4)

Social assistance (624), but limited to:

a.

Child day care services (6244).

b.

Services for the elderly and persons with disabilities (62412).

(g)

Information, but limited to motion picture theaters (except drive-ins) (512131).

(h)

Other services, but limited to:

(1)

Personal and laundry services (812), but further limited to:

a.

Dry cleaning and laundry services (8123), but limited to dry cleaning and laundry services.

b.

Other personal services (8129), but limited to:

1.

All other personal services (812990).

2.

One-hour photofinishing (812922).

3.

Pet care (except veterinary services) (81291), but limited to grooming.

4.

Photofinishing (81291).

c.

Personal care services (8121), but limited to:

1.

Hair, nail and skin care services (81211).

2.

Other personal care services (81219), but limited to:

a.

Diet and weight reducing centers.

b.

Tanning salons.

c.

Depilatory or electrolysis salons.

d.

Hair replacement or weaving services.

e.

Permanent make-up salons.

f.

Color consulting services.

g.

Scalp treating services.

(2)

Religious grantmaking, civic, professional and similar organizations (813), but excluding religious organizations.

(3)

Repair and maintenance, but limited to:

a.

Electronic and precision equipment repair maintenance (8112).

b.

Personal and household goods repair and maintenance (8114).

(i)

Outdoor display and sales and/or outdoor storage, but only when accessory to a permitted or special permit use and only when occupying one thousand two hundred (1,200) square feet or less and not more than ten (10) percent of the lot.

(j)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 26-12-12.4.

(k)

Professional, scientific and technical service, but limited to:

(1)

Accounting tax preparation, bookkeeping and payroll services (5412).

(2)

Advertising and public relations and related services (5418).

(3)

Architectural, engineering and related services (5413), except testing laboratories, and environmental engineering services.

(4)

Computer systems design and related services (5415).

(5)

Legal services (5411).

(6)

Management, scientific and technical consulting services (5416).

(7)

Other professional, scientific and technical services (5419), except veterinary.

(8)

Specialized design services (5414).

(l)

Real estate, rental and leasing services, but limited to:

(1)

Real estate, except lessors of mini-warehouses and self storage units (531).

(2)

Rental leasing services (532), but limited to:

a.

Consumer goods and rental (5322), including accessory outdoor storage of such equipment for rent, but in no event shall such outdoor storage exceed fifteen (15) percent of a lot.

b.

General rental centers (5323), including accessory outdoor storage of such equipment for rent, but in no event shall such outdoor storage exceed fifteen (15) percent of a lot.

(m)

Retail trade, but limited to:

(1)

Building material and garden equipment and supplies dealers (444), but limited to:

a.

Hardware stores (44413).

b.

Home center (44411), excluding outdoor storage.

c.

Nursery, garden center and farm supply stores (44422).

d.

Paint and wallpaper stores (44412).

(2)

Clothing and clothing accessory stores (448).

(3)

Electronics and appliance stores (443).

(4)

Food and beverage stores(445).

(5)

Furniture and home furnishing stores (442).

(6)

Reserved.

(7)

General merchandise stores (452).

(8)

Health and personal care stores (446).

(9)

Miscellaneous store retailers (453), except manufactured home dealers.

(10)

Motor vehicle and parts dealers, but limited to automotive parts and accessory stores, but excluding vehicle repair (441).

(11)

Sporting goods, hobby, book and music stores (451), but excluding gun shops (451110).

(n)

Transit and ground transportation, but limited to commuter rail systems, including outdoor platform areas (585).

26-5-5.3.

Special permit uses. Except as specifically limited herein and in subsection 26-5-5.4, the following uses may be permitted in the C-4 Shopping Center Commercial Districts subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Accommodations and food service, but limited to:

(1)

Drive-in establishment accessory to full service restaurants and limited service eating places (7221).

(b)

Arts, entertainment and recreation, but limited to:

(1)

Amusement, Gambling and Recreation Industries, but further limited to:

a.

Amusement arcades (71312).

b.

Bowling centers (71395).

c.

Fitness and recreational sports center(713940).

d.

Escape rooms (713990).

(2)

Indoor golf simulator centers.

(c)

Drive-in establishments accessory to financial institutions and credit unions.

(d)

Educational services, but limited to:

(1)

Vocational rehabilitation services (624310).

(2)

Other schools and instruction, but limited to sports and recreation instruction (61162).

(e)

Other services, but limited to:

(1)

Automotive repair and maintenance, but limited to vehicle repair, minor.

(2)

Drive-in establishments accessory to dry cleaners (81231).

(3)

Parking lots and garages (812930).

(f)

Outdoor display and sales and/or outdoor storage, but only when accessory to a permitted or special permit use, in excess of one thousand two hundred (1,200) square feet or ten (10) percent of the lot, but in no event in excess of fifteen (15) percent of the lot.

(g)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-5-5.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the C-4 Shopping Center Commercial District, and subject to the requirements of subsection 12-12.4.

(h)

Planned developments, but only on sites containing no less than one hundred sixty thousand (160,000) square feet, subject to the special procedures and standards set forth in section 26-16-13.

(i)

Real estate and rental and leasing, but limited to passenger car rental (532111), with more than ten (10) vehicles, including outdoor display of such vehicles for rent or lease in excess of the area limitation specified in subsection 26-5-4.4(c).

(j)

Retail Trade, but limited to:

(1)

Drive-in establishments accessory to pharmacies and drug stores (4461).

(2)

Gasoline stations with convenience stores, including vehicle repair, minor (44711).

(3)

Motor vehicles and parts dealers (441), excluding used car dealers (44112). Used car dealers only as accessory to permitted motor vehicles and parts dealers.

(4)

New car dealers (44111), with or without accessory used vehicle sales/leasing, vehicle repair, and outdoor display and sales of such vehicles for sale/lease, but limited to mobile homes.

(k)

Other electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of subsection 26-12-13(221119).

(l)

Lessors of nonresidential buildings (except miniwarehouses) limited to a shared workspace provision.

26-5-5.4

Use limitations. The following use limitations shall apply in the C-4 Shopping Center Commercial District:

(a)

Performance standards. Notwithstanding subsections 26-5-5.2 and 26-5-5.3, no use shall be allowed in the C-4 Shopping Center Commercial District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Outdoor display and sales. The following limitations shall apply to every outdoor display and sales area established in the C-4 Shopping Center Commercial District:

(1)

Location. No outdoor display and sales area shall be located in any required yard or setback, nor within ten (10) feet of any property line.

(2)

Screening. All outdoor display and sales areas, when abutting a residential district, shall be screened effectively along the district boundary line, in accordance with the requirements of chapter 26, article 13.

(c)

Outdoor storage. The following limitations shall apply to every outdoor storage area established in the C-4 Shopping Center Commercial District:

(1)

Location. No outdoor storage area shall be located in any required yard, nor within ten (10) feet of any property line.

(2)

Screening. All outdoor storage areas shall be screened effectively in accordance with the requirements of chapter 26, article 13.

(d)

Day care centers. The following limitations shall apply to every day care center established in the C-4 Shopping Center Commercial District:

(1)

Registration. Every day care center shall register its existence with, and provide a general description of its activities to, the village administrator before commencing operations and at least once each year thereafter.

(2)

Licensing. Every day care center shall file, and maintain current with the village administrator proof of prior licensing, certification or other approval of every public agency charged with the regulation of the proposed day care center, if any.

(e)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure.

(f)

Permanent outdoor dining facilities are permitted in the C-4 Shopping Center Commercial District, but only in accordance with section 26-5-1.10 of this zoning code.

26-5-5.5.

Bulk, space, setback, and yard regulations. The bulk, space, setback, and yard regulations for the C-4 Shopping Center Commercial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the C-4 Shopping Center Commercial District shall not exceed three (3) stories or forty-five (45) feet. The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 12-12.3.

(b)

Minimum lot area. The minimum lot area for the C-4 Shopping Center Commercial District is one hundred sixty thousand (160,000) square feet.

(c)

Minimum lot width. The minimum lot width for the C-4 Shopping Center Commercial District is five hundred (500) feet.

(d)

Minimum setbacks and yards. The following minimum setbacks and yards shall be provided in the C-4 Shopping Center Commercial District:

(1)

Setbacks from streets. A setback of no less than:

a.

Two hundred (200) feet, measured from the centerline of any arterial street.

b.

One hundred twenty (120) feet, measured from the centerline of any collector street.

c.

One hundred (100) feet, measured from the centerline of any local street.

(2)

Interior side yard. An interior side yard of no less than fifty (50) feet.

(3)

Rear yard. A rear yard of no less than fifty (50) feet.

Perimeter landscaped open space. For all uses, except for those perimeter areas in which commuter rail stations, including platform areas, are encroaching into the perimeter landscaped open space area, located in the C-4 Shopping Center Commercial District, perimeter landscaped open space shall be provided in accordance with the requirements of section 26-13-2.

Minimum setbacks and yards for commuter rail stations. Commuter rail station buildings, including platform areas, are permitted to have a setback and yard of zero (0) feet from any property line except where the use abuts a residential district. In such case, a yard shall be provided along the district boundary line for both principal and accessory structures in accordance with the requirement of the abutting district.

(e)

Maximum floor area ratio. The maximum floor area ratio for the C-4 Shopping Center Commercial District is 0.5.

(f)

Maximum lot coverage. The maximum lot coverage for the C-4 Shopping Center Commercial District is eighty-five (85) percent.

(g)

Sight distance triangle. No visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(h)

Specified structures and uses in required yards or setbacks. The following structures and uses, except as limited below, may be located in required yards or setbacks in the C-4 Shopping Center Commercial District:

(1)

Accessory parking, provided no such parking shall be closer than one hundred (100) feet from any arterial street, seventy (70) feet from any Collector street, sixty (60) feet from any Local street, as measured from the centerline of the respective street, and no closer than twenty-five (25) feet from any other lot line; and

(2)

Awnings, canopies, eaves, and gutters projecting not more than two (2) feet into the required yard or setback; and

(3)

Bay windows and balconies projecting not more than three (3) feet, but only in front, corner side or rear yards or setbacks, for a distance not more than one-third (⅓) of the length of such wall; and

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than two (2) feet; and

(5)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(6)

Flagpoles having a height of not more than twenty-five (25) feet; and

(7)

Outside stairways projecting not more than three (3) feet and having a height of not more than three (3) feet; and

(8)

Recreational devices, but only in interior side or rear yards; and not closer than five (5) feet from any lot line; and

(9)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet; and

(10)

Terraces.

(Ord. NO. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 16-O-61, § 11, 7-12-16; Ord. No. 19-O-12, § 3, 2-26-19; Ord. No. 21-O-74, § 2, 10-12-21; Ord. No. 22-O-33, §§ 6, 7, 5-10-22; Ord. No. 23-O-27, § 7, 5-23-23)

26-5-6.1.

Purpose. The C-5 Vehicle Dealer Commercial District is established for the purpose of identifying and delineating those commercial land uses involved in automotive sales, services and related activities; and to provide suitable locations for their establishment and continuance on sites of such size as to be compatible with the general nature of the activities.

26-5-6.2.

Permitted uses. Except as specifically limited herein and in subsection 26-5-6.4, the following uses are permitted as of right in the C-5 Vehicle Dealer Commercial Districts, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 26-12-12.4.

(b)

Real estate and rental and leasing, but limited to automotive equipment rental and leasing (5321), including outdoor display of such vehicles for rent/lease.

(c)

Retail trade, but limited to:

(1)

Motor vehicles and parts dealers (441), excluding used car dealers (44112). Used car dealers only as accessory to permitted motor vehicles and parts dealers;

(2)

New car dealers (44111), with or without accessory used vehicle sales/leasing, vehicle repair, and outdoor display and sales of such vehicles for sale/lease, but excluding mobile homes.

26-5-6.3.

Special permit uses. Except as specifically limited herein and in subsection 26-5-6.4, the following uses may be permitted in the C-5 Vehicle Dealer Commercial Districts subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-5-6.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the C-5 Vehicle Dealer Commercial District, and subject to the requirements of subsection 26-12-12.4.

(b)

Planned developments, but only on sites containing no less than one hundred thousand (100,000) square feet, subject to the special procedures and standards set forth in section 26-16-13.

(c)

Retail trade, but limited to:

(1)

Gasoline stations with convenience stores (44711), including minor vehicle repair.

(d)

Vehicle storage, indoor or outdoor, but only new automobiles and light trucks.

(e)

Other electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of section 26-12-13(221119).

26-5-6.4.

Use limitations. The following use limitations shall apply in the C-5 Vehicle Dealer Commercial District:

(a)

Performance standards. Notwithstanding subsections 26-5-6.2 and 26-5-6.3, no use shall be allowed in the C-5 Vehicle Dealer Commercial District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Outdoor display and sales. The following limitations shall apply to every outdoor display and sales area established in the C-5 Vehicle Dealer Commercial District:

(1)

Location. No outdoor display or sales area shall be located closer than one hundred (100) feet from any arterial street, seventy (70) feet from any collector street, sixty (60) feet from any local street, as measured from the centerline of the respective street, and no closer than twenty-five (25) feet from any other lot line.

(2)

Screening. All outdoor display and sales areas, when abutting a residential district, shall be screened effectively along the district boundary line in accordance with the requirements of chapter 26, article 13.

(c)

Screening of vehicle storage. On all lots where vehicle storage is conducted outdoors as a principal use, such storage shall be buffered and screened with appropriate screening devices such as decorative walls, fences, or berms to a height of at least six (6) feet along all lot lines.

(d)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure.

26-5-6.5.

Bulk, space, setback, and yard regulations. The bulk, space, setback, and yard regulations for the C-5 Vehicle Dealer Commercial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the C-5 Vehicle Dealer Commercial District shall not exceed two and one-half (2½) stories or thirty (30) feet. The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3.

(b)

Minimum lot area. The minimum lot area for the C-5 Vehicle Dealer Commercial District is one hundred thousand (100,000) square feet.

(c)

Minimum lot width. The minimum lot width for the C-5 Vehicle Dealer Commercial District is two hundred fifty (250) feet.

(d)

Minimum setbacks and yards. The following minimum setbacks and yards shall be required in the C-5 Vehicle Dealer Commercial District:

(1)

Setbacks from streets. A setback of no less than:

a.

Two hundred (200) feet, measured from the centerline of any arterial street.

b.

One hundred twenty (120) feet, measured from the centerline of any collector street.

c.

One hundred (100) feet, measured from the centerline of any local street.

(2)

Interior side yard. An interior side yard of no less than fifty (50) feet.

(3)

Rear yard. A rear yard of no less than fifty (50) feet.

Perimeter landscaped open space. For all uses located in the C-5 Vehicle Dealer Commercial District, perimeter landscaped open space shall be provided in accordance with the requirements of section 26-13-2.

(e)

Maximum floor area ratio. The maximum floor area ratio for the C-5 Vehicle Dealer Commercial District is 0.35.

(f)

Maximum lot coverage. There is no maximum lot coverage requirement for the C-5 Vehicle Dealer Commercial District.

(g)

Sight distance triangle. No Visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(h)

Specified structures and uses in required yards or setbacks. The following structures and uses, except as limited below, may be located in required yards or setbacks in the C-5 Vehicle Dealer Commercial District:

(1)

Accessory parking, provided no such parking shall be closer than one hundred (100) feet from any arterial street, seventy (70) feet from any collector street, sixty (60) feet from any local street, as measured from the centerline of the respective street, and no closer than twenty-five (25) feet from any other lot line; and

(2)

Awnings, canopies, eaves, and gutters projecting not more than two (2) feet into the required yard or setback; and

(3)

Bay windows and balconies projecting not more than two (2) feet for a distance not more than one-third (⅓) of the length of such wall; and

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than two (2) feet; and

(5)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(6)

Flagpoles having a height of not more than twenty five (25) feet; and

(7)

Outside stairways projecting not more than three (3) feet and having a height of not more than three (3) feet; and

(8)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet; and

(9)

Terraces.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)