Four zoning districts are provided for business and commercial uses. The purpose of the business districts (B1, B2, HR, and HR-1 districts) is to provide an area for high quality, retail and commercial development that is compatible with the essential character and scale of development of the village. Land uses including small specialty shops, services, and restaurants (along with incidental nonretail uses) are emphasized, although major food or other store "anchors" are permitted to allow for the development of shopping areas that meet a full range of shopping needs for the citizens of Long Grove as well as neighboring communities. Bulk regulations, use limitations, and landscaping requirements are designed to allow commercial development to exist and operate without detracting from the overall community character of the village. Indeed, a properly planned and designed commercial development can do much to enhance that character.

The B1 historic business district is located in the center of the village. It is intended to be a contiguous area serving the community with a wide variety of retail and service uses. in this district, North American industry classification system ("NAICS") codes have been used to represent a range of specific permitted and special uses. Where an NAICS code is not identified, then use is limited exclusively to the specific use(s) listed.

The B2 suburban business district is located in two areas in the village. The purpose of this district is to accommodate specific commercial properties annexed in 1986 and 1988 in the vicinity of Routes 83 and 45. At the time of annexation these properties were not within the then in effect 1979 village comprehensive plan. The intent of the B2 district regulations is to control uses and appearances within the area to effect an aesthetic and orderly transition to the rural character of the village.

The HR highway retail district is located in the Route 53/Lake Cook Road subarea, as identified and described in the village's comprehensive plan. Because of its proximity to major thoroughfares and regional commercial uses, the area is not likely to be developed or redeveloped under the village's other business districts. The intent of the HR district regulations is to control uses and appearances within the area that are consistent with the adjacent thoroughfares, nearby commercial uses, and the village's comprehensive plan for the Route 53/Lake Cook Road subarea, and to effect an aesthetic and orderly transition to the rural character of the village.

The HR-1 highway retail district is primarily located in part of site 4 of the B-1A subarea, as identified and described in the village's comprehensive plan. The intent of the HR-1 district regulations is to control land uses and appearances within the area that are consistent with adjacent thoroughfares and nearby areas likely to be developed or redeveloped for commercial purposes, while minimizing impacts on nearby residential areas and creating and maintaining an aesthetic and orderly transition to the rural character of the village.

(Ord. No. 2014-O-14, 6-24-2014)

The following uses and no others are permitted as of right in the applicable business district:

(A)

B1 district.

1.

Advertising, public relations, media, and market research services (NAICS 541810, 541820, 541830, 541840, 541850, 541860, 541870, 541890, 541910) when located above or below the ground floor.

2.

Administrative and support services, mailing reproduction and stenographic services (NAICS 561110, 561311, 561312, 561330, 561410, 561431, 561439, 561450, 561492, 561499, 561510, 561520, 561591, 561599, 561621, 561622, 561710, 561720, 561740, 561790, 561910, 561920, 561990), but not including call centers, when located above or below the ground floor.

3.

Antique shops, but excluding:

(a)

"Appliance stores, household type, used";

(b)

"Flea markets, used merchandise, permanent"; and

(c)

"Thrift shops, used merchandise".

4.

Clothing, apparel and clothing accessory stores (NAICS 448110, 448120, 448130, 448140, 448150, 448190, 448210), excluding adult novelty.

5.

Art galleries, studios, fine arts schools and classes (NAICS 453920, 541430, 611610).

6.

Baked goods stores (NAICS 445291), with ancillary wholesale services permissible.

7.

Bicycle shop.

8.

Barbershops and beauty salons (NAICS 812111 and 812112).

9.

Bookstores (NAICS 451211) including retailing of used and rare books; but excluding "adult bookstores".

10.

Candy and ice cream stores.

11.

Coin, stamp and collectors items shops.

12.

Computer and data processing services (NAICS 518210), when located above or below the ground floor.

13.

Computer training (NAICS 611420).

14.

Cosmetic, beauty supplies, and perfume stores (NAICS 446120).

15.

Deli and carryout food stores.

16.

Depository institutions without drive-through (NAICS 522110, 522120, 522130, 522190).

17.

Drinking places; alcoholic beverages (NAICS 722410).

18.

Drugstores and pharmacies (NAICS 446110), except for uses subject to special use permits.

19.

Exam preparation and tutoring (NAICS 611691).

20.

Florists (NAICS 453110).

21.

Food and food supplement stores (NAICS 445110, 445120, 445220, 445230, 445292, 445299, 446191).

22.

Footwear and leather goods repair (NAICS 811430).

23.

Formalwear and costume rental (NAICS 532220).

24.

Furniture, floor covering, and window treatment stores (NAICS 442110, 442210, 442291).

25.

Gift, novelty and souvenir stores (NAICS 453220), excluding adult novelty and toy stores.

26.

Hardware and building material stores (NAICS 444130, 444190).

27.

Health and personal care stores and home health equipment rental (NAICS 446199, 532291).

28.

Hobby, toy and game shops (NAICS 451120).

29.

Home furnishings and housewares, including china and glassware (NAICS 442299).

30.

Household appliance and electronic stores (NAICS 443141, 443142) including camera and photography supply stores.

31.

Jewelry stores and clock shops (NAICS 448310).

32.

Landscaping services (NAICS 561730), when located above or below the ground floor, provided that storage of motorized equipment of any kind shall be prohibited.

33.

Liquor stores (NAICS 446120).

34.

Luggage and leather goods stores (NAICS 448320), excluding adult novelty stores.

35.

Manufacture and sale of readily edible foodstuffs as a principal use for on site and off site consumption including candy, bakery goods, taffy apples, ice cream, cheese products, sausage, gourmet foods, and similar food items.

36.

Meat markets (NAICS 445210).

37.

Miscellaneous retail stores (NAICS 453998), excluding fireworks shops.

38.

Museums (NAICS 712110).

39.

Musical instrument and supply stores (NAICS 451140).

40.

Nail salons (NAICS 812113).

41.

Nonacademic schools, classes and instruction (note: NAICS omitted), including handicrafts, arts and crafts; metalworks/woodworks/glassworks; gymnastics; karate, judo, tae kwon do, martial arts; yoga, Pilates, fitness, exercise; cooking, baking and culinary arts; sewing, crafting, needlework, scrapbooking.

42.

Offices, professional (NAICS 522310, 523110, 523120, 523140, 523920, 523930, 523991, 524113, 524126, 524210, 531312, 541110, 541120, 541191, 541199, 541211, 541213, 541214, 541219, 541310, 541320, 541330, 541340, 541350, 541360, 541370, 541380, 541410, 541420, 541430, 541490, 541511, 541512, 541513, 541519, 541611, 541612, 541613, 541614, 541618, 541620, 541690, 541921, 541922, 541930, 541990), but only when located above or below the ground floor, and excluding research and development uses and veterinary services.

43.

Offices of other health practitioners (NAICS 621111, 621112, 621210, 621310, 621320, 621330, 621340, 621391, 621399, 621999).

44.

Open space.

45.

Optical goods stores (NAICS 446130).

46.

Paint and wallpaper stores (NAICS 444120).

47.

Personal care services, limited to color consulting services, day spas, depilatory, ear piercing services, electrolysis, hair removal, hair replacement services, makeup salons, tanning salons (bed and spray).

48.

Personal household goods repair and maintenance (NAICS 811490).

49.

Pet and pet supplies stores (NAICS 453910).

50.

Photographic studios (NAICS 541921).

51.

Picture framing shops.

52.

Real estate agents and brokers (NAICS 531210).

53.

Residential uses and dwelling units, subject to the following limitations:

(a)

Dwelling units shall be allowed on any floor level except the ground floor and in basement areas where a minimum of 50 percent of the exposed exterior wails are above grade.

(b)

There shall be not more than one dwelling unit per business structure and it shall have an area of not less than 750 square feet nor more than 1,200 square feet.

(c)

In the event that a dwelling unit is utilized, an additional two parking spaces, in addition to the required spaces for the business use, shall be required.

54.

Restaurants; limited and full service (NAICS 722511, 722513) including tearooms.

55.

Retail nurseries and garden stores (NAICS 444220), provided that storage of motorized equipment of any kind shall be prohibited.

56.

Sewing, needlework and piece goods (NAICS 451130).

57.

Small animal grooming, including animal grooming services, guide dog training services, obedience training services, pet grooming services, pet training services, and pet sitting services, but excluding shelters and overnight boarding.

58.

Snack and nonalcoholic beverage bars (NAICS 722515).

59.

Sporting goods stores (NAICS 451110), except for gun shops or uses subject to special use permits.

60.

Stationery stores (NAICS 453210).

61.

Theater companies and dinner theaters (NAICS 711110) except burlesque.

62.

Tobacco shop (NAICS 453991), but only for consumption off premises.

63.

Used merchandise stores (NAICS 453310) except:

(a)

Shops receiving materials donated for charity,

(b)

Scrap gold stores,

(c)

Pawnshops,

(d)

"Appliance stores, household type, used",

(e)

"Flea markets, used merchandise, permanent", and

(f)

"Thrift shops, used merchandise".

64.

Veterinary services (NAICS 541940) but excluding: "disease testing services, veterinary", "laboratory testing services, veterinary", "livestock inspecting and testing services, veterinary", "testing laboratories, veterinary", "testing services for veterinarians", and "veterinary testing laboratories".

65.

Winetasting and deli cheese shop.

66.

Video gaming, provided that video gaming shall be limited to establishments holding a valid class V liquor license granted pursuant to title 3, chapter 2 of this code.

(B)

B2 district.

1.

Retail sales.

2.

Offices.

3.

Service businesses.

4.

Restaurants without bars.

5.

Health clubs.

6.

Open space.

7.

Video gaming, provided that video gaming shall be limited to establishments holding a valid class V liquor license granted pursuant to title 3, chapter 2 of this code.

(C)

HR district.

1.

Open space.

2.

Parks.

(D)

HR-1 district.

1.

Open space.

2.

Parks.

(Ord. No. 2008-O-7, 2-26-2008; Ord. No. 2014-O-14, 6-24-2014; Ord. No. 2016-O-02, 1-12-2016)

Accessory structures and uses are permitted in the business districts subject to the provisions of section 5-9-1 of this title.

(Ord. No. 2008-O-7, 2-26-2008)

Temporary uses are permitted in the business districts subject to the provisions of section 5-9-3 of this title.

(Ord. No. 2008-O-7, 2-26-2008)

The uses listed in the following subsections may be permitted in the applicable business districts subject to the issuance of a special use permit as provided in section 5-11-17 of this title:

(A)

B1 District.

1.

Business uses other than those permitted under section 5-4-2 of this chapter.

2.

Electric and telephone substations.

3.

Outdoor dining use that is ancillary to a primary restaurant use and that is conducted within or on a permanent structure that is located higher than grade level, subject to compliance with the license requirements of section 3-7-1 of this Code and the following:

(a)

The outdoor dining use must be an integral part of the principal use.

(b)

The outdoor dining area may only be in use during the hours that the primary restaurant use is in operation, but in no event shall the outdoor dining area be in use between the hours of 11:00 p.m. and 8:00 a.m., unless otherwise approved by the Village Board.

(c)

Unless otherwise provided in the special use permit upon good cause shown, the operation of the outdoor dining use shall not eliminate any required open space, green areas, or parking spaces, and the use of the outdoor dining area shall comply with the off-street parking requirements of section 5-9-4 of this title. The outdoor dining area shall be considered as part of the principal use when determining the maximum floor area permitted in footnote 8 of the table in section 5-4-10 of this chapter.

(d)

The principal use must have adequate restrooms for the additional capacity. If the Village determines that the additional capacity of the outdoor dining use necessitates additional public restrooms, such additional restrooms shall be provided. in addition, any such additional capacity shall be subject to the approval of the Fire Marshal.

(e)

No music or amplified sounds shall be permitted in the outdoor dining area, unless otherwise approved by the Village Board.

(f)

Any outdoor dining area illumination system shall be subject to the review and approval of the Architectural Board.

(g)

Foodstuffs and beverages sold or delivered in the outdoor dining area must be consumed on site.

(h)

If the special use would be in proximity to a residential use, mitigating strategies may be required, dependent upon distance to the residential use, intervening structures, the proposed hours of operation, and other pertinent factors.

4.

B&Bs, subject to the provisions of section 5-9-11 of this title.

5.

Taprooms combined with a brewery or craft brewery, which use may include the production, wholesale distribution, and retail sale of beer and ale for both on-premises and off-premises consumption, provided that:

(a)

Production and wholesale distribution activities may only be operated in conjunction with, and ancillary to, the retail sale of beer or ale on the same zoning lot; and

(b)

The use is operated in compliance with the licensing requirements of title 3, chapter 2 of this Code and all applicable State and Federal requirements.

6.

Building exceeding 5,000 square feet in floor area. Notwithstanding the limitations contained in footnote 8 of the table in section 5-4-10 of this chapter, a special use may be granted to permit a building, including any addition if applicable, to exceed 5,000 square feet in floor area, as measured in footnote 8 of the table in section 5-4-10 of this chapter. No application for a special use shall be recommended by the Plan Commission, nor granted by the Village Board, unless the application is found to: a) meet the special use standards contained in section 5-11-17 of this title, and b) meet or exceed a minimum of 40 criteria points, as allocated in the specific criteria listed below:

(a)

The proposed building, including any addition if applicable, maintains and enhances the historic and architectural character of the Village, through the use of harmonious architectural styles, materials, colors, and an overall quality of design. (Maximum potential 12 points.)

(b)

The proposed building, including any addition if applicable, incorporates a pitched roof design with cedar shake being the preferred roofing material. Additional points may be allocated if the proposed building, including any addition if applicable, uses a stepped or multilevel roof to minimize impact of the building, including any addition if applicable, from neighboring properties. (Maximum potential 12 points.)

(c)

The proposed development, including any addition if applicable, will improve landscape buffering within the vicinity of such building, which landscaping shall be depicted on a detailed landscape plan submitted at the time of application for the special use permit. Plantings that soften and buffer hard improvements from the neighboring properties are strongly recommended and will warrant the allocation of more points under this criterion. (Maximum potential 12 points.)

(d)

The owner provides or installs off site improvements that provide some beneficial amenities to the Village, including, without limitation, decorative lighting, additional landscaping, and paver brick sidewalks or pathways. Any proposed amenity must be reviewed and approved by the Village. (Maximum potential 8 points.)

(e)

The proposed development, including any addition if applicable, will improve pedestrian or vehicular movement, either through the use of shared parking facilities, improved vehicular circulation, or improved pedestrian amenity or access. (Maximum potential 6 points.)

(f)

The proposed development, including any addition if applicable, provides some other beneficial amenities to the Village, in the form of, but not limited to: plazas, parks, fountains, public open space, or public artwork. (Maximum potential 6 points.)

(g)

The existing or proposed business use is consistent with the permitted uses listed in the B-1A subarea plan of the Village's Comprehensive Plan, even if the lot is not located within the B-1A subarea. The permitted business uses listed for the Historic District are the most appropriate uses. (Maximum potential 4 points.)

The Plan Commission shall evaluate the special use application and make a determination as to the points that will be allocated for each of the above listed criteria, which determination shall be forwarded to the Village Board for final action on the special use application. The Plan Commission shall not make a favorable recommendation to the Village Board, and the Village Board shall not grant a special use permit, unless such body determines that the application meets or exceeds the 40-point minimum. Maximum points for each criterion shall only be allocated if the application demonstrates that every aspect of that particular criterion has been met. If an application partially meets a specific criterion, the Plan Commission or Village Board, as the case may be, shall determine the number of points that shall be allocated for that particular criterion based on the materials submitted in the application. No points shall be allocated for any application that fails to meet any of the criteria. The 40-point minimum required by this subsection (A)6 shall be a minimum threshold and shall not guarantee that an application meeting the minimum threshold will be granted a special use.

7.

Massage therapy.

8.

Tattoo parlors.

9.

Baths (steam or Turkish), saunas.

10.

Scalp treating services.

11.

Nonretail uses. Notwithstanding the limitations contained in subsection 5-4-9(B) of this chapter, a special use may be granted for a particular business in the B1 district to exceed the nonretail use limitations, upon the demonstration of satisfactory evidence that a vacancy has existed in the ground floor space of that business for a period of at least 12 months; provided, however, that in no event shall nonretail uses exceed 20 percent of the gross floor area of the ground floor space in the B1 district.

12.

Special Events Venue, but only (a) as part of a planned unit development, (b) only on sites with primary street access along Old McHenry Road, and (c) only on sites that are at least 1,000 feet from another special event venue; and provided that any such special use permit shall be subject to such conditions that the village deems appropriate to mitigate any nuisances or other negative impacts on the community.

(B)

B2 District.

1.

Uses.

(a)

Restaurants with bars.

(b)

Auto, boat, RV, or vehicle related businesses including sales, repair, or other service.

(c)

Fast food restaurants provided they are part of a planned development.

(d)

Any otherwise permitted use that utilizes outside storage of goods or materials other than a screened garbage area.

(e)

Utility substations.

(f)

B&Bs, subject to the provisions of section 5-9-11 of this title.

(g)

Daycare centers, subject to the following:

(1)

Procedure. A special use shall be required to operate a daycare center in the B2 district. The procedures and requirements for special uses set forth in section 5-11-17 of this title shall apply.

(2)

General Standards. The following general standards, in addition to those otherwise set forth in this title, shall apply to the issuance of a special use for a daycare center. No special use shall be approved unless the owner satisfactorily establishes that the issuance of a special use and the operation of a daycare center will not:

A.

Result in the degradation of the quality of the neighborhood within which the proposed daycare center would be located.

B.

Result in the diminution of property values of properties within the neighborhood within which the proposed daycare center would be located.

(3)

Required Approvals.

A.

Each daycare center shall conform with the applicable state standards for a daycare center.

B.

No daycare center shall be established without the prior licensing, certification, permits, or other approvals, including, without limitation, a state daycare license, of every public agency charged with the regulation or supervision of any activity related to the proposed daycare center. Every application for a special use permit for a daycare center shall set forth each agency that must approve the establishment or operation of the service and shall be accompanied by a formal acknowledgment of approval from each such agency. in the event any such approval has been delayed, the application shall set forth the status of each such application, and shall state any facts known to the owner that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special use permit.

C.

The owner shall periodically, upon the village's request, provide evidence of all inspections, licenses, certificates, permits, and approvals required by any public agency charged with the regulation or supervision of any activity related to the proposed daycare center and shall demonstrate to the satisfaction of the village compliance with all applicable state and local regulations.

(4)

Parking and Pick Up/Drop Off. Adequate on site parking and pick up and drop off areas shall be provided for each daycare center. in no event shall there be fewer than one parking space per employee plus one parking space for every eight children served by the daycare center, unless otherwise recommended by the plan commission and approved in the ordinance granting the special use for the daycare center.

(5)

Landscaping. as part of the special use application, the owner shall submit to the village for its review and approval a landscape plan. in addition to meeting the requirements of section 5-9-7 of this title, the landscape plan shall include perimeter plantings to ensure that the operation of the daycare center shall cause no adverse impact on neighboring properties.

(h)

Medical cannabis dispensaries operating pursuant to the compassionate use of medical cannabis pilot program act, 410 ILCS 130/1 et seq. ("medical cannabis act"), provided that:

(1)

"Medical cannabis dispensary" means a facility operated by an organization or business that is registered by the Illinois department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

(2)

Each medical cannabis dispensary shall strictly comply with all applicable laws, regulations, rules, and ordinances, including, without limitation, the medical cannabis act and all administrative rules and regulations adopted in accordance therewith. Unless otherwise provided by state law, the dispensary shall conform to all requirements of this code and all other village rules, regulations and ordinances.

(3)

Location.

A.

No dispensary may be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility.

B.

A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

C.

A dispensary shall be located a minimum of 1,000 feet from any other medical cannabis dispensary, measured from the parcel boundaries.

(i)

Medical cannabis cultivation centers operating pursuant to the medical cannabis act, provided that:

(1)

"Medical cannabis cultivation center" means a facility operated by an organization or business that is registered by the Illinois department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

(2)

Each medical cannabis cultivation center shall strictly comply with all applicable laws, regulations, rules, and ordinances, including, without limitation, the medical cannabis act and all administrative rules and regulations adopted in accordance therewith. Unless otherwise provided by state law, the cultivation center shall conform to all requirements of this code and all other village rules, regulations and ordinances.

(3)

No cultivation center may be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or an area zoned for residential use.

(4)

All cultivation center operations and activities must be conducted in fully enclosed buildings.

(5)

All cultivation center buildings shall be set back a minimum of 250 feet from any lot line that borders one or more properties zoned in the R1, R2, or R3 residential district.

2.

Maximum Gross Floor Area. Notwithstanding the limitations contained in section 5-4-10 of this chapter, a special use may be granted to permit the gross floor area of a lot in the B2 district to be not more than 60 percent of the lot area.

3.

Basement Exclusion. A special use may be granted to exclude the floor area of a basement located entirely below grade from the calculation of the maximum allowable floor area for a building in the B2 district pursuant to the table in section 5-4-10 of this chapter, subject to the following conditions:

(a)

No retail, office, or other business activity or use shall be permitted in the basement of a building for which a special use permit pursuant to this subsection (B)3 is granted, and no public access shall be permitted in such basement.

(b)

Notwithstanding the restrictions contained in subsection (B)3(a) of this section, such basement of a building for which a special use permit is granted pursuant to this subsection (B)3 may be used exclusively for storage purposes, provided that: 1) such storage use shall be restricted to the storage by the current owner(s) or occupant(s) of the businesses in the building of items that are necessary or related to the business activities conducted in that building and 2) no owner or occupant shall store, or otherwise permit the storage of, items that are not necessary or related to the business activities conducted in that building for a fee or otherwise.

(c)

The owner of the building shall execute a covenant restricting the use of the basement consistent with this subsection (B)3, which covenant shall be recorded against the lot or lots on which the building is located.

(C)

HR District.

1.

Home improvement stores, retail stores, and restaurants, if approved pursuant to an ordinance granting approval of a planned unit development.

2.

Medical cannabis dispensaries, operating pursuant to the medical cannabis act, if approved pursuant to an ordinance granting approval of a planned unit development, provided that:

(a)

"Medical cannabis dispensary" means a facility operated by an organization or business that is registered by the Illinois department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

(b)

Each medical cannabis dispensary shall strictly comply with all applicable laws, regulations, rules, and ordinances, including, without limitation, the medical cannabis act and all administrative rules and regulations adopted in accordance therewith. Unless otherwise provided by state law, the dispensary shall conform to all requirements of this code and all other village rules, regulations and ordinances.

(c)

Location.

(1)

No dispensary may be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility.

(2)

A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

(3)

A dispensary shall be located a minimum of 1,000 feet from any other medical cannabis dispensary, measured from the parcel boundaries.

3.

Medical cannabis cultivation centers operating pursuant to the medical cannabis act, provided that:

(a)

"Medical cannabis cultivation center" means a facility operated by an organization or business that is registered by the Illinois department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

(b)

Each medical cannabis cultivation center shall strictly comply with all applicable laws, regulations, rules, and ordinances, including, without limitation, the medical cannabis act and all administrative rules and regulations adopted in accordance therewith. Unless otherwise provided by state law, the cultivation center shall conform to all requirements of this code and all other village rules, regulations and ordinances.

(c)

No cultivation center may be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or an area zoned for residential use.

(d)

All cultivation center operations and activities must be conducted in fully enclosed buildings.

(e)

All cultivation center buildings shall be set back a minimum of 250 feet from any lot line that borders one or more properties zoned in the R1, R2, or R3 residential district.

4.

Such other uses as may be consistent with the village's comprehensive plan and expressly authorized pursuant to an ordinance granting approval of a planned unit development.

5.

Video gaming, provided that video gaming shall be limited to establishments holding a valid class V liquor license granted pursuant to title 3, chapter 2 of this code.

(D)

HR-1 District.

1.

Grocery stores, drugstores, retail stores, coffee shops, dry cleaning plant and store, restaurants, community centers, and outdoor dining, if approved pursuant to an ordinance granting approval of a planned unit development, which planned unit development may only include either: a) property located exclusively within the HR-1 district or b) property located within the HR-1 and one or more of the OS districts.

2.

Medical cannabis dispensaries, operating pursuant to the medical cannabis act, if approved pursuant to an ordinance granting approval of a planned unit development, provided that:

(a)

"Medical cannabis dispensary" means a facility operated by an organization or business that is registered by the Illinois department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

(b)

Each medical cannabis dispensary shall strictly comply with all applicable laws, regulations, rules, and ordinances, including, without limitation, the medical cannabis act and all administrative rules and regulations adopted in accordance therewith. Unless otherwise provided by state law, the dispensary shall conform to all requirements of this code and all other village rules, regulations and ordinances.

(c)

Location.

(1)

No dispensary may be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility.

(2)

A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

(3)

A dispensary shall be located a minimum of 1,000 feet from any other medical cannabis dispensary, measured from the parcel boundaries.

3.

Medical cannabis cultivation centers operating pursuant to the medical cannabis act, provided that:

(a)

"Medical cannabis cultivation center" means a facility operated by an organization or business that is registered by the Illinois department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

(b)

Each medical cannabis cultivation center shall strictly comply with all applicable laws, regulations, rules, and ordinances, including, without limitation, the medical cannabis act and all administrative rules and regulations adopted in accordance therewith. Unless otherwise provided by state law, the cultivation center shall conform to all requirements of this code and all other village rules, regulations and ordinances.

(c)

No cultivation center may be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or an area zoned for residential use.

(d)

All cultivation center operations and activities must be conducted in fully enclosed buildings.

(e)

All cultivation center buildings shall be set back a minimum of 250 feet from any lot line that borders one or more properties zoned in the R1, R2, or R3 residential district.

4.

Such other uses as may be consistent with the village's comprehensive plan and expressly authorized pursuant to an ordinance granting approval of a planned unit development.

5.

Video gaming, provided that video gaming shall be limited to establishments holding a valid class V liquor license granted pursuant to title 3, chapter 2 of this code.

(E)

All Districts. The following shall be permitted as a special use permit in all business districts:

1.

Personal wireless services antennas, but only subject to the special procedures and standards contained in subsection 5-9-1(D)7 of this title.

2.

Planned unit developments, but only subject to the special procedures and standards set forth in section 5-11-18 of this title.

(Ord. No. 2008-O-7, 2-26-2008; Ord. No. 2014-O-14, 6-24-2014; Ord. No. 2014-O-19, 9-22-2014; Ord. No. 2014-O-25, 10-28-2014; Ord. No. 2016-O-02, 1-12-2016; Ord. 2016-O-18, 9-13-2016; Ord. No. 2024-O-17, § 2, 11-26-2024)

The parking requirements applicable in the business districts are set forth in section 5-9-4 of this title.

(Ord. No. 2008-O-7, 2-26-2008)

The sign regulations applicable in the business districts are set forth in section 5-9-5 of this title.

(Ord. No. 2008-O-7, 2-26-2008)

The requirements relating to buffer yards, landscaping, and screening of certain uses and structures in the business districts are set forth in section 5-9-7 of this title.

(Ord. No. 2008-O-7, 2-26-2008)

(A)

Use Limitations Generally Applicable in all Business Districts.

1.

One Principal Use Per Lot. Unless otherwise permitted expressly pursuant to a special use permit or planned unit development approval, each principal use shall be located entirely on a single zoning lot.

2.

Operations Within Buildings. All business, service, storage, merchandise display, and, where permitted, repair and processing shall be conducted wholly within an enclosed building, and are not allowed on porches, decks, stairs, open doors, doorways, or roofs, except for the following:

(a)

Outdoor dining subordinate and ancillary to a restaurant use or other permitted use that is subject to a special use permit pursuant to subsection 5-4-5(A)3 of this chapter or as a temporary use pursuant to section 5-9-3 of this title.

(b)

Off-street automobile parking and off-street loading.

(c)

Where otherwise expressly permitted in this title.

3.

Noxious or Offensive Impact Prohibited. No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter or water carried waste, odor, smoke, cinders, gas, fumes, noise, vibration, or glare.

(B)

Special B1 District Use Limitations.

1.

Nonretail Uses. Notwithstanding the regulations contained in this title that are otherwise applicable, the following use limitations shall apply within the B1 district, unless otherwise approved by an ordinance of the village board, which ordinance shall not require public notice or hearing prior to its adoption:

(a)

The aggregate floor area devoted to nonretail uses in the B1 district shall be limited to 20 percent of ground floor space in the B1 district; and

(b)

The number of all ground floor storefronts within the B1 district devoted to nonretail uses shall be limited to 20 percent of all ground floor storefronts within the B1 district.

2.

Multiple Buildings. More than one structure may be erected and maintained on a single lot, provided that the lot complies with all requirements of this title and all other village ordinances. Where more than one structure is erected and maintained on a single lot, a 20-foot separation must be maintained between structures; provided, however, that covered walkways may be constructed to connect structures if such walkways are not used as commercial areas.

3.

Sale of Manufactured or Produced Goods. All goods or foodstuffs produced or manufactured on any premises situated in the B1 district shall be sold at retail only, not wholesale.

4.

Hours of Operation in B1 District. The hours of operation of businesses within the B1 district shall be confined to the hours of 5:00 a.m. to 12:00 midnight, except for: a) special events specifically approved by the village board and b) restaurants issued a liquor license that otherwise regulates the hours of operation.

5.

Architectural Board Review. All architectural plans for buildings in the B1 district shall be reviewed and approved by the architectural board prior to issuance of any building permit for "new construction" or "major remodeling or improvements", as defined in section 5-11-4 of this title, in accordance with section 5-11-19 of this title.

(C)

Special B2 District Use Limitations.

1.

Nonretail Uses. Notwithstanding the regulations contained in this title that are otherwise applicable, the following use limitations shall apply within the B2 district:

(a)

The aggregate floor area devoted to nonretail uses in the B2 district shall be limited to 40 percent of ground floor space in the B2 district; and

(b)

The number of all ground floor storefronts within the B2 district devoted to nonretail uses shall be limited to 40 percent of all ground floor storefronts within the B2 district.

2.

Existing Uses in the B2 District. Nonconforming existing uses which were existing at the time that the lot was initially zoned in the B2 district, may continue to be utilized and operated in the same fashion as prior to the imposition of the B2 district zoning. in the event any such use of a building shall be partially or entirely destroyed by fire or otherwise, the use or building may be reconstructed to the same square footage and for the same use previously existing at the time that the B2 district zoning was impressed upon the lot.

(D)

Special HR District Use Limitations.

1.

Nonretail Uses. Notwithstanding the regulations contained in this title that are otherwise applicable, the aggregate floor area devoted to nonretail uses in connection with a special use authorized in the HR highway retail district shall be limited to seven percent of the floor area in the HR highway retail district, unless otherwise approved pursuant to an ordinance granting approval of a planned unit development. in addition, the ordinance granting approval of a planned unit development may further restrict the number of all storefronts within the HR highway retail district devoted to nonretail uses.

2.

Sanitary Sewer Systems in the HR Districts. All developments located in the HR district shall be served by public sanitary sewer systems.

(E)

Special HR-1 District Use Limitations.

1.

Nonretail Uses. Notwithstanding the regulations contained in this title that are otherwise applicable, the aggregate gross floor area devoted to nonretail uses in connection with an approved planned unit development shall be limited as follows, unless otherwise expressly authorized in the ordinance granting approval of the planned unit development:

(a)

In a planned unit development containing a grocery store, the aggregate gross floor area devoted to nonretail uses shall be limited to 18.5 percent of the gross floor area in the planned unit development.

(b)

In a planned unit development that, because of physical limitations or recorded use restrictions, is not designed to include a grocery store, the aggregate gross floor area devoted to nonretail uses shall be limited to 50 percent of the gross floor area in the planned unit development.

2.

Sanitary Sewer Systems in the HR-1 District. All developments located in the HR-1 District and approved as part of a planned unit development shall be served by public sanitary sewer systems.

3.

Storefronts. The ordinance granting approval of a planned unit development in the HR-1 District may restrict the number of storefronts within the planned unit development.

4.

Dry Cleaning Plants. No dry cleaning plant may operate in the HR-1 District unless it is a closed loop system or other system meeting all current State environmental standards. The ordinance granting approval of a planned unit development in the HR-1 District may include additional requirements to minimize potential environmental impacts of such a plant.

5.

Outdoor Business Activities. Unless otherwise approved pursuant to an ordinance granting approval of a planned unit development in the HR-1 District, all sales, storage, and displays in connection with a business use in the HR-1 District shall be in fully enclosed buildings.

(Ord. No. 2008-O-7, 2-26-2008; Ord. No. 2014-O-14, 6-24-2014; Ord. No. 2014-O-19, 9-22-2014; Ord. No. 2014-O-20, 9-22-2014)

The building height, lot, yard, floor area ratio, and coverage requirements applicable in the Business Districts are set forth in the following table. Footnote references appear at the end of the table.

Exceptions and Explanatory Notes:

1.

Height Limitation for Accessory Structures. No accessory structure shall exceed 15 feet in height; provided, however, that the height of antennas shall be governed by subsections 5-9-1(D)7 and (D)8, and section 5-9-6 of this title.

2.

Nonconforming Lots. See section 5-10-5 of this title for lot requirements with respect to legal nonconforming lots of record.

3.

Permitted Obstruction in Required Yards. See section 5-9-8 of this title for certain structures and uses that may be located in certain required yards.

4.

Special Conservancy and Scenic Corridor Areas. Special setbacks for conservancy areas and scenic corridor areas established in title 7 of this Code shall control over the yard and setback requirements established in this table.

5.

B2 and HR Residential Setback. All buildings shall be set back from the lot line adjacent to a residential use a distance equal to the setback requirement on the adjacent residential lot for that setback, but in no event shall the setback from any adjacent residential lot be less than 100 feet on any lot zoned in the HR District.

6.

B2, HR, and HR-1 District Access Drive. All buildings shall have a minimum 12-foot paved access drive between the building and either: a) the edge of the buffer yard if required by section 5-9-7 of this title, or b) if no buffer yard is required, the lot line. for purposes of this subsection, the "lot line" within a planned unit development in the HR-1 District shall be deemed to be the lot line separating the planned unit development from properties not within the planned unit development.

7.

B1 District Front Yard. The front yard shall be a minimum of 20 feet from the existing right-of-way line that is 33 feet from the center of Long Grove Road and 40 feet from the center of Old McHenry Road.

8.

Maximum Floor Area in B1 District. Except as authorized by a special use permit pursuant to subsection 5-4-5(A)6 of this chapter, the maximum floor area permitted on a lot in the B1 District shall be 5,000 square feet.

9.

Floor Area Ratio for B2 District. Pursuant to subsection 5-4-5(B)2 of this chapter, the maximum floor area for a lot in the B2 District may be increased up to 60 percent pursuant to a special use permit.

10.

Floor Area Ratio for HR District Planned Unit Development. The maximum floor area for a planned unit development in the HR District may be increased subject to the limitations contained in subsection 5-11-18(E)2(n)(1) of this title.

11.

Maximum Height for HR-1 District Planned Unit Development. The maximum height for buildings in a planned unit development in the HR-1 District may be increased subject to the limitations contained in subsection 5-11-18(E)2(n)(3) of this title.

12.

Minimum Area for HR-1 District Planned Unit Development. The minimum area for any planned unit development approved under the HR-1 District regulations (including property within or without the HR-1 District) is 14 acres, except for a planned unit development planned in an integrated and compatible manner with an adjacent planned unit development of 14 acres or more.

13.

Yard Requirements for HR-1 District Planned Unit Development: The yard requirements for a planned unit development approved under the HR-1 District regulations may be modified in accordance with subsection 5-11-18(E)2(j) of this title.

14.

Floor Area Ratio for HR-1 District Planned Unit Development. The maximum floor area for a planned unit development approved under the HR-1 District regulations may be increased subject to the limitations contained in subsection 5-11-18(E)2(n)(2) of this title.

15.

Impervious Surface Coverage for HR-1 District Planned Unit Development. The maximum impervious surface coverage for a planned unit development approved under the HR-1 District regulations may be increased subject to the limitations contained in subsection 5-11-18(E)2(n)(2) of this title.

16.

Building Separations in the HR-1 District Planned Unit Development. The minimum space between principal or accessory buildings within a planned unit development approved under the HR-1 District regulations may be modified in accordance with subsection 5-11-18(E)2(i) of this title.

17.

Total Area of HR District. The total land area of any parcel of the HR Highway Retail District shall not be less than 20 acres, provided however that a parcel less than 20 acres may be zoned into the HR Highway Retail District if: a) it is contiguous to other property in the HR Highway Retail District for which planned unit development approval has been granted, and b) it would otherwise be integrated with such existing HR Highway Retail District property.

(Ord. No. 2008-O-7, 2-26-2008; Ord. No. 2010-O-24, 8-24-2010)