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Lyons City Zoning Code

CHAPTER 7

BUSINESS DISTRICTS

13-7-1: BULK REGULATIONS:

The following bulk regulations apply to the B-1 and B-2 business districts: (2009 Code)
   A.   Minimum Lot Size: With the exception of requirements that may be placed on planned unit developments, there are no lot size requirements for any permitted or specially permitted use listed in articles A and B of this chapter.
   B.   Setbacks:
      1.   Front Yard: A substantially uniform front yard setback amounting to ten percent (10%) of the total lot area shall remain free of structures, buildings, parking lots and other hard surfaces (except sidewalks and driveways). Said area shall be landscaped with bushes and grass pursuant to a landscape plan approved by the zoning administrator or zoning board of appeals/plan commission prior to issuance of any permits.
      2.   Rear Yard: A twenty foot (20') rear yard setback shall be required where any B-1 or B-2 zoned property abuts or is separated from any residentially zoned or community recreation property. The width of an alley may be counted in the twenty foot (20') rear setback. The rear yard setback, other than any alley width, shall be appropriately landscaped to screen the abutting residential or community recreation zoned property.
      3.   Side Yard: A twenty foot (20') side yard setback shall be required where any B-1 or B-2 zoned property abuts or is separated from any residentially zoned or community recreation zoned property. The width of an alley may be counted in the twenty foot (20') side yard setback. The side yard setback, other than any alley width, shall be appropriately landscaped to screen the abutting residential or community recreation zoned property.
   C.   Building Height: Maximum forty five feet (45') from the average elevation of the finished grade within twenty feet (20') of the front of the proposed building.
   D.   Off Street Parking: See chapter 12 of this title.
   E.   Refuse Receptacle Screening: All dumpsters and other garbage or refuse receptacles shall be screened from view by landscaping, fences, or walls. (Ord. 05-15-07-02, 5-15-2007)

13-7A-1: PURPOSE:

The purpose of the B-1 retail business district is to provide for a range of retail businesses along the primary commercial thoroughfares of the village, including those businesses that meet the day to day shopping needs of the village residents and provide destination oriented retail, restaurants, and entertainment, together with limited service oriented businesses on second floors, for a wider regional population. (Ord. 05-15-07-02, 5-15-2007)

13-7A-2: PERMITTED USES:

Accessory uses customarily incidental to the permitted uses below, but not limited to off street parking, off street loading, and signs.
Antique shops.
Art and school supply stores.
Art galleries.
Audio and video equipment sales and service.
Automobile accessory stores with no drive-in service.
Automobile sales, new vehicles only, and service, but not including body shops.
Bakeries with retail sales.
Bicycle stores; sales, rental, and service.
Books and stationery stores.
Butcher shops.
Camera and photographic supplies stores.
Candy stores and ice cream parlors.
Carpet and rug stores.
China and glassware stores.
Christmas tree sales.
Clothing stores.
Coin and philatelic stores.
Delicatessens.
Department stores.
Drugstores.
Fabric and upholstery stores.
Florist shops.
Furniture stores.
Furrier shops, including storage and conditioning.
Gardening supply and plant stores.
General office - second floor only.
Gift shops.
Grocery stores.
Hardware stores.
Hobby shops.
Jewelry stores.
Leather and luggage stores.
Liquor stores.
Music stores; sheet and recorded music and instrument sales.
Office supply stores.
Paint and wallpaper stores.
Pet shops.
Picture frame shops.
Restaurants, including sale of alcoholic beverages.
Shoe stores.
Sporting goods stores.
Taverns, bars, saloons, and brewpubs.
Tobacco shops.
Toy stores.
Other uses that may, from time to time, be recommended by the zoning board of appeals/plan commission and approved by the board of trustees, and that are substantially similar to above listed uses. (Ord. 05-15-07-02, 5-15-2007; amd. Ord. 12-16-10-05, 12-16-2010)

13-7A-3: SPECIAL USES:

   A.   Second Floor Only: The following special uses shall be permitted only on the second floor above any permitted use:
      Custom dressmaking and tailor shops.
      Live/work space.
      Mobile communication sales.
      Mortgage and loan services.
      Multi-family residential.
      Travel agencies. (Ord. 05-15-07-02, 5-15-2007)
   B.   First Floor, Second Floor And Freestanding Only: The following special uses may be permitted on either a second floor above a permitted use, on a first floor, or as a freestanding structure:
      Banks.
      Barbershops/hair salons.
      Bars and taverns with live entertainment, not including adult uses.
      Billiard parlors.
      Currency exchanges, not payday loan.
      Drive-in businesses; restaurants and retail.
      Dry cleaners.
      Gasoline stations with minimarts.
      Hotels and motels, with meeting facilities.
      Insurance sales.
      Leather and shoe repair.
      Nail salons.
      Open air markets.
      Outdoor cafes.
      Photography studios.
      Physical health services; including health clubs.
      Planned unit developments.
      Real estate sales. (Ord. 05-15-07-02, 5-15-2007; amd. Ord. 03-16-10-04, 3-16-2010)
   C.   Office Space On Ground Floor: Office space on the ground floor of an occupancy located in a B-1 zoned district will be allowed as a special use subject to the following conditions:
      1.   The special use will be assigned to and run with the occupant, not the occupancy. Should the occupant that was granted the special use vacate the property, the special use will be immediately vacated.
      2.   The applicant must file a floor plan showing the area that is to be occupied under the special use as office space. This area may not be increased at any time without applying for a new or amended special use.
      3.   The applicant must show there is adequate parking to meet the needs of the special use and the remaining retail sales space for both employees and patrons. Such parking shall conform to the requirements of this code.
      4.   Should the retail sales occupancy vacate the premises, the vacated space may only be occupied by a retail sales business allowed as a permitted or special use as set forth in this code.
      5.   The applicant may not sublease any of the office space to any business that is not affiliated with or a subsidiary activity of the applicant. (Ord. 12-16-10-05, 12-16-2010)

13-7B-1: PURPOSE:

The purpose of the B-2 service business district is to provide for a range of service businesses along the secondary commercial thoroughfares of the village that meet the day to day service needs of the village residents. (Ord. 05-15-07-02, 5-15-2007)

13-7B-2: PERMITTED USES:

Unless otherwise designated as a special use in section 13-7B-3 of this article, any permitted or special use in the B-1 retail business district; second floor location not required. (Ord. 05-15-07-02, 5-15-2007)

13-7B-3: SPECIAL USES:

Assembly uses, religious institutions, fraternal organizations, and social clubs.
Automobile service, including body shops.
Building materials storage and sales.
Child daycare facilities.
Outdoor storage and parking; site plan required.
Planned unit development.
Print shops.
Soda packaging.
Wholesale distribution. (Ord. 05-15-07-02, 5-15-2007)