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Machesney Park City Zoning Code

ARTICLE X

- COMMERCIAL DISTRICTS

Sec. Z-50.- General purposes.

The commercial districts are established in this chapter in order to achieve the following general purposes:

(1)

To protect commercial areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odor, heat, glare and other objectionable influences incidental to industrial uses.

(2)

To provide appropriately located areas for retail stores, offices, service establishments, wholesale business and amusement establishments offering commodities and service required by residents of the village and its market area.

(3)

To provide opportunities for retail stores, offices, service establishments, wholesale business and amusement establishments to concentrate in certain areas for the convenience of the public and for the beneficial relationship of each other.

(4)

To provide for community facilities and institutions that may be located in commercial areas.

(5)

To provide adequate space to meet the needs of commercial development, including off-street parking and loading facilities.

(6)

To minimize traffic congestion and to avoid the over loading of public facilities by regulating the construction of building in relation to the area of the zoning lot.

(7)

To minimize any blight, objectionable appearance, or detrimental effect to adjacent properties by requiring all exterior structural surfaces and exterior areas of premises to be maintained in a structurally sound, weatherproofed, and damage-free condition. (Ord. No. 4-97)

Sec. Z-51. - Special purposes.

In addition to the general purposes prescribed in section Z-50, each commercial district has been established in this chapter to achieve the following special purposes:

(1)

The CN Commercial Neighborhood District is established for the convenience of persons residing in nearby residential areas and is limited to accommodating the basic recurring shopping needs of the typical family. The area of the CN district should be limited in order to reduce the traffic generated to an amount which will not be detrimental to the surrounding residential neighborhood.

(2)

The CC Commercial Community District is established to accommodate a greater variety of goods and services than permitted in the CN district, including business establishments which serve a larger segment of the village than the immediate surrounding residential area. This district includes the sub-regional shopping centers.

(3)

The CG Commercial General District is established to accommodate a greater variety of goods and services than permitted in the CC district, and to provide appropriately located areas for commercial uses having features that are incompatible with the purpose of other commercial districts.

Sec. Z-52. - Commercial design standards.

1.

Intent. The commercial design standards are intended to elevate the standard of the built environment in the Village of Machesney Park. The standards have been written to attract quality, aesthetic developments that raise and maintain property values in the village. These minimum design standards offer flexibility in order to recognize business identities that influence the look and feel of commercial developments.

2.

Applicability.

a.

New buildings. The commercial design standards shall apply to all new buildings constructed in the CN Commercial Neighborhood, CC Commercial Community, CG Commercial General, and OF Office districts as of the effective date of this ordinance. (Excluded from these design standards are public schools, colleges, universities and professional schools that may be constructed in any of these zoning districts.)

b.

Existing buildings. These standards also apply to all existing structures in the CN, CC, CG, and OF zoning districts that undergo improvements, including, but not limited to, renovation, an addition, reconstruction, painting, or exterior façade treatments, for which at least 25 percent of the surface area of all building elevations are affected by the improvement. For existing buildings, only the standards for applicable design elements will apply.

3.

Interpretation of standards. The commercial design standards provide a consistent means to apply design criteria to all new developments. To maintain consistent application of these standards, the community development department staff shall be responsible for administration of the commercial design standards. Refer to review procedures in paragraph 5.

4.

Standards for development.

a.

Design elements required. The combination of design elements per Table A below is required for any commercial property.

Table A. Applicability of Design Elements
SectionStandardCommercial Development
4b Building form and layout B
4c Building massing and articulation O
4d Rooflines O
4e Parapet walls O
4f Building materials M
4g Roof materials O
4h Rooftop mechanical screening M
4i Building colors M
4j Building fenestration O
4k Entrance design O
4l Canopy/awning design M*
4m Parking areas and trash enclosures M
4n Lighting M*

 

M = Standard is mandatory

O = Standard is optional

M* = Standard is mandatory, if applicable

B = Bonus standard, applicable criteria can be applied to meet other optional or mandatory standards

All new commercial buildings/developments are required to comply with all mandatory standards and at least three of the six optional standards.

b.

Building form and layout.

(i)

In developments with multiple structures, recurring forms and materials shall be used to tie the development together, while establishing an overall hierarchy of buildings for visual interest and to aid in orientation.

(ii)

Where a private shopping street/drive is to be created, structures are to be constructed with minimal retail storefront setbacks at internal roadways to create a pedestrian oriented "street wall." (See Figure 1.)

Figure 1. Example of a walkable, pedestrian area that allows for decorative lighting, benches, and planters.

(iii)

Along storefronts and at building entrances, generous-sized walkways, measuring at least 15-feet in width, shall be provided to establish a comfortable pedestrian zone adjacent to storefronts and to allow for the addition of planters or green areas. (See Figure 1.)

(iv)

Any outdoor seating areas require separate approval from the village and shall be complementary to the principal structure and use of the building.

(v)

All service entrances, dumpsters, refuse, loading facilities and outdoor storage, where permitted, shall be located at the rear of the buildings.

(vi)

All drive-thru lanes shall be a minimum of 12 feet in width when the outside of the lane is bordered by a curb or some other raised barrier.

(vii)

All drive-thru lanes shall provide an adjacent bypass lane or other unobstructed area, a minimum of 12 feet in width, as a route for vehicles to exit or circumvent the drive-thru lane.

[Must meet all of the applicable criteria (i)—(vii) to officially meet the building form and layout standard.]

c.

Building massing and articulation.

(i)

The apparent mass and bulk of a building must be reduced by structural articulation, windows or other architectural and functional elements. Structural articulation can include breaking the plane of the building by off-sets (horizontal and vertical), variation in materials, insets for entryways or balconies, step-backs, or through the use of alternative roof-mounted structures, such cupolas or dormers. (See Figure 2.)

Figure 2. Using roof-mounted structures and varying roof styles to add interest to building mass.

(ii)

Long front façades must demonstrate a rhythm and articulation of "storefront" modules, to lend a pedestrian scale to the development, as opposed to a block or box that sits immediately adjacent to the roadway (internal or public).

(iii)

Building forms must be articulated by varying roof heights and wall planes. Upper story setbacks and false second stories are to be utilized to add visual interest. Long, unbroken volumes and large, unarticulated wall and roof planes are not permitted. (See Figure 3.)

Figure 3. Good use of pilasters, varying rooflines, building materials, awnings and projections.

(iv)

All façades shall incorporate wall offsets in the form of projections and/or recesses in the façade plane, a minimum of one offset/recess/projection every 50 feet of frontage. Offsets, recesses and projections must have a minimum differential of at least six inches to be considered.

(v)

Where gable, hip or mansard roofs are used they shall be scaled to the face of the building so as not to dominate the elevation nor be so small as to appear disproportionate. (See Figure 4.)

Figure 4. Roof structures should be appropriately scaled so as not to dominate the elevation.

[Must meet three of the five applicable criteria (i)—(v) to officially meet the building massing and articulation standard.]

d.

Rooflines.

(i)

Large expanses of consistent roof sections shall be avoided. Visual diversity can be achieved by:

I.

Varying the roof line.

II.

The addition of dormers.

III.

Staggering the façade of the building.

(ii)

Pitched roofs shall have overhangs. Eaves must project at least 12 inches beyond the façade line. (See Figure 5.)

Figure 5. The eaves of a roof shall project at least 12 inches beyond the façade line.

[Must meet one of the two applicable criteria (i)—(ii) to officially meet the roofline standard.]

e.

Parapet walls (where applicable).

(i)

Where parapet walls are utilized, these features must have a defined top, framing the building façade. A narrow piece of metal flashing or stone cap is inadequate to create this distinction. Brick patterns, stone caps with an overhang and shadow line, and contrasting color for flashing are examples of treatments which may be considered to meet this criteria.

(ii)

Parapets cannot appear to be "tacked on." Parapets must provide sufficient articulation of detail such as: precast treatments, continuous banding, projecting cornices or corner details.

(iii)

Faux-pitched roofs (through the use of parapets) are allowed and should be used to shield roof-based mechanical equipment. (See Figure 6.)

Figure 6. Faux roof structures should be used to break up the mass of the building and to screen roof-top mechanical units.

(iv)

All roof-top mechanicals shall be screened with a parapet wall or other acceptable design feature, in accordance with subsection 4h.

[Must meet four of the four applicable criteria (i)—(iv) to officially meet the parapet wall standard.]

f.

Building materials.

(i)

The primary building material (accounting for at least 50 percent of all façade surface area) for any new construction shall be a combination of glass windows and/or traditional masonry building materials, including brick, stone, and wood. These materials shall be used on all sides of the building expressing consistent architectural character and detail. Split-face block is allowed but shall not be the dominant construction material on buildings smaller than 15,000 square feet in area. (See Figures 7, 8 and 11.) Staff may administratively allow deviation from this regulation, where appropriate. This deviation shall not exceed five percent of the requirement.

Figure 7. Example of appropriate use of building materials.

Figure 8. Example of appropriate use of building materials.

(ii)

Exterior insulation finish systems (EIFS)/Drivit® is not permitted as the primary building material but is allowed as an accent material and cannot account for more than 50 percent of the total façade area, and shall be located in the upper half of the building only, never at a point where the façade meets the finished floor/ground level. (See Figures 7 and 10.) Staff may administratively allow deviation from this regulation, where appropriate. This deviation shall not exceed five percent of the requirement.

(iii)

The use of metal panels as a primary building material is not permitted, except as an accent material. Metal may be used for gutters, downspouts, railings, trim, grills, panels and flashing. When used, metals will have an anodized, painted or powder coated finish in muted, earth-toned colors. The use of unfinished, exposed metals is not permitted. (See Figure 9.)

Figure 9. Metal buildings are not allowed.

Figure 10. EIFS as the primary building exterior building material is not allowed.

Figure 11. Example of appropriate use of building materials.

(iv)

Where transitions in material are made, the transition will not occur at an outside corner edge. All materials on the front will turn the corner and carry over to the side elevation to a point at which the corner looks solidly finished. Material changes at the outside corners of structures give an impression of thinness and artificiality and should be avoided.

[Must meet four of the four applicable criteria (i)—(iv) to officially meet the building materials standard.]

g.

Roof materials.

(i)

Roofing surfaces visible from the ground level shall consist of slate, asphalt shingle, clay or ceramic roofing materials. Where asphalt shingles are used "architectural" shingles must be used.

(ii)

Clay or ceramic roof tiles are appropriate when complementary with the overall façade design in color, tone, and architectural style.

(iii)

Mansard, polished, glossy, shiny or reflective roofing materials are not permitted. (See Figure 12.)

Figure 12. Mansard roof designs are prohibited.

(iv)

Metal roofing materials other than copper are not permitted, except when subtly integrated into the overall façade design. The finish and color of the metal surface shall be approved by staff.

(v)

Skylights are discouraged, except when subtly integrated into the roof design or where they are integral to active or passive solar energy system designs. (See Figure 13.)

Figure 13. Skylights are discouraged in applications such as in the photo.

[Must meet four of the five applicable criteria (i)—(v) to officially meet the roof material standard.]

h.

Rooftop mechanical screening.

(i)

All new buildings constructed in the CN Commercial Neighborhood, CC Commercial Community, CG Commercial General, and OF Office districts, as of the effective date of this ordinance, shall adequately screen mechanical equipment and other rooftop structures from view by locating the units in the center of the building (or tenant space) or as far from the street side façade as possible.

If more than 50 percent of the rooftop appurtenances are still visible after utilizing the method above, then the rooftop appurtenances shall be screened by a parapet wall, solid metal sight screening or similar systems designed for use as screening of these types of devices.

(ii)

All screening shall comply with all applicable building and fire codes for fire rating, wind load and structural integrity.

(iii)

Compliance with these screening standards shall be computed from all adjacent rights-of-way. Additionally:

I.

Uses adjacent to residential uses may be required to provide sound buffering measures.

II.

All uses in commercial and office zoning districts are to screen from all sides, except any side that abuts an industrial use.

[Must meet three of the three applicable criteria (i)—(iii) to officially meet the roof mechanical screening standard.]

i.

Building colors.

(i)

Colors shall complement each other. While complementary colors for different elements are encouraged, a multitude of varying colors on each façade is not permitted. Earth-tones are preferred, but not mandatory. (See Figures 14 and 15.)

Figure 14. Multiple primary colors on a façade are not permitted.

Figure 15. Good use of complementary colors.

(ii)

Contrasting trim colors shall be used to highlight architectural elements such as window and door surrounds. Harsh contrasts should be avoided, except where true to the architectural style of the building.

(iii)

Applied elements such as awnings, light fixtures, downspouts, railings and signage shall coordinate with, rather than dominate the color scheme of the building. The elements may be the same color as the background wall, a contrasting shade of the same color, or a more distinctive contrasting color. It is important for these elements to blend with the building's color palette.

(iv)

Primary, fluorescent or neon colors are not permitted for use as accent colors, including awning body color. (See Figures 14 and 16.)

Figure. 16. Neon or fluorescent building colors are not permitted.

[Must meet three of the four applicable criteria (i)—(iv) to officially meet the building color standard.]

j.

Building fenestration (the arrangement, proportioning, and design of windows in a building).

(i)

Buildings should meet the ground with a solid base treatment that creates a visual transition from sidewalk to building wall.

(ii)

In larger buildings (over 15,000 square feet) a variety of window sizes and styles should be utilized to create interest. (See Figure 18.)

Figure 17. Appropriate use of windows to soften long, expansive façades.

Figure 18. Appropriate use of various-sized windows.

(iii)

Building window patterns should add variety, soften the appearance of long expansive walls, and add interest to the architectural appeal of buildings. (See Figure 17.)

(iv)

Utilize wood or dark anodized window framing to add depth and richness to the appearance of the building.

(v)

When front doors do not face the street frontage, display windows or distinctive façade treatments shall be provided along public road frontages.

(vi)

Window glazing shall be clear or slightly tinted. Dark, mirrored, reflective glass or glass block is prohibited.

[Must meet three of the six applicable criteria (i)—(vi) to officially meet the building fenestration standard.]

k.

Entrance design.

(i)

Recessed or projected entries and articulation in storefront mass is required. Recesses or projections shall be at least 12 inches. (See Figures 19 and 20.)

Figure 19. Acceptable entrance design.

Figure 20. Preferred entrance example.

(ii)

Entrances shall be highlighted by a change in the wall plane. This can be accomplished through wall articulation around the door and projecting beyond the door.

(iii)

Utilize projections above and surrounding the main entrances to highlight the entrance features.

(iv)

Entrances shall be highlighted by implementation of architectural elements such as flanked columns or decorative fixtures.

(v)

Varied paving textures/materials shall be added to define entrances.

(vi)

Garage doors shall contain glass panels over at least 33 percent of the surface area of the door. (See Figure 21.)

Figure 21. Garage doors must contain glass panels.

[Must meet three of the five applicable criteria (i)—(vi) to officially meet the entrance design standard.]

l.

Canopy/awning design.

(i)

Awnings shall not be wrapped around buildings in continuous bands. (See Figure 22.)

Figure 22. Awnings should not contain continuous signage or wrap around buildings.

(ii)

Awnings should only be placed on top of doors, on top of windows, or within vertical elements when the façade of a building is divided into distinct structural bays. (See Figure 24.)

Figure 23. Awnings shall not be internally illuminated.

Figure 24. Appropriate use of awnings.

(iii)

When awnings are lit externally with direct lighting, architecturally interesting fixtures, such as goosenecks shall be utilized. Internal illumination is not permitted. (See Figure 23.)

(iv)

Awning colors should complement the overall building color scheme. Colors should coordinate with, rather than dominate, the color scheme for the building. Awnings may be the same color as the background wall, a contrasting shade of the same color, or, a more distinctive contrasting color. Bold primary, fluorescent or neon colors are not permitted as the awning body color.

(v)

Plexiglas, glossy vinyl and canvas awnings are not permitted. Metal, matte finish vinyl, fabric and treated canvas awnings are required.

(vi)

The use of fan/umbrella shaped awnings is not permitted.

[Must meet five of the six applicable criteria (i)—(vi) to officially meet the canopy/awning standard.]

m.

Parking areas and trash enclosures.

(i)

All parking areas shall be paved with an approved surface, and spaces shall be clearly delineated at all times, and shall maintain adequate surfaces for vehicle travel at all times.

(ii)

Parking areas shall be contained with curbing (perimeters and landscape islands) unless it is determined by the village engineer that the curbing would restrict stormwater management. (See Figure 25.)

Figure 25. Good example of perimeter parking lot landscaping, curbing and an approved surface.

(iii)

All perimeters of parking lots abutting public or private roadways shall maintain a 5-foot-wide landscape area, containing deciduous trees, ground cover, and perennials. The width of the perimeter landscape area can be reduced by staff, where practical. (See Figure 26.)

Figure 26. Acceptable landscape islands.

(iv)

Parking areas containing over 200 parking spaces shall contain clearly marked pedestrian pathways throughout the interior of parking areas to avoid large expanses of asphalt and to enhance pedestrian safety.

(v)

Parking lot landscaping shall include "landscape islands" at both ends of each row of parking spaces. Landscape islands shall measure nine feet in width by 19 feet in length; however, the length may be reduced to 17.5 feet where there is available area for 1.5 feet of vehicle overhang. Landscape islands shall consist of village approved deciduous tree, and decorative ground cover and be a minimum size of nine feet by 18 feet. Excessive mulch and stone are prohibited.

(vi)

Within the commercial areas, adjacent parking areas shall be connected via cross-access, as determined by staff.

(vii)

Parking areas that are in use during the evening hours or overnight in a 24-hour operation shall be effectively illuminated.

(viii)

All refuse containment areas shall be located to the rear of buildings (where practical) and be provided with solid access doors or gates equipped with self-closing mechanisms. (See Figure 27.)

Figure 27. Preferred trash enclosure screening.

Figure 28. Unacceptable trash enclosure screening.

(ix)

Detached trash enclosures shall be of masonry construction on three sides and should complement the overall building design. Enclosures shall have landscaping around the perimeter on three sides. (See Figures 27 and 28.)

[Must meet all nine of the applicable criteria (i)—(ix) to officially meet the parking areas and trash enclosure standard.]

n.

Lighting.

(i)

Only full cut-off lighting fixtures shall be permitted to illuminate outside structures, yards, or parking lots.

(ii)

Light levels as measured at the property line, where adjacent property is zoned in the Rl, R2, R3, R4 or MH Districts, shall not exceed 0.2 footcandles. For this section, the term "adjacent" can refer to property on the opposite side of a public roadway.

(iii)

New parking lots, car sales lots, gas stations, retail stores, restaurants, self-storage, manufacturing and other similar uses as determined by the zoning officer, proposed to be located adjacent to residential properties, shall require submittal of a lighting plan for review as part of the building permit process. This plan shall include:

A.

A site photometric plan indicating initial footcandle levels in a ten-foot by ten-foot point spacing at grade to a distance of ten feet beyond the lot boundaries; and

B.

Specifications for all lighting fixtures, poles and mounting arms to be used.

5.

Review procedures.

a.

Building permit applications for new commercial buildings constructed in the CN Commercial Neighborhood, CC Commercial Community, CG Commercial General, and OF Office districts shall be accompanied by the following:

(i)

A site plan, containing: building area, land area, floor-to-area ratio, impervious lot coverage, parking spaces, sign location(s), screened trash container area, loading docks, fire lanes, and utility easements.

(ii)

A floor plan

(iii)

Building elevations with adequate detail to illustrate the architectural features required by the commercial design standards, as well as building dimensions, and roof pitch (where applicable).

(iv)

A landscape plan indicating plant material species (cultivar), plant locations, quantities, size at planting, spacing, and utility easement locations.

b.

Plans must be reviewed by village staff prior to commencing construction to confirm compliance with the commercial design standards, and upon confirmation of compliance, a building permit will be granted.

c.

Changes or revisions to architectural plans following permit issuance will require subsequent review and approval by village staff prior to implementing amendments, revisions, or changes in the field.

6.

Failure to comply with architectural design standards.

a.

Developments which fail to comply with the commercial design standards and/or the approved architectural plans shall not be issued a temporary or final certificate of occupancy.

b.

The village reserves the right to issue a stop work order upon confirmation of any construction project which fails to comply with any of the provisions of the commercial design standards.

c.

A failure to comply with any provision of article X, section Z-52, shall constitute a violation. Every day on which a violation exists shall constitute a separate violation and a separate offense. Each violation may be fined not less than $200.00 nor more than $500.00.

(Ord. No. 05-23, § 1, 1-2-2023; Ord. No. 06-23, § 1, 1-2-2023; Ord. No. 29-23, § 1, 8-7-2023; Ord. No. 01-25, §§ 1, 2, 3-3-2025; Ord. No. 02-25, §§ 1, 2, 3-3-2025)

Sec. Z-53. - Commercial district regulations.

(1)

Yards. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(a)

Front. A front yard of at least 30 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(b)

Side. Side yards of at least five feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum side yard shall be increased by one foot for each four feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a side yard of more than 60 feet be required.

(c)

Corner lots. On corner lots, where the side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(d)

Rear. A rear yard of not less than 25 feet.

(e)

All yards, adjacent to a Single-Family Residential (R1) Zoning lot or a Two-Family Residential (R2) Zoning lot. A 30-foot buffer area shall be provided along property lines abutting a R1 or R2 property line, not including those property lines abutting right-of-way. Within the 30-foot buffer, the following shall apply:

(i)

No building shall be erected within the buffer.

(ii)

No vehicular circulation (i.e., driveways, drive lanes, maneuvering areas, loading facilities, and private streets) shall be allowed within the buffer.

(iii)

No signage shall be allowed within the buffer.

(iv)

No accessory areas (i.e., dumpsters, seating areas, patios, bicycle racks, communication towers, and other areas as defined by the planning and zoning manager) shall be allowed within the buffer. (Ord. No. 27-14, 11-3-2014)

(2)

Height.

(a)

In the CN Commercial Neighborhood District, no building shall be erected or altered to a height in excess of 35 feet or 2 ½ stories.

(b)

In the CC Commercial Community District there shall be no height regulations.

(c)

In the CG Commercial General District there shall be no height regulations.

(3)

Table of uses. Permitted uses and special uses in the commercial zoning districts are found in article XIII, Commercial and industrial table of uses.