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Milan City Zoning Code

CHAPTER 13

BUSINESS DISTRICTS

11-13A-1: PURPOSE; GENERAL DESCRIPTION:

The neighborhood business district is intended to permit the development of retail sales and personal services required to meet the day to day needs of a fully developed neighborhood. Stores, businesses and offices in this district should be useful to the majority of the neighborhood residents. The convenience nature of the various business uses located in this district requires them to be in close proximity to residences and is intended to include a narrow range of retail services and convenience goods. (Ord. 1301, 3-15-2004)

11-13A-2: PERMITTED PRINCIPAL USES:

Any use permitted in an R-3 district.
All uses within this district must be confined to two thousand five hundred (2,500) internal square feet of the principal structure.
Antique or custom furniture shop with incidental upholstery.
Bakery, limited to goods for retail sale on the premises.
Banks or similar financial enterprises.
Barbershop or beauty shop.
Bicycle sales and service.
Business or professional office such as attorney, architect, engineer, dentist, physician, etc.
Camera or photographic supply store.
Churches.
Clinics, private, for human care.
Costume rental.
Daycare center meeting state and local permits with fenced play area.
Delicatessen.
Dry cleaning pick up station.
Health/recreational and physical training club.
Hobby shop.
Interior decorating shop including upholstery and drape making.
Laundromat.
Locksmith.
Music studio.
Restaurant, not drive-in or drive-through.
Retail uses such as drugstore, florist, grocery, ice cream shop, meat market, appliance, shoe, variety, stationery, book, clothing, packaged liquor sales and candy stores with all activities, except for automobile off street parking and loading facilities as permitted or required in this district, conducted wholly within an enclosed building.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004; amd. 2011 Code)

11-13A-3: PERMITTED ACCESSORY USES:

Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-13A-4: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Auto accessory store.
Bus transfer station.
Club or lodge.
Convenience store.
Large SECS.
Large WECS.
Nursing home.
Any other similar uses deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010; Ord. 1542, 10-17-2011)

11-13A-5: PROHIBITED USES:

Any commercial or manufacturing use except that which is clearly necessary for the conduct of a permitted retail business or service on the premises. (Ord. 1301, 3-15-2004)

11-13A-6: LOT AND YARD REQUIREMENTS:

   A.   Minimum Requirements Generally: The following minimum requirements shall be observed for both primary and accessory buildings along with buffer yard requirements as described in section 11-22-3 of this title. No accessory building shall be located in a front yard.
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
35 feet or same as adjacent R district
25 feet or same as adjacent R district
None except same as adjacent R district
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1301, 3-15-2004)
   B.   Adjoining Residential Uses: In addition to the requirements of subsection A of this section, the following minimum requirements shall be observed when the adjoining property is exclusively used as a residence within the B-1 district: (Ord. 1301, 3-15-2004; amd. 2011 Code)
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
35 feet or same as adjacent R district
25 feet or same as adjacent R district
6 feet
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1301, 3-15-2004)

11-13A-7: OUTDOOR STORAGE:

Any outdoor storage permitted within the B-1 neighborhood business district under this article shall be subject to those fencing requirements set forth in section 11-20-9 of this title. (Ord. 1446, 9-4-2007)

11-13B-1: PURPOSE; GENERAL DESCRIPTION:

The general business district is intended to be a high density, compact, pedestrian oriented shopping, office, service and entertainment area. This district is one of high traffic generation and is thus located where there can be a concentration of a variety of commercial activities. (Ord. 1301, 3-15-2004)

11-13B-2: PERMITTED PRINCIPAL USES:

Any use permitted in a B-1 district, and allowing for retail establishments with greater than two thousand five hundred (2,500) square feet.
Art galleries and studios.
Auction house.
Auto accessory store.
Bar, dance hall, cocktail lounge or nightclub, private clubs, lodges, union halls, tavern, microbrewery when enclosed and with building(s) and outside storage at least one hundred feet (100') from any residentially zoned private property.
Blueprinting, photostatting, print shop and duplicating establishments.
Bus terminal, railroad station, freight terminal or other public transportation terminal.
Business or trade school.
Catering within a building.
Ceramic products manufacture for sale on the premises.
Commercial parking lot.
Conservatory for retail sale on the premises only.
Convenience store without a service station.
Custom dressmaking, millinery, tailoring or shoe repair for retail sales on the premises only.
Custom rental.
Department stores.
Drapery and mattress manufacture for sale on the premises.
Employment agency.
Engraving or lithographing.
Funeral home.
Garage, public.
Hardware or paint supply store without outdoor sales or storage.
Hotel/motel.
Laboratories, medical and dental.
Laundry or dry cleaning shop when enclosed and with building(s) and outside storage at least one hundred feet (100') from any residentially zoned private property.
Meeting halls, clubs, fraternal organizations and lodges.
Mirror and glazing shop, glass cutting.
Nursing home.
Pawnshop.
Pet shops, but not animal hospitals.
Picture framing.
Plumbing, electrical, heating, and air conditioning supply stores or showrooms without outdoor sales or storage and without repairs or fabrication.
Public, customer or accessory parking lot.
Public utility collection office.
Radio, television and CATV stations, not transmitting towers.
Secondhand stores and rummage shops.
Taxidermist.
Theater, indoor.
Travel bureau and ticket office.
Upholstering shop for furniture.
Any other similar type use not specifically permitted herein which would have economic compatibility with the established uses on adjoining properties.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010; 2011 Code)

11-13B-3: PERMITTED ACCESSORY USES:

Permitted accessory uses in a B-1 district.
Assembly of small electrical appliances, instruments, small computers and other electronic devices.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-13B-4: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any use permitted on review in a B-1 district.
Auto repair, minor.
Any other similar uses deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-13B-5: LOT AND YARD REQUIREMENTS:

   A.   Minimum Requirements Generally: The following minimum requirements shall be observed with both principal and primary buildings along with buffer yard requirements as described in section 11-22-3 of this title. No accessory buildings shall be located in a front yard. (Ord. 1454, 10-15-2007)
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
   45 feet
   None
None except same as adjacent R district
None except same as adjacent R district
In accordance with performance standards
 
(Ord. 1454, 10-15-2007; amd. Ord. 1523, 9-7-2010)
Except, that when used for residential purposes within any B-2 district, the following minimum requirements shall apply:
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
45 feet
20 feet or same as adjacent R district
6 feet
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1454, 10-15-2007)
   B.    Adjoining Residential Uses: In addition to the requirements of subsection A of this section, the following minimum requirements shall be observed when the adjoining property is exclusively used as a residence within the B-2 district: (Ord. 1301, 3-15-2004; amd. 2011 Code)
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
45 feet
20 feet
6 feet
10 feet
In accordance with performance standards
 
(Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-13B-6: OUTDOOR STORAGE:

Any outdoor storage permitted within the B-2 general business district under this article shall be subject to those fencing requirements set forth in section 11-20-9 of this title. (Ord. 1446, 9-4-2007)

11-13C-1: PURPOSE; GENERAL DESCRIPTION:

The community business district is intended to provide for major businesses which serve a significant segment of the population. The district may provide for a variety of retail goods and services, along with large traffic generators requiring access from major thoroughfares and a reliance on motor vehicle oriented trade. The district is dominated by uses with indoor operations, although some may have limited outdoor activities. Development in the district is encouraged in a manner which minimizes traffic hazards and interference with other uses in the vicinity. (Ord. 1301, 3-15-2004)

11-13C-2: PERMITTED PRINCIPAL USES:

Any uses permitted in a B-2 district, except dwellings.
Amusement centers, indoor, including bowling alleys, pool halls, billiard parlors, skating rinks, arcades and other similar uses.
Auto/pickup sales of a two (2) ton capacity or less and service enclosed and with building(s) and outside storage at least one hundred feet (100') from residentially zoned private property.
Automobile service station and/or minor repair and/or convenience store.
Car wash, single bay, enclosed and with building(s) and outside storage at least one hundred feet (100') from residentially zoned private property.
Drive-in or fast food restaurant.
Exterminating shop.
Fabric or floor covering sales.
Hospital or clinic for small animals with no long term kennel use and at least one hundred feet (100') from residentially zoned private property.
Any other similar type use not specifically listed herein and which has economic compatibility with the established uses on adjoining properties.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-13C-3: PERMITTED ACCESSORY USES:

Permitted accessory uses in a B-2 district.
Other uses incidental to a permitted use. (Ord. 1301, 3-15-2004)

11-13C-4: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any use permitted on review in a B-2 district.
Car wash, multiple bays.
Recreational uses, open air, such as swimming pools, tennis courts, baseball fields and golf ranges, with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Any other similar uses deemed to be consistent, including residential uses. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-13C-5: LOT AND YARD REQUIREMENTS:

   A.   Minimum Requirements Generally: The following minimum requirements shall be observed for both primary and accessory buildings along with buffer yard requirements as described in section 11-22-3 of this title. No accessory building shall be located in a front yard.
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
45 feet
20 feet or same as adjacent R district
None except same as adjacent R district
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1301, 3-15-2004)
   B.   Adjoining Residential Uses: In addition to the requirements of subsection A of this section, the following minimum requirements shall be observed when the adjoining property is exclusively used as a residence within the B-3 district: (Ord. 1301, 3-15-2004; amd. 2011 Code)
 
Height
Front Yard Depth
Side Yard Width
Rear Yard Depth
Other
45 feet
20 feet or same as adjacent R district
6 feet
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1301, 3-15-2004)

11-13C-6: OUTDOOR STORAGE:

Any outdoor storage permitted within the B-3 community business district under this article shall be subject to those fencing requirements set forth in section 11-20-9 of this title. The term "sales displays", as used in said section 11-20-9, shall include any inventory of automobile dealerships on display for immediate sale and in new or good condition and working order. Any vehicles not in new or good condition or working order will not be deemed "sales displays" and must be enclosed as set forth herein. (Ord. 1446, 9-4-2007)

11-13D-1: PURPOSE; GENERAL DESCRIPTION:

The highway/intensive business district is intended to permit development of service uses relating to expressways or along other major arterial thoroughfares. This district permits uses that, by their nature, tend to generate heavy traffic usage. This district also provides for functions and businesses which may be characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, and by outdoor commercial amusement and recreational activities not completely enclosed. (Ord. 1301, 3-15-2004)

11-13D-2: PERMITTED PRINCIPAL USES:

Any use permitted in a B-3 district.
Agricultural implement sales and services with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Air conditioning and heating sales and service with outdoor fabrication and repairs.
Auto repair, major, with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Bathhouse or boathouse with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Boat sales with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Building material sales yard, wholesale business with warehouses as specified in this title, at least one hundred feet (100') from residentially zoned private property.
Car wash.
Carpenter and cabinet shop with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Contractor offices and shops within a building.
Feed and seed store, wholesale.
Greenhouse with outside storage permitted.
Kennels with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Motor vehicle dealerships with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Recreational uses, public open air, such as swimming pools, tennis courts, baseball fields, and golf ranges, with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Sign painting shop and similar establishment with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Travel trailer sales and service with building(s) and outdoor storage at least one hundred feet (100') from residentially zoned private property.
Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

11-13D-3: PERMITTED ACCESSORY USES:

Permitted accessory uses in a B-3 district.
Other uses incidental to a permitted principal use. (Ord. 1301, 3-15-2004)

11-13D-4: SPECIAL USES:

The following uses may be allowed as special uses only upon approval by the village board after public hearing and recommendation by the planning commission. See chapter 3, article A of this title for special use permit application procedures.
Any uses permitted on review in a B-3 district.
Auditorium.
Miniwarehousing with structures at least one hundred feet (100') from residentially zoned private property.
Any other similar uses deemed to be consistent. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

11-13D-5: PROHIBITED USES:

Dwelling. (Ord. 1301, 3-15-2004)

11-13D-6: LOT AND YARD REQUIREMENTS:

The following minimum requirements shall be observed for both primary and accessory buildings along with buffer yard requirements as described in section 11-22-3 of this title. No accessory building shall be located in a front yard.
 
Height
Front Yard
Side Yard
Rear Yard
Other
45 feet
20 feet or same as adjacent R district
None except same as adjacent R district
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1301, 3-15-2004)

11-13D-7: OUTDOOR STORAGE:

Any outdoor storage permitted within the B-4 highway/intensive business district under this article shall be subject to those fencing requirements set forth in section 11-20-9 of this title. The term "sales displays", as used in said section 11-20-9, shall include any inventory of automobile, agricultural implement, boat or travel trailer dealerships on display for immediate sale and in new or good condition and working order. Any such inventory not in new or good condition or working order will not be deemed "sales displays" and must be enclosed as set forth herein. (Ord. 1446, 9-4-2007)

11-13E-1: PURPOSE; GENERAL DESCRIPTION:

The cannabis use and manufacturing business district is intended to permit development of service uses relating to use, development, delivery of cannabis and its tributary businesses. This district permits uses that in accordance by state law are permitted in those uses. The businesses may be primarily indoor operations and encouraged in a manner that minimizes traffic hazards and other interference with other uses in the vicinity. (Ord. 1752, 12-6-2021)

11-13E-2: PERMITTED PRINCIPAL USES:

Any use permitted in a B-3, B-4 and I-1 or I-2 District.
The following are permitted uses as long as the building is located a minimum of one hundred fifty feet (150') from residential, church, educational or similar use occupancy as measured from structure to structure in the most direct line. Any right of way (streets, alleys, sidewalks or the like) or easements that may exist between structures shall be included in the measurements. Vacant structures shall not be considered to be a "residential, church, educational or similar use occupancy" for purposes of this section.
 
ADULT-USE CANNABIS CRAFT GROWER:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION:
A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR:
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER:
An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the community college cannabis vocational training pilot program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. (Ord. 1752, 12-6-2021)
 

11-13E-3: PERMITTED ACCESSORY USES:

Permitted accessory uses in a B-3, B-4, I-1 and I-2 District.
Other uses incidental to a permitted principal use.
(Ord. 1752, 12-6-2021)

11-13E-4: SPECIAL USES:

Any request that would be deemed a "Special Use" would reference to procedures outlined in Title 11. Final approval by the village board after public hearing and recommendation by the planning commission. See Chapter 3, Article A of this title for special use permit application procedures. (Ord. 1752, 12-6-2021)

11-13E-5: PROHIBITED USES:

Dwelling.
(Ord. 1752, 12-6-2021)

11-13E-6: LOT AND YARD REQUIREMENTS:

The following minimum requirements shall be observed for both primary and accessory buildings along with buffer yard requirements as described in Section 11-22-3 of this title. No accessory building shall be located in a front yard.
 
Height
Front Yard
Side Yard
Rear Yard
Other
45 feet
20 feet or same as adjacent R district
None except same as adjacent R district
10 feet or same as adjacent R district
In accordance with performance standards
 
(Ord. 1752, 12-6-2021)

11-13E-7: OUTDOOR STORAGE:

Any outdoor storage permitted within the B-5 cannabis use and manufacturing business district under this article shall be subject to those fencing requirements set forth in section 11-20-9 of this title. (Ord. 1752, 12-6-2021)