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Momence City Zoning Code

CHAPTER 5

BUSINESS DISTRICTS

9-5-1: PURPOSES:

The business districts set forth herein are established to protect public health, to promote public safety, comfort, convenience and the general welfare, and to protect the economic base of the city and the value of the following specific objectives:
   (A)   To promote the most desirable use of land in accordance with a well considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the city.
   (B)   To place in separate districts, those businesses which may create noise, odors, hazards, unsightliness or which may generate excessive traffic.
   (C)   To permit selected business uses in districts where adjacency to or inclusion in a residential area has sufficient elements of service or convenience to such areas to offset the disadvantage.
   (D)   To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion.
   (E)   To provide for the establishment of off street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity. (Ord. 233, 7-3-1978)

9-5-2-1: PERMITTED USES:

Restricted limited retail:
Candy and ice cream shops.
Dry cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than one thousand seven hundred fifty (1,750) pounds of dry goods per day, and when using carbon tetrachloride, perchloroethylene or other similar nonflammable solvents approved by the fire department.
Food and fruit stores.
Frozen food stores.
Garden supplies and seed stores.
Launderette and laundromat.
Liquor stores, package goods only.
Meat markets.
Restaurant, tearoom or cafe, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles.
Sidewalk dining only upon property located within the downtown district and in compliance with title 3, chapter 10 of this code.
Variety stores.
Any other similar type retail store not specifically listed herein and which has the economic compatibility with the established uses on adjoining properties.
Limited retail:
Art and school supply stores.
Auto accessory store, where there is no driveway entrance across the sidewalk into the principal building.
Bakery shops, including the baking and processing of food products, when prepared for retail use on the premises only.
Banks and financial institutions.
Barbershop, beauty shop, chiropody, massage or similar personal service shop.
Book and stationery stores.
Camera and photographic supply shops for retail sale.
Coin and philatelic stores.
Currency exchange.
Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the premises only.
Department stores.
Drugstores.
Dry goods stores.
Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor.
Electrical appliance store and repair but not including appliance assembly or manufacturing.
Florist shop and conservatory for retail trade on the premises only.
Furniture store and upholstery, when conducted as part of the retail operations and secondary to the main use.
Furrier, when conducted for retail trade on the premises only.
Gift shops.
Haberdashery.
Hardware shops.
Hobby shops.
Hotels, including dining and meeting rooms when business uses occupy the street frontage except for an entranceway to the hotel lobby.
Household appliance stores.
Interior decorating shops, including upholstery and making of draperies, slipcovers and other similar articles, when conducted as part of the retail operations and secondary to the main use.
Jewelry stores and watch repair.
Leather goods and luggage stores.
Loan offices.
Musical instrument sales and repair, retail trade only.
Newsstands.
Notions stores.
Offices, business and professional, including medical clinics.
Optician, optometrist.
Paint and wallpaper stores.
Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.
Plumbing showroom without shop or repair facilities.
Postal substations (finance stations and contract stations).
Public utility collection offices.
Savings and loan associations.
Sewing machine sales and service.
Shoe stores.
Signs, as defined and regulated in chapters 2 and 9 of this title.
Sporting goods stores.
Stationery stores.
Telegraph offices.
Tobacco shops.
Toy stores.
Travel bureau and transportation ticket offices.
Typewriter and adding machine sales and services.
Wearing apparel shops.
Any other similar type retail store not specifically listed herein, and which has the economic compatibility with the established uses on adjoining properties subject to approval of the plan commission.
All activities, except for automobile off street parking facilities as permitted or required in this B-1 district, shall be conducted wholly within an enclosed building. (Ord. 233, 7-3-1978; amd. Ord. 797, 7-20-2015)

9-5-2-2: HEIGHT OF BUILDINGS:

No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed thirty five feet (35') in height, except in the area bounded on the north by the centerline of Third Street east to the alley between Dixie Highway and Locust, centerline of the alley south one-half (1/2) block east along the lot line to centerline of Locust, south to centerline of Second Street, east to alley then south one-half (1/2) block east along the lot line to centerline of Walnut, then south to River Street, west along centerline to Township Hall, follow east property line south to river, west along the alley centerline to Washington Street, east along Washington to Pine, north on Pine to center of the block, east along property line to alley west of Dixie Highway, and north along alley to Third Street, wherein the buildings may be erected or structurally altered to a height not to exceed one hundred seventy feet (170'). Parapet walls, chimneys, cooling towers, elevator bulkheads, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of one hundred seventy feet (170'); provided, they are constructed in accordance with all other regulations of the city. (Ord. 233, 7-3-1978)

9-5-2-3: YARD AREAS:

No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
   (A)   Front Yard: No front yard shall be required when all frontage between two (2) intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in an R district, all of which front upon the same street between two (2) intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in the R district.
Exception: When existing buildings located in this district have already established a building line at the street line or at a less depth than required herein, then all new buildings may conform to the same building line, except for the first fifty feet (50') of B-1 district frontage adjacent to the R district, whereupon there shall be provided a front setback of not less than ten feet (10').
   (B)   Side Yard: No side yard is required, except for a corner lot whose rear lot line abuts upon an R district or upon an alley separating this district from an R district. There shall then be provided a side yard equal to one-half (1/2) the front yard required in the abutting R district, but in no case more than ten feet (10'). The setback shall also apply if the business building fronts the intersecting street, commonly referred to as the side street.
   (C)   Rear Yard: There shall be a rear yard of not less than twenty feet (20'); provided, however, that a one story accessory building may be located thereon, except for the side adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof, as provided in chapter 10 of this title. (Ord. 233, 7-3-1978)

9-5-3-1: PERMITTED USES:

The following uses shall be permitted:
Any use permitted in the B-1 district.
Agricultural implement sales and services when conducted wholly within an enclosed building.
Air conditioning and heating sales and service.
Antique shops.
Art galleries and studios.
Automobile and truck (under 11/2 tons' capacity) minor motor repair and service shop, but not including body repair and rebuilding or painting.
Automobile sales and service, but not including automobile body repair and rebuilding or painting of automobiles.
Automobile service stations.
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning.
Battery and tire service stations.
Beverage, nonalcoholic, bottling and distributing.
Bicycle and motorcycle sales and repair.
Billiard and pool rooms.
Blueprinting and photostating establishments.
Boat showrooms.
Bookbinding.
Building material sales, when conducted wholly within a building.
Catering establishments.
Clubs and fraternal organizations.
Contractors' offices and shops, where no fabricating is done on the premises and where all storage of material is within a building.
Costume rental shops.
Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor.
Employment agencies.
Exterminating shops.
Feed and seed stores, wholesale.
Garages, public, for storage of private, passenger automobiles and commercial vehicles under one and one-half (11/2) tons' capacity.
Glass cutting and glazing establishments.
Greenhouse, wholesale growers.
Household appliance repair shops.
Laboratories, commercial (medical, dental only).
Locksmiths.
Mirror and glazing shops.
Motels.
Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.
Parcel delivery stations.
Pawnshops.
Pet shops.
Photograph developing and processing.
Picture framing when conducted for retail trade on the premises only.
Plumbing showrooms, heating and roofing supply shops.
Printing, publishing and issuing of newspapers, periodicals, books, stationery and other reading matter.
Processing or assembly limited to the following; provided, that space occupied in a building does not exceed six thousand (6,000) square feet of total floor and basement space, not including stairwells or elevator shafts; and provided, such processing or assembly can be conducted without noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings. When manufacturing operations of the same or similar products demand space exceeding six thousand (6,000) square feet, they shall then be located in the M-1 manufacturing district:
Advertising displays.
Awnings, venetian blinds and window shades.
Bakeries, wholesale.
Brushes and brooms.
Cosmetics, drugs and perfumes.
Electrical equipment appliances.
Food processing, packaging and distribution.
Jewelry.
Medical and dental supplies.
Optical goods and equipment.
Pattern making.
Products from finished materials such as plastic, bone, cloth, cork, feathers, felt, fibre, paper, fur, glass, hair, horn, leather, precious or semiprecious stone, rubber, shell or yarn.
Scientific and precision instruments.
Public auction rooms.
Radio and television broadcasting stations.
Recreation places, including bowling alleys, dance halls, gymnasiums, skating rinks, archery ranges, golf practicing ranges, miniature golf courses or other similar places of amusement or entertainment when operated for pecuniary profit.
Restaurants, drive-ins or car service.
Riding academies.
Schools; music, dance, business, commercial or trade.
Secondhand stores and rummage shops.
Silver plating and repair shops.
Smoking and processing of meat products.
Taverns.
Theaters, indoor.
Trailer sales or rental (house trailers or mobile homes) on an open lot or within a building.
Undertaking establishments.
Used passenger automobile sales (used car lot) on an open lot or within a building.
Warehouses for storage where no fabricating is done on the premises and having not more than two (2) loading docks not more than eleven feet (11') in width.
Wholesale businesses, excluding a building, the principal use of which is for a storage area. (Ord. 233, 7-3-1978)

9-5-3-2: HEIGHT OF BUILDINGS:

No building or structure shall be erected or structurally altered to exceed a height of six (6) stories nor shall it exceed sixty five feet (65') in height. (Ord. 233, 7-3-1978)

9-5-3-3: YARD AREAS:

No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
   (A)   Front Yard: No front yard shall be required when all frontage between two (2) intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in an R district, all of which front upon the same street between two (2) intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in the R district.
Exception: When existing buildings located in this district have already established a building line at the street line or at a lesser depth than required above, then all new buildings may conform to the same building line, except for the fifty feet (50') of B-2 district frontage adjacent to the R district, whereupon there shall be provided a front setback of not less than ten feet (10').
   (B)   Side Yard: The same regulations shall apply as required or permitted in the B-1 business district, limited retail.
   (C)   Rear Yard: The same rear yard regulations shall apply as required or permitted in the B-1 business district, limited retail. (Ord. 233, 7-3-1978)

9-5-3-4: PERMITTED ACCESSORY STRUCTURES:

Temporary storage containers used during an active construction project is permitted in business zoned districts for a six (6) month period after majority consent of the city council. Should more time be needed, an extension must be approved by a majority of the city council. (Ord. 887, 5-6-2024)