The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the district regulations to the C-1 commercial district. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Permitted Uses: The following retail business and service uses are permitted, provided they are operated entirely within a building, except for off street parking and loading facilities:

Accessory uses, including off street parking and loading facilities as permitted or required in accordance with the provisions of this article.

Antique shops (not including furniture resale shops).

Any motel, provided that there be not more than one unit per one thousand (1,000) square feet of lot area, exclusive of areas devoted to other purposes by any motel.

Art and school supply stores.

Art galleries and studios.

Automobile parking space and loading space.

Bakery shops, including the baking and processing of food products when prepared for retail use on the premises only.

Banks and financial institutions.

Barbershops, beauty parlors, chiropody, massage or similar personal service shops.

Book and stationery stores.

Camera and photographic supply shops for retail sales.

Candy and ice cream shops.

Carpet, rug and linoleum stores.

China and glassware stores.

Coin and philatelic stores.

Currency exchanges and consumer loan offices.

Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sale on the premises only.

Department stores.

Drive-in window service; provided service is for pick up and delivery only; and materials or services rendered are not used or consumed on the premises. Ingress and egress of such drives shall not obstruct either vehicular or pedestrian traffic.

Drugstores.

Dry cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than seven hundred fifty (750) pounds of dry goods per day, and when using perchlorethylene or other similar noninflammable solvents approved by the fire department.

Dry goods stores.

Electrical appliance stores and repairs, but not including appliance assembly or manufacturing.

Employment agency.

Florist shops and conservatories for retail trade on the premises only.

Food, meat and fruit stores.

Funeral homes.

Furniture stores, and upholstery, when conducted as a part of the retail operations and secondary to the main use.

Furrier, when conducted for retail trade on the premises only.

Gift shops.

Government and public utilities buildings, structures and uses when approved for in R-1 districts.

Hardware stores.

Hobby stores.

Household appliance stores and repair.

Interior decorating shops, including upholstery and making of draperies, slipcovers and other similar articles, when conducted as a part of the retail operations and secondary to the main uses.

Jewelry and watch repair shops.

Laundries, automatic, self-service types, or hand.

Leather goods and luggage stores.

Light printing and duplicating shop.

Locksmith.

Millinery shops.

Musical instrument sales and repair, retail trade only.

Nameplates and signs, in accordance with the provisions of this article.

Newsstands.

Office supply, equipment and furniture.

Offices, business and professional, including medical clinics.

Optician, optometrist.

Orthopedic and medical appliance store, but not including the assembly or manufacture of such articles.

Package liquor store.

Pet shops, but not including animal hospitals.

Photo developing and processing.

Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.

Picture framing, when conducted for retail trade on the premises only.

Postal substations.

Public utility collection offices.

Restaurants, tearooms or cafes, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles.

Savings and loan associations.

Sewing machine sales and service.

Shoe and hat stores, and repairing and cleaning, when done as a part of the retail business.

Sporting goods stores.

Tailor and dressmaking shop.

Tavern.

Telegraph offices.

Telephone booths, public.

Temporary buildings and uses for construction purposes when approved as provided for in R-1 districts.

Tobacco shop.

Toy stores.

Travel bureau and transportation ticket offices.

Wearing apparel shops.

   B.   Special Uses: The following uses may be allowed by special use permit in accordance with the provisions of this article:

Other retail business uses not specifically listed above when found to have economic compatibility with established uses on adjoining properties, and which do not have a negative impact on those properties.

Air conditioning and heating sales and service.

Ambulance service.

Amusement establishments; bowling alleys, skating rinks, and other similar places of recreation.

Auction rooms.

Automobile accessory stores.

Automobile service stations.

Bicycle and motorcycle sales and repair.

Blueprinting and photostating establishments.

Boat showrooms, sales and service.

Books, printing and wholesale.

Bus terminal or other public transportation terminal facilities.

Catering establishments.

Costume rental shops.

Exterminating shops.

Fairgrounds, circuses, coliseums, racetracks, and other similar exposition and recreational uses.

Frozen food stores and lockers.

Glass and glass products, wholesale and distribution.

Glass sales and services, automotive, plate and window.

Messenger service.

Mirror and glazing shops.

Monument sales, but not including the cutting or grinding of stones or other material, on an open lot or within a building.

Muffler shop.

Parks, when publicly owned and operated.

Planned unit developments.

Plumbing and heating showroom and shops.

Portable signs.

Public ministorage warehouse.

Radio and television broadcasting stations.

Residential dwelling units, when permitted uses occupy the ground floor, provided that no such residential dwelling unit shall be located on the ground floor.

Restaurants, drive-in type where goods and services are offered directly to customers waiting in parked automobiles in an off street parking lot.

Schools, music, dance, business, commercial or trade.

Secondhand stores and rummage shops.

Silverplating and repair shops.

Undertaking establishments, funeral parlors or mortuaries.

Upholstery shops.

Other similar uses. (Ord. 1046, 4-14-1999)

All uses permitted in this district, except residence district uses, shall be retail establishments dealing directly with consumers and shall be subject to the following conditions:

   A.   All businesses or service or processing of aforesaid stores, offices, shops or businesses shall be conducted wholly within a completely enclosed building, except for automobile parking and off street loading, and sale of automobile fuel.

   B.   All products produced, whether primary or incidental, shall be sold at retail on the premises where produced.

   C.   There shall be no manufacture, processing, or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the same premises.

   D.   The repair or processing of goods shall be limited to those which are not objectionable by reason of nuisances they create, such as noise, dust, vibration, smoke and particulate matter, toxic matter, noxious odorous matter, fire and explosive hazards, glare and heat or water carried waste.

   E.   Residential dwelling units, when permitted uses occupy the ground floor, provided that no such residential dwelling unit shall be located on the ground floor. (Ord. 1046, 4-14-1999)

No building shall be erected or enlarged to exceed a height of two (2) stories or forty feet (40'). (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Front Yard Requirements: Each building or portion thereof shall have a front yard of not less than twenty five feet (25') in depth.

   B.   Side Yard Requirements: None, except where such use abuts upon the side of a lot in an R district, in which case there shall be a side yard on the lot in the C-1 district of not less than thirty feet (30') and, in addition, such side yard shall be fenced and screened to restrict the view from any adjoining lot in the R district, as approved by the plan commission.

   C.   Rear Yard Requirements: There shall be a rear yard of not less than twenty five percent (25%) of the depth of the lot, but such rear yard need not exceed thirty feet (30'); provided, where the rear of such lot abuts upon a lot in an R district, in which case such rear lot in the C-1 district shall be fenced and screened to restrict the view from any adjoining lot in the R district, as approved by the plan commission. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   With the exception of ingresses and egresses, sidewalks, permitted signs and permitted decorative fences or walls, a ten foot (10') strip of land abutting and running parallel to the front and corner side (where applicable) yards for the width or depth of the lot shall be landscaped. Landscaping shall consist of a combination of the following materials: grass, trees, low living plant materials and defined areas of nonliving ground cover materials.

   B.   All applicable landscaping requirements contained in this section shall be in full compliance not later than five (5) years from the effective date hereof; otherwise it shall be considered in violation of the zoning code. (Ord. 1126, 2-28-2001)

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the regulations in the C-2 business office district. (Ord. 961, 2-12-1997, eff. 2-22-1997)

Land shall be used and all buildings shall be erected, altered, enlarged or used only for one or more of the following purposes:

Automobile parking space, for use in connection with other permitted uses.

Business offices.

Dental offices.

Doctor's, surgeon's, or physician's offices.

Governmental offices.

Professional offices.

Signs, as permitted and regulated in this title. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Uses Enumerated: The following uses may also be permitted if the location and development plan is approved by the board of trustees after public hearing conducted by the zoning board and receipt of written recommendation from the zoning board:

Residential dwelling units, when permitted uses occupy the ground floor; provided, that no such residential dwelling unit shall be located on the ground floor.

   B.   Parking Requirements: Requirements for on site parking, pedestrian access entrances and exits and other requirements for approval of the special use shall be as determined by the board of trustees after recommendation from the zoning board. (Ord. 961, 2-12-1997, eff. 2-22-1997)

No building shall be erected or enlarged to exceed a height of two (2) stories or forty feet (40'). (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Front yard requirements: Same as specified for C-1 district.

   B.   Side yard requirements: Same as specified for C-1 district.

   C.   Rear yard requirements: Same as specified for C-1 district. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   With the exception of ingresses and egresses, sidewalks, permitted signs and permitted decorative fences or walls, a twenty foot (20') strip of land abutting and running parallel to the front and corner side (where applicable) yards for the width or depth of the lot shall be landscaped. Landscaping shall consist of a combination of the following materials: grass, trees, low living plant materials and defined areas of nonliving ground cover materials.

   B.   All applicable landscaping requirements contained in this section shall be in full compliance not later than five (5) years from the effective date hereof; otherwise it shall be considered in violation of the zoning code. (Ord. 1126, 2-28-2001)

The purpose of the C-3 commercial center district is to provide areas of land for development of a commercial center or uses in conjunction with a commercial center. This district should encourage the development of commercial centers with off street parking and loading facilities, safe, well conceived points of ingress and egress, ample setbacks and attractive landscaping. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Minimum Initial Acreage: The minimum initial acreage of land for the C-3 zoning district shall be at least two hundred (200) acres.

   B.   Minimum Area: If the initial acreage of two hundred (200) acres or more is subsequently subdivided, a minimum of one hundred five (105) acres of land must be used as one parcel and operated as an integrated unit under unified control, upon which a commercial center is constructed.

   C.   Contiguous Area: Parcels which are contiguous to land which is to be designated a C-3 district may be included within said C-3 district when created (and hence, thereby rezoned C-3) upon the joint request of the owners of the land and the owners of the land to be designated C-3, provided the use of the parcels shall be for the development of a commercial center or uses in conjunction therewith.

   D.   Parking:

      1.   Required commercial center parking shall be a minimum of five (5) parking spaces per one thousand (1,000) square feet of gross leasable area and hotel/motel parking shall be minimum of one parking space per room. Fast food or drive-in restaurants shall be two (2) per one hundred (100) square feet of gross leasable floor area plus six (6) car holding capacity for each drive-in bay.

      2.   All parking facilities shall be within eight hundred feet (800') of the building they are required to serve.

      3.   If parking is provided by parking garage, the square footage lot area is waived as long as one parking space per hotel room is supplied or equivalent convention center/shopping center parking is supplied.

   E.   Required Frontage: The total development of two hundred (200) acres or more shall have at least two thousand six hundred forty feet (2,640') of frontage on a secondary street.

   F.   Permitted Uses: The following are permitted uses in the C-3 district:

      1.   All special and permitted uses in the C-1 district, except residential.

      2.   All special and permitted uses in the C-2 district, except residential.

      3.   A convention/exposition center.

      4.   Car dealerships and service centers or auto malls and service centers, including auto body shop repair as an incidental part of the car dealership, sale of licensed and unlicensed motor vehicles, licensed and unlicensed recreational vehicles, trailers, motor homes, boats, jet skis, motorcycles, snowmobiles, all-terrain vehicles, and airplanes.

      5.   Megamalls and shopping centers.

   G.   Special Uses: Hotels or motels; provided, that there be no more than one hotel room per five hundred (500) square feet of lot area per floor, exclusive of areas devoted to other purposes and as long as the required parking is provided.

   H.   Retail Area: All retail and service establishments shall deal directly with retail and wholesale consumers. All goods produced on the premises may be sold as retail or wholesale where produced.

   I.   Required Screening: All materials not on display for retail sale to the public shall be concealed from adjacent properties and public rights of way by an opaque fence, wall, hedge, or earth berm not to exceed eight feet (8') in height, except a fence screening a maintenance area may be higher if necessary but not higher than twelve feet (12'). All unrepaired vehicles shall not be visible to the public and shall be completely concealed.

   J.   Landscaping Requirements: With the exception of ingresses and egresses, sidewalks and permitted signs, a twenty foot (20') strip of land adjacent to and running parallel to the front and corner side yard (where applicable) for the width or depth of the lot shall be landscaped where any parcel abuts a dedicated street or adjoining property not owned now or previously owned by the owners of the original tracts making up the initial parcels coming into C-3 zoning. Landscaping shall consist of a combination of the following materials: grass, trees, low living plant materials and defined areas of nonliving ground cover materials.

   K.   Traffic Impact Study: A traffic impact study conducted by a traffic engineer licensed by the state and selected by the developer, and approved by the village, which approval shall not be unreasonably withheld, detailing the projected traffic impact of a proposed development shall be prepared if in the opinion of the plan commission the development as proposed would create traffic problems, and the proposed commercial center would require more than one thousand (1,000) parking spaces. A traffic study paid for by the developer shall be required before site plan approval.

   L.   Setback Requirements: All buildings and structures shall adhere to the following setbacks:

      1.   Front yard setback, corner side yard setback or any portion of a C-3 district abutting a dedicated street or a property which abuts adjoining property not owned now or previously owned by owners of the original tracts making up the original parcels coming into C-3 zoning shall be forty five feet (45') with a twenty foot (20') landscaped buffer in accordance with the provisions of subsection J of this section; and

      2.   Anything to the contrary notwithstanding, setback and fencing requirements between out parcels and other out parcels, and between out parcels and shopping centers are eliminated on all land which is a part of the original acreage coming into C-3 zoning.

   M.   Maximum Height: The maximum building height is thirty five (35) stories or four hundred feet (400'), whichever is less.

   N.   Subdivision Of Lots: Lots may be subdivided, provided the owner complies with the plat act 1 .

   O.   Sidewalks: No sidewalks will be required.

   P.   Signs: The following requirements apply to the C-3 district, subject to the exceptions therein contained:

      1.   Illumination: Signs may be illuminated by fixed lighting of an internal or external nature; provided, that such lighting does not glare or beam a light onto a street or residential building outside the C-3 district.

      2.   Obstructing View Of Public Ways: It shall be unlawful to post any sign which shall in any way obstruct the clear view of any street, intersection, traffic control signal or device, driveway or walkway.

      3.   Anchoring: All signs shall be securely anchored so as not to endanger or imperil public safety.

      4.   Freestanding Sign; Height: It shall be unlawful to permit any freestanding sign to extend more than one hundred feet (100') in height.

      5.   Inspection: All signs shall be subject to inspection by the zoning administrator or building inspector. Moreover, such officer may condemn any sign which does not conform to this title or poses a threat to public safety and order the removal thereof.

      6.   Permission To Post Signs Required: It shall be unlawful to post any sign on a street right of way or other public property unless permission to do so has been granted by the board of trustees or the same is otherwise provided for in this article.

      7.   Prohibited Posting: It shall be unlawful to post or attach any sign to a utility pole, tree, utility standpipe, gutter drain or fire escape.

      8.   Maintenance: Every sign shall be maintained in a safe, presentable and structurally sound condition.

      9.   Advertising Restrictions: It shall be unlawful to post and maintain any sign, which advertises a use or service which is no longer in existence, or provided the zoning administrator or building inspector shall apply to the circuit court of the county for an order authorizing the removal of a particular sign, if the owners thereof including the lienholders of record, after at least fifteen (15) days' written notice by mail to do so, have failed to remove the sign. Any costs and expenses incidental thereto shall be paid by the owner of the property to which such sign is attached.

      10.   Freestanding Out Parcel Signs: One pylon sign with a surface area per side no greater than three hundred twenty five (325) square feet per out parcel business establishment shall be permitted, provided each such sign shall have a vertical clearance of at least nine feet (9') if suspended over pedestrian traveled areas. The building inspector may permit a sign to extend over public property, provided the following conditions of subsections P10a and P10b of this section are met:

         a.   The pylon sign maintains a nine foot (9') clearance above ground level; and

         b.   The width of the sign does not exceed twenty two feet (22').

      11.   Shopping Center Pylon Signs: One sign at each entrance is permitted with a surface area per side no greater than four hundred (400) square feet for multiple tenants, provided the following conditions of subsections P11a and P11b of this section are met: (Ord. 961, 2-12-1997, eff. 2-22-1997)

         a.   The sign maintains a nine foot (9') clearance above ground level; and (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)

         b.   The width of the sign does not exceed twenty feet (20').

      12.   Automobile Dealership; Licensed And Unlicensed Goods Pylon Signs:

         a.   One sign with a surface area per side no greater than two hundred (200) square feet is permitted for all automobile dealership pylons and up to four hundred (400) square feet where there is a minimum of four (4) multiple tenants.

         b.   One sign with a surface area per side no greater than one hundred fifty (150) square feet is permitted for all pylons for the sale of all licensed and unlicensed recreational vehicles, trailers, motor homes, boats, jet skis, motorcycles, snowmobiles, all-terrain vehicles, and airplanes.

         c.   Such individual dealership pylons shall be a minimum of two hundred fifty feet (250') apart.

         d.   "Danglers" are permitted to define sales of used cars as long as they are not more than two (2) colors.

      13.   Directional Signage: Directional signage is permitted to the various tenants, provided the following conditions of subsections P13a and P13b of this section are met and the sign is out of the state right of way:

         a.   The sign maintains a nine foot (9') clearance above ground level; and

         b.   The width of the sign does not exceed fifteen feet (15').

      14.   Height Limitations: The following height limitation shall govern all signs posted and maintained under C-3 zoning:

         a.   Buildings under twenty feet (20') in height may have a maximum sign height of thirty five feet (35');

         b.   Buildings over twenty feet (20') in height may have a maximum sign height of one hundred feet (100') or the top of the building, whichever is greater.

      15.   Attaching To Buildings: It is permissible to attach signs to the outside of a building; provided, that the following conditions are met:

         a.   No linear sign shall project more than one foot (1') from the surface of the wall or roof.

         b.   The surface area in square feet of such sign shall not exceed six (6) times the number of linear feet of the wall to which it is attached. The length of such sign shall not exceed seventy percent (70%) of the building wall opening upon which the sign is located. The end of such sign shall be no closer to the end of that wall or section of wall containing the sign than ten percent (10%) of the length of that wall.

      16.   Awnings And Canopies: Awnings and canopies may be internally illuminated as long as the surface area in square feet of such sign shall not exceed four (4) times the number of linear feet of the awning.

      17.   Incidental To Businesses:

         a.   Signs which are incidental to a business establishment and to the purposes of the business transacted therein are permissible under this provision; such signs include, but not by way of limitation:

            (1)   Signs identifying parking areas or relating to the parking of vehicles;

            (2)   Signs denoting entrances, exits, secondary entrances and the like; and

            (3)   Signs displayed on a window; provided, that such sign covers no more than seventy five percent (75%) of the window area.

         b.   All signs posted and maintained in accordance with items per subsections P17a(1) and P17a(2) of this section shall be used exclusively for their obvious and intended purpose. These signs shall not be obtrusive and in no event shall they exceed ten (10) square feet in area.

      18.   Sale And Rental Signs: Sale and rental signs are permissible, provided there shall be no more than four (4) per zoning lot and two (2) per corner zoning lot. The following limitations shall govern all signs posted and maintained under this provision:

         a.   Each sign shall contain no more than one hundred (100) square feet per side of surface area.

         b.   Each sign shall conform to the location and height limitations and requirements applicable to the C-3 district.

         c.   Leasing signs can be illuminated.

      19.   Billboards: Billboards are permitted, provided they are no greater than fifteen feet by forty four feet (15' x 44'), plus an addition of irregular shape not exceeding ten percent (10%) of the total sign square footage, and are structurally of sound construction. Billboards can be illuminated.

      20.   Automotive Service Station Signs: It is permissible to post and maintain signs in and about the area of automobile service stations; provided, that the same are posted in accordance with the rules and guidelines hereinafter set forth in subsections P20a and P20b of this section:

         a.   Signs attached to the building. The total surface area of all signs so displayed shall not exceed two hundred fifty (250) square feet in surface area, including, but not limited to, all signs containing a commercial message, whether temporary or permanent, which is visible to the public from outside the building.

         b.   Freestanding signs. The total surface area of all freestanding signs shall not exceed three hundred (300) square feet and only one freestanding sign may be permitted a maximum height of one hundred feet (100') above grade. Two (2) additional freestanding signs with a maximum height of eight feet (8') above the adjacent street curb level may be permitted, provided they are located a minimum of five feet (5') or more away from any street driveway or entry.

      21.   Freestanding Signs; Extension: Freestanding signs may extend up to one hundred feet (100') above grade in height.

      22.   Moving Signs: Roof and wall signs over five hundred feet (500') from a road and movie theater marquees may have illuminated signs with flashing, scintillating, traveling or blinking lights or rotating beacons or beams of light which periodically change color.

      23.   Time Or Temperature Signs: A sign on which the current time, temperature or a message is indicated by intermittent lighting is permitted.

      24.   Vehicular Signs: Vehicular signs advertising the project are permitted.

      25.   Grand Opening Signs: Grand opening signs and banners are permitted for up to thirty (30) days at a time.

      26.   Flagpoles: Flagpoles are permitted up to sixty feet (60') in height. (Ord. 961, 2-12-1997, eff. 2-22-1997)