Zoneomics Logo
search icon

Morton City Zoning Code

CHAPTER 10

6 BUSINESS DISTRICTS

10-6-1: Purpose

The purpose of the business districts, as outlined herein, is to accommodate businesses by the grouping of compatible businesses in areas well located to serve the needs of the individual businesses and those of the community so as to create convenience to the public, minimizing of traffic congestion, discouragement of unsightly and inefficient business development, and to promote business prosperity and shopping convenience. (Ord. 78-31, 3-5-79)

10-6-2: B-1 Professional Office District

  1. Permitted Uses:
    1. Home, regional, district, and branch offices not to include retailing, wholesaling, trucking, manufacturing, or advertising signs or displays.
    2. Offices for educational, fraternal, professional, and religious organizations.
    3. Real estate and insurance company offices.
    4. Offices of doctors, dentists, lawyers, architects, engineers, and similar professions.
    5. Offices for governmental agencies.
    6. Medical and dental clinics, excluding animal clinics or animal hospitals.
    7. Barber and beauty shops.
    8. In the Old Morton Business District, living quarters above or adjoining a business, not to exceed one (1) apartment. (Ord. 12-12, 9-4-12)
  2. Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
    1. Hospitals and sanitariums, but not including animal hospitals. (Ord. 78-31, 3-5-79)
    2. Rest homes, nursing and convalescent homes, and retirement centers. (Ord. 78-31, 3-5-79; amd. Ord. 84-25, 4-15-85)
    3. Churches, convents, and monasteries.
    4. Financial institutions and banks.
    5. Day care centers. (Ord. 78-31, 3-5-79)
    6. Living quarters above or adjoining businesses, living units to have a minimum of 500 square feet per unit. If the property is located within the Old Morton District as designated on the map in 10-8-9 of the Morton Municipal Code, the Special Use requirement for living quarters does not apply. (Ord. 78-31, 3-5-79; amd. Ord. 92-15, 9-8-92; amd. Ord. 12-12, 9-4-12; amd. Ord. 15-16, 2-1-16)
    7. Borrow pits. (Ord. 86-23, 4-20-87)
    8. Community activity center. (Ord. 94-13, 8-1-94)
    9. Wind energy conversion system. (Ord. 07-04, 5-7-07)
    10. Residential Treatment Center. (Ord. 07-37, 10-1-07)
  3. Required Yard Area: Every building hereafter erected or structurally enlarged shall provide the following yard requirements, except for lots of record which shall meet the reduced requirements of Section 10-4-4 and except for those general exceptions to yard requirements as outlined in Section 10-4-3:
    1. Front Yard: The front yard shall be equal to the building height but in no case less than twenty five feet (25) unless the exception set forth in Section 10-4- 3{G) applies, and in the instance such exception applies the required front yard shall be equal to the building height but in no case less than eighteen feet nine inches {18'9").
    2. Side Yard: The side yard shall be not less than twelve feet (12’) for each building of two and one-half (2 1/2) stories, plus six feet (6’) for each story or portion of story above two and one-half (2 1/2) stories.
    3. Rear Yard: The rear yard shall be not less than eight feet (8’) for each building of two and one-half (2 1/2) stories, plus four feet (4’) for each story or portion of story above two and one-half (2 1/2) stories.
    4. Fences: Ornamental and enclosure fences meeting the required conditions are exempt from the specific yard requirements as noted.
      1. Ornamental fences not exceeding six feet (6’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards.
      2. Ornamental and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
    5. Pavement: Access walks, drives and parking areas not encroaching on the landscaped front yard shall be no closer than 10 feet (10’) to the side property line and eight feet (8’) to the rear property line. Landscape screening shall be required whenever pavement is closer than the building setback line.
    6. Parking Lot Light Poles: Parking lot light poles may extend an additional three feet (3’) into the required landscaped yard setback. All outdoor lighting in any business or industrial district shall be installed so that lighting throw does not fall beyond any property line.
    7. Noise-Emitting Mechanical Equipment: On properties adjacent to residential districts, mechanical equipment emitting noise such as air-conditioning compressors and similar equipment may be located in side or rear yards but in no case any closer than twelve feet (12') to the side yard property line of the adjacent property, and in all instances so installed and directed to be of minimum annoyance to the adjacent property. Back-up generators may be located in side or rear yards but in no case closer than six feet (6') to the side yard property line of the adjacent property.
  4. Building Height: No building shall be erected or enlarged to exceed a height of two and onehalf (2 1/2) stories or thirty five feet (35’), except for those general exceptions to height limitations listed in Section 10-4-3. Buildings of up to five (5) stories or seventy feet (70’) in height may be permitted as a special use subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title.
  5. Required Off-Street Parking And Loading: Required off-street parking and loading shall be provided as outlined in Chapter 8 of this Title. (Ord. 78-31, 3-5-79). All drives, parking, and loading areas shall be surfaced with bituminous concrete or concrete.
  6. Required Construction Area And Composition: A building which is erected or enlarged shall conform to the following:
    1. It shall rest upon footing or foundation. This shall not be construed to prohibit pole buildings or post frame buildings if set in concrete.
    2. It shall have sanitary facilities which comply with all other requirements of the Morton Municipal Code. This provision shall not apply to those buildings used exclusively for storage or warehousing.
  7. Interstate Corridor: In the event the property is located within an interstate corridor, then the required lot size, required yard area, driveways and parking areas, and building height shall be as set forth in Title 10, Chapter 4, Subsection 7(B), (C), and (D). The provisions of Title 10, Chapter 4, Subsection 7(G) shall also apply. (Ord. 94-31, 5-15-95)
  8. Landscaped Buffers or Screening Required: Newly established business uses adjacent to or backing on property zoned in the residential districts shall provide and continuously maintain on that property line a dense hedge, tree row, or other similar landscape device suitable to visually screen the differing types of adjacent uses from one another.

HISTORY
Amended by Ord. 19-22 Added C(5) on 3/4/2019
Amended by Ord. 22-08 Amended C(1) on 8/2/2021
Amended by Ord. 23-07 on 9/6/2022

10-6-3: B-2 General Business District

  1. Permitted Uses:
    1. All uses permitted as a “permitted use” in the B-1 Professional Office District.
    2. Banks, savings and loans, and other financial institutions.
    3. Book and stationery stores.
    4. Camera and photographic supply stores.
    5. Candy and ice cream stores, including stores where commodities are produced on premises for sale exclusively on the premises.
    6. Carpet and rug stores.
    7. China and glassware stores.
    8. Department stores.
    9. Drugstores.
    10. Dry cleaning and laundry pick-up stations.
    11. Dry goods stores.
    12. Electric and household appliance stores, including radio and television sales and repair.
    13. Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use.
    14. Garden supply stores.
    15. Gift shops.
    16. Haberdashery.
    17. Hardware stores.
    18. Hobby shops for retail of items to be assembled or used away from the premises.
    19. Hotels
    20. Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the principal use.
    21. Jewelry stores, including watch repair.
    22. Laboratories, medical, and dental research and testing.
    23. Laundromats and dry cleaning machines with not more than three (3) employees.
    24. Leather goods and luggage stores.
    25. Libraries and reading rooms.
    26. Liquor, beer, and wine outlets.
    27. Musical instruments, sales and repair facilities.
    28. Office supply stores.
    29. Paint and wallpaper stores.
    30. Pet stores, but not including outdoor kennels or runways.
    31. Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.
    32. Post offices.
    33. Public meeting halls.
    34. Restaurants, tea rooms, and taverns (but not drive-in or drive-through restaurants where food is provided to customers in cars).
    35. Sales and display rooms.
    36. Shoe stores and shoe repair.
    37. Sporting goods store.
    38. Supermarkets and retail food stores.
    39. Tailor or dressmaking shops.
    40. Telegraph, telephone, or utility offices.
    41. Temporary outdoor demonstrations and exhibitions of merchandise primarily for outdoor use.
    42. Theaters (not drive-ins).
    43. Toy shops.
    44. Variety shops. (Ord. 78-31, 3-5-79)
    45. Printing and publishing having not more than fifteen (15) employees other than office and maintenance employees. (Ord. 84-2, 6-18-84)
    46. Bed and Breakfast Establishments. (amd Ord. 09-20, 8-3-09)
    47. Esports cafes.
  2. Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
    1. Any use permitted as a special use in the B-1 Professional Office District.
    2. Automobile service stations and public garages, including new and used car sales rooms.
    3. Bus depots and cab stands.
    4. Drive-in or drive-through restaurants where food is provided to customers in cars.
    5. Frozen food stores, including locker rental in conjunction therewith.
    6. Funeral homes, mortuaries, and crematories.
    7. Radio and television broadcasting studios and transmitting towers.
    8. Restricted production and repair, limited to the following: art, needlework, clothing, custom manufacturing, and alterations for retail only, jewelry from precious metals, watches, dentures, and optical lenses.
    9. Service, cleaning, or repair shops for personal, household, or garden equipment.
    10. Veterinarian or animal hospital without outdoor kennels or runways.
    11. Food processing and retail sales.
    12. Retail sale of automobile supplies and auto parts. (amd. Ord. 01-28, 11-5-01)
    13. Restaurants, taverns, and similar establishments serving alcoholic liquors with an outdoor eating, drinking, or seating area. (amd. Ord. 08-44, 4-20-09)
    14. Car Washes. (amd. Ord. 13-31, 3-3-14)
    15. Firearm resale shop. (amd. Ord. 17-03, 6-5-17)
    16. Firearm firing range. (amd. Ord. 17-03, 6-5-17) Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
    17. Brew pub.
    18. Craft brewery.
    19. Winery.
    20. Massage Parlor
  3. Required Yard Area: Every building hereafter erected or structurally enlarged shall provide the following yard requirements, except for lots of record which shall meet reduced requirements of Section 10-4-4, and except for those general exceptions to yard requirements as outlined in Section 10-4-3:
    1. Front Yard: The front yard shall be equal to the building height but in no case less than twenty five feet (25) unless the exception set forth in Section 10-4-3{G) applies, and in the instance such exception applies the required front yard shall be equal to the building height but in no case less than eighteen feet nine inches {18'9").
    2. Side Yard: The side yard shall be a minimum of ten feet (10’) for buildings of two and one-half (2 1/2) stories or less, unless an existing adjoining property provides no side yard, in which case the property need provide no side yard. Ten foot (10’) side yard is minimum required side yard for buildings of two and one-half (2 1/2) stories or less where buildings are separated. For unattached building of more than two and one-half (2 1/2) stories, the side yard shall be increased five feet (5’) for each story or portion of story above two and one-half (2 1/2) stories.
    3. Rear Yard: The rear yard shall be not less than eight feet (8’).
    4. Fences: Ornamental and enclosure fences meeting the required conditions are exempt from the specific yard requirements as noted.
      1. Ornamental fences not exceeding six feet (6’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards.
      2. Ornamental and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
    5. Pavement: Access walks, drives and parking areas not encroaching on the landscaped front yard shall be no closer than 10 feet (10’) to the side property line and eight feet (8’) to the rear property line. Landscape screening shall be required whenever pavement is closer than the building setback line.  
    6. Parking Lot Light Poles: Parking lot light poles may extend an additional three feet (3') into the required landscaped yard setback., All outdoor lighting in any business or industrial district shall be installed so that lighting throw does not fall beyond any property line.
    7. Noise-Emitting Mechanical Equipment. On properties adjacent to residential districts, mechanical equipment emitting noise such as air-conditioning compressors and similar equipment emitting noise such as air-conditioning compressors and similar equipment may be located in side or rear yards but in no case any closer than twelve feet (12') to the side yard property line of the adjacent property, and in all instances so installed and directed to be of minimum annoyance to the adjacent property. Back-up generators may be located in side or rear yards but in no case closer than six feet (6') to the side yard property line of the adjacent property.


  4. Building Height: No building shall be erected or enlarged to exceed a height of two and one-half (2 1/2) stories or thirty five feet (35’), except for those general exceptions to height limitations listed in Section 10-4-3. Buildings of up to five (5) stories or seventy feet (70’) in height may be permitted as a special use subject to the public hearing and other special permit requirements as outlined in Chapter 10 of this Title.
  5. Required Off-Street Parking And Loading: Required off-street parking and loading shall be provided as outlined in Chapter 8 of this Title. (Ord. 78-31, 3-5-79). All drives,, parking and loading areas shall be hard surfaced with bituminous concrete or concrete.
  6. Required Construction Area And Composition: A building which is erected or enlarged shall conform to the following:
    1. It shall rest upon footing or foundation. This shall not be construed to prohibit pole buildings or post frame buildings if set in concrete.
    2. It shall have sanitary facilities which comply with all other requirements of the Morton Municipal Code. This provision shall not apply to those buildings used exclusively for storage or warehousing.
  7. Interstate Corridor: In the event the property is located within an interstate corridor, then the required lot size, required yard area, and driveways and parking areas, shall be as set forth in Title 10, Chapter 4, Subsections 7(B) and (C). The provisions of Title 10, Chapter 4, Subsection 7(G) shall also apply. (Ord. 94-31, 5-15-95)
  8. Landscaped Buffers or Screening Required: Newly established business uses adjacent to or backing on property zoned in the residential districts shall provide and continuously maintain on that property line a dense hedge, tree row, or other similar landscape device suitable to visually screen the differing types of adjacent uses from one another.

HISTORY
Amended by Ord. 19-23 Added B(16,17,18) on 3/4/2019
Amended by Ord. 19-22 Added C(5) on 3/4/2019
Amended by Ord. 21-22 Added A(46) on 10/5/2020
Amended by Ord. 22-08 Amended C(1) on 8/2/2021
Amended by Ord. 22-12 Amended A(33) on 11/1/2021
Amended by Ord. 23-07 on 9/6/2022
Amended by Ord. 24-17 on 9/5/2023
Amended by Ord. 24-34 on 4/1/2024

10-6-4: B-3 Highway And Service Commercial District

  1. Permitted Uses:
    1. All uses permitted as a “permitted use” in the B-1 Professional Office District and in the B-2 General Business District, except however the permitted use allowing "living quarters above or adjoining a business, not to exceed one (1) apartment" in the Old Mortion District shall not be a permitted use in the B-3 District.
      .
    2. All other retail stores, shops, and service establishments not permitted in the B-1 or B-2 Districts, including those uses specifically mentioned below and providing within enclosed buildings except as noted below, not however, to include uses involving any manufacturing or processing except as expressly permitted below.
    3. Automobile supplies and auto parts.
    4. Auto washing establishments.
    5. Boat sales.
    6. Bowling alleys.
    7. Branch banks.
    8. Catering establishments.
    9. Clubs, lodges, fraternal and business organization meeting halls, and recreational facilities.
    10. Drive-in or drive-through food, refreshment, and other business establishments servicing customers in cars.
    11. Dry cleaning and laundry establishments.
    12. Earth moving and material handling indoor equipment displays and sales rooms.
    13. Exterminating shops.
    14. Farm supplies (not to include outdoor storage of farm equipment).
    15. Feed stores.
    16. Garages for repair and servicing of automobiles and trucks (but not to include outdoor storage other than vehicles awaiting repair or pick-up).
    17. Machinery sales (not to include outdoor storage of machinery).
    18. Motels and hotels.
    19. Printing and publishing having not more than twenty five (25) employees other than office and maintenance employees.
    20. Roller rinks and ice skating rinks.
    21. Service, cleaning, or repair shops for personal, household, or garden equipment.
    22. Storage, warehousing, and wholesale establishments provided carried out within enclosed buildings.
    23. Veterinarian or animal hospital without outdoor kennels or runways.
  2. Special Uses: The following uses are permitted subject to the public hearing and other special permit procedure requirements as outlined in Chapter 10 of this Title:
    1. Any use permitted as a special use in the B-2 General Business District.
    2. Any of the foregoing uses where outdoor storage of products or goods used or sold on the premises is a necessary part of the operation.

      In making its recommendation to the Village Board to permit special uses involving outdoor storage areas, the Plan Commission shall require such outdoor storage areas, except those for the display of sale items, be located at least seventy feet (70’) from the nearest collector or major street, highway, or interstate highway, as defined on the “Official Map” of the Village, and to be so located on the site and screened from public view from such streets and highways to the fullest extent possible. Such screening shall be by landscape screening or by a screening fence appropriately located, and as defined in Chapter 2 of this Title.
    3. Automobile sales, including lots for the outdoor storage and display of new or used automobiles.
    4. Building material establishments for the sale of dimensioned lumber, millwork, cabinets, and other building materials, provided no milling, planing, jointing, or manufacturing of millwork shall be conducted on the premises.
    5. Cartage and express facilities, including the storage of goods, motor trucks, and other equipment.
    6. Contractor’s or construction offices and shops, such as building, concrete, electrical, masonry, printing, plumbing, refrigeration, and roofing, including any related outdoor storage areas.
    7. Earthmoving and material handling equipment, including lots for the outdoor storage and display of such equipment.
    8. Farm machinery and supplies, including lots for the outdoor storage and display of new or used farm equipment.
    9. Mobile home and recreational vehicle sales and storage, not, however, to include the storage or parking of occupied mobile homes or recreational vehicles.
    10. Monument sales, including outdoor storage and display of monuments.
    11. Storage and warehousing involving outdoor storage.
    12. Outdoor recreation facilities.
    13. Fuel sales (not bulk plants) except where retail sales are incidental to another permitted use. (amd. Ord. 01-28, 11-5-01)
    14. Lumber yards. (amd. Ord. 02-34, 3-17-03)
    15. School bus storage yards and related buildings. (Ord. 13-07, 7-1-13)
  3. Required Yard Areas: Every building hereafter erected or structurally enlarged shall provide the following yard requirements, except for lots of record which shall meet the reduced requirements of Section 10-4-4 and except for those general exceptions to yard requirements as outlined in Section 10-4-3:
    1. Front Yard: The front yard shall equal the building height but in no case shall it be less than forty five feet (45'), except that on the west side of Detroit Avenue.
    2. Side Yard: The side yard shall be a minimum of ten feet (10’) unless an existing adjoining property provides no side yard, in which case the property need provide no side yard. Where adjoining structures are not attached, the side yard for a building of two and one-half (2 1/2) stories shall be a minimum of ten feet (10’). For each story or portion of story above two and one-half (2 1/2) stories, the side yard shall be increased by five feet (5’).
    3. Rear Yard: The rear yard shall be a minimum of twenty feet (20’).
    4. Fences: Ornamental and enclosure fences meeting the required conditions are exempt from the specific yard requirements as noted.
      1. Ornamental fences not exceeding six feet (6’) in height are permitted within the front yard. Enclosure fences are not permitted in front yards.
      2. Ornamental and enclosure fences not exceeding six feet (6’) in height are permitted in the side and rear yards. (amd. Ord. 08-30, 12-1-08)
    5. Pavement: Pavement shall be no closer than ten feet (10’) to the side and rear property lines. In the event walks, drives, or parking areas were built in compliance with a lesser setback, but not as a result of a variance, then the setback for subsequent walks, drives, and parking areas may be the same as that in effect at the time of prior construction. Landscape screening shall be required whenever pavement is closer than the building setback line. 
    6. Parking Lot Light Poles: Parking lot light poles may extend an additional three feet (3’) into the required landscaped yard setback. All outdoor lighting in any business or industrial district shall be installed so that lighting throw does not fall beyond any property line.
    7. Noise-Emitting Mechanical Equipment. On properties adjacent to residential districts, mechanical equipment emitting noise such as air-conditioning compressors and similar equipment emitting noise such as air-conditioning compressors and similar equipment may be located in side or rear yards but in no case any closer than twelve feet (12') to the side yard property line of the adjacent property, and in all instances so installed and directed to be of minimum annoyance to the adjacent property. Back-up generators may be located in side or rear yards but in no case closer than six feet (6') to the side yard property line of the adjacent property
  4. Building Height: No building shall be erected or enlarged to exceed a height of two and one-half (2 1/2) stories or thirty five feet (35’) except for those general exceptions to height limitations listed in Section 10-4-3. Buildings of up to five (5) stories or seventy feet (70’) in height may be permitted as a special use subject to the public hearing and other special permit requirements as outlined in Chapter 10 of this Title.
  5. Required Off-Street Parking And Loading: Off-street parking and loading shall be provided as outlined in Chapter 8 of this Title. (Ord. 78-31, 3-5-79)
  6. Required Construction Area And Composition: A building which is erected or enlarged shall conform to the following:
    1. It shall rest upon footing or foundation. This shall not be construed to prohibit pole buildings or post frame buildings if set in concrete.
    2. It shall have sanitary facilities which comply with all other requirements of the Morton Municipal Code. This provision shall not apply to those buildings used exclusively for storage or warehousing.
  7. Interstate Corridor: In the event the property is located within an interstate corridor, then the required lot size and required yard area size shall be as set forth in Title 10, Chapter 4, Subsection 7(B) and (C). The provisions of Title 10, Chapter 4, Subsection 7(G) shall also apply. (Ord. 94-31, 5-15-95)
  8. Landscaped Buffers or Screening Required: Newly established business uses adjacent to or backing on property zoned in the residential districts shall provide and continuously maintain on that property line a dense hedge, tree row, or other similar landscape device suitable to visually screen the differing types of adjacent uses from one another.
  9. Accessory Buildings: Accessory buildings or structures shall be permitted subject to the following
    1. They shall be located within the required rear yard.
    2. They shall maintain a side and rear setback of six feet (6') for all lots except corner lots. For corner lots the accessory building or structure shall maintain a setback of twenty feet (20') for any side which abuts a street and six feet (6') for all other sides.
    3. They shall not be established within the territory of an existing Village of Morton easement or other utility easement
    4. There shall be no more than one accessory building or structure on any lot in this zoning district.
    5. The height of any accessory building or structure shall not exceed thirteen feet (13') or the height of the primary structure, whichever is less. The area of any building or structure shall not exceed 1.6% of the lot area to a maximum of four hundred eighty (480) square feet
    6. Any side(s) abutting a street shall be screened as follows: at the time of construction (or if weather requires, no later than six(6) months after construction) one row of evergreens shall be planted which shall be of a variety which, at maturity, shall grow together when planted ten feet (10') on center, and shall be at least five feet (5') in height when planted. If the rear yard is completely enclosed by a privacy fence six feet (6') in height, then the landscape screening requirement shall be waived. The landscape screening shall be continuously maintained continuously until such time as the accessory building or structure is removed from the premises.
Noise-Emitting Mechanical Equipment. On properties adjacent to residential districts, mechanical equipment emitting noise such as air-conditioning compressors and similar equipment emitting noise such as air-conditioning compressors and similar equipment may be located in side or rear yards but in no case any closer than twelve feet (12') to the side yard property line of the adjacent property, and in all instances so installed and directed to be of minimum annoyance to the adjacent property. Back-up generators may be located in side or rear yards but in no case closer than six feet (6') to the side yard property line of the adjacent property.
HISTORY
Amended by Ord. 19-22 Added C(5) on 3/4/2019
Amended by Ord. 22-08 Amended C(1) on 8/2/2021
Amended by Ord. 22-12 Amended B(4) on 11/1/2021
Amended by Ord. 23-07 on 9/6/2022
Amended by Ord. 23-17 on 3/6/2023
Amended by Ord. 24-21 on 11/6/2023

19-22

22-08

23-07

19-23

21-22

22-12

24-17

24-34

23-17

24-21