Note:

   1.    See each district and chapter 18 of this title for exceptions.

(Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

The purpose of the C-1 Central Business District is to provide retail and office uses which are characteristic of and help preserve the unique heritage of downtown North Utica. Buildings should consider the surrounding traditional context, including scale, bulk, color, materials, texture, and fenestration (windows). (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Accessory uses or buildings incidental to the permitted uses.

Business and advertising signs, real estate, and public building signs or bulletin boards when attached to a building pertaining to the use of the property on which the sign is located. The signs shall conform to chapter 15 of this title.

Business and professional offices: medical and dental offices and clinics; law offices; insurance and real estate offices; banks, finance, and utility company offices; pet stores; animal grooming stores; animal hospitals and clinics with no open kennels; except for those establishments requiring a drive-through facility.

Libraries, museums, art galleries, and community centers.

Musical instrument stores, sales, and repair.

Office supply stores.

Printing and publishing establishments.

Public or institutional uses: public buildings used by any department of the Village, school district, Township, County, State, or Federal governments; except for vehicle maintenance, raw materials storage, and other similar type facilities.

Residential uses located above the ground floor.

Specialty shops: antiques; gift shops; jewelry stores; magazines, book and stationery outlets; florist shops; camera and photography shops and studios; sporting goods; and video sales and rentals. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

All permitted uses that require a drive-through facility, including attached automated teller machines (ATMs).

Bakery, wellness center with specialty food sales.

Bars and taverns.

Convenience retail stores, pharmacies, drugstores, liquor stores, meat markets, bakeries, delicatessens, and limited-item grocery stores with a maximum floor area of four thousand (4,000) square feet and not containing gas stations on the premises.

Hotels and motels.

Lodging house, bed and breakfast.

Restaurants.

Taproom brewery (as defined in the Alcoholic Beverage Ordinance of the Village Code).

Tattoo and piercing parlor.

Tire stores, sales, and service. (Ord. 2019-03, 2-14-2019; amd. Ord. 2022-08, 3-10-2022; Ord. 2022-29, 9-8-2022)

   A.   Accessory uses shall be operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use or structure.

   B.   No accessory building shall exceed fifteen feet (15') in height, shall not occupy more than twenty percent (20%) of the rear and side yard areas, and shall not be closer than five feet (5') to any lot line.

   C.   Outdoor display of items intended for direct sale to the public shall be permitted as an accessory use only. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Maximum Building Height: No building shall exceed three (3) stories or forty five feet (45') in height.

   B.   Minimum Lot Size: None.

   C.   Minimum Lot Width: None.

   D.   Minimum Floor Area: Five hundred (500) square feet.

   E.   Maximum Impervious Coverage: None.

   F.   Setbacks:

      1.   Minimum front yard setback: No setback is required for a front yard, except to provide for a sidewalk of at least eight feet (8') in width between the building and street.

      2.   Maximum front yard setback: Ten feet (10').

      3.   Minimum side yard setback: No setback is required for a side yard, except for a building that abuts a residential district. A building that abuts a residential district shall have a side yard setback of a minimum of twenty feet (20'). A building that abuts a public street shall provide a sidewalk of at least eight feet (8') in width between the building and street.

      4.   Minimum rear yard setback: No setback is required for a rear yard, except for a building that abuts a residential district. A building that abuts a residential district shall have a rear yard setback of a minimum of twenty feet (20').

      5.   Minimum corner lot setback: No setback is required for a corner lot, except to provide for sidewalks of at least eight feet (8') in width between the building and any streets. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Off Street Parking And Loading: There shall be provided in the C-1 central business district adequate off street loading in accordance with the schedule in chapter 14 of this title. Off street loading may be located only in the rear yards of the C-1 central business district. Off street parking in the C-1 central business district is not required and should be located in consolidated locations near the district.

   B.   Mobility Impaired Accessible Parking: All developments that serve the public shall allocate parking spaces that are accessible to people with disabilities. Accessible parking shall be provided for any building or use initiated after the effective date hereof.

   C.   Lighting: The level of illumination at any point in the parking lot shall not be more than one foot-candle, measured at the pavement. Any lighting used to illuminate an off street parking area shall be so arranged as to reflect the light away from adjoining property. Lighting should only be used to illuminate entries, signage, pedestrian areas, or historical areas.

   D.   Landscaping And Screening:

      1.   Within the C-1 central business district, a five foot (5') landscaped divider strip shall be placed between all parking areas and sidewalks.

      2.   Within or adjacent to a residential district, all open off street parking areas for six (6) or more cars shall be effectively screened by a wall, a solid fence, or a densely planted compact hedge along any side which is adjacent to property in residential use unless that use is across a public street or alley from such parking area.

      3.   All service entrances, dumpsters, air conditioning units, and any storage items shall be located at the rear of buildings and screened from view.

   E.   Entrances: The main entrance to all buildings shall face the main street, with secondary entrance(s) as necessary from off street parking facilities.

   F.   Fencing:

      1.   Low wrought iron fencing and/or masonry walls are recommended surrounding outdoor dining/display areas and parking lots and should be utilized in conjunction with landscaping.

      2.   Wood fencing may be used to hide service entrances, dumpsters, air conditioning units, and any storage items. The wood fencing should be solid and either painted or stained.

      3.   Chainlink fencing shall not be used within the C-1 central business district.

   G.   Outdoor Storage And Enclosure Requirements: Outdoor storage of items not intended for direct sale to the public shall not be permitted. All other business, servicing, and processing, except for off street parking and loading and drive-through facilities, shall be conducted within completely enclosed buildings. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The purpose of the C-2 general commercial district is to provide for a wide range of retail facilities and services of such a nature as to be fully compatible in the proximity they must enjoy in the local business area or in neighborhood shopping areas. The C-2 general commercial district is intended to provide for a higher volume and higher intensity commercial uses than the C-1 central business district. It is also intended that the C-2 general commercial district be located only along collectors and arterials in order to ensure that the traffic generated by such uses does not adversely impact nearby residential neighborhoods. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Any use permitted in a residential district or the C-1 central business district; except, that residential uses may be located only on the second or higher floor.

Accessory uses or buildings incidental to the permitted uses.

Automated teller machines (ATMs).

Automobile parts and accessory stores.

Business and advertising signs, real estate signs, and public building signs or bulletin boards pertaining to the use of the property on which the sign is located. The signs shall conform to chapter 15 of this title.

Farm equipment sales and service.

Funeral homes and mortuaries.

Greenhouses, nurseries, garden supplies, and seed stores.

Major retail outlets: furniture, department, clothing, dry goods, shoe and variety stores; hardware, electric appliance, paint and wallpaper stores.

Marinas.

Radio, television, and recording studios.

Recreation centers, health clubs, athletic clubs, and fitness centers not exceeding a floor area of ten thousand (10,000) square feet.

Restaurants with seating for seventy five (75) persons or less.

Self-Service Ice/Water Vending Machines if located on the same lot as an existing commercial business provided under common ownership or a written lease with the owner(s) of the lot.

Theaters and indoor auditoriums.

(Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2025-08, 5-1-2025)

Animal Experience Attractions, provided the animals used within the exhibit are those that are domesticated and/or common farm animals and does not include exotic animals

Any permitted use or special use permitted in a residential district or the C-1 central business district.

Business and professional offices requiring a drive-through facility.

Car wash establishments; provided, that no more than four (4) cars may be washed at the same time.

Convenience retail stores, pharmacies, drugstores, liquor stores, meat markets, bakeries, delicatessens, and grocery stores with a floor area of greater than three thousand (3,000) square feet or containing gas stations on the premises.

Gas stations, but not including automobile vehicle repair.

Lodging and institutional: lodging houses, clubs, lodges, hospitals, and institutions.

Parking lots as a principal use.

Recreation uses: places of amusement and assembly and commercial recreation.

Restaurants with seating for more than seventy five (75) persons.

Self-Service Ice/Water Vending Machines, if located on a lot without an existing operating commercial business.

Service uses: laundromats, dry cleaning and laundry pick up stations, barbershops and beauty shops, dressmaking and millinery shops, shoe repair and tailor shops, indoor storage and transfer establishments, repair shops for appliances and small articles, print, furnace, heating, typewriter, sheet metal, plumbing, and fire shops employing not more than five (5) persons.

Sluice box/gem cleaning station.

Tattoo and piercing parlor.

(Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2009-20, 7-8-2009; Ord. 2021-24, 7-8-2021; Ord. 2022-08, 3-10-2022; Ord. 2025-08, 5-1-2025)

   A.   Accessory uses shall be operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use or structure.

   B.   No accessory building shall exceed fifteen feet (15') in height, shall not occupy more than twenty percent (20%) of the rear and side yard areas, and shall not be closer than five feet (5') to any lot line.

   C.   Outdoor display of items intended for direct sale to the public shall be permitted as an accessory use only. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Maximum Building Height: No building shall exceed two and one- half (21/2) stories or thirty five feet (35') in height.

   B.   Minimum Lot Size: Ten thousand (10,000) square feet.

   C.   Minimum Lot Width: Seventy five feet (75').

   D.   Minimum Floor Area: One thousand (1,000) square feet.

   E.   Maximum Impervious Coverage: There is no maximum impervious coverage for buildings less than two (2) acres in size. For buildings two (2) acres in size or greater, no more than seventy percent (70%) of the lot shall be covered by impervious materials, except for planned unit developments (chapter 11 of this title).

   F.   Setbacks:

      1.   Minimum front yard setback: Twenty five feet (25').

      2.   Maximum front yard setback: Fifty feet (50').

      3.   Minimum side yard setback: At least ten feet (10') from the property line. A building that abuts a residential district shall have a side yard setback of a minimum of twenty feet (20').

      4.   Minimum rear yard setback: At least ten feet (10') from the property line. A building that abuts a residential district shall have a rear yard setback of a minimum of twenty feet (20').

      5.   Minimum corner lot setback: Twenty five feet (25') from all public streets and thoroughfares. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Off Street Parking And Loading: There shall be provided in the C-2 general commercial district adequate off street parking and loading in accordance with the schedule in chapter 14 of this title.

   B.   Mobility Impaired Accessible Parking: All developments that serve the public shall allocate parking spaces that are accessible to people with disabilities. Accessible parking shall be provided for any building or use initiated after the effective date hereof.

   C.   Lighting: The level of illumination at any point in the parking lot shall not be more than one foot-candle, measured at the pavement. Any lighting used to illuminate an off street parking area shall be so arranged as to reflect the light away from adjoining property. Lighting should only be used to illuminate entries, signage, pedestrian areas, or historical areas.

   D.   Landscaping And Screening:

      1.   Within the C-2 general commercial district, a five foot (5') landscaped divider strip shall be placed between all parking areas and sidewalks.

      2.   Within or adjacent to a residential district, all open off street parking areas for six (6) or more cars shall be effectively screened by a wall, a solid fence, or a densely planted compact hedge along any side which is adjacent to property in residential use unless that use is across a public street or alley from such parking area.

      3.   All service entrances, dumpsters, air conditioning units, and any storage items shall be located at the rear of buildings and screened from view.

   E.   Fencing: Wood fencing may be used to hide service entrances, dumpsters, air conditioning units, and any storage items. The wood fencing should be solid and either painted or stained. Chainlink fencing shall not be used within the C-2 general commercial district. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The purpose of the C-3 highway commercial district is to provide for those retail and service businesses that serve a trade area more distant than the adjacent properties or neighborhoods, and that depend primarily on highway travel and those highway service uses that provide vehicle service, food, and lodging for the highway travelers. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Any use permitted in the commercial districts; except, that permitted residential uses shall be limited to owner occupancy in combination commercial/residential structures and only on the second floor or in the rear of the building, and signs shall be permitted only in accordance with the specifications of this section.

Accessory uses or buildings.

Business and advertising signs, real estate signs, and public building signs or bulletin boards pertaining to the use of the property on which the sign is located. The signs shall conform to chapter 15 of this title.

Restaurants with seating for one hundred twenty five (125) persons or less.

Self-Service Ice/Water Vending Machines if located on the same lot as an existing commercial business provided under common ownership or a written lease with the owner(s) of the lot.

Trades or equipment: electrical, masonry, sheet metal, plumbing, air conditioning, and heating shops.

Vehicle drive-in and vehicle service and sales: drive-in theaters, refreshments stands, garages, and filling stations, provided all pumps are located fifteen feet (15') from the street right of way and lot lines; underground bulk storage of petroleum products provided in connection with service station usage; new and used car sales and storage, not including outdoor, unfenced storage (nor junk, waste products, salvage or wrecked automobiles).

(Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2025-08, 5-1-2025)

   A.   The following Special Uses may be granted in the C-3 Highway Commercial District only at locations that are North of U.S. Route 6. No Special Uses shall be considered for locations South of U.S. Route 6:

Adult-Use Cannabis Dispensing Organization. Subject to the Adult-Use Cannabis provisions set forth in Section 10-4-7 of this Code.

Adult-Use Cannabis Infuser Organization. Subject to the Adult-Use Cannabis provisions set forth in Section 10-4-7 of this Code.

Adult-Use Cannabis Processing Organization. Subject to the Adult-Use Cannabis provisions set forth in Section 10-4-7 of this Code.

Adult-Use Cannabis Transporting Organization. Subject to the Adult-Use Cannabis provisions set forth in Section 10-4-7 of this Code.

Adult-Use Cannabis Craft Grower Organization. Subject to the Adult-Use Cannabis provisions set forth in Section 10-4-7 of this Code.

Adult-Use Cannabis Cultivation Organization. Subject to the Adult-Use Cannabis provisions set forth in Section 10-4-7 of this Code.

Family entertainment and/or amusement centers.

Hotels and motels.

Operation of a craft distillery.

Restaurants with seating for more than one hundred twenty five (125) persons.

Retail businesses engaged in the sale of products containing Cannabidiol (“CBD”) and/or Tetrahydrocannabinol (“THC”) at levels that are not regulated by the State of Illinois.

Self-Service Ice/Water Vending Machines, if located on a lot without an existing operating commercial business.

Tattoo and piercing parlor.

(Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2006-79, 12-13-2006; Ord. 2016-17, 8-17-2016; Ord. 2021-32, 9-30-2021; Ord. 2021-36, 11-10-2021; Ord. 2022-08, 3-10-2022; amd. Ord. 2025-08, 5-1-2025)

   A.   Accessory uses shall be operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use or structure.

   B.   No accessory building shall exceed fifteen feet (15') in height, shall not occupy more than twenty percent (20%) of the rear and side yard areas, and shall not be closer than five feet (5') to any lot line.

   C.   Outdoor display of items intended for direct sale to the public shall be permitted as an accessory use only. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Maximum Building Height: No building shall exceed two and one- half (21/2) stories or thirty five feet (35') in height.

   B.   Minimum Lot Size: One-half (1/2) acre.

   C.   Minimum Lot Width: One hundred feet (100').

   D.   Minimum Floor Area: Five thousand (5,000) square feet.

   E.   Maximum Impervious Coverage: No more than seventy percent (70%) of the lot shall be covered by impervious materials, except for planned unit developments (chapter 11 of this title).

   F.   Setbacks:

      1.   Minimum front yard setback: Forty feet (40').

      2.   Maximum front yard setback: Seventy five feet (75').

      3.   Minimum side yard setback: At least ten feet (10') from the property line. A building that abuts a residential district shall have a side yard setback of a minimum of twenty feet (20').

      4.   Minimum rear setback: At least ten feet (10') from the property line. A building that abuts a residential district shall have a rear yard setback of a minimum of twenty feet (20').

      5.   Minimum corner lot setback: Forty feet (40') from any public street or thoroughfare. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Off Street Parking And Loading: There shall be provided in the C-3 highway commercial district adequate off street parking and loading in accordance with the schedule in chapter 14 of this title.

   B.   Mobility Impaired Accessible Parking: All developments that serve the public shall allocate parking spaces that are accessible to people with disabilities. Accessible parking shall be provided for any building or use initiated after the effective date hereof. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   C.   Lighting: The level of illumination at any point in the parking lot shall not be more than one foot-candle, measured at the pavement. Any lighting used to illuminate an off street parking area shall be so arranged as to reflect the light away from adjoining property. Lighting should only be used to illuminate entries, signage, parking, pedestrian areas, or historical areas. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   D.   Landscaping And Screening:

      1.   Within the C-3 highway commercial district, a five foot (5') landscaped divider strip shall be placed between all parking areas and sidewalks.

      2.   Within or adjacent to a residential district, all open off street parking areas for six (6) or more cars shall be effectively screened by a wall, a solid fence, or a densely planted compact hedge along any side which is adjacent to property in residential use unless that use is across a public street or alley from such parking.

      3.   All service entrances, dumpsters, air conditioning units, and any storage items shall be located at the rear of buildings and screened from view.

   E.   Fencing: Wood fencing may be used to hide service entrances, dumpsters, air conditioning units, and any storage items. The wood fencing should be solid and either painted or stained. Chainlink fencing shall not be used within the C-3 highway commercial district. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)