Residential property immediately contiguous to existing commercial zoning or commercial zoning created by ordinance may be rezoned in the appropriate zoning classification when extension of the commercial use is contemplated, provided that the criteria set forth in subsection 2-1-8-2D of this code shall be used in analyzing each request for the aforementioned rezoning, and further provided:

   A.   That the commercial use requesting zoning in depth needs the additional zoning in order to meet the parking, loading and yard requirements of this title.

   B.   That the residential property proposed for rezoning extends no deeper than two (2) residential lots, not to exceed a combined total of one hundred feet (100') from the lot line of the commercial use or from an alley contiguous to the commercial use.

   C.   That the commercial use creates a landscaped area, fenced or hedged, or not less than five feet (5') immediately adjacent to all residential property or to an alley which serves residential property. Such landscaped buffer zone shall not be used for parking, storage of containers, or any use accessory to the commercial use but shall be maintained as a green strip buffer for the protection of the residential property.

   D.   The land so affected may be designated PK parking to distinguish its use, in which case the provisions of chapter 10 of this title, shall be followed. Any land permitted to be used for parking under this section shall meet provisions of chapter 10 of this title.

In regard to the zoning of payday loan stores, the president and board of trustees find as follows:

   A.   The village has a substantial governmental interest in protecting the village residents and persons who work in and visit the village from the negative impacts of payday loan stores.

   B.   In various portions of the village, the rapid growth of payday loan stores is especially harmful to individuals struggling to join the work force and better their economic position.

   C.   Payday loan stores attract criminal activity in the neighborhoods where they are located because they are well advertised quick sources of cash.

   D.   Payday loan stores are best located in high commercial traffic areas, such as the C-3 regional shopping district, where an individual is less likely to be the subject of a crime because of the large number of people (potential witnesses) present.

   E.   While it is vital that state legislation be enacted to outlaw payday loan store lending abuses, it is also essential for the village to regulate the location of payday loan stores in order to protect public health, safety, and welfare that is placed at risk by the continuing proliferation of payday loan stores.

Based on the foregoing, payday loan stores are only appropriate as permitted uses in the C-3 regional shopping district. (Ords. 75-10-55, 86-9-27, 00-5-12)

The C-1 general business district area is designed primarily for the retail shopping activities of persons residing in the trading area and to permit such service and retail uses as shall be compatible with each other as distinguished from nonretail activities which are not conducive to enhancing a retail shopping area.

Bakeries where all goods are sold on the premises at retail.

Banks, currency exchanges, savings and loan associations and finance companies (but not payday loan stores). Drive-up windows and freestanding ATMs shall be permitted only as an accessory use when they are auxiliary to the indoor banking or financial operations and physically integrated with the principal building. No freestanding ATMs shall be located within any setback or existing parking spaces.

Barbershops and beauty parlors.

Book and stationery stores.

Churches and uses incidental thereto, including rectories and parish houses.

Cleaning establishments where work is done elsewhere (pick up stations only).

Convents, monasteries and seminaries.

Department stores.

Dress and millinery shops employing not more than five (5) persons engaged in the making of dresses or hats.

Drugstores.

Electric appliance shops employing not more than five (5) persons engaged in repairing.

Florist shops.

Furniture stores.

General retail stores.

Grocery and fruit stores.

Hand laundries employing not more than five (5) persons.

Hardware stores.

Junior colleges, community colleges, colleges and universities, and uses accessory and incidental thereto.

Launderettes (self-service laundries).

Meat markets where no stripping or slaughtering is involved.

Medical office/clinic; except when a medical office/clinic or a portion of a premises to be occupied by a medical office/clinic is in excess of four thousand (4,000) gross square feet and the location of the proposed medical office/clinic is on 95th Street or Cicero Avenue then a special use permit is required.

Offices; except, that medical, dental or healthcare offices must meet the parking requirements of subsection 4-13-4G of this title.

Parking in conjunction with the uses established in the district and subject to chapter 13 of this title.

Pet shops with no permanent boarding of animals.

Photographic studios.

Public parking lots or garages for the temporary parking of vehicles, but not including repair service.

Radio, television sales and service and radio and TV studios if an accessory operation.

Restaurants (banquet hall, carryout and full service).

Retail jewelry stores.

Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

Self-service dry cleaning establishments.

Shoe repair shops.

Signs, subject to provisions of the sign regulations.

Tailor shops employing not more than five (5) persons engaged in making clothes.

Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot.

All business or service of aforesaid stores, shops and businesses shall be conducted wholly within a completely enclosed building, except for automobile parking and off street loading areas.

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section shall be limited to one vehicle per permitted use of not more than one and one-half (11/2) tons' capacity. If the vehicles are housed in a wholly enclosed garage, the number of such vehicles may be increased to four (4) provided there is no violation of setback in area regulation provisions.

Transportation shelters by approval only (see section 4-2-4-4 of this title).

Provided they are located above the main floor and above a business use permitted in this district, the following uses are permitted:

Apartments by special use only.

Business, music, dance, beauty or commercial schools, excluding trade schools.

Lodge rooms and halls.

Offices.

Radio and TV studios. (Ord. 20-13-32)

   A.   Building Height: No building shall be erected or enlarged to exceed a height of three (3) stories nor shall it exceed forty five feet (45') in height, except as otherwise provided in section 4-2-8 of this title.

   B.   Yards: No building or structure, nor the enlargement of any building or structure, shall be hereafter erected or maintained unless the following yards and lot areas, including adequate off street parking facilities as defined in chapter 13 of this title, are provided and maintained in connection with such building, structure or enlargement:

      1.   Front Yard: All new structures permitted in this district shall be set back from all street lot lines a distance of five feet (5').

      2.   Side Yard: Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two (2) or more streets, and where a residence district or residence lot adjoins the rear of said lot, the side yard on the side of the lot adjacent to the street shall not be less than ten feet (10') in width; except, that the building width of the lot shall not be reduced to less than twenty feet (20'). In all other cases, a side yard is not required except on the side of a lot adjoining a residence district or a residence lot, in which case there shall be a side yard of not less than five feet (5').

      3.   Rear Yard:

         a.   Where the rear lot line abuts a public alley adjacent to a residential area, no rear lot is required if adequate and usable loading and unloading and refuse disposal facilities are provided elsewhere. Where adequate loading and unloading and refuse disposal facilities are not otherwise provided, there shall be a rear yard having a depth of not less than ten feet (10').

         b.   Where no public alley exists, there shall be a rear yard of the same depth as that required for either the rear or side yard, whichever is lesser, in the adjacent residential lot; however, in no case shall the rear yard be less than ten feet (10').

         c.   Where a lot in this district abuts a lot in the nonresidential district, there shall be a rear yard of not less than five feet (5').

Buildings, premises and uses permitted in this district are subject to the applicable performance standards listed in section 4-8-8 of this title. (Ords. 75-10-55, 77-8-7, 77-29-48, 81-17-29, 87-17-70, 93-23-107, 00-5-12, 08-21-66, 12-05-17, 14-23-49, 15-16-63)

The C-2 general service district is designed primarily to permit secondary retail, administrative, wholesale and other related activities. All of the following restrictions are imposed to protect and foster the character of the village.

All buildings, structures and uses in the C-2 general service district shall comply with the following regulations:

   A.   Operations Within Enclosed Building: All operations and activities shall be conducted or maintained wholly inside enclosed buildings, except for automobile parking, off street loading areas, and sale of automobile fuel and lubricants. Outdoor storage of material and motor vehicles is permitted; provided, that any areas so utilized shall be effectively screened, the year around, to a height necessary but not less than four feet (4').

   B.   Exterior Lighting: Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residence lot or into public streets, parks or schools.

   C.   Processing Raw Materials Restricted: No raw materials shall be processed into any of the following basic products: metals of any kind, gases, plastics, textiles, paper and leather.

   D.   Grounds: All premises shall be furnished with all weather surface walks, and, except for parking areas, ground shall be planted and landscaped.

   E.   Automobile Service Stations: Overnight storage of vehicles in automobile service stations shall be limited to the number which can be accommodated inside the building except that additional outside parking of vehicles may be permitted if the vehicles are to be repaired during the next working day.

A building or premises shall be used only for the following purposes:

Any use permitted in the C-1 general business district regulations.

Amusements.

Apartments by special use only.

Automobile repair shops, exclusive of automobile collision repair services and automobile painting businesses as referenced in section 4-8-3 of this title.

Automobile service stations for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto. Facilities for chassis and gear lubrication and for washing of not more than four (4) vehicles are permitted only if enclosed in a building.

Automotive vehicle rental/leasing.

Bicycle shops.

Bowling alleys.

Business and commercial offices and music and dance studios.

Business, music, dance, beauty or commercial schools, excluding trade schools.

Catering services.

Cleaning establishments employing not more than ten (10) persons.

Conservatories and greenhouses.

Delicatessens, providing there is no consumption of food on the premises or on the property.

Dyeing establishments employing not more than ten (10) persons.

Employment agencies.

Health clubs.

Hospitals and clinics for animals, but without open kennels and runways.

Hotels and motels.

Laboratories.

Laundries employing not more than ten (10) persons.

Locksmith shops.

Lodge halls.

Medical office/clinic; except when a medical office/clinic or a portion of a premises to be occupied by a medical office/clinic is in excess of four thousand (4,000) gross square feet and the location of the proposed medical office/clinic is on 95th Street or Cicero Avenue then a special use permit is required.

Messenger and telegraph service stations.

Nursing and convalescent homes.

Offices; except, that medical, dental or other healthcare offices must meet the parking requirements of subsection 4-13-4G of this title.

Parking in conjunction with the uses established in this district and subject to chapter 13 of this title.

Printing shops.

Public garages for temporary storage of vehicles but not including repair.

Radio and television studios.

Roofing, plastering, carpentry, plumbing and electric shops (no outside storage).

Sales and show rooms, providing all operations and activities shall be conducted or maintained inside wholly enclosed buildings except that area for outdoor display of new and used merchandise shall be restricted to a maximum of two (2) square feet of outdoor space for each one square foot of sales area within the building on the same site. Parking requirements shall be deducted before computations are made by the above formula.

Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

Sharpening and grinding shops.

Signs.

Taverns and cocktail lounges. (See subsection 2-2-2G of this code.) Petition required of twenty five dollars ($25.00).

Tire and battery shops.

Transportation shelters by approval only (see section 4-2-4-4 of this title).

Undertaking establishments.

   A.   Building Height: No building shall be erected nor shall any existing structure be enlarged or altered so as to exceed forty five feet (45') in height or a maximum of three (3) stories, except as provided in section 4-2-8 of this title.

   B.   Yards: No building shall be erected nor shall any existing structure be enlarged or altered unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement:

      1.   Front Yard: All new structures permitted in this district shall be set back from all street lot lines a distance of five feet (5').

      2.   Side Yard: Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two (2) or more streets, and where a residence district or residence lot adjoins the rear of said lot, the side yard on the side of the lot adjacent to the street shall not be less than ten feet (10') in width; except, that the building width of the lot shall not be reduced to less than twenty feet (20'). In all other cases, a side yard is not required except on the side of a lot adjoining a residence district or a residence lot, in which case there shall be a side yard of not less than five feet (5').

      3.   Rear Yard:

         a.   Where a rear lot line abuts a public alley adjacent to a residential area, no rear yard is required if adequate and usable loading and unloading and refuse disposal facilities are provided elsewhere. Where adequate loading and unloading and refuse disposal facilities are not otherwise provided, there shall be a rear yard having a depth of not less than ten feet (10').

         b.   Where no public alley exists, there shall be a rear yard of the same depth as that required for either the rear or side yard whichever is lesser in the adjacent residential lot, however, in no case shall the rear yard be less than ten feet (10').

         c.   Where a lot in this district abuts a lot in a nonresidential district, there shall be a rear yard of not less than five feet (5').

Buildings, premises and uses permitted in this district are subject to all performance standards listed in chapter 8 of this title. (Ords. 75-10-55, 77-8-7, 77-29-48, 81-17-29, 87-17-70, 93-24-107, 01-19-69, 15-16-63)

A regional shopping district is designed primarily to embrace comprehensive shopping centers where all phases of retail business operations are carried on as one unit or a series of units. In light of the foregoing, no less than seventy five percent (75%) of the total square footage of the building(s) located on a parcel zoned C-3 regional shopping district shall be devoted to retail business uses, as opposed to service business or other uses.

A building or premises within the C-3 district shall be used only for the following purposes:

   A.   Uses Permitted:

      Any use permitted in the C-1 general business district or C-2 general service district, except residential uses.

      Bus depots and cab stands.

      Churches and uses incidental thereto, including rectories and parish houses.

      Convents, monasteries and seminaries.

      Drive-in restaurants, fast food or cafeteria style restaurants.

      First aid stations for the treatment of emergency cases.

      Junior colleges, community colleges, colleges and universities, and uses accessory and incidental thereto.

      Outdoor amusements; provided, however, that the total ground area occupied by such outdoor amusement uses shall not exceed five percent (5%) of the total C-3 regional shopping district area.

      Payday loan stores.

      Residential uses.

      Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

   B.   Accessory Buildings And Uses:

      1.   Building Setback: No building or structure shall be erected or maintained within twenty five feet (25') of any residential district boundary line or within twenty five feet (25') of any dedicated public right of way. The first ten feet (10') of such required setback shall be landscaped as a minimum according to a plan approved by the Zoning and Planning Commission. The remaining fifteen feet (15') of the setback may be used for access drives but shall not be used for the parking of customer vehicles or for loading dock facilities. If the fifteen feet (15') is not used as an access drive, then the fifteen feet (15') shall be landscaped.

      2.   Accessory uses shall include signs and nameplates, but the size and location of any signs shall conform to the following requirements:

         a.   There may be a total of not more than two (2) freestanding ground signs, providing none of such signs shall exceed a total of one thousand (1,000) square feet of total face area on all faces and all signs shall be limited to advertising the shopping district, its merchandise or services. No sign shall exceed forty five feet (45') in height above grade.

         b.   Signs may be attached to one or more facades or to the roof of any building providing they conform to the following requirements:

            (1)   They shall not project more than twenty four inches (24") from any facade.

            (2)   The total area of signs attached to a facade or roof of a building shall not exceed two percent (2%) of the gross floor area including basements of the building to which such sign is attached, but in no event shall the total area of any single sign exceed two thousand (2,000) square feet for combined faces, but it need not contain less than fifty (50) square feet.

   C.   Open Areas; Merchandise Storage And Sale: No merchandise, material or equipment shall be stored in any open areas, but may be kept and displayed in an open area for immediate sale or temporary display not to exceed three (3) days in any one month. However, garden merchandise of a seasonal nature may be sold from an open area providing no required parking spaces are used.

   D.   Parking: Parking subject to chapter 13 of this title, except where specifically covered herein.

   E.   Signs: Signs subject to village ordinance, except where specifically covered herein 1 .

   F.   Transportation Shelters: Transportation shelters by approval only (see section 4-2-4-4 of this title).

   A.   Building Height: No building or other structure shall exceed three (3) stories in height nor exceed forty five feet (45') in height; provided, that an exception may be made for elevator penthouses, water towers and decorative building projections; and further provided, that a single structure having a maximum area on any one floor above the third story not exceeding ten thousand (10,000) square feet and which is located not less than two hundred fifty feet (250') from each boundary of the district may be erected to a height of not more than ten (10) stories, or one hundred fifty feet (150').

   B.   Setback And Landscaping:

      1.   Building Setback: No building or structure shall be erected or maintained within twenty five feet (25') of any residential district boundary line or within twenty five feet (25') of any dedicated public right of way. The first ten feet (10') of such required setback shall be landscaped as a minimum according to a plan approved by the planning and development commission. The remaining fifteen feet (15') of the setback may be used for access drives but shall not be used for the parking of customer vehicles or for loading dock facilities. If the fifteen feet (15') is not used as an access drive, then the fifteen feet (15') shall be landscaped.

      2.   Buffer Strip To Residential: A buffer strip not less than twenty five feet (25') wide shall be provided along any residential boundary line abutting or adjoining any boundary line of the regional shopping district. Such buffer strip shall be sodded, planted and shrubbed in such a manner as to form a green area and a permanent screen not less than six feet (6') in height.

   A.   Where the C-3 regional shopping district contains a gross area of ten (10) acres or less, the area for vehicular parking shall be not less than three and one-half (31/2) times the gross floor area of all structures erected on land used for the purpose permitted herein.

Where a portion of the gross floor area of any structure erected is used for a business, music, dance, beauty or commercial school, the amount of said gross floor area devoted to said school use(s) shall not be included in the gross floor area of all structures erected on the land for the purposes of making the parking area calculation provided for in this subsection. Instead, the parking requirements for said school use(s) shall be calculated as provided for in subsection 4-13-4E of this title, and shall be in addition to the parking area calculation, based on gross floor area, provided for in this subsection.

When a parcel of property is developed independently of the rest of the C-3 shopping center and is, in fact, a fractional portion of the entire C-3 district and such fractional parcel is less than five (5) net acres in area, then the parking requirements for the specific use or uses contained therein shall be the same as the parking requirements contained in chapter 13 of this title for the individual use or uses.

Where a portion of the gross floor area of any structure erected is used for a telemarketing or mass mailing business, the amount of said gross floor area devoted to said business use(s) shall not be included in the gross floor area of all structures erected on the land for the purposes of making the parking area calculation provided for in this subsection. Instead, the parking requirements for said business use(s) shall be calculated as provided for in subsection 4-13-4I of this title, and shall be in addition to the parking area calculation, based on gross floor area, provided for in this subsection.

   B.   Where the C-3 regional shopping district contains a gross area of more than ten (10) acres, the area for vehicular parking shall be not less than three (3) times the gross floor area of all of the structures erected on land used for the purposes permitted herein.

Where a portion of the gross floor area of any structure erected is used for a business, music, dance, beauty or commercial school, the amount of said gross floor area devoted to said school use(s) shall not be included in the gross floor area of all structures erected on the land for the purposes of making the parking area calculation provided for in this subsection. Instead, the parking requirements for said school use(s) shall be calculated as provided for in subsection 4-13-4E of this title, and shall be in addition to the parking area calculation, based on gross floor area, provided for in this subsection.

Where a portion of the gross floor area of any structure erected is used for a telemarketing or mass mailing business, the amount of said gross floor area devoted to said business use(s) shall not be included in the gross floor area of all structures erected on the land for the purposes of making the parking area calculation provided for in this subsection. Instead, the parking requirements for said business use(s) shall be calculated as provided for in subsection 4-13-4I of this title, and shall be in addition to the parking area calculation, based on gross floor area, provided for in this subsection.

   C.   When the existing C-3 regional shopping district does not meet the present parking requirements, there shall not be a change of use within any of the buildings that currently exist that would include the following uses, unless all present parking is increased to accommodate the increased number of car stalls which would result from such a change in use:

      Amusements.

      Banquet halls.

      Bowling alleys.

      Business, music, dance, beauty or commercial schools.

      Car wash.

      Dance studios.

      Gasoline and oil stations.

      Hotels and motels.

      Lodge and meeting halls.

      Radio and television studios.

      Restaurants.

      Taverns and cocktail lounges.

   D.   In addition to the parking requirements as set forth herein, drive-in restaurants shall provide additional parking spaces equal in number to fifty percent (50%) of the capacity in persons of any indoor eating facilities.

   A.   Tentative Site Plan: A tentative site plan indicating the areas to be developed for buildings, the anticipated total gross floor space, the areas to be developed for parking, the points of ingress and egress, including access streets where required, and such surveys prepared by qualified experts as may be required in setting forth and analyzing the effects of the proposed regional shopping district upon the village shall be submitted to the village manager as a preliminary to any development of the site.

   B.   Multiple Ownership: Where contiguous land zoned for C-3 purposes is not under one ownership and when owners of individual pieces from such contiguous zoning wish to develop their land, notice must be given by the owners to the Zoning and Planning Commission with complete preliminary plans for the improvements they intend to make, along with such data as the Zoning and Planning Commission shall require to decide whether such development is satisfactory to the future use of the remaining area so zoned.

   C.   Tentative Development Plan: A tentative site and development plan for the entire C-3 zoned property to be developed, or

any fraction thereof, shall be submitted to the Zoning and Planning Commission. Acceptance of the site layout and development plan for all or any portion of the C-3 zoned shopping center district must be approved by the Zoning and Planning Commission and by the board of trustees of the village prior to any construction taking place.

   D.   Encouragement Of Innovation: Nothing in this section is intended to discourage or prohibit innovative ideas. The Zoning and Planning Commission shall entertain projects which may contain other similar commercial retail and service uses and residence uses which will be compatible for the purposes of developing and maintaining a successful commercial, and environmentally pleasing atmosphere. The Zoning and Planning Commission shall also entertain uses which, because of rapid technological changes and business innovations do not presently exist or are not currently being listed in normal zoning use groups.

   A.   No land may be zoned to C-3 unless it has a minimum of ten (10) acres of land under one ownership.

   B.   Land which is zoned to C-3, subsequent to the effective date hereof, must be developed as a unit and may not be subdivided. (Ords. 75-10-55, 77-8-7, 77-29-48, 81-17-29, 81-36-77, 87-7-26, 87-17-70, 92-11-45, 93-9-24, 93-24-107, 95-17-59, 00-5-12, 00-18-49, 00-20-62, 08-21-66, 19-16-66)