The business districts set forth herein are established to protect public health, to promote public safety, comfort, convenience, and the general welfare, and to protect the economic base of the village and the value of property. These general purposes include, among others, the following specific objectives:

   (A)   To promote the most desirable use of land in accordance with a well-considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the village.

   (B)   To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.

   (C)   To permit selected business uses in districts where adjacency to or inclusion in a residential area has sufficient elements of service or convenience to such areas to offset the disadvantage.

   (D)   To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion.

   (E)   To promote the establishment of off-street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.

(Ord. 77-03, passed 1-19-77)

   The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations in the B-1 Business District, Limited Retail.

   (A)   Permitted uses. No building or land shall be used and no building shall be erected, structurally altered, or enlarged unless otherwise provided in this chapter except for the following uses:

      (1)   Retail and service uses, as follows:

         Art and school supply stores.

         Art galleries and studios.

         Auction rooms.

         Barber shops.

         Beauty shops.

         Book or stationery stores.

         Camera and photographic supply stores.

         Carpet, rug, and linoleum stores.

         China and glassware stores.

         Coin and philatelic stores.

         Currency exchanges.

         Custom dressmaking and millinery shops.

         Department stores.

         Drug stores.

         Dry-cleaning and laundry-receiving stations - processing to be done elsewhere.

         Dry goods or notion stores.

         Electrical and household appliance stores, including radio and television sales.

         Florist shops and conservatories.

         Food stores: grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens, and frozen food stores including locker rental in conjunction therewith.

         Furrier shops, including the incidental storage and conditioning of furs.

         Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

         Garden supply and seed stores.

         Gift shops.

         Haberdasheries.

         Hardware stores.

         Hobby shops, for retail of items to be assembled or used away from the premises.

         Interior decorating shops, including upholstering and marketing of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the principal use.

         Jewelry stores, including watch repairs.

         Leather goods and luggage stores.

         Liquor stores, package goods only.

         Locksmith shops.

         Musical instrument stores, including minor repair.

         Office supply stores.

         Optician shops.

         Paint and wallpaper stores.

         Restaurants, tea rooms, outdoor sidewalk cafes, and outdoor garden cafes conducted accessory to indoor establishments; and drive-in facilities for window service prepared and packaged food shall be permitted where said foods are not consumed on the premises. (Drive-in restaurants or food stands catering to customers with facilities for parking on the premises for consumption of food in autos shall not be permitted).

         Sewing machine stores, household machines only.

         Shoe and hat repair stores.

         Shoe stores.

         Sporting goods stores.

         Taverns.

         Telegraph offices.

         Tobacco shops.

         Toy stores.

         Wearing apparel shops.

         Variety stores.

      (2)   Miscellaneous uses, as follows: Signs, as classified and regulated by Chapter 155.

      (3)   Residential uses, as follows: Dwelling units, if business uses, or premises designed for such uses, occupy the ground floor.

      (4)   Uses incidental to principal permitted uses, as follows:

         (a)   Accessory uses.

         (b)   Home occupations.

         (c)   Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

      (5)   Any other similar type retail store, as identified by the village not specifically permitted herein, but which has economic compatibility with the established uses on adjoining premises.

   (B)   Conditions of use. All uses permitted in this district (except residential district uses) shall be retail establishments dealing directly with consumers and shall be subject to the following conditions.

      (1)   Dwelling units are not permitted below the second floor.

      (2)   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.

      (3)   Not more than three persons (exclusive of manager, clerks, and drivers) shall be engaged in said manufacture, processing, or treatment of products.

      (4)   Such uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise, vibration, glare, or other similar causes.

      (5)   Any exterior sign displayed shall pertain only to a use conducted within the building.

   (C)   Automobile parking and loading facilities. Automobile parking and loading facilities shall be provided as required or permitted in §§ 159.135 through 159.147.

   (D)   Minimum lot sizes. Every zoning lot for a building hereafter erected or enlarged shall comply with the lot size requirements of the R-1 District. Buildings containing mixed residential and business uses shall be located on a lot having an additional area of not less than 2,000 square feet per dwelling unit.

   (E)   Maximum floor area ratio. The maximum floor area ratio of buildings and structures on a zoning lot shall be as follows: In a B-1 District the floor area ratio shall not exceed 1.0.

   (F)   Front yard. Each lot upon which a building is constructed shall have a front yard not less than 25 feet. Where a B-1 District adjoins a major or minor arterial street the front yard shall not be less than 50 feet.

   (G)   Transitional yards. Where a B-1 District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

      (1)   In a B-1 District where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

      (2)   In a B-1 District where a rear lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth, and no storage of materials or equipment or the parking of automobiles shall take place within the 20 feet closest to any residential lot or lots. When such yard is paved the area shall be effectively screened by a wall, a solid fence, or a densely planted compact hedge. Such wall, fence, or hedge shall be at least five feet, but not more than eight feet in height and shall be maintained in good condition.

      (3)   Transitional yards shall be unobstructed from lowest level to sky except as allowed in §§ 159.003 through 159.012.

   (H)   Rear yard. In the B-1 Districts a rear yard shall be provided for residential uses located above the first floor, such yard to be not less than 30 feet in depth.

   (I)   Height regulations. No building shall exceed three stories or 35 feet in height, except as otherwise provided in §§ 159.003 through 159.012.

   (J)   Special uses. In the B-1 District, the following uses may be allowed as special uses, if the site location and proposed development plans are first approved as provided in §§ 159.105 through 159.109.

      (1)   Office, professional, and service provided retail uses occupy the ground floor.

      (2)   Planned developments.

      (3)   Schools; business, dance, music, or nursery.

(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999

   The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the district regulations in the B-2 Business District, General Retail and Service.

   (A)   Permitted uses.

      (1)   No building or land shall be used and no building shall be erected, structurally altered, or enlarged unless otherwise provided in this chapter, except for the following uses conducted in accordance with the conditions stipulated in division (C) of this section.

      Any use permitted in the B-1 Business District.

      Adult-use cannabis dispensing organizations.

      Amusement establishments: bowling alleys, pool halls, dance halls, skating rinks, and other similar places of recreation when conducted wholly within a completely enclosed building.

      Antique shops.

      Auditorium.

      Automobile repair (minor), when in conjunction with a new vehicle sales facility.

      Automobile service station.

      Bicycle stores, including rental and repair.

      Blueprinting and photostating establishments.

      Cannabis consumption lounges.

      Carpenter or cabinet shops (excluding furniture manufacturing).

      Caskets and casket supplies.

      Catering establishments.

      Clothing and costume rental shops.

      Dry-cleaning establishments when employing facilities for the cleaning and pressing of dry goods for retail trade only, conducted on the premises, and when using carbon tetrachloride, perchlorethylene, or other similar noninflammable solvents.

      Exterminating shops.

      Feed and seed stores.

      Frozen food locker, excluding wholesale storage.

      Hotel or motel.

      Laundries, automatic, self-service type, or hand, provided that laundry machines shall not exceed 25 pounds capacity each.

      Motor vehicle sales, new (new vehicle sales) including automobiles, vans, small trucks, together with their accessories, parts, and services.

      Motor vehicle sales, used (used vehicle sales) including automobiles, vans and small trucks when in conjunction with a new vehicle sales facility as permitted in this district.

      Newsstand.

      Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of §§ 159.135 through 159.147.

      Pet shops.

      Photographers, photograph developing, and processing shops.

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

      Plumbing showrooms.

      Printing, lithographing, or publishing establishments for letter press, business cards, mimeographing, and other similar custom services.

      Post office.

      Public service facilities, including electric distribution substations, fire or police stations, telephone exchange, and similar uses.

      Second-hand store if conducted wholly within a completely enclosed building.

      Tailor shop.

      Theatres, excluding drive-in theatres.

      Ticket agencies, amusement.

      Travel bureau and transportation ticket offices.

      Upholstering shop, if conducted wholly within a completely enclosed building.

      Wholesale merchandise broker, excluding wholesale storage.

      Any other similar type retail store or service establishment as identified by the village not specifically permitted herein but which has economic compatibility with the established uses on adjoining premises.

      (2)   All activities, except for automobile off-street parking facilities, as permitted or required in this B-2 District shall be conducted wholly within an enclosed building.

   (B)   Special uses.

      (1)   In the B-2 Districts the following uses may be allowed as special uses, if the site locations, and proposed development plans are first approved as provided in §§ 159.105 through 159.109:

      Agricultural implement sales and service, when conducted wholly within an enclosed building.

      Air conditioning and heating sales and service.

      Automobile repair and service shop, including automobile repair and rebuilding, auto laundries, and painting of automobiles.

      Beverages, nonalcoholic, bottling, and distributing.

      Building materials sales, when conducted wholly within a building.

      Cartage and express facilities.

      Clothing, custom manufacturing, and alterations for retail trade only.

      Contractor or construction shops, such as:

           Air Conditioning

           Building

           Cement

           Electrical

           Heating and Ventilating

               Masonry

           Painting

           Plumbing

           Refrigeration

           Roofing

      Dental clinics.

      Feed and seed store, wholesale.

      Garage, public for the storage of private passenger automobiles and commercial vehicles under 1-½ tons capacity.

      Glass cutting and glazing.

      Greenhouse, wholesale growers.

      House trailer sales (mobile homes).

      Household appliance repair shops.

      Laundries, limited to 6,250 square feet of gross floor area per establishment.

      Linen, towel, diaper, and other similar supply services, limited to 6,250 square feet of gross floor area per establishment.

      Machinery sales and service.

      Medical clinics.

      Monument sales.

      Motor vehicle sales, used car lots.

      Motorcycle sales, including servicing and repair.

      Planned development.

      Recreation places, including archery range, golf practice range, miniature golf course, or other similar places of amusement or entertainment when operated for pecuniary profit.

      Restaurants, drive-in type.

      Silver plating and repair shop.

      Tool, die, and pattern making.

      Used passenger automobile sales on an open lot or within a building.

      Wholesale offices and store rooms with storage limited to 6,250 square feet of floor area per establishment.

      (2)   The following special uses are not permitted below the second floor:

      Business college, or business school, operated as a business enterprise.

      Employment services.

      Music conservatory or music instruction.

      Private club or lodge.

   (C)   Conditions of use. All uses permitted in this district shall be retail establishments only and shall be subject to the following conditions.

      (1)   Dwelling units are not permitted below the second floor.

      (2)   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.

      (3)   Not more than five persons (exclusive of manager, clerk, and drivers) shall be engaged in said manufacture, processing, or treatment of products including catering, cleaning, laundering, plumbing, upholstering, and other similar permitted uses.

      (4)   Such uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise, vibrations, glare, or other similar causes.

      (5)   Site plan approval. A site plan prepared at a scale by a professional site planner, engineer, architect or landscape architect must be approved by the President and Board of Trustees after due consideration and recommendation by the Planning, Zoning and Development Commission. In reviewing said plan the Planning, Zoning and Development Commission shall consider:

         (a)   Impacts on surrounding properties;

         (b)   Ingress, egress, and traffic properties;

         (c)   Site engineering.

   The Planning, Zoning and Development Commission may recommend and the President and Board of Trustees may approve required conditions on the site plan relating to the use of the site outside of buildings, landscape amenities, special screening techniques, or other improvements to the site or adjoining public properties.

   (D)   Automobile parking and loading facilities. Automobile parking and loading facilities shall be provided as required or permitted in §§ 159.135 through 159.147.

   (E)   Maximum floor area ratio. The maximum floor area ratio of buildings and structures on a zoning lot shall be as follows: In a B-2 District the floor area ratio shall not exceed 1.5.

   (F) Front yards. In the B-2 District the regulations governing the front yard in the B-1 District shall apply.

   (G)   Transitional yards. In the B-2 District the regulations governing transitional yards in the B-1 District shall apply.

   (H)   Rear yard. In the B-2 District the regulations governing the rear yard in the B-1 District shall apply.

   (I)   Minimum lot sizes. In a B-2 District, for every dwelling unit established hereafter there shall be provided a minimum of 1,200 square feet of lot area, except that for every efficiency unit there shall be provided not less than 800 square feet of lot area.

   (J)   Height regulations. No building shall exceed three stories or 45 feet in height, except as otherwise provided in §§ 159.003 through 159.012.

(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86; Am. Ord. 88-25, passed 9-28-88; Am. Ord. 95-06, passed 4-10-95; Am. Ord. 2021-007, passed 11-3-21; Am. Ord. 2022-012, passed 9-21-22) Penalty, see § 159.999

   (A)   Permitted uses. No building or land shall be used and no building shall be erected, structurally altered, or enlarged unless otherwise provided in this chapter, except for the following uses:

      (1)   Offices, business and professional, as follows:

      Accountant office.

      Advertising agency.

      Business college or business school operated as a business enterprise.

      Employment service.

      Engineering, architectural office.

      Insurance agency.

      Law office.

      Loan office.

      Newspaper office, magazine office, or agency.

      Office for executive or administrative purposes.

      Professional office.

      Photographer.

      Other similar office or service establishments not specifically mentioned above as identified by the village.

      (2)   Offices, educational, as follows:

      Business college or business school.

      Music conservatory or music instruction.

      Personnel training center.

      Technical college or technical school.

      Other similar uses not specifically mentioned above as identified by the village.

      (3)   Offices, financial, as follows:

      Banks.

      Financial institution or office.

      Investment brokers or offices.

      Lending institutions.

      Loan office.

      Real estate offices.

      Other similar uses not specifically mentioned above as identified by the village.

      (4)   Office, health, as follows:

      Hospital or sanitarium.

      Laboratories, medical, dental, research, experimental, and testing, provided there is no danger from fire or explosion, nor of offensive noise, smoke, dust, odors, heat, glare, vibration, or other objectionable conditions beyond the confines of the premises upon which the use is located.

      Medical and dental clinics.

      Medical laboratory.

      Orthopedic, medical and surgical.

      Physical, culture, and health services, gymnasiums, swimming pools.

      Reducing salons masseurs.

      Undertaking establishments and funeral parlors.

      Other similar uses not specifically mentioned above as identified by the village.

      (5)   Office, miscellaneous, as follows:

      Clubs and lodges (nonprofit), fraternal or religious institutions.

      Private club or lodge.

      Scientific or research laboratory.

      Signs as classified and regulated by Chapter 155.

      Utility company office.

      Other similar uses not specifically mentioned above as identified by the village.

      (6)   Residential uses above first floor.

   (B)   Special uses. In the O-1 District, the following uses may be allowed as special uses, if the site locations and proposed development plans are first approved as provided in §§ 159.105 through 159.109.

      (1)   Planned developments in accordance with § 159.109.

      (2)   Special uses in accordance with §§ 159.105 through 159.109.

      (3)   Unique residential structures: Notwithstanding any requirement of the village codes to the contrary, any residential structure which was originally designed, constructed, and occupied as a single-family residence and which is located within the village O-1 Office District may be used or connected to a use as itemized below as a special use within the O-1 Office District in accordance with this subchapter and §§ 159.085 through 159.093 provided:

         (a)   Use limitation: The only special uses within the unique residential structure are as follows:

      Accounting office.

      Financial advisor.

      Insurance agency.

      Law office.

      Professional office (excluding medical, dental, and similar medical related uses).

         (b)   Location: The unique residential structure shall be adjacent to a major arterial street as defined by the village's Official Plan.

         (c)   Remodeling: Such structure shall be remodeled substantially in accordance with its original exterior architectural style and materials.

         (d)   Fire rating. A fire rating of one hour shall be provided in such structure and the following additional conditions shall be met:

            1.   Satisfy the fire rating requirements for commercial buildings in accordance with the BOCA Code currently used by the village; and

            2.   Any attic space or third floor space shall be improved and used for storage only.

         (e)   Emergency exits. Each floor shall have a separate emergency exit with doors openings to the exterior.

         (f)   Dwelling units. No dwelling units shall be maintained on the premises.

         (g)   Lot area. The lot area which exists for the parcel shall not be reduced in area nor shall additional land area be required for this special use.

         (h)   Yards. All existing yards shall be maintained for the primary structure.

         (i)   Parking. Off-street parking shall be provided in accordance with §§ 159.135 through 159.147.

   (C)   Additional uses. Accessory uses, parking, signs, and temporary uses shall be permitted in accordance with provisions of this chapter where applicable.

   (D)    Automobile parking and loading facilities. Automobile parking and loading facilities shall be provided as required or permitted in §§ 159.135 through 159.147.

   (E)   Lot area. Any principal use, together with all accessory uses shall be located on a lot having a minimum area of 10,000 square feet exclusive of special uses.

   (F)   Floor area ratio. The combined floor area ratio for any principal building, together with all accessory buildings, shall not exceed 1.0 on any lot.

   (G)   Maximum lot coverage. The total ground area occupied by any principal building, together with all accessory buildings, shall not exceed 50% of the total area of the lot.

   (H)   Lot width. Each lot shall have a width at the building setback line of not less than 70 feet.

   (I)   Front yard. Each lot upon which a building is constructed shall have a front yard not less than 25 feet. Where a O-1 District adjoins a major or minor arterial street the front yard shall not be less than 50 feet.

   (J)   Side yards. Each lot shall have a side yard along each side lot line, or not less than 10% of lot width.

   (K)   Transitional yards. Where a O-1 District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

      (1)   In a O-1 District where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district, or equal to the side requirement of the O-1 District, whichever is less.

      (2)   In a O-1 District where a rear lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth, and no storage of materials or equipment or the parking of automobiles shall take place within the 20 feet closest to any residential lot or lots. When such yard is paved the area shall be effectively screened by a wall, a solid fence, or a densely planted compact hedge. Such wall, fence, or hedge shall be at least five feet, but not more than eight feet in height and shall be maintained in good condition.

      (3)   Transitional yards shall be unobstructed from lowest level to sky except as allowed in §§ 159.003 through 159.012.

   (L)   Rear yard. In the O-1 Districts a rear yard shall be provided for residential uses located above the first floor, such yard to be not less than 30 feet in depth.

   (M)   Height regulations. No building shall exceed three stories or 35 feet in height, except as otherwise provided in §§ 159.003 through 159.012.

(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999