(Rep. by Ord. O-23-13, 6-12-2023)

   A.   Description Of District: The B-1 retail business district is intended to provide for the convenience shopping of persons residing in adjacent residential areas, and to permit such uses as are necessary to satisfy most of the basic shopping needs which occur daily or frequently and so require shopping facilities in relative proximity to places of residence. Also allowed are compatible uses that, while not visited frequently, would be desirable if located in close proximity to potential users. The district is designed to encourage the development of small neighborhood shopping centers with planned off street parking and loading, as well as to provide for existing individual shops or small groups of local stores. The district is normally located on primary or secondary thoroughfares, is relatively small in size, and has bulk standards that provide for compatibility with residential uses.

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

Accountants' offices.

Appliance stores.

Architects' offices.

Art supply stores.

Artist's studio.

Attorneys' and law offices.

Auditors' offices.

Bakeries (manufacturing of goods limited to those retailed on premises).

Banks (including drive-in facilities).

Barbershops.

Beauty parlors.

Bicycle sales and repair shops.

Bookkeeping services.

Bookstores.

Business and professional offices, miscellaneous.

Business machine sales and service.

Camera and photographic supply stores.

Candy and confectionery stores.

Carpet and rug stores.

Chambers of commerce.

China and glassware stores.

Chiropodists' offices.

Chiropractors' offices.

Clothes pressing establishments.

Clothes rental agencies.

Clothes repair stores.

Coffee kiosks (drive-through).

Coin, philatelic, stamp, and numismatic stores.

Conservatories (private).

Dairy products stores.

Delicatessens.

Dental clinics.

Dental laboratories.

Dentist's offices.

Detective agencies.

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

Drapery stores.

Dressmaking shops.

Drugstores (drive-through prescriptions).

Dry cleaners and laundries, launderettes (self-service only).

Dry cleaners and laundries (not a central plant serving more than one retail outlet).

Dry goods stores.

Electrical appliance stores.

Employment agencies.

Engineer's offices.

Fast foods (with drive-through).

Fish markets, retail.

Fix it shops, general minor repair.

Florists.

Food stores.

Furniture stores.

Furrier shops (including storage).

Garden supply stores.

Gift shops.

Grocery stores.

Haberdasheries.

Hardware stores.

Hat repair stores.

Hearing aid stores.

Hobby shops (retail sales and repairs only).

Household appliance stores.

Ice cream stores.

Insurance agencies.

Interior decorating studios.

Jewelry stores.

Labor unions and organizations.

Land surveyors' offices.

Landscape architectural services.

Launderettes, self-service.

Leather goods and luggage stores.

Liquor stores (package).

Loan companies.

Locksmith shops.

Meat markets.

Medical appliance stores (not including manufacturing or assembly of such articles).

Medical clinics.

Merchant associations.

Millinery shops.

Musical instrument sale and repair shops.

News syndicates.

Newspaper offices.

Notions stores.

Office buildings, public.

Office supply stores.

Offices, business and professional; miscellaneous.

Optician sales (retail).

Opticians' offices.

Orthopedic appliance stores (not including manufacturing or assembly of such articles).

Orthopedic brace and limb fitting and assembly.

Osteopaths' offices.

Package liquor stores.

Paint and wallpaper stores.

Pharmacies.

Philanthropic and eleemosynary (charity) institutions.

Phonograph record, tape, CD, and sheet music stores.

Photographic studios.

Picture framing (when conducted for on premises retail trade).

Political organization offices.

Post offices and post office substations.

Radio sales.

Radio service and repair shop.

Real estate offices.

Regional sales offices.

Religious reading rooms.

Savings and loan associations (including drive-in facilities).

School supply stores.

Secretarial services.

Security and commodity brokers.

Shoe repair stores.

Shoe stores.

Sporting goods stores.

Stationery stores.

Tailor shops.

Telegraph offices.

Television sales.

Television service and repair shops.

Ticket agencies (amusement).

Tobacco shops.

Toy stores.

Trading stamp stores.

Travel agencies, bureaus and transportation ticket offices.

Wearing apparel shops.

Other permitted uses:

Accessory uses as defined in chapter 3 of this title.

Fences, in accordance with the provisions of chapter 3 of this title.

Off street parking and loading facilities, in accordance with the provisions of chapter 8 of this title.

Signs, in accordance with the provisions of chapter 9 of this title.

   C.   Special Uses: The following uses may be allowed by special use in accordance with the provisions of chapter 10 of this title:

Antique shops.

Athletic fields (including stadiums and grandstands, noncommercial).

Automobile accessory stores, automobile diagnostic center or clinics, automobile service stations.

Bus passengers stations.

Childcare centers, children's day schools, daycare centers, day nurseries, nursery schools.

Cleaners (drive-in).

Clubs (private, nonprofit).

Community center buildings, clubhouses, recreation buildings, swim clubs for indoor pools, tennis buildings for indoor tennis (noncommercial and not for profit).

Ice and milk machine sales.

Linoleum and tile stores.

Lodges and fraternal organizations.

Music schools.

Parks and playgrounds.

Pet shops.

Public services uses:

Electric substations, gas regulator stations.

Police and fire stations.

Public water towers, waterworks and wells.

Pumping stations and reservoirs.

Railroad rights of way (not including railroad yards and maintenance shops.

Telephone exchanges and repeater stations.

Other similar public service uses.

Residence of the proprietor of a commercial use.

Restaurants (excluding drive-in and fast food).

Secondhand (thrift) stores.

   D.   Prohibited Uses: All uses not expressly authorized in subsections B and C of this section are expressly prohibited.

   E.   Lot Size: A minimum lot area is not required, except that:

      1.   A minimum lot area of five (5) acres is required for agricultural buildings and structures.

      2.   A minimum lot width of three hundred feet (300') is required.

   F.   Required Yards:

      1.   Front Yard: All structures shall be set back from the front lot line at least thirty feet (30') except when parking is provided in the front yard in which case all structures shall be set back from the front lot line at least sixty feet (60').

      2.   Interior Side Yard (Adjacent To A Zoning Lot): An interior side yard is not required.

      3.   Corner Side Yard (Adjacent To Street): All structures shall be set in from the side lot line adjacent to the street rights of way a distance of not less than thirty feet (30').

      4.   Rear Yard: A rear yard is required sufficient to allow access for regular and emergency services. If a residential use is located above the first floor, such rear yard shall be not less than thirty feet (30') in depth and shall begin at a level no higher than the level of the finished floor of the lowest residential unit.

      5.   Transitional Yard: The minimum transitional yard requirements for all structures shall not be less than those specified below:

         a.   Where a side lot line coincides with a side or rear lot line 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 title for a residential use on the adjacent residential lot.

         b.   Where a rear lot line coincides with a side lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this title for a residential use on the adjacent residential lot.

         c.   Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be not less than twenty feet (20') in depth.

         d.   Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot line for a distance of at least fifty feet (50'), including the width of an intervening alley, from such residential lot.

   G.   Height: The maximum height of buildings and structures shall not exceed thirty feet (30') or two (2) stories.

   H.   Floor Area Ratio (FAR): The maximum FAR shall be 1.2.

   I.   Minimum Size Of Dwelling: Every structure occupied in whole or in part for residential purposes shall contain at least five hundred (500) square feet of livable floor area, exclusive of basement or garage space.

   J.   Special Provisions:

      1.   Trucks: The parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over one and one-half (11/2) tons capacity when located within one hundred fifty feet (150') of a residential district boundary line.

      2.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by either a municipal sewer and water system, a private community sewer and water system, or a private individual water supply system approved by the appropriate governmental agency.

      3.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.

      4.   Business Requirements:

         a.   A mezzanine may be provided by a business establishment as an intermediate, fractional story between the floor and ceiling of the first story.

         b.   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. All business, servicing, storage or processing, except for off street parking or loading shall be conducted within a completely enclosed building.

         c.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted except in the case of automobile service stations (special).

         d.   All activities involving the production, processing, or cleaning, servicing, testing, or repair of materials, goods, or products shall conform with the performance standards established for the B-3 commercial, wholesale and general service district, provided that performance standards shall in every case be applied at the boundaries of the zoning lot on which such activities take place. (Ord. 0-77-27, 7-18-1977)

   A.   Description Of District: The B-2 general commercial district provides for the location of most services and businesses especially those requiring direct access to major arterial streets. Structures located in this district vary from freestanding buildings to neighborhood or community shopping centers. Diverse commercial activities, business, service and office uses, are permitted in this district. This district is located along the frontage of major arterial thoroughfares.

   B.   Permitted Uses: The following retail and service uses are permitted provided they are operated entirely within a building, except for off street parking, loading facilities, or outdoor storage which is adequately buffered:

Any business use permitted in the B-1 retail business district.

Animal hospital.

Antique shops.

Blueprinting and photocopying establishments.

Bowling alleys.

Credit unions.

Dancing schools or studios.

Department stores.

Financial institutions.

Frozen food stores.

Home supply centers.

Hotels.

Ice machine sales.

Investment companies.

Linoleum and tile stores.

Medical laboratories.

Motels.

Newspaper distribution agencies.

Pet shops.

Recording studios.

Schools, dance.

Taxidermists.

Theaters (indoor).

Tire, battery and accessory dealers.

Vending machines.

Veterinary clinics.

Other permitted uses:

Accessory uses as defined in chapter 3 of this title.

Fences, in accordance with the provisions of chapter 3 of this title.

Off street parking and loading facilities, in accordance with the provisions of chapter 8 of this title.

Signs, in accordance with the provisions of chapter 9 of this title.

   C.   Special Uses: The following uses may be allowed by special use permit in accordance with the provisions of chapter 10 of this title:

The same special uses as are allowed by special use permit in the B-1 retail business district.

Artificial lakes, private recreation.

Automobile laundries and car washes.

Automobile repair garages.

Automobile sales.

Automobile undercoating service.

Banks (drive-in facilities).

Bars and cocktail lounges (including live entertainment and dancing).

Billiard and pool halls.

Boat and marine showroom and sales.

Bus terminals, turnarounds and lots.

Business colleges, commercial schools.

Catering establishments.

Dance halls.

Equipment rental and leasing service.

Funeral parlors.

Health clubs.

Motorcycle sales.

Parcel delivery and pick up service.

Recreational vehicle sales and rentals.

Restaurants (drive-in).

Roadside stands.

Savings and loan associations (drive-in facilities).

Taverns.

Tattoo parlors.

Trade schools.

Trailer sales and rentals.

Truck sales and rentals.

Undertaking establishments.

Used car lots.

Vocational schools.

   D.   Prohibited Uses: All uses not expressly authorized in subsections B and C of this section are expressly prohibited.

   E.   Lot Size: A minimum lot area is not required, except that each residential use shall have a separate ground area designated, provided for, and continuously maintained in accord with the following:

      1.   There shall be provided not less than seven hundred fifty (750) square feet of lot area per room in an apartment hotel and five hundred (500) square feet of lot area per suite for hotels and/or motels.

      2.   A minimum lot width of one hundred feet (100') is required.

   F.   Required Yards:

      1.   Front Yard: All structures shall be set back from the front lot line at least thirty feet (30'). Except for driveways, no portion of a parking lot or parking area shall be located within the first ten feet (10') of the required front yard.

      2.   Interior Side Yard (Adjacent To A Zoning Lot): An interior side yard is not required.

      3.   Corner Side Yard (Adjacent To A Street): All structures shall be set in from the side lot line adjacent to the street right of way a distance of not less than thirty feet (30').

      4.   Rear Yard: A rear yard is required sufficient to allow access for regular and emergency services.

      5.   Transitional Yard: The minimum transitional yard requirements for all structures shall be not less than those specified below:

         a.   Where a side lot line coincides with a side or rear lot line 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 title for a residential use on the adjacent residential lot.

         b.   Where a rear lot line coincides with a side lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this title for a residential use on the adjacent residential lot.

         c.   Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be twenty feet (20') in depth and shall be kept free of parking and unscreened outdoor storage.

         d.   Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot line for a distance of at least fifty feet (50'), including the width of any intervening alley from such residential lot.

   G.   Height: The maximum height of buildings or structures shall not exceed thirty five feet (35').

   H.   Floor Area Ratio (FAR): The maximum floor area ratio shall be 1.2.

   I.   Special Provisions:

      1.   Trucks: The parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over one and one-half (11/2) tons capacity when located within one hundred fifty feet (150') of a residential district boundary line.

      2.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by a municipal or a private community sewer and a utility water system or a private individual water supply system approved by the appropriate governmental agency. Hotels and/or motels must be served by either a municipal or a private community sewer system, not by a private individual sewage disposal system.

      3.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.

      4.   Business Requirements:

         a.   All goods produced on the premises shall be sold at retail on the premises where produced. All business, servicing or processing, except for off street parking, loading, and adequately screened outdoor storage shall be conducted within a completely enclosed building.

         b.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted, except in the case of automobile service stations and drive-in dry cleaners, restaurants, banks, and savings and loans for which special uses have been granted.

         c.   All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right of way.

         d.   All activities involving the production, processing, cleaning, servicing, testing, or repair of materials, goods, or products shall conform with the performance standards established for the B-3 commercial, wholesale and general service district, provided that performance standards shall in every case be applied at the boundaries of the zoning lot on which such activities take place.

      5.   Landscaping Of Required Yards: Required yards of developed lots shall be landscaped and unpaved except for necessary drives, parking areas and walks.

   J.   Existing Special Uses: Where a use is classified as a special use and exists as a permitted or special use at the date of the adoption of this section, it shall be considered a legal special use, without further action of the city council, the zoning administrator, or the plan/zoning board of appeals.

A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special use. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003; Ord. O-19-33, 11-11-2019; Ord. O-19-42, 12-9-2019; Ord. O-22-15, 5-9-2022)

   A.   Description Of District: The B-2 general commercial district provides for the location of most services and many small businesses, including sites to be used as primary shopping areas. Structures located in this district vary from freestanding buildings to larger, neighborhood or community shopping centers. Diverse commercial activities, including business, service, and office uses, are permitted in this district. Normally this district is located at the convergence of primary thoroughfares.

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

Any business use permitted in the B-1 retail business district.

Animal hospitals.

Antique shops.

Automobile accessory stores.

Blueprinting and photostating establishments.

Bowling alleys.

Credit unions.

Dancing schools or studios.

Department stores.

Financial institutions.

Frozen food stores.

Home supply centers.

Hotels.

Ice machine sales.

Investment companies.

Linoleum and tile stores.

Medical laboratories.

Milk machine sales.

Motels.

Newspaper distribution agencies.

Pet shops.

Recording studios.

Schools, dance.

Taxidermists.

Theaters, indoor.

Tire, battery, and accessory dealers.

Veterinary clinics.

Other permitted uses:

Accessory uses as defined in chapter 3 of this title.

Fences, in accordance with the provisions of chapter 3 of this title.

Off street parking and loading facilities, in accordance with the provisions of chapter 8 of this title.

Signs, in accordance with the provisions of chapter 9 of this title.

   C.   Special Uses: The following uses may be allowed by special use permit in accordance with the provisions of chapter 10 of this title:

The same special uses as are allowed by special use permit in the B-1 retail business district.

Amusement establishments, including archery ranges and shooting galleries, games, etc.

Artificial lakes, private recreation.

Automobile laundries and car washes.

Automobile repair garages.

Automobile undercoating service.

Banks, drive-in facilities.

Bars and cocktail lounges, including live entertainment and dancing.

Billiard and pool halls.

Bus terminals, turnarounds, and lots.

Business colleges, commercial schools.

Catering establishments.

Dance halls.

Equipment rental and leasing service.

Funeral parlors.

Health clubs.

Off track betting facilities in conjunction with eat-in restaurants, serving alcohol.

Parcel delivery and pick up service.

Pawnshops.

Restaurants, drive-in or drive-through facilities, fast foods.

Savings and loan associations, drive-in facilities.

Taverns.

Temporary buying locations (e.g., cash for gold).

Trade schools.

Undertaking establishments.

Vocational schools.

   D.   Prohibited Uses: All uses not expressly authorized in subsections B and C of this section are expressly prohibited.

   E.   Lot Size: A minimum lot area is not required, except that each residential use shall have a separate ground area designated, provided, and continuously maintained in accordance with the following:

      1.   There shall be provided not less than seven hundred fifty (750) square feet of lot area per room in an apartment hotel and five hundred (500) square feet of lot area per suite for hotels and/or motels.

      2.   A minimum lot width of three hundred feet (300') is required.

   F.   Required Yards:

      1.   Front Yard: All structures shall be set back from the front lot line at least sixty feet (60').

      2.   Interior Side Yard (Adjacent To A Business Zoned Lot): An interior side yard is not required.

      3.   Corner Side Yard (Adjacent To A Street): All structures shall be set in from the side lot line adjacent to the street right of way a distance of not less than thirty feet (30').

      4.   Rear Yard: A rear yard is required sufficient to allow access for regular and emergency services.

      5.   Transitional Yard: The minimum transitional yard requirements for all structures shall be not less than those specified below:

         a.   Where a side lot line coincides with a side or rear lot line 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 title for a residential use on the adjacent residential lot.

         b.   Where a rear lot line coincides with a side lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this title for a residential use on the adjacent residential lot.

         c.   Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be not less than twenty feet (20') in depth.

         d.   Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to a minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot line for a distance of at least fifty feet (50'), including the width of any intervening alley from such residential lot.

   G.   Height: The maximum height of buildings or structures shall not exceed sixty feet (60'), provided, however, that all buildings shall be set in from the rear and side lot lines at least two feet (2') for every one foot (1') of building height in excess of forty feet (40'). The building line setbacks herein required shall apply in addition to all other requirements of this section.

   H.   Floor Area Ratio (FAR): The maximum FAR shall be 1.2.

   I.   Special Provisions:

      1.   Trucks: The parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over one and one-half (11/2) tons capacity when located within one hundred fifty feet (150') of a residential district boundary line.

      2.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by a municipal or a private community sewer and a utility water system or a private individual water supply system approved by the appropriate governmental agency. Hotels and/or motels must be served by either a municipal or a private community sewer system, not by a private individual sewage disposal system.

      3.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.

      4.   Business Requirements:

         a.   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. All business, servicing, storage or processing, except for off street parking and loading shall be conducted within a completely enclosed building.

         b.   Establishments of the "drive-through" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted, except in the case of automobile service stations (special), and drive-through dry cleaners, banks, and savings and loans (special), or by special use permit as listed herein.

         c.   All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right of way.

         d.   All activities involving the production, processing, cleaning, servicing, testing, or repair of materials, goods, or products shall conform with the performance standards established for the B-3 commercial, wholesale and general service district, provided that performance standards shall in every case be applied at the boundaries of the zoning lot on which such activities take place. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-12-06, 3-12-2012; Ord. O-19-33, 11-11-2019; Ord. O-19-42, 12-9-2019)

   A.   Description Of District: The B-3 commercial, wholesale and general service district is intended to provide sites to accommodate those uses that serve large segments of the population with a wide variety of business and commercial uses. Included in the permitted uses are certain wholesale and warehousing uses, and some limited industrial activities that are normally associated with commercial uses. Also permitted are industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses without creating nuisances and with sufficient control of external effects to protect one industry from another. In this district outdoor storage must be completely screened and all industrial operations must be in an enclosed building, except as permitted under special uses in this section. The district is normally located on primary thoroughfares, and contains parcels that are relatively large in size.

   B.   Permitted Uses: The following business and service uses are permitted:

Any uses permitted in the B-2 general commercial district except those uses listed as permitted in B-1 retail business district.

Assembly firms, without fabrication of completely fabricated parts.

Automobile repair garages.

Automobile undercoating service.

Automotive vehicle sales and leasing, new, including sales of used vehicles in conjunction therewith.

Bakeries, manufacturing of goods.

Beverage distributors.

Boat and marine showroom and sales.

Bottled gas dealers.

Bottling works.

Building material supplies, sales, and service.

Business, professional and governmental offices.

Contractor or construction offices and yards.

Dry cleaning establishments, central plant serving more than one retail outlet.

Electrical shops.

Equipment rental and leasing service.

Funeral parlors.

Furnace supplies and service.

Furniture cleaning, upholstering and repair shops.

Glazing shops.

Greenhouses, retail sales.

Laundries, central plant serving more than one retail outlet.

Lawn mower sales and repair shops.

Linen, towel, diaper and similar supply services.

Machine shops.

Machinery sales.

Motorcycle sales, service and repair shops.

Music schools.

Nurseries, retail sales.

Personnel training centers.

Plumbing and heating showrooms and shops.

Printing, publishing, and lithography establishments.

Public services uses:

Electric substations, gas regulator stations.

Police and fire stations.

Public water towers, water works and wells.

Pumping stations and reservoirs.

Railroad rights of way (not including railroad yards and maintenance shops.

Telephone exchanges and repeater stations.

Other similar public service uses.

Roofing sales and service.

Schools, music, trade, vocational.

Sewer and septic tank cleaning and rodding service.

Sheet metal shops.

Sign contractors.

Snowmobile sales and service.

Swimming pool sales and service.

Trade schools.

Truck sales and service.

Undertaking establishments.

Vocational schools.

Warehouses.

Water softener service.

Welding shops.

Wholesale establishments.

Window cleaning firms.

Other permitted uses:

Accessory uses as defined in chapter 3 of this title.

Fences, in accordance with the provisions of chapter 3 of this title.

Off street parking and loading facilities, in accordance with the provisions of chapter 8 of this title.

Signs, in accordance with the provisions of chapter 9 of this title.

   C.   Special Uses: The following uses may be allowed by special use permit in accordance with the provisions of chapter 10 of this title:

Same special uses as are allowed by special use permit in the B-2 general commercial district.

Air freight terminals.

Airports.

Automobile paint shops.

Automobile rentals.

Automobile sales, new and used, permitted in enclosed buildings and on open lot areas.

Automobile storage facilities.

Dairy products manufacturing.

Extermination shops.

Filtration plants, public.

Greenhouses, wholesale.

Heliports, private and commercial.

Highway maintenance shops and yards.

Indoor skating rinks.

Launderers, industrial.

Mobile home dealers.

Nurseries, wholesale.

Recreational vehicle sales.

Residence of the proprietor, caretaker, or watchman of a commercial or industrial use.

Skating rinks, indoor.

Swim clubs, swimming pools and buildings for indoor swimming pools.

Telephone microwave relay towers.

Tennis clubs, tennis courts and buildings for indoor tennis and similar establishments.

Trailer sales and rentals.

Woodworking and wood products manufacturing.

   D.   Prohibited Uses: Massage parlors are hereby prohibited. "Massage parlors" shall mean any establishment, club, or business by whatever name designated which offers or advertises or is equipped or arranged so as to provide as part of its services massages, body rubs, alcohol rubs, baths or other similar treatment. The following uses shall not be included within the definition of "massage parlors":

      1.   Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed practical nurse or a registered professional nurse.

      2.   Electrolysis treatment by a licensed operator of electrolysis equipment.

      3.   Continuing instruction in martial or performing arts or in organized athletic activities.

      4.   Hospitals, nursing homes, medical clinics or medical offices.

      5.   Barbershops, beauty parlors or health clubs which offer massage to the scalp, the face, the neck or shoulders only.

All uses not expressly authorized in subsections B and C of this section are expressly prohibited.

   E.   Lot Size: A separate ground area, of not less than ten thousand (10,000) square feet shall be designated, provided, and continuously maintained for each permitted and special use.

There shall be provided not less than seven hundred fifty (750) square feet of lot area per room in an apartment hotel and five hundred (500) square feet of lot area per suite for hotels and/or motels.

A minimum lot width of one hundred fifty feet (150') shall be provided for each lot.

   F.   Required Yards:

      1.   Front Yard: All structures shall be set back from the front lot line at least sixty feet (60').

      2.   Interior Side Yard (Adjacent To A Business Zoned Lot): An interior side yard is not required.

      3.   Corner Side Yard (Adjacent To A Street): All structures shall be set in from the side lot line adjacent to the street right of way a distance of not less than thirty feet (30').

      4.   Rear Yard: A rear yard is required sufficient to allow access for regular and emergency services.

      5.   Transitional Yard: The minimum transitional yard requirements for all structures shall be not less than those specified below:

         a.   Where a side lot line coincides with a side or rear lot line 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 title for a residential use on the adjacent residential lot.

         b.   Where a rear lot line coincides with a side lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this title for a residential use on the adjacent residential lot.

         c.   Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be not less than twenty feet (20') in depth.

         d.   Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to a minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot line for a distance of at least fifty feet (50'), including the width of any intervening alley, from such residential lot.

   G.   Floor Area Ratio (FAR): The maximum FAR shall be 1.2.

   H.   Special Provisions:

      1.   Trucks: The parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over one and one-half (11/2) tons capacity when located within one hundred fifty feet (150') of a residential district boundary line.

      2.   Sewer And Water: All dwellings and uses requiring sanitary facilities shall be served by a municipal or a private community sewer and a utility water system or a private individual water supply system approved by the appropriate governmental agency. Hotels and/or motels must be served by either a municipal or a private community sewer system, not by a private individual sewage disposal system.

      3.   Temporary Uses: Temporary uses may be permitted in accordance with the provisions of chapter 3 of this title.

      4.   Business Requirements:

         a.   Enclosure Of Use: All business, servicing, processing, or industrial operations shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.

         b.   Outdoor Storage: All outdoor storage, except of motor vehicles and aircraft in operable condition shall be effectively screened and enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and the public right of way. The outdoor storage of uncontained bulk material is prohibited.

         c.   Surfacing: All outdoor storage space shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained as to dispose of all surface water, at a rate not to exceed the rate of drainage prior to the original development of the property.

         d.   Setback Standards: Setback on properties or portions thereof located directly across a street from a business or residential district, if any point on the exterior surface of any building or structure is at a greater height than thirty five feet (35') above curb level, such point projected vertically upon the ground shall in no case be nearer to the business or residential district boundary line than a horizontal distance equal to one and one-half (11/2) times the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate twenty five feet (25') in linear dimension parallel to the street for any one hundred feet (100') of street frontage. Parapets not exceeding three feet (3') in height shall also be exempt from such limitations.

On properties or portions thereof located adjacent to a side or rear property line in a business or residential district, if any point on the exterior surface of any building or structure is at a greater height than thirty five feet (35') above curb level, the vertical projection of such point upon the ground shall in no case be nearer to the side or rear lot line of any property in the adjacent business or residential district than a horizontal distance equal to the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such height limitations if not exceeding in the aggregate twenty five feet (25') in linear dimension parallel to such business or residential lot line(s) for any one hundred feet (100') of length of such lot line(s). Parapets not exceeding three feet (3') in height shall also be exempt from such limitations.

   I.   Performance Standards:

      1.   Purpose: The purpose of performance standards in regulating industrial uses is to:

         a.   Permit industrial nuisances to be measured factually and objectively.

         b.   Ensure that all industries will provide methods to protect the community from hazards which can be prevented by processes of control and nuisance elimination.

         c.   Protect industries from arbitrary exclusion or persecution based solely on the nuisance protection by any particular type of industry in the past.

      2.   Application Of Performance Standards: After the effective date hereof:

         a.   Any use established or changed to, and any building, structure, or land developed, constructed or used for, any permitted principal use, or any use permissible as a special use, or any accessory use, shall comply with all the performance standards herein set forth for the district involved with the exception of airports and heliports.

         b.   If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure.

         c.   Within one year from the enactment of this title, all presently existing uses of lands, buildings, or other structures shall comply with the performance standards herein set forth for the districts involved.

      3.   Administration And Enforcement Of Performance Standards:

         a.   Intent Concerning Determinations Involved In Administration And Enforcement Of Performance Standards: Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this title that:

            (1)   Where determinations can be made by the administrative official or other city employee, using equipment normally available to the city or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

            (2)   Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

         b.   Performance Standards Relating To Emission Of Smoke, Fire, And Explosive Hazards Where Flash Point Of Flammable Materials Is Known, Humidity, Heat, Glare, And Electromagnetic Interference: If the zoning administrator finds, after making determinations in the manner set forth in this title that there is violation of performance standards relating to emission of smoke, fire and explosive hazards where flash point of flammable materials is known, humidity, heat, glare, or electromagnetic influence, he shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided in chapter 12, "Violations; Penalties", of this title.

         c.   Performance Standards Relating To Measurement Of Particulate Matter, Vibration, Noise, Fire, And Explosive Hazards Where Flash Point Of Flammable Materials Is Not Known, Toxic Or Noxious Matter, Odorous Matter, And Radiation Hazards: If, in the considered judgment of the zoning administrator, there is probable violation of the performance standards as set forth herein concerning emission of particulate matter, vibration, noise, fire, and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, or radiation hazards, the following procedures shall be followed:

            (1)   The zoning administrator shall give written notice, by registered mail or other means ensuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the zoning administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the zoning administrator within a time limit set by the zoning administrator. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the zoning administrator within the time limit set constitutes admission of violation of the terms of this title.

The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this title will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the city.

            (2)   If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the zoning administrator, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.

            (3)   If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the zoning administrator within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

            (4)   If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the zoning administrator, but requesting additional time, the zoning administrator may grant an extension if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.

            (5)   If reply is received within the time limit set requesting technical determination as provided in this title, and if the alleged violations continue, the zoning administrator may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of chapter 12, "Violations; Penalties", of this title.

If no violation is found, the costs of the determinations shall be paid by the city without assessment against the properties or persons involved.

         d.   Required Data: Following the initiation of an investigation, the zoning administrator may require the owner or operator of any proposed or existing use to submit such data and evidence as needed to make an objective determination. The evidence may include, but is not limited to, the following items:

            (1)   Plans of the existing or proposed construction and development.

            (2)   A description of the existing or proposed machinery, processes and products.

            (3)   Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emissions of any of the dangerous and objectionable elements as set forth in this chapter.

            (4)   Measurements of the amount or rate of emission of said dangerous and objectionable elements.

Failure to submit data as requested by the zoning administrator shall constitute grounds for denying a permit.

         e.   Report By Expert Consultants: The zoning administrator may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed or existing use can be brought into compliance with the performance standards. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the zoning administrator, and to the owner or operator of the use in question. In the event of the inability to select a mutually agreeable consultant, the plan/zoning board of appeals shall select the consultant. The cost of such consultant's services shall then be borne by the owner or operator of said use.

         f.   Action Of Zoning Administrator: Within thirty (30) days following the receipt of the required evidence or the receipt of the reports of expert consultants, the zoning administrator shall make a determination as to compliance or noncompliance. If he determines the existing or proposed use is in compliance, he shall recommend the issuance of any permits which may have been withheld pending said determination. Such permits shall then be issued or be denied within fifteen (15) days from such determination.

         g.   Required Alterations: The zoning administrator may require modification or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards shall be given a reasonable length of time to effect any changes presented by the zoning administrator for the purpose of securing compliance with the performance standards.

         h.   Appeal: The action of the zoning administrator with respect to the performance standards may be appealed to the Prospect Heights plan/zoning board of appeals within thirty (30) days following said action. In the absence of such appeal, the zoning administrator's determination shall be final.

         i.   Continued Enforcement: The zoning administrator shall investigate any purported violation of performance standards and, if there are reasonable grounds for the same, shall investigate the alleged violation. For such investigation the zoning administrator may employ qualified experts. If, after a public hearing on due notice, the zoning administrator finds that a violation occurred or exists, a copy of said findings shall be forwarded to the owner or operator with instructions to correct the violation. The services of any qualified experts employed by the zoning administrator shall be paid by the violator if said violation is established.

         j.   Cancellation Of Permits: If, after the conclusion of the time granted for compliance with the performance standards, the zoning administrator finds the violation is still in existence, any permits previously issued shall be null and void and operator shall be required to cease operation until the violation is remedied.

      4.   Industrial Performance Standards: Uses shall comply with the following:

         a.   Noise: For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Sounds of short duration which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer.

Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, "Preferred Frequencies For Acoustical Measurements") shall be used with the following tables:

Exceptions: The following uses and activities shall be exempt from the noise level regulations:

            (1)   Noises not directly under control of the property user.

            (2)   Noises emanating from construction and maintenance activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Such activities are those which are temporary in nature, or conducted infrequently.

            (3)   The noises of safety signals, warning devices, and emergency pressure relief valves.

            (4)   Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.

At no point along the boundary of a "residential district" or along an "adjacent lot" shall the sound pressure level of any operation or plant exceed the decibel limits in the octave bands designated below:

   MAXIMUM PERMITTED SOUND LEVEL

   (In Decibels)

 

Impact noises shall not exceed the following peak intensities:

Overall peak:

      Along residence district boundaries   80

      Along adjacent lot boundaries   86

         b.   Vibration: Any industrial operation or activity which shall cause, at any time and at any point along the nearest adjacent lot line, earthborn vibrations in excess of the limits set forth in column 1 of the table in this subsection is prohibited.

In addition, any industrial operation or activity which shall cause at any point along a residential district boundary line, earthborn vibrations in excess of the limits set forth in column 2 of the table in this subsection is prohibited.

Exceptions: The following uses and activities shall be exempt from the vibration level regulations:

            (1)   Vibrations not directly under the control of the property user.

            (2)   Vibrations emanating from construction and maintenance activities between seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. Such activities are those which are nonroutine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

            (3)   Transient vibrations of moving sources such as automobiles, trucks, airplanes, and railroads.

Vibrations shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system approved by the department of building and zoning.

   ALLOWANCE FOR VIBRATION

 

 

   Note:

      1.   "Steady state vibrations", for purposes of this title, are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute, shall be considered impact vibrations and shall not cause in excess of twice the displacements stipulated.

         c.   Smoke And Particulate Matter: Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads, and so forth within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, or of other acceptable means.

For the purpose of grading the density equivalent opacity of smoke, the Ringelmann chart, published by the United States bureau of mines, shall be employed.

The emission of more than twenty (20) smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann no. 2. However, once during any six (6) hour period each stack may emit up to thirty five (35) smoke units, not to exceed Ringelmann no. 2, when blowing soot or cleaning fires. Only during the fire cleaning periods, however, shall smoke of Ringelmann no. 3 be permitted, and then for not more than four (4) minutes per period.

The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour, after deducting from the gross hourly emission per acre the correction factor set forth in the following table:

   ALLOWANCE FOR HEIGHT OF EMISSION

 

Interpolate for intermediate values not shown in table.

Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:

            (1)   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.

            (2)   From each gross hourly rate of emission derived in subsection I4c(1) of this section, deduct the correction factor (interpolating as required) for height of emission set forth in the table in this subsection, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.

            (3)   Add together the individual net rates of emission derived in subsection I4c(2) of this section, to obtain the total net rate of emission from all sources of emission within the boundaries of the lot. Such total shall not exceed one pound per acre of lot area during any one hour.

         d.   Toxic Matter: The measurement of toxic matter shall be made at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic matters currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the county that the proposed levels will be safe and not detrimental to the general population nor injurious to plant or animal life.

The release of airborne toxic matter shall not exceed one- thirtieth (1/30) of the threshold limit values across lot lines.

         e.   Noxious And Odorous Matter: No activity or operation shall cause at any time, the discharge of matter across lot lines in such concentrations as to be noxious. The emission of matter in such quantities as to be readily detectable as an odor at any point along lot lines is prohibited.

         f.   Fire And Explosive Hazards:

            (1)   Flammable Solids: The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following condition is met:

Said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

            (2)   Flammable Liquids And Gases: The storage, utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which shall be unrestricted.

The manufacture of liquid or gaseous oxygen is prohibited. Liquid or gaseous oxygen may be stored or utilized:

   (A) In accordance with National Fire Protection Association standard no. 566, as from time to time in force and effect, herein adopted by reference.

   (B) The total quantity stored of gaseous or liquid oxygen shall not exceed five hundred fifty thousand (550,000) standard cubic feet.

   (C) Activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation are prohibited.

   TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED

   (IN GALLONS)

 

   Note:

      1.   Airports may store up to 50,000 gallons of aircraft fuel aboveground and up to 100,000 gallons of aircraft fuel underground.

         g.   Glare And Heat: Any operation or activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one-half (1/2) foot-candle when measured at the lot line. Exposed sources of light shall be shielded and flickering or intense sources of light shall be controlled so as not to cause a nuisance across lot lines. Any operation producing intense heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines.

         h.   Radiation Hazards; Release Outside Property Lines: The release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the rules and regulations of the state of Illinois.

         i.   Unsealed Radioactive Materials: Unsealed radioactive materials shall not be manufactured, utilized, or stored (except when such materials are stored in a fireproof container at or below ground level) in excess of the updated list of quantities of radioactive materials appearing in exhibit A attached to ordinance 0-03-35. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-95-34, 8-21-1995; Ord. 0-03-35, 9-15-2003; Ord. O-19-01, 2-11-2019; Ord. O-19-33, 11-14-2019; Ord. O-19-42, 12-9-2019)

   A.   Description Of District: The B-4 office/industrial district is intended to provide sites to accommodate those production and service related uses which serve large segments of the resident population and nonresidential activities located in the general area. Such uses must have high standards of performance such that they can locate in close proximity to residential and business uses without creating nuisances and with sufficient control of external effects to protect the character and value of one property from another. In this district outdoor storage must be completely screened in a manner approved by the site plan review committee, loading docks shall not be visible from public roadways, and all industrial operations shall be conducted within an enclosed building.

   B.   Permitted Uses: The following business and service uses are permitted:

Business, professional and governmental offices.

Educational institutions.

   C.   Special Uses: The following uses may be allowed by special use permit in accordance with the provisions of chapter 10 of this title:

Artificial lakes.

Business colleges, commercial schools.

Convention halls and centers.

Daycare facilities.

Enclosed arena, sports facility and entertainment complex, including indoor and outdoor accessory uses as approved by the city council.

Governmental uses including offices and public works facilities.

Health clubs.

Light manufacturing.

Parking lots and decks, municipal and private.

Parks and playgrounds (private).

Planned unit developments.

Public service uses:

Police and fire.

Public water towers, waterworks and wells.

Pumping stations and reservoirs.

Other similar public service uses.

Recreational facilities (indoor).

Residence of caretaker or watchman of an industrial use.

Restaurant facilities.

   D.   Lot Size: A separate ground area of forty thousand (40,000) square feet for each permitted or special use.

   E.   Required Yards: The provisions for required yards shall be the same as those in the B-1 district.

   F.   Transitional Yards: The provisions for transitional yards shall be the same as those in the B-1 district.

   G.   Floor Area Ratio (FAR): The maximum floor area ratio shall be 0.5.

   H.   Special Provisions: The special provisions required for the B-3 district shall also apply herein. In addition, no use shall be established that contains loading docks located such that they can be seen from the public right of way. The location of access points, building and sign location, design of parking lots and landscape improvements, shall be reviewed and approved by the site plan review committee or its agent.

   I.   Performance Standards: The provisions for performance standards shall be the same as those in the B-3 district.

(Ord. 0-87-59, 11-16-1987; amd. Ord. 0-96-28; Ord. 0-98-32, 9-8-1998; Ord. O-19-04, 2-25-2019; Ord. O-19-24, 9-23-2019; Ord. O-19-33, 11-11-2019; Ord. O-19-42, 12-9-2019; Ord. O-21-17, 8-23-2021)

   A.   Description of District: The B-5 Commercial Industrial District is a specialized classification in which commercial, industrial and wholesale businesses are encouraged. Included in the permitted uses are certain wholesale and warehousing uses that are normally associated with commercial uses. Also permitted are industrial firms that have high standards of performance In this district outdoor storage must be completely screened and all industrial operations must be in an enclosed building, except as permitted under special uses in this section. The district is normally located on primary thoroughfares, and contains parcels that are relatively large in size.

   In addition, given the relative distance of the area from the residential districts in the city and the buffer provided by the Chicago Executive Airport along the northern side of the district, Palatine Road, a state highway, along the southern boundary of the district and B-2 along the eastern side of the district, the B-5 district provides regulation of the location of sexually oriented businesses so as to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials. intended to provide sites to accommodate those uses that serve large segments of the population with a wide variety of business and commercial uses.

   B.   Adult Uses. Adult uses shall include, but not necessarily be limited to those uses defined below. Adult uses are prohibited in any district other than the B-5 Commercial Industrial district. As used in this zoning code, the following terms shall have the following meanings:

 

   C.   Additional Restrictions On Adult Uses:

      1.   All adult uses shall be subject to the following restrictions:

         a.   No adult use shall be allowed within five hundred feet (500') of another existing adult use.

         b.   No adult use shall be located within one hundred fifty feet (150') of any residential land use.

         c.   No adult use shall be located within five hundred feet (500') of a preexisting school, childcare facility, or place of worship.

         d.   No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified anatomical areas" or "specified sexual activities", from any public way. This shall apply to any display, decoration, sign, show window or other opening.

         e.   Straddle dances are prohibited.

   D.   Permitted Uses: The following business and service uses are permitted: Any uses permitted in the B-3 general commercial district, except those permitted in the B-1 retail district.

      Adult uses, including:

      Adult cabaret;

      Adult stores;

      Adult theaters;

      Erotic dance schools;

      Erotic dance studios;

      Escort agencies;

      Massage parlors;

      Massage schools;

      Massage services;

      Uses similar to those above.

      Assembly firms, without fabrication of completely fabricated parts.

      Automobile repair garages.

      Automobile undercoating service.

      Automotive vehicle sales and leasing, new, including sales of used vehicles in conjunction therewith.

      Bakeries, manufacturing of goods.

      Beverage distributors.

      Boat and marine showroom and sales.

      Bottled gas dealers.

      Bottling works.

      Building material supplies, sales, and service.

      Business, professional and governmental offices.

      Contractor or construction offices and yards.

      Dry cleaning establishments, central plant serving more than one retail outlet.

      Electrical shops.

      Equipment rental and leasing service.

      Funeral parlors.

      Furnace supplies and service.

      Furniture cleaning, upholstering and repair shops.

      Glazing shops.

      Greenhouses, retail sales.

      Laundries, central plant serving more than one retail outlet.

      Lawn mower sales and repair shops.

      Linen, towel, diaper and similar supply services.

      Machine shops.

      Machinery sales.

      Motorcycle sales, service and repair shops.

      Music schools.

      Nurseries, retail sales.

      Personnel training centers.

      Plumbing and heating showrooms and shops.

      Printing, publishing, and lithography establishments.

      Public services uses:

      Electric substations, gas regulator stations.

      Police and fire stations.

      Public water towers, water works and wells.

      Pumping stations and reservoirs.

      Other similar public service uses.

      Roofing sales and service.

      Schools, music, trade, vocational.

      Sewer and septic tank cleaning and rodding service.

      Sheet metal shops.

      Sign contractors.

      Snowmobile sales and service.

      Swimming pool sales and service.

      Trade schools.

      Truck sales and service.

      Undertaking establishments.

      Vocational schools.

      Warehouses.

      Water softener service.

      Welding shops.

      Wholesale establishments.

      Window cleaning firms.

      Other permitted uses:

      Accessory uses as defined in chapter 3 of this title.

      Fences, in accordance with the provisions of chapter 3 of this title.

      Off street parking and loading facilities, in accordance with the provisions of chapter 8 of this title.

      Signs, in accordance with the provisions of chapter 9 of this title.

   E.   Special Uses: Same Special Uses as are allowed by special use permit in the B-3 Commercial, Wholesale and General Service District except those special uses permitted in the B-1 Retail District.

   F.   Prohibited Uses: All uses not expressly authorized in subsections D and E are expressly prohibited.

   G.   Performance Standards: The provisions for performance standards shall be the same as those in the B-3 district.

   H.   Minimum Lot Size: A minimum of three (3) acres for each permitted use. Minimum lot width one hundred fifty feet (150').

   I.   Required Yards:

      1.   Front Minimum: fifty feet (50').

      2.   Interior Side Yard: fifty feet (50') from adjacent zoning lot.

      3.   Corner Side Yard: Structures a minimum of one hundred feet (100').

      4.   Rear Yard: Minimum of one hundred feet (100').

      5.   Transitional Yard: (Same as B-3).

   J.   Lot Coverage: Not more than thirty percent (30%) by building or including accessory structures

   K.   Floor Area Ratio: Maximum FAR = 1.2

   L.   Special Provisions: The same special provisions listed for the B-3 District shall apply.

   M.   Performance Standards: The same performance standards listed for the B-3 District shall apply.

   N.   All Remaining Standards: All remaining standards not otherwise listed in this section shall be the same as those listed for the B-3 District.

(Ord. O-23-13, 6-12-2023)