The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the district regulations in the D Commercial Districts.

(Revised Zoning Ord., 8-15-1993)

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

Any use permitted in the C Multiple Dwelling Districts.

Advertising signs and bulletin boards as provided in the Sign and Other Advertising Structures Code (see title 11, chapter 7 of this Code for signs and other advertising devices).

Bakery, whose products are sold only at retail on the premises.

Bank.

Barbershop or beauty parlor.

Business or commercial school, or dancing or music academy.

Catering establishment.

Curtain cleaning and rug cleaning store not employing more than seven (7) persons on the premises.

Dyeing and cleaning works, provided the cleaning fluid used has a base which is of a material other than petroleum or one of its derivatives and that not more than seven (7) employees shall be engaged upon the premises.

Electric distribution center and gas regulating center constructed in compliance with the height and area regulations of this article.

Food storage lockers.

Furnace, heating, and sheet metal shops or stores not employing more than seven (7) persons on the premises.

Hospital and clinic for animals, but not open kennels.

Laundromat.

Local service store or repair shop when used to supply a service to residents of the Village or to those in the immediate surrounding area, but involving no manufacturing on the premises, and where the treatment of materials is such that the noise, dust, odor, gas or smoke resulting from the process or treatment will not be objectionable to the surrounding residence districts. Not more than seven (7) persons shall be employed in any service store or repair shop.

Milk distributing stations, but not involving any bottling on the premises.

Offices.

Plumbing shop employing not more than seven (7) persons on the premises.

Public garage; provided, however, that the portion of the public garage that is used for the servicing or repair of autos shall not occupy more than sixty percent (60%) of the total floor area.

Public stadiums, sports complexes and related parking structures within the Ballpark Zone area bounded by Balmoral Avenue on the south, Pearl Street on the west, Jennie Finch Way (Bryn Mawr Avenue) on the north and I-294 on the east.

Radio broadcasting and telecasting stations, studio, and offices.

Recreation or amusement building.

Retail store or shop.

Sales room or showroom.

Tailor, millinery, dressmaking or similar shops.

Taxicab office or stand.

Undertaking establishment, but only when permanent off street parking space is provided on the lot or within two hundred feet (200') thereof, which space is adequate to accommodate one car for every seven (7) seats provided in the chapel or rooms where funeral services are conducted.

Upholstery shop not employing more than seven (7) persons on the premises, and not involving any furniture manufacturing whatsoever.

Used car sales or storage lots.

(Revised Zoning Ord., 8-15-1993; amd. Ord. 2017-3-8E, 3-8-2017)

   A.   Hotels, motels, restaurants, car washes, commercial parking lots, theaters, gasoline filling stations, billboard-type advertising signs and other pole-type advertising signs which advertise activities, products or services that are not conducted on the premises on which the signs are located when such advertising signs are located within six hundred sixty feet (660') of the right-of-way for an “interstate highway” or a “primary highway” as defined in the Illinois Highway Advertising Control Act of 1971 (225 ILCS 440/1 et seq.), public passenger vehicle storage, and long term airport parking may be allowed by special use permit issued by the Village Board of Trustees after a public hearing thereon before the Zoning Board of Appeals.

(Ord. 2014-5-14G, 5-14-2014; amd. 2019 Code)

   B.   The special use provisions of this section shall only apply to new hotel, motel, restaurant, car wash, commercial parking lot, theater and gasoline filling station uses established after September 15, 1976, shall apply only to new advertising signs on which construction began after January 31, 2008, and shall only apply to new public passenger vehicle storage uses established after June 8, 2011.

   C.   Any hotel, motel, restaurant, car wash, commercial parking lot, theater and gasoline filling station established under the provisions of this title prior to September 15, 1976, shall be considered as a lawful conforming use for all purposes under the this title.

   D.   Any billboard-type advertising signs and other pole-type advertising signs which advertise activities, products or services that are not conducted on the premises where such signs are located and which are located within six )hundred sixty feet (660') of the right-of-way for an “interstate highway” or a “primary highway”, as defined in the Illinois Highway Advertising Control Act of 1971 (225 ILCS 440/1 et seq., which were erected or on which construction began prior to February 1, 2008, shall be considered as lawful conforming uses for all purposes under this title.

   E.   It shall not be lawful to use commercial parking lots established prior to May 14, 2014, for long- term airport parking without approval of a long-term airport parking special use, and then only to the extent that the parking capacity of such commercial parking lots is not required under this title to be provided for employee use or for short-term patron or guest use.

(Ord. 2014-5-14G, 5-14-2014)

The following land use provisions and building requirements are established for land and uses subject to a redevelopment plan and redevelopment agreement and within redevelopment project areas in the Village. Development in accordance with the land uses and building requirements of this section may be allowed by special use permit issued by the Village Board of Trustees after a public hearing thereon before the Zoning Board of Appeals, notwithstanding more restrictive provisions contained in sections 12-6A-3, 12-6A-5, 12-6A-6 and 12-6A-7 of this article or in chapter 12 or 13 of this title.

(Ord. 2011-9-14G, 9-14-2011; amd. 2019 Code)

   A.   Land Uses: The building or premises may be used for any one or more of the uses permitted in section 12-6A-2 of this article and, in addition, any one or more of the following additional uses or purposes:

      1.   Regional shopping area/commercial. The regional shopping area is the high intensity, compact, pedestrian-oriented shopping center in the Village. A broad range of compatible retail and service uses are permitted, including:

All or portions of any regional shopping area/commercial may also be used for any office and/or hotel and related uses specified in subsection A2 of this section.

Off street public and private structure and interim use surface parking, including bicycle parking.

Retail trade. Those retail land uses which serve the regional market by virtue of their variety, quality, or specialization of merchandise, including food and drugs; eating establishments and eating and drinking establishments; theaters; general merchandise; apparel and accessories; furniture, furnishings, and appliances; hardware; art dealers; antiques; books, stationery and art supplies; sporting goods; toy and hobby shops; jewelry stores; florists; camera and photographic supplies; optical goods; cigar stores; news dealers; gift, novelty and souvenir stores; and other pedestrian-oriented and similar compatible and retail uses.

Services. Those appropriate activities which serve the daily convenience needs of employees and shoppers, including banks and other financial institutions; photographic studios; beauty shops and barbershops; shoe repair shops; instructional services; watch and jewelry repair; theaters; travel bureaus; blueprinting and photostating; visitor information centers; and other similar and compatible service uses.

Village facilities and services.

      2.   Office and hotel and related uses.

Financial institutions.

Hotels and motels.

Off street public and private parking structures and surface parking, including bicycle parking.

Offices. Administrative offices and office headquarters; insurance and real estate offices; professional (e.g., legal, dental and medical) offices; medical and clinical related activities; business services; and other similar and compatible uses.

Public open spaces.

Services. Those appropriate activities which serve the daily convenience needs of employees, patrons, visitors and shoppers, including banks and other financial institutions; photographic studios; beauty shops and barbershops; shoe repair shops; instructional services; watch and jewelry repair; theaters; restaurants and eating and drinking establishments; travel bureaus; blueprinting and photostating; visitor information centers; and other similar compatible service uses.

      3.   Commercial shopping area. The commercial shopping area would include a broad range of compatible retail and service uses in a compact, integrated, pedestrian oriented shopping center, but not of a regional shopping center size. Permitted uses would include all of those uses specified in subsections A1 and A2 of this section.

      4.   Schools/recreation area.

Parks, playlots, and public open space.

Public schools.

   B.   Building Heights And Massing:

      1.   Provide for the massing of buildings and related open spaces in order to create a distinct and interesting area with internal focal points for identification and orientation for pedestrians.

      2.   Building heights shall be permitted to the maximum permitted by the Federal Aviation Authority; except, that no building shall exceed one hundred seventy five feet (175') in height except upon a variation granted by the Zoning Board of Appeals as provided in subsection 12-3A-7A3 of this title.

   C.   Parking:

      1.   Provide for an adequate supply of appropriately located off street short-term patron and long- term employee parking spaces with parking ratios for uses in accordance with good planning practice. Where structures are utilized, such facilities should be visually integrated with new development. Access to such facilities should not conflict with major pedestrian movements and should be located to prevent conflicts with other vehicular movements.

      2.   Provide parking areas with buffering, screening, and/or planting as is deemed appropriate to make these facilities visually attractive.

      3.   Provide an adequate number of appropriately located parking spaces for persons with disabilities.

   D.   Building Setbacks:

      1.   Provide a minimum setback of twenty feet (20') from all highways and the northwest tollway.

      2.   Provide a sufficient setback adjacent to the Cook County Forest Preserve so that there is minimal adverse impact while allowing for reasonable use as a pedestrian connection.

      3.   Provide an adequate buffer between new development and the northwest and tri-state tollways.

   E.   Signage:

      1.   The Village Board may authorize special sign regulations, notwithstanding the provisions of title 11, chapter 7 of this Code, for permitted signage within a regional shopping area in excess of ten (10) acres in size approved as a special use pursuant to subsection A of this section.

(Ord. 2011-9-14G, 9-14-2011)

      2.   Special sign regulations may be allowed by special use permit issued by the Village Board after a public hearing thereon before the Zoning Board of Appeals.

(Ord. 2011-9-14G, 9-14-2011; amd. 2019 Code)

      3.   The special sign regulations shall establish aesthetically pleasing and cohesive design standards and specifications for regional shopping area signage, and shall regulate the area, number, height, location and illumination of all directional, tenant identification and advertising signage. Such special sign regulations shall utilize standards which are compatible with the surroundings and with the probability of traffic congestion and accidents from distracting attention or obstructing vision.

(Ord. 2011-9-14G, 9-14-2011)

No building shall exceed fifty feet (50') in height except as hereinafter provided.

(Revised Zoning Ord., 8-15-1993)

Off street parking must be provided.

(Revised Zoning Ord., 8-15-1993)

   A.   Front Yard: A twenty foot (20') front yard is required except where the frontage on one side of a street between two (2) intersecting streets is partly in the D Commercial District and partly in a dwelling district, in which event, the front yard regulations of the dwelling district shall apply.

   B.   Side Yards: The side yard regulations for dwellings are the same as those in the C Multiple Dwelling District. In all other cases, a side yard is not required except on the side of a lot abutting on a dwelling district, in which case, there shall be a side yard of not less than ten percent (10%) of the lot frontage or six feet (6'), whichever is less.

   C.   Rear Yard: The rear yard requirements for dwellings are the same as in the C Multiple Dwelling District. In all other cases, a rear yard is not required except on a lot abutting on a residence district, or where a residence district adjoins the other side of an alley, in which case, there shall be a rear yard of not less than fifteen feet (15') in depth.

   D.   Intensity Of Use: When a lot is improved with a single-family dwelling or a two-family dwelling, or when living facilities are erected above other uses, seventy five percent (75%) of the area may be built on.

(Revised Zoning Ord., 8-15-1993)

The regulations set forth in this article apply to DD Commercial Districts.

(Revised Zoning Ord., 8-15-1993)

No rezoning to DD Commercial shall be granted except to tracts of land in single ownership. Single ownership, for the purposes of this section, may consist of ownership by more than one individual; however, each individual must have an undivided interest in the whole tract. A division of a tract zoned DD Commercial to other than single ownership, subsequent to its being zoned DD Commercial, shall in no way affect or change the zoning, that is, the individual parts will still be zoned DD Commercial.

(Revised Zoning Ord., 8-15-1993)

The following uses are permitted in DD Commercial Districts:

Agricultural buildings and structures.

Animal hospitals and kennels.

Animal pounds.

Antique shops.

Apartment hotels.

Apartments, multiple dwellings.

Art and school supply stores.

Art galleries and shops and studios.

Art schools.

Auction rooms.

Automobile accessory stores.

Bakeries, including the sale of bakery products to restaurants, hotels, clubs, and other establishments.

Banks and financial establishments.

Barbershops.

Battery, tire, radiator, muffler, seat cover, and motor vehicle accessory service stations and facilities for wheel alignment and tire balancing.

Beauty parlors.

Bicycle sales, rental, and repair stores.

Blueprinting and photostating establishments.

Boat showrooms.

Book and stationery stores.

Bottling works.

Bus passenger stations and terminals.

Business machine sales and service.

Camera and photographic supply stores or sales stores.

Candy and ice cream stores.

Carpet and rug stores.

Cartage and express facilities.

Catering establishments.

China and glassware stores.

Clothes pressing establishments.

Clothing and costume rental stores.

Clothing stores.

Club, private - profit or nonprofit.

Coin and philatelic stores.

Contractor or construction offices, shops, and yards including building concrete, electrical, excavating, heating, ventilating and air conditioning, masonry, painting, plumbing, refrigeration and roofing; provided, however, that not more than ten percent (10%) of the area shall be used for the enclosed storage of materials and equipment.

Convention halls.

Crematories.

Currency exchanges.

Custom dressmaking.

Dairies for the processing, manufacture, distribution and delivery of dairy products.

Department stores.

Dressmaking establishments.

Driving schools.

Drugstores.

Dry cleaning and laundry receiving stations.

Dry cleaning, laundry and dyeing establishments.

Dry goods stores.

Electric repair shops.

Electric substations.

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

Employment agencies.

Exhibition halls.

Exterminating shops.

Fire stations.

Florist shops and conservatories.

Food stores, grocery stores, meat markets, fish markets, bakeries and delicatessens.

Frozen food lockers.

Frozen food stores, including locker rental in conjunction therewith.

Fruit or vegetable stores.

Fur storage vaults.

Furnace, heating, and sheet metal shops.

Furniture stores, including upholstering.

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

Garages for storage, repair, equipping and servicing of motor vehicles, including body and chassis rebuilding and repair, painting, engine rebuilding, sales of fuels and lubricants, sale of accessories, sale of tires and batteries, washing facilities, facilities for chassis and gear lubrication, wheel alignment and balancing and undercoating of motor vehicles.

Garden supply and seed stores.

Gas regulator stations.

Gift shops.

Glass sales and repair shops.

Golf courses, tennis and handball courts.

Greenhouses, retail and wholesale.

Haberdasheries.

Hardware stores.

Heliports, commercial and private.

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

Hosiery shops.

Hospitals and sanitariums.

Ice cream or confection plants for the manufacture of ice cream or confections.

Ice cream stores, parlors or soda fountains.

Indoor and outdoor sales, display, storage, rental, or leasing for use off the premises, maintenance, repair, and remodeling of all types of new and used trailers, campers and like vehicles, including camper buses, camper trucks, motor homes, motor offices, mobile homes, house trailers, mobile offices, pickup campers, pickup coaches, caps, travel trailers, vacation trailers, camper trailers and office trailers. In connection with the operation of any of the aforesaid businesses, accessories, parts, equipment and merchandise may be sold and stored, and a trailer, camper or like vehicle as aforesaid, or more than one of them, may be used for an office or offices and for the storage and sale of accessories, parts, equipment, and merchandise.

Indoor display for sale or rent, etc., of new or used motor vehicles, merchandise, machinery, equipment and other items or chattels generally.

Interior decorating shops.

Jewelry stores.

Kindergarten and nursery schools.

Knit shops, including sale of yarns and finished products.

Laboratories, medical and dental.

Launderettes, automatic, self-service only, or hand laundries.

Laundries.

Lawn motor sales or repairs.

Leather goods and luggage stores.

Libraries.

Linen, towel, diaper and other supply services.

Liquor stores, package.

Live bait stores.

Locksmith shops.

Lodges.

Machine shops or woodworking shops.

Mail order houses.

Medical and dental clinics.

Meeting halls.

Millinery shops.

Monument sales and sales lots, including engraving of monuments.

Musical instrument sales and repair.

Newspaper distribution agencies for home delivery and retail trade.

Office supply stores.

Offices, business or professional or other types and kinds generally.

Optician sales.

Orthopedic and medical appliance stores, including the assembly and repair of such articles.

Paint and wallpaper stores.

Philanthropic and eleemosynary institutions.

Phonograph record and sheet music stores.

Photo engraving establishments.

Photographic studios.

Physical culture and health services, gymnasiums, reducing salons, massage salons and public baths.

Picture framing.

Plumbing and heating showrooms and shops; gas, steam or water fitting shops.

Police stations.

Post offices.

Printing plant.

Public parks or playgrounds.

Public utility service substations, electric, gas, telephone and water.

Publishing plant.

Radio and television service and repair shops.

Real estate and insurance offices.

Recording studio.

Religious institutions, churches, chapels, temples, and synagogues.

Research, experimental, process or product development laboratories and facilities.

Rest homes and nursing homes.

Roofing or plastering shops.

Schools; commercial or trade.

Schools; general educational, colleges and universities.

Schools; music, dance, or business.

Sewing machine sales and service.

Sharpening or grinding shops.

Shoe, clothing and hat repair stores.

Shoe stores.

Shops for making draperies, slipcovers and other similar articles.

Snack or sandwich shops.

Sporting goods stores.

Stores or shops or buildings or plants for developing of film and pictures.

Tailor shops.

Taverns, including live entertainment and dancing.

Taxidermists.

Telephone booths and coin telephones (outdoor).

Telephone exchanges.

Telephone transmission equipment buildings and microwave.

Temporary real estate tract offices for the purpose of conducting the sale of lots of the tract upon which such tract office is located.

Ticket agencies, amusement.

Tinsmith shops.

Tire repair shops.

Tobacco shops.

Tool shops.

Toy shops.

Travel bureau and transportation ticket offices.

Undertaking establishments and funeral parlors.

Upholstery shops.

Variety stores.

Vending machines, including ice and milk sales.

Watch repair shops.

Waterworks, reservoir, pumping station and filtration plants and other public utilities.

Wearing apparel shops.

Welding shops.

(Revised Zoning Ord., 8-15-1993)

   A.   Hotels, motels, restaurants, car washes, commercial parking lots, theaters and gasoline filling stations and billboard-type advertising signs and other pole-type advertising signs which advertise activities, products or services that are not conducted on the premises on which the signs are located when such advertising signs are located within six hundred sixty feet (660') of the right-of-way for an “interstate highway” or a “primary highway”, as defined in the Illinois Highway Advertising Control Act of 1971 (225 ILCS 440/1 et seq.), may be allowed by special use permit issued by the Village Board of Trustees after a public hearing thereon before the Zoning Board of Appeals.

(Ord. 2008-1-9M, 1-9-2008; amd. 2019 Code)

   B.   The special use provisions of this section shall only apply to new hotel, motel, restaurant, car wash, commercial parking lot, theater and gasoline filling station uses established after September 15, 1976, and shall apply only to new advertising signs on which construction began after January 31, 2008.

   C.   Any hotel, motel, restaurant, car wash, commercial parking lot, theater and gasoline filling station established under the provisions of this title prior to September 15, 1976, shall be considered as a lawful conforming use for all purposes under this title.

   D.   Any billboard-type advertising signs and other pole-type advertising signs which advertise activities, products or services that are not conducted on the premises on which the signs are located and which are located within six hundred sixty feet (660') of the right-of-way for an “interstate highway” or a “primary highway”, as defined in the Illinois Highway Advertising Control Act of 1971 (225 ILCS 440/1 et seq.), which were erected or on which construction began prior to February 1, 2008, shall be considered as lawful conforming uses for all purposes under this title.

(Ord. 2008-1-9M, 1-9-2008)

There shall be a fifty foot (50') limitation on the height of a building in a DD Commercial District. (Revised Zoning Ord., 8-15-1993)

Off street parking must be provided.

(Revised Zoning Ord., 8-15-1993)

For any DD Commercial District property fronting on any numbered State or Federal highway, there shall be a twenty foot (20') setback from said roads for buildings only. The term “buildings”, for the purpose of this section, shall mean buildings which are affixed into the land.

(Revised Zoning Ord., 8-15-1993)

When a lot is improved, there shall be a seventy five percent (75%) limitation on intensity of use in DD Commercial Districts.

(Revised Zoning Ord., 8-15-1993)

   A.   The use of the word “and” in this article shall in no way be construed that it be mandatory that one use be conducted with another use or one aspect of a use be conducted with another aspect of the use.

   B.   The use of the word “or” in this article shall in no way be construed as making the conducting of any use alternative to the conducting of any other use or the conducting of any aspect of a particular use an alternative to the conducting of any other aspect of the particular use.

   C.   When a particular use in this article is set forth with several of its aspects, it shall not be construed to mean that it is mandatory that more than one aspect of the particular use be conducted.

   D.   The word “other”, when used in section 12-6B-3 of this article and in this section, unless it is used in conjunction with the word “similar”, shall not be construed so as to prohibit the dissimilar.

   E.   The word “including”, when used in this article preceding an expressly set forth list of uses or list of aspects of uses or list of aspects of a particular use, shall not be construed as prohibiting other than those expressly set forth uses or aspects of uses or aspects of a particular use.

   F.   When a use or aspect of a use is set forth in the plural, the conducting of the use or aspect of the use in the singular shall not be prohibited. Likewise, the listing of uses or aspects of uses in sequence does not prohibit their being conducted in the singular. When a use or aspect of a use is set forth in the singular, the conducting of the use or aspect of the use in the plural shall not be prohibited.

   G.   Repetition or overlap among the uses or aspects of uses set forth in this article shall not be construed as causing a use or aspect of a use to conflict with, limit or restrict any other use or any other aspect of a use.

   H.   Nothing in this article shall be construed to prohibit the conducting of more than one related or unrelated use or aspect of a use in one building or establishment or on one premises.

   I.   When used in this article, the word “shall” is not to be construed as the equivalent of the word “may”, that is, the word “shall” is mandatory and not directory.

(Revised Zoning Ord., 8-15-1993)

On account of the wide scope of this article and its uses, both permitted and special, and on account of the other provisions, regulations and rules of this article, and so as to prevent the wide scope of this article and its uses, both permitted and special, from being inadvertently diminished or its uses, both permitted and special, provisions, regulations and rules from being inadvertently changed, limited, restricted, prohibited or repealed, and to prevent the inadvertent repealing of this article or any part thereof, the following rule shall apply to this article: Any and all repealing provisions of any and all ordinances and any and all zoning or repealing ordinances and any and all provisions, rules or regulations, or amendments to zoning or repealing ordinances of the Village, including an ordinance known as “Zoning Regulations of the Village of Rosemont” to which this article is an amendment, whether they be now existing or are enacted in the future, which conflict with or repeal this article in any way or in any way repeal, limit, restrict or prohibit any of the uses, either special or permitted, or regulations or rules or provisions of this article, shall not, only insofar as they conflict with or repeal this article or repeal, limit, restrict or prohibit any of the uses, either special or permitted, or regulations or rules or provisions of this article, apply to or affect this article, its regulations, rules, provisions, or uses, either special or permitted, in any way, unless they specifically include this article within their scope, and this specific inclusion shall only be accomplished by their expressly setting forth the name of this article, i.e., “DD Commercial District”. The use of the word “zoning districts” or any other word or term or words or terms or combinations thereof, without expressly using the words "DD Commercial Districts", shall be insufficient to accomplish the inclusion.

(Revised Zoning Ord., 8-15-1993)