(A) General. The HB Highway Business District is intended to accommodate and regulate strip commercial developments and compatible uses, both retail and wholesale, which draw their patrons primarily from the motoring public. Such uses typically require direct access to major streets and large off- street parking and loading facilities.
(B) Permitted uses. Provided all the use restrictions of this district are observed, the following shall be considered permitted uses in the HB District:
(1) Accounting, bookkeeping and auditing services;
(2) Agricultural implements, sales and service;
(3) Ambulance and paramedic services;
(4) Animal hospitals and clinics;
(8) Architectural and planning services;
(9) Art galleries, commercial;
(10) Art and school supply stores;
(11) Auction rooms or barns;
(12) Auto accessory stores;
(13) Auto dealers, new or used;
(14) Auto driving instruction;
(15) Auto washing, including the use of mechanical conveyers, blowers and steam cleaning;
(16) Auto renting facilities;
(17) Auto service stations;
(18) Auto undercoating and rustproofing services;
(19) Bakeries, wholesale;
(20) Banks, savings and loans, and other financial institutions;
(21) Bars, taverns, and lounges;
(22) Barber and hairstyling shops;
(24) Beverages, nonalcoholic, bottling and distributing;
(25) Bicycle stores; sales, rental and repair;
(26) Boat sales, repair and services;
(27) Book and stationery stores;
(29) Building materials and products; sales and storage;
(30) Building trades showrooms and shops;
(31) Business and office machine sales and services;
(32) Business condominiums, requirements of § 154.079 need to be met; (33) Bus passenger stations;
(36) Candy and confectionery stores;
(37) Catering establishments;
(38) China and glassware stores;
(39) Churches, chapels, temples and synagogues;
(40) Clothing and costume rental;
(42) Contractors, offices and shops;
(45) Dairy products stores;
(46) Dance/performing arts studios;
(51) Dry cleaners and laundromats;
(54) Dwelling, single-family;
(55) Electrical repair services;
(56) Employment agencies;
(57) Engineering and surveying services;
(58) Equipment rental and leasing services;
(59) Extermination services;
(60) Fast-food or drive-in restaurants;
(62) Floor covering stores;
(68) Glass cutting and glazing establishments;
(69) Governmental uses of the village;
(71) Gymnasiums, health clubs, and spas;
(74) Home appliance stores, repair shops;
(76) Indoor movie theaters;
(77) Indoor tennis or racquetball clubs;
(80) Laboratories; medical, dental, or optical;
(81) Landscaping services;
(83) Leather goods and luggage stores;
(85) Machinery sales and services;
(87) Martial arts studios;
(89) Medical and dental clinics, supplies;
(90) Messenger and telegraph services;
(91) Mobile and manufactured home sales;
(92) Model homes and garage displays;
(95) Motor vehicle repair and servicing facilities;
(98) Newspaper and periodical publishers;
(100) Nurseries and greenhouses;
(101) Office supply and stationery stores;
(102) Offices including medical, dental, legal, optical, philanthropic, charitable, fraternal, not-for-profit, and other such services;
(103) Package liquor stores;
(104) Paint and wallpaper stores;
(105) Painting and decorating businesses;
(106) Parking lots and garages;
(107) Parks and playgrounds;
(108) Payday loan establishments:
(109) Pet shops or animal hospitals in an enclosed building;
(110) Photography, commercial studio;
(111) Police or fire stations;
(113) Public libraries, art galleries, and museums;
(114) Radio and television stations;
(115) Radio, television, and stereo sales;
(116) Real estate agencies;
(118) Recording or sound studios;
(119) Recreational and community centers;
(120) Recreational vehicle sales;
(121) Rectories, parsonages, and parish houses;
(122) Repair shops; shoes and clothing;
(124) Sharpening and grinding businesses;
(126) Sporting goods stores;
(127) Swimming pools, public or private;
(130) Telephone exchange and equipment buildings;
(131) Temporary buildings or trailers for construction purposes and for a period not to exceed the period of construction;
(132) Tennis clubs and courts, outdoors;
(133) Tire, battery, and other motor vehicle accessory services;
(136) Trailer sales and rentals (house trailers);
(139) Veterinary clinics;
(140) Video stores, rental and sales;
(141) Accessory uses, buildings, and structures in accordance with § 154.056. (C) Special uses. Provided, all the use restrictions of this district are observed, the following shall be considered special uses in the HB District and allowed only in accordance with § 154.213(A) of this chapter: (1) Amusement establishments;
(3) Arboretums or botanical gardens;
(4) Arcades or amusement halls;
(6) Billiard and pool halls;
(7) Business, art, dance or commercial schools;
(8) Colleges, junior colleges, and universities;
(9) Convalescent homes, nursing homes, homes for the aged, homes for the ill or physically infirm, intermediate care facilities, sheltered care facilities, skilled nursing homes, and specialized living accommodations;
(10) Day care centers, nursery schools, and pre-schools;
(11) Development less than 175 feet from any public school;
(13) Dwelling, multiple-family;
(14) Elementary and junior high schools;
(15) Fairgrounds and exhibition grounds;
(16) Federal, state, county or municipal garages;
(18) Gaming establishments;
(19) Golf courses; public and private;
(20) Golf driving ranges;
(21) Governmental uses other than those of the village;
(28) Indoor skating rinks;
(29) Independent living facility;
(33) Massage establishments (as defined), in accordance with this chapter;
(34) Miniature golf courses;
(35) Mobile classrooms, temporary;
(38) Seminaries, monasteries, convents, and retreat houses;
(40) Stadiums and auditoriums;
(41) Tattoo and body-piercing establishments;
(42) Telecommunication facilities;
(44) Transit or transportation facilities;
(45) Utility substations in accordance with Section 20-416;
(47) Warehousing and storage;
(48) Wholesale businesses;
(49) Cannabis dispensaries;
(D) Area/bulk restrictions. The following area/bulk restrictions shall apply to all buildings or structures in the HB District.
(a) Lot area: 18,000 square feet;
(b) Lot width: 120 feet; and
(a) From front lot line: 30 feet;
(b) From either side lot line: 20 feet; and
(c) From rear lot line: 25 feet.
(3) Maximum building height. Three stories, with a maximum height of 50 feet.
(E) Parking regulations. Off-street parking shall be provided for every use in the HB District in accordance with the provisions of §§ 154.115 through 154.133 of this chapter. (F) Sign regulations. Any sign erected in the HB District shall conform to the provisions of §§ 154.145 through 154.158 of this chapter. (G) Supplemental regulations. The purpose of this section is to provide visual buffers and reduce the negative effects associated with accessory functions of business establishments, which may be detrimental to other property values in the immediate area. Accessory functions can include, but not be limited to, outside storage, outside repairs and outside displays of merchandise. Proper screening of refuse containers and outside storage areas can reduce the unsightliness associated with these areas. Also, visual screening between commercial and residential districts helps ease the transition from one district to the next. Overall, these regulations are intended to make commercial properties more aesthetically pleasing to all adjacent properties and the motoring public.
(1) Repairs indoors. All repair and maintenance services shall be conducted completely within enclosed structures.
(2) Outside storage. Outside storage areas may be open to the sky, but shall be enclosed by a wall or solid fence at least eight feet high.
(3) Outside display of merchandise. Merchandise displayed outside of any structure within any business district, whether placed on the ground, on a platform or on or in a vehicle, shall be displayed no less that 30 feet from the front property line. Exceptions:
(a) Automobile, truck, motorcycle, RV and boat dealerships;
(b) Merchandise displayed between gasoline dispenser pumps at auto service stations;
(4) Refuse containers. All refuse generated by facilities located within this district shall be stored in tightly-covered containers placed in visually-screened areas and in accordance with the following provisions. Exception: containers used for paper recycling are not required to be placed within visually screened areas.
(a) The standard refuse container required by this chapter shall be a receptacle of impervious material and sturdy construction, with a tight-fitting cover and equipped with handles properly placed to facilitate handling.
(b) The occupant of every building, structure or premises used or maintained in connection with any business or occupation, shall provide and maintain in good condition and repair a sufficient number of refuse containers for the temporary storage of all refuse accumulating between collections.
(c) It shall be the duty of the occupant of every building, structure or premises used or maintained in connection with any business or occupation, to cause to be removed, at his or her own cost and expense, at least once each week, all refuse produced therein.
(d) Every person owning or controlling any hotel, restaurant, cafe or retail food establishment where more than 32 gallons of refuse is normally produced each week shall cause all garbage to be placed in sanitary refuse containers and shall cause all substances deposited in such containers to be removed daily from his or her premises and to be disposed of at his or her own expense.
(5) Screening. Along the side and rear lot lines of any business use which abut a residential district, screening shall be installed in the form of a wall, solid fence or closely planted shrubbery, which is at least six feet high and which completely blocks the view from the adjacent residential property.
(H) Special regulations, business condominiums.
(1) Business condominiums shall be required to conform to all of the area bulk restrictions contained in division (D) above. The minimum lot size shall be determined by measurements of the lot upon which the structure shall be situated. Minimum setbacks shall be determined from the location of the building structure upon the building lot. Private ownership of individual portions of a building shall in no way effect minimum setback requirements for that lot.
(2) All uses which occupy a building condominium unit must be in conformity with division (B) above, reflecting permitted uses in a Highway Business District or may be special uses permitted under division (C) above; provided, however, that, all procedures and requirements of the Land Development Code with regard to special uses have been complied with.
(3) The developer of a business condominium unit shall submit a maintenance agreement, which shall be signed by each individual owner of any unit within the condominium complex. Said maintenance agreement shall provide for cooperative maintenance of all common areas including parking areas so as to ensure for the future maintenance of the business condominium.
(I) Notice of public hearing.
(1) Notices of public hearing are required to be sent to property owners within 250 feet of proposed developments and zoning decisions regarding specific parcels at the expense of the applicant for special uses.
(2) A notice of public hearing sign is required to be posted at all parcels of proposed special uses in HB - Highway Business.
(Ord. 1464, passed 8-7-2006; Ord. 1473, passed 11-6-2006; Ord. 1699, passed 3-17-2014; Ord. 1874, passed 12-2-2019; Ord. 1876, passed 1-6-2020; Ord. 1953, passed 2-20-2024; Ord. 1973, passed 11-4-2024)