The following uses of land or buildings are permitted:

Any use permitted in the B1 office business district.

Air conditioning and heating sales.

Antique shops.

Art and school supply stores.

Bakery shops, including the baking and processing of food products when prepared for retail use on the premises.

Banks and trust companies, savings and loan associations and similar institutions.

Barber shops, beauty parlors, chiropody, massage or similar personal service shops.

Bicycle, but not motorcycle, sales and service.

Book and stationery stores.

Camera and photographic supply shops for retail sale.

Candy and ice cream shops.

Carpet, rug and linoleum stores.

China and glassware stores.

Clothing stores.

Coin and philatelic stores.

Custom dressmaking, millinery, tailoring, or shoe repair shops, when conducted for retail sales on the premises only.

Department stores.

Drug stores.

Dry-cleaning, automatic self-service type.

Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than seven hundred fifty pounds of dry goods per day, and when using perchlorethylene or other similar noninflammable solvents approved by the fire department.

Dry goods stores.

Electrical appliance—household—stores and repairs, but not including appliance assembly or manufacturing.

Employment agencies.

Florist shops and conservatories for retail trade on the premises only.

Food, meat and fruit stores.

Frozen food stores and food lockers.

Furniture stores, and upholstery when conducted as a part of the retail operations and secondary to the main use.

Furriers, when conducted for retail trade on the premises only.

Gift shops.

Haberdasheries.

Hardware stores.

Hobby stores.

Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as a part of the retail operations and secondary to the main use.

Jewelry and watch repair shops.

Laundries, automatic self-service type.

Laundries, hand, employing not more than three persons on the premises.

Leather goods and luggage stores.

Locksmiths.

Millinery shops.

Musical instrument sales and repair, retail trade only.

Offices, business and professional, including medical clinics.

Opticians, optometrists.

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

Package liquor stores.

Paint and wallpaper stores.

Pet shops, including animal hospitals, when conducted wholly within an enclosed building, provided there are no objectionable odors or noises.

Photo developing and processing shops.

Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.

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

Plumbing and heating showrooms and sales.

Postal stations.

Private clubs and lodges of fraternal and religious organizations, when not operated for profit.

Public utility collection offices.

Restaurants, tearooms, or cafes, when the establishment is not of the drive-through type where food is served to occupants remaining in motor vehicles.

Schools—art, dancing, vocational, professional and business.

Shoe and hat stores; shoe repair shops.

Signs, as regulated by Chapter 5.64. Sporting goods stores.

Telegraph offices.

Telephone booths, public.

Tobacco shops.

Toy stores.

Travel bureaus and transportation ticket offices.

Typewriter and adding machine sales and service.

Wearing apparel shops.

Accessory uses, as defined in Section 18.28.010, including off-street parking and loading facilities, as permitted or required in accordance with the provisions of Chapter 18.44.

Residential living units if located above the first floor.

(Ord. No. 2013-1985, § 2, 3, 1-8-13; Ord. No. 2010-1838, § 2, 1-12-2010; Ord. 04-1636 § 2, 2004; Ord. 64-682 § 3.6-1, 1964)

The regulations governing height and setbacks in the B1 district shall apply in the B2 district.

(Ord. 64-682 § 3.6-2, 1964)

The regulations governing special uses in the B1 district shall apply in the B2 district. In addition thereto, the following may be allowed as special uses in the B2 district by the plan and zoning commission in accordance with the requirements and procedures in Chapter 18.48.

(1)

A light manufacturing use, provided that the plan and zoning commission shall make a finding of fact that:

(A)

The use shall be operated in such a way as to be free from any offensive noise, smoke, odor, vibration, or other nuisance,

(B)

The maximum coverage of all buildings and structures on a lot or parcel shall not exceed sixty percent of the ground area of such lot or parcel,

(C)

All manufacturing and business activities, other than off-street parking and loading, shall take place within enclosed buildings,

(D)

The architectural appearance and layout of the buildings will not have a detrimental effect on properties in the surrounding neighborhood, and

(E)

All open spaces other than areas devoted to off-street parking and loading, access drives, and walkways shall be suitably landscaped;

(2)

Adult Use Cannabis Dispensing Organization;

(3)

Drive-through restaurants;

(4)

Establishments which serve directly to customers in vehicles: Drive-up windows.

(5)

Facilities for installation of mobile cellular telephones; and

(6)

Firearms sales and repair.

(Ord. No. 2020-2357, § 3, 9-8-2020; Ord. No. 2020-2356, § 3, 8-25-2020; Ord. No. 2017-2260, § 17, 12-12-2017; Ord. No. 2013-1985, § 4, 1-8-2013; Ord. 90-1276 § 1, 1990: Ord. 67-733 § 6, 1967: Ord. 64-682 § 3.6-3, 1964)

(a)

Residential living units, including lodging rooms, are not permitted below the second floor except in a building allowed as a special use by the plan and zoning commission.

(b)

All business establishments shall be retail or service establishments dealing directly with consumers, except for wholesale establishments where the storage of merchandise is limited to samples only. All goods produced on the premises shall be sold at retail on the premises where produced.

(c)

All business, servicing, storage, or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(d)

Establishments of the drive-in type offering entertainment, food, goods and/or services directly to customers waiting in parked motor vehicles are not permitted.

(e)

Outdoor seating for restaurants.

1.

Definition. As used in this section, the following definition shall apply:

Restaurant, outdoor seating: An outdoor seating area is defined as any portion of a business establishment where the principal business activity is the sale and consumption of food on-premises, and is unenclosed and not used for other purposes.

2.

Outdoor seating accessory to a restaurant, fast-food restaurant or food establishment meeting the above definition shall be treated as a temporary use, subject to approval in accordance with the procedures and standards set forth in this article. In addition, all such outdoor seating shall meet the following standards:

(a)

The outdoor seating area is to be open to the sky with the exception that it may have a retractable awning, umbrella, or be placed under a building canopy and may contain furniture including tables, chairs, railings, planters, etc., which are readily moveable.

(b)

The seating may be located on public property or a public right-of-way provided that four feet of the public sidewalk remains obstruction free. If seating is provided on public sidewalk a certificate of insurance with the Village of Westchester listed as an additional non-contributory insured and a certificate holder is required. The seating may be located on private sidewalks or pedestrian walkways provided that four feet of the walkway remains obstruction free. If alcohol is to be served, a fence or similar barrier shall be constructed around the outdoor seating area where liquor is served.

(c)

The outdoor seating area may be located in any required yard or setback.

(d)

The seating shall not occupy or interfere with the use of required parking spaces, aisles, driveways, fire lanes and fire exits.

(e)

The seating shall not occupy or interfere with the use of building entrances, exits and pedestrian walkways.

(f)

Off-street parking shall comply with existing ordinance requirements with respect to the additional area occupied by the outdoor seating or the number of seats contained therein.

(g)

Lighting which is directly related to the operation of the outdoor seating area shall be directed away from adjacent properties in such a manner as shall not create a public nuisance.

(h)

No entertainment, whether live, recorded or otherwise, shall be permitted in the outdoor seating area.

(i)

The outdoor seating area shall be immediately adjacent to the principal building. If the outdoor seating area only includes tables and/or seating immediately adjacent to the exterior wall of the principal building, no fencing shall be required. If the outdoor seating shall include tables and/or seating not immediately adjacent to the exterior wall of the principal building, fencing shall be required.

(j)

The outdoor seating area shall conform to the site plan with seating plan drawn to scale and elevation drawings, and be adequately landscaped and/or screened as determined necessary by the director of community development.

(k)

All outdoor seating shall be placed on an all-weather hard surface area.

(l)

All outdoor seating areas shall comply with current life safety and exit code requirements adopted by the village as now existing or hereafter amended.

(m)

The outdoor furniture may be left out overnight, but in no case shall be locked up, secured or stored in an unattractive or unorganized manner.

(n)

Outdoor seating areas shall be adequately landscaped as determined necessary by the director of community development or his/her authorized designee.

(o)

Outdoor seating areas may contain an area for grilling food that complies with Municipal Code Section 8.12.180 outdoor grilling at fixed food establishments.

(3)

A business license for the outdoor seating area is required prior to the opening of the outdoor seating area. The business license is valid from March 1 ^st through November 30 ^th and needs to be renewed annually. Within twenty-four hours of the occupancy permit expiring all outdoor furniture must be removed.

(4)

Picnic tables located at a park, golf course, or recreation center shall not be deemed "outdoor seating" subject to (1)—(3) above.

(Ord. No. 2014-2067, § 4, 6-10-2014; Ord. No. 2013-1985, § 5, 1-8-2013; Ord. 64-682 § 3.6-4, 1964)

(Ord. No. 2017-2260, § 17, 12-12-2017; Ord. No. 2015-2164, § 2, 12-15-2015)

Adult-Use Cannabis Business Establishments

Adult-Use Cannabis Craft Growers

Adult-Use Cannabis Cultivation Centers

Adult-Use Cannabis Infuser Organization or Infusers

Adult-Use Cannabis Processing Organization or Processors

Adult-Use Cannabis Transporting Organization or Transporters

(Ord. No. 2020-2357, § 4, 9-8-2020; Ord. No. 2019-2320, § 4, 12-17-2019)