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Winthrop Harbor City Zoning Code

B-3 SHOPPING

CENTER DISTRICT

§ 154.105 PURPOSE.

   It is expected that as the population of the village increases, one or more local or regional shopping centers will be needed to serve the people of the village and its retail trade area. The probability that additional commercial development will be needed does not mean that appropriate locations for it can be designated with precision at this time. However, the corporate authorities of the village deem it in the public interest to declare, through the provisions of this section, their intent to encourage such development and to set forth the standards that shall be applicable thereto. These regulations are designed, therefore, to set out in considerable detail the circumstances under which property will be classified for shopping center use and the regulations that will apply when property has been so rezoned. Such a procedure will protect all property owners in the village because each proposed shopping center will be reviewed in the light of the specific standards in § 154.106 to determine whether it will serve the convenience and welfare of the surrounding residential area and the community generally without having any detrimental or deleterious effect on the use, value, and enjoyment of other adjacent or nearby residential property or on the safe and expeditious movement of traffic in the public streets.
(Ord., passed 2-18-64)

§ 154.106 STANDARDS.

   No shopping center or facility, or building or structure therein, shall be constructed, and no use of land shall be established in a B-3 Shopping Center District unless a plan of development showing the overall design and arrangement of the tract or lot to be developed shall have been approved by the Plan Commission and by the Board of Trustees. The plan of development shall show the location and arrangement of all proposed buildings, parking areas, walks, lighting, landscaping, and appurtenant facilities. A plan of development for property located within the B-3 Shopping Center District shall be approved if there is compliance with the restrictions contained in this subchapter and with the following standards:
   (A)   No building shall be used for residential purposes.
   (B)   All ground floor business establishments shall be retail or service establishments dealing directly with customers. Notwithstanding the foregoing, duly licensed recreational cannabis craft growers and recreational cannabis infuser organizations may produce products on the licensed premises for sale at other locations permitted by the Cannabis Regulation and Tax Act (P.A. 101-0027), consistent with any terms and conditions within the business’ applicable conditional use permit.
   (C)   All operations, activities, and storage shall be conducted and maintained wholly inside enclosed buildings, except for automobile parking spaces and off-street loading areas, and except that merchandise may be kept in any open area for immediate sale or temporary display. As a function of a permitted use, outdoor cafe dining and beer gardens are permitted, subject to the regulations provided in § 110.25 and § 110.31 of this code.
   (D)   Exterior lighting fixtures shall be so constructed or shaded so as to avoid casting direct light upon any residential district or into public streets, parks, or schools.
   (E)   All areas not used for buildings, parking and loading areas, pedestrian walks, or accessways shall be landscaped with grass, trees, or shrubs.
   (F)   A bufferstrip not less than 25 feet wide shall be provided along any residential boundary line abutting or adjoining any boundary line of the Shopping Center District.
   (G)   All buildings, structures, and uses shall be provided with a public sewer system or an approved substitute system that complies with the standards set out in § 154.085(E).
(Ord., passed 2-18-64; Am. Ord. 2017-O-26, passed 11-5-17; Am. Ord. 2019-O-18, passed 10-15-19)

§ 154.107 PERMITTED USES.

   (A)   No building or use shall hereafter be established or enlarged in the B-3 Shopping Center District, except for the following purposes:
      (1)   Banks and savings and loan associations.
      (2)   Barber shops and beauty parlors.
      (3)   Book and stationery stores excluding any book or stationery store in violation of §§ 133.20 and 133.21 .
      (4)   Candy and ice-cream stores.
      (5)   Department stores.
      (6)   Drug stores.
      (7)   Electrical and household appliance stores, including radio and television sales.
      (8)   Food stores, grocery stores, meat markets, fish markets, bakeries, delicatessens, and food lockers.
      (9)   Furniture stores.
      (10)   Garden supply and seed stores.
      (11)   Gift shops excluding any gift shop in violation of §§ 133.20 and 133.21.
      (12)   Hardware stores.
      (13)   Hobby shops.
      (14)   Laundry and dry-cleaning pick-up stations.
      (15)   Package liquor stores, provided no alcoholic beverages are sold or dispensed for consumption on the premises.
      (16)   Paint and wallpaper stores.
      (17)   Photography studios.
      (18)   Restaurants, including the sale of alcoholic beverages if incidental to the use of the premises as a restaurant.
      (19)   Shoe stores, including shoe repair shops.
      (20)   Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
      (21)   Variety stores.
      (22)   Wearing apparel shops.
      (23)   Daycare centers.
      (24)   Professional offices.
      (25)   Training centers.
      (26)   Religious organizations.
   (B)   The following uses shall also be permitted in the B-3 Shopping Center District when located above the first floor and above any of the business uses permitted in this District by virtue of division (A) of this section.
      (1)   Business, music, dance, or commercial schools.
      (2)   Business, professional, or service offices.
      (3)   Employment agencies.
      (4)   Finance and small loan companies.
      (5)   Radio broadcasting stations.
      (6)   Lodge rooms, halls, and the like.
   (C)   Recreational cannabis. The following special uses relating to recreational cannabis may be permitted in specific situations in accordance with the procedures outlines in the Cannabis Overly Code, Chapter 154A of this title, as appropriate:
      (1)   Recreational cannabis dispensing organization.
      (2)   Recreational cannabis craft grower.
      (3)   Recreational cannabis infuser organization.
      (4)   Recreational cannabis processing organization.
      (5)   Recreational cannabis transporting organization.
(Ord., passed 2-18-64; Am. Ord. 2009-O-1, passed 2-17-09; Am. Ord. 2019-O-18, passed 10-15-19)

§ 154.109 LOT SIZE REQUIREMENTS.

   (A)   The minimum lot area shall be 160,000 square feet, provided, however, that no lot, tract, or parcel shall be developed for any of the uses permitted in the B-3 District unless it is of sufficient size to provide for the required buffer, yard, and off-street parking and loading requirements.
   (B)   There is no minimum lot width.
(Ord., passed 2-18-64)

§ 154.110 BUILDING BULK REGULATIONS.

   (A)   Maximum building height shall be 35 feet.
   (B)   Maximum lot coverage shall be 40%.
   (C)   Yard requirements shall be as follows:
      (1)   A front yard of not less than 85 feet from the center line of the street or road, provided that along Sheridan Road (Illinois Route 137), a front yard of not less than 50 feet shall be allowed.
      (2)   No side yard need be provided, unless a side yard abuts or fronts upon a street, residential district, school, park, or other public area, in which case a 35 foot side yard shall be provided.
      (3)   A rear yard of not less than 25 feet when the rear lot line abuts a public alley; 35 feet if there is no alley abutting the rear lot line; and 35 feet if the rear lot line abuts a residential district or a street, school, park, or other public area.
(Ord., passed 2-18-64; Am. Ord. 2006-O-1, passed 1-3-06)

§ 154.111 PROCEDURE FOR APPROVAL.

   The procedure for securing approval of a plan of development in a B-3 Business District shall be the same as the procedure set out in §§ 154.280 through 154.285 for securing the issuance of a special use permit.
(Ord., passed 2-18-64)