§ 157.050 GENERAL REQUIREMENTS.
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 24-08, adopted 2-19-2024). The text of the amendment will be incorporated below when the ordinance is codified.
   (A)   Purpose.
      (1)   The business districts set forth herein are established to protect public health, to promote public safety, comfort, convenience and the general welfare and to protect the economic base of the village and the value of the property.
      (2)   These general purposes include, among others, the following objectives:
         (a)   To promote the most desirable use of land in accordance with a well considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the village;
         (b)   To place in separate districts those businesses which may create noise, odors, hazards, unsightliness or which may generate excessive traffic;
         (c)   To permit selected business uses in districts adjacent to residential areas where sufficient value or convenience to the residential area offsets the disadvantages of the business use;
         (d)   To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion by encouraging the use of a common ingress and egress;
         (e)   To promote the establishment of off-street parking facilities permitted and required so as to alleviate traffic congestion and so promote shopping convenience and business prosperity; and
         (f)   To promote design appearance, style and construction of structures in the business districts which will be essentially compatible with the residential character of the village.
   (B)   Business districts. The business districts described in this subchapter include:
      (1)   B-1, downtown business district;
      (2)   B-2, community business district;
      (3)   B-3, service business district;
      (4)   B-4, automotive business district; and
      (5)   O-D, office district.
   (C)   Special uses.
      (1)   It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified without consideration of the impact, in each case, of these uses upon neighboring land and of the public need for the particular use at the particular location.
      (2)   These uses fall into two categories:
         (a)   Uses publicly operated or traditionally affected with a public interest; or
         (b)   Private uses of such an unusual nature the their operation may give rise to unique problems with respect to their impact upon neighboring property.
      (3)   The special uses listed in each district may be permitted by the adoption of a special use ordinance by the Village Board of Trustees upon receiving the recommendation of the Plan Commission. The procedures for requesting a special use permit are described in §§ 157.190 through 157.192.
   (D)   Accessory uses.
      (1)   These uses include building or other structures customarily incidental to and commonly associated with a permitted or special use. These uses may be permitted provided they are operated and maintained under the same ownership and on the same lot as the permitted or special use and do not include structures or structural features inconsistent with these uses and do not involve the conduct of any business, profession, trade or industry.
      (2)   A further discussion on, and the standards for accessory buildings and uses, are described in §§ 157.080 through 157.092.
   (E)   Lot and bulk provisions. With the exception of planned developments, these regulations shall be as set forth under each specific business district contained herein.
   (F)   Allowable use of land or buildings. 
      (1)   Allowable uses table. Permitted uses, special uses, accessory uses, and temporary uses in the business districts shall be as indicated on the following table. All other provisions of this chapter to the contrary notwithstanding, the Building Inspector shall determine whether a proposed use that is not specifically listed on the table is most similar to and compatible with one or more permitted uses, special uses, accessory uses, temporary uses, or prohibited uses and classify the use accordingly. Such determinations shall be recorded in writing and maintained on file in the Village Clerk's office.
Allowable uses of land and buildings:
P: Permitted by-right
S: Permitted by special use permit
Downtown Business District (B-1)
Community Business District (B-2)
Service Business District (B-3)
Automotive Service Business District (B-4)
Office District (O-D)
Allowable uses of land and buildings:
P: Permitted by-right
S: Permitted by special use permit
Downtown Business District (B-1)
Community Business District (B-2)
Service Business District (B-3)
Automotive Service Business District (B-4)
Office District (O-D)
(a) Agriculture and natural resource uses.
1. Resource conservation.
 
 
 
 
 
2. Cultivation.
 
 
 
 
 
3. Livestock.
 
 
 
 
 
4. Agricultural support.
 
 
 
 
 
   Farm and garden supply store
 
 
P
 
 
   Feed store
 
 
P
 
 
5. Mineral extraction and batch operations.
 
 
 
 
 
(b) Residential uses.
1. Single-family and two-unit dwellings.
 
 
 
 
 
2. Multiple-family dwellings.
 
 
 
 
 
   Residential units above the first floor of any business; subject to the provisions of § 157.050(F)(2)(a)
P
S
S
 
S
3. Group living facilities.
 
 
 
 
 
(c) Retail uses.
1. General merchandise.
 
 
 
 
 
   Art and school supply store
P
P
P
 
 
   Appliance store
P
P
P
 
 
   Art gallery
P
P
P
 
 
   Bicycle store; includes sales, retail and repair
P
P
P
 
 
   Book and stationery store
P
P
P
 
 
   Building material sales
 
 
S
 
 
   Casket and casket supplies sales
 
 
P
 
 
   Catalog store
P
P
P
 
 
   China and glassware store
P
P
P
 
 
   Clothing and art needlework store; includes production, alteration and repair for on-site retail sale
P
P
P
 
 
   Coin, philatelic, stamp and numismatic store
P
P
P
 
 
   Department store
P
P
P
 
 
   Direct selling establishment where products are stored
 
 
P
 
 
   Drapery store
P
P
P
 
 
   Drug store or pharmacy
P
P
P
 
 
   Floor covering store; includes rugs, linoleum and carpets
P
P
P
 
 
   Flower shop
P
P
P
 
 
   Furniture store; includes upholstering when conducted as part of the retail operation and secondary to the principal use
P
P
P
 
 
   Furrier shop; includes incidental storage & conditioning of furs
P
P
P
 
 
   Gift shop
P
P
P
 
 
   Gun shop
 
 
S
 
 
   Hearing aid store
P
P
P
 
 
   Hobby shop
P
P
P
 
 
   Indoor mall
 
 
S
 
 
   Jewelry and watch store; includes production, alteration and repair for on-site retail sale
P
P
P
 
 
   Leather goods and luggage store
P
P
P
 
 
   Millinery shop
P
P
P
 
 
   Music shop
P
P
P
 
 
   Office supplies and stationery
P
P
P
 
 
   Orthopedic and medical appliance store; does not include the assembly or manufacture of articles
 
 
P
 
 
   Paint and wallpaper store
P
P
P
 
 
   Pet shop
P
P
P
 
 
   Sewing machine sales and service
P
P
P
 
 
   Sporting goods store; does not include the sale of firearms as defined in this chapter
P
P
P
 
 
   Tack shop
P
P
P
 
 
   Tile store; includes wall and floor
P
P
P
 
 
   Tombstone and monument sales
 
 
P
 
 
   Toy store
P
P
P
 
 
   Trading stamp store
P
P
P
 
 
   Variety and notion store
P
P
P
 
 
2. Food and beverage.
 
 
 
 
 
   Bakery; includes manufacture of goods for on-site retail sale only
P
P
P
 
 
   Butcher shop
P
P
P
 
 
   Candy and confectionery store
P
P
P
 
 
   Dairy products store
P
P
P
 
 
   Grocery and food store
P
P
P
 
 
   Package liquor store
S
S
S
 
 
   Roadside stand
 
 
S
 
 
3. Greenhouses and nurseries.
 
 
 
 
 
   Greenhouse and nursery; retail and wholesale
 
 
P
 
 
(d) Clubs, restaurants, taverns and lodging uses.
1. Clubs, lodges and meeting halls.
 
 
 
 
 
   Clubs, lodges and meeting halls; private, fraternal or religious with no live entertainment or dancing
P
P
P
 
P
   Clubs, lodges and meeting halls; private, fraternal or religious with live entertainment or dancing
S
S
S
 
S
2. Restaurants, specialty foods and taverns.
 
 
 
 
 
   Banquet hall
S
S
S
S
 
   Brew pub
P
P
P
 
 
   Brew pub; with live entertainment
S
S
S
 
 
   Delicatessen
P
P
P
P
S
   Ice cream shop
P
P
P
P
S
   Restaurant; no live entertainment
P
P
P
P
S
   Restaurant; with live entertainment
S
S
S
S
 
   Restaurant; drive-in or drive-through facilities
S
S
S
P
 
   Taverns
P
P
P
 
S
   Taverns; with live entertainment
S
S
S
 
 
3. Lodging.
 
 
 
 
 
   Hotel; includes apartment hotel, dining room and meeting rooms
 
 
S
S
S
   Motel
 
 
S
S
 
(e) Recreation and entertainment uses; public and private.
1. Indoor recreation and entertainment.
 
 
 
 
 
   Billiard and pool hall
 
 
S
 
 
   Bowling alley
 
 
S
 
 
   Commercial sports and entertainment establishment; subject to the licensure requirements of Chapter 118 of the East Dundee Code of Ordinances
 
 
S
 
 
   Community center buildings, public or non-profit; includes clubhouses, recreation buildings, gymnasiums, swim clubs, swimming pools, tennis clubs, tennis courts, roller skating and ice skating rinks
 
S
S
S
S
   Game rooms; employing amusement devices commonly known as pinball machines, shuffleboards, bowling machines and coin-operated games of skill subject to the licensure requirements of Chapter 112 of the East Dundee Code of Ordinances, but does not include regulation bowling alleys or pool or billiard tables
S
S
S
 
 
   Museum
 
 
P
 
S
   Shooting range
 
 
S
 
 
   Theater
S
S
S
S
 
2. Outdoor recreation and entertainment.
 
 
 
 
 
   Drive-in theater
 
 
 
S
 
   Outdoor private amusement establishment; includes trampoline center, miniature golf course, kiddy park and the like
 
 
S
 
 
   Parks and playgrounds, not-for-profit
S
S
S
S
S
   Parks and playgrounds, public
P
P
P
P
P
   Swimming clubs and pools
 
 
P
 
P
   Tennis clubs and courts
 
 
P
 
P
(f) Service, contracting, storage and broadcasting uses.
1. Personal services.
 
 
 
 
 
   Barber shop
P
P
P
 
S
   Beauty parlor
P
P
P
 
S
   Massage establishments and massage services as defined in § 111.01
S
S
S
 
 
   Accessory use massage services as defined in § 111.02 as exceptions
P
P
P
 
 
   Permanent cosmetics, microblading, micropigmentation and similar care services
P
P
P
 
 
   Tattooing
S
S
S
 
 
2. Dry cleaning and laundry services.
 
 
 
 
 
   Dry cleaning and laundry establishment, without drive-through; employing not more than 5 persons where on-site equipment for dry cleaning does not exceed units of 30-pound capacity
P
P
P
 
S
   Dry cleaning and laundry establishment, with drive-through; employing not more than 5 persons where on-site equipment for dry cleaning does not exceed units of 30-pound capacity
 
 
S
 
S
3. Finance, insurance and real estate services.
 
 
 
 
 
   Automatic teller machine as stand-alone structure
 
S
S
S
S
   Bank
P
P
P
 
P
   Credit agency
P
P
P
 
P
   Currency exchange
 
P
P
 
P
   Financial institution
P
P
P
 
P
   Insurance agency
P
P
P
 
P
   Investment company
P
P
P
 
P
   Loan company
P
P
P
 
P
   Real estate office
P
P
P
 
P
   Savings and loan
P
P
P
 
P
   Security and commodity broker
P
P
P
 
P
4. General services.
 
 
 
 
 
   Auction room
 
 
S
S
 
   Catering establishment
 
 
P
 
 
   Clothing and costume rental store
P
P
P
 
 
   Detective agency
P
P
P
 
P
   Employment agency
P
P
P
 
P
   Photographic studio; includes developing and printing as part of the retail business
P
P
P
 
S
   Picture framing; conducted for retail trade
P
P
P
 
 
   Printing shop; limited to presses having not more than 14 inches by 20 inches in size
P
P
P
 
P
   Secretarial service
P
P
P
 
P
   Scientific research agency
P
P
P
 
P
   Shoe repair shop
P
P
P
 
 
   Tailor, hat and clothes repair or dressmaker shop
P
P
P
 
 
   Taxidermist
 
 
P
 
 
   Testing laboratory
 
 
S
 
 
   Travel bureau and transportation ticket office
P
P
P
P
P
   Undertaking establishment and funeral parlor
 
 
P
P
 
5. Contractor and repair shops and showrooms.
 
 
 
 
 
   Artists and industrial design studio
P
P
P
 
P
   Furniture repair and upholstery
 
 
P
 
 
   General minor repair or fix it shop
P
P
P
 
 
   Interior decorating studio; includes upholstery and making draperies, slip covers and other similar articles when conducted as a secondary activity to the principal use
P
P
P
 
 
   Lawn mower repair shop
 
S
P
S
 
   Locksmith
P
P
P
 
 
   Building services and supplies; no outside storage
 
S
P
S
 
   Contractor shop; no outdoor storage
 
S
P
S
 
   Electrical shop and supply shop
 
S
P
S
 
   Exterminating service
 
S
P
S
 
   Heating and air conditioning retail sales and service
 
S
P
S
 
   Plumbing and heating showroom and shop
 
S
P
S
 
   Refrigeration shop, service and repair
 
S
P
S
 
   Swimming pool sales and service
 
 
P
 
 
   Sewer cleaning and rodding shop
 
 
P
 
 
   Sign contractor; no outside storage
 
S
P
S
 
   Window cleaning firm
 
S
P
S
 
6. Equipment and supplies.
 
 
 
 
 
   Bottled gas dealer
 
 
P
P
 
   Business machines store
P
P
P
 
 
   Equipment and appliance repair shop
 
 
P
 
 
   Equipment rental and leasing service
 
 
P
 
 
   Milk machine sales
 
 
P
 
 
   Water softener service
 
 
P
 
 
   Water sales and bottling
 
 
P
 
 
7. Storage, transport and mail order sales.
 
 
 
 
 
   Ambulance service
 
 
S
S
 
   Frozen food locker
 
 
P
 
 
   Limousine service
P
P
P
P
S
   Mail order sales and warehousing
 
 
P
 
 
   Storage, warehousing and wholesale establishments; does not include fuel oil, gasoline and other flammable material
 
 
S
 
 
8. Broadcasting facilities and recording studios.
 
 
 
 
 
   Radio and television broadcasting studio
 
 
P
 
S
   Recording studio
 
 
P
 
S
(g) Automotive and related uses.
1. Accessory sales.
 
 
 
 
 
   Automobile accessory, tire and battery stores
 
S
S
P
 
2. Fuels sales, service and repair.
 
 
 
 
 
   Automobile fuel sales; with or without service
 
S
S
S
 
   Automobile and truck service without fuel sales; includes car washes, oil change service, repair facilities, and related uses not otherwise listed
 
S
S
S
 
   Body and fender shop
 
 
S
S
 
   Paint shop
 
 
S
S
 
3. Parking.
 
 
 
 
 
   Parking lot; commercial
S
S
P
P
S
4. Vehicle sales and rental. In districts where the following uses require a special use permit, the provisions of § 157.050(F)(2)(b) also shall apply.
 
 
 
 
 
   Boat dealer
 
 
S
P
 
   Camper dealer (sales)
 
 
S
P
 
   Mobile home dealer
 
 
S
P
 
   Motor vehicle dealer, new or used
 
 
S
P
 
   Motor vehicle dealer; used only
 
S
S
P
 
   Motorcycle sales
 
 
S
P
 
   Recreation vehicle sales or rental
 
 
S
P
 
   Snowmobile, sales and service
 
 
S
P
 
   Trailer sale or rental
 
 
S
P
 
(h) Office uses.
1. Professional offices.
 
 
 
 
 
   Accounting, auditing and bookkeeping
P
P
P
 
P
   Attorney and law office
P
P
P
 
P
   Business and professional office
P
P
P
 
P
   Business office in which goods, wares or merchandise are displayed and sold on the premise
P
P
P
 
P
   Engineering and architectural service
P
P
P
 
P
   Land surveyor
P
P
P
 
P
   Landscape architect
P
P
P
 
P
   Newspaper office; does not include printing
P
P
P
 
 
   Professional Consultant
P
P
P
 
P
2. Organizations.
 
 
 
 
 
   Better Business Bureau
P
P
P
 
P
   Chamber of Commerce
P
P
P
 
P
   Charitable organization
P
P
P
 
P
   Civic association
P
P
P
 
P
   Labor union and organization
P
P
P
 
P
   Merchants association
P
P
P
 
P
   News syndicate
P
P
P
 
P
   Political organization
P
P
P
 
P
   Professional membership association
P
P
P
 
P
   Real estate board
P
P
P
 
P
   Social service and fraternal association
P
P
P
 
P
   Trade association
P
P
P
 
P
(i) Healthcare and veterinary uses.
1. Medical and dental offices, clinics and labs.
 
 
 
 
 
   Chiropodist's office and podiatrist's office
P
P
P
 
P
   Chiropractor's office
P
P
P
 
P
   Dentist's office
P
P
P
 
P
   Doctor's, surgeon's and/or physician's office
P
P
P
 
P
   Laboratory, medical and dental
P
P
P
 
P
   Medical and dental clinic
P
P
P
 
P
   Optician's office
P
P
P
 
P
   Osteopath's office
P
P
P
 
P
2. Hospitals and care homes.
 
 
 
 
 
   Convalescent center, nursing home, geriatric center and rest home
 
 
S
 
S
   Hospitals or sanitariums
 
 
S
 
S
3. Veterinarian offices, hospitals and kennels.
 
 
 
 
 
   Veterinary clinic and animal hospital; without outdoor kennels
P
P
P
 
P
   Veterinary clinic and animal hospital; with outdoor kennels
 
 
S
 
 
(j) Manufacturing uses.
1. Manufacturing.
 
 
 
 
 
(k) Public, educational and institutional uses.
1. General public.
 
 
 
 
 
   Library and branch library
S
S
S
S
S
   Police or fire station
S
S
S
S
S
   Post office and post office sub-station
S
S
S
S
S
   Public service or municipal garage
 
 
 
S
 
2. Educational.
 
 
 
 
 
   Dancing school or studio
P
P
P
 
P
   Music school with sales
P
P
P
 
P
   Schools, public or private; non-boarding elementary, middle, high, college and university
 
 
 
 
P
   Schools, business, trade or vocational; non-boarding public or private
 
 
P
P
P
3. Childcare.
 
 
 
 
 
   Nursery school; includes children’s day school, day nursery child care center and day care center
S
S
S
 
S
4. Institutional and assembly.
 
 
 
 
 
   Church, chapel, temple and synagogue
S
S
S
 
P
   Convention hall and center
 
 
S
 
S
   Religious reading room
P
P
P
 
P
(l) Transportation, utility and solid waste uses.
1. Transportation.
 
 
 
 
 
   Public transportation facilities; includes shelters, terminals, parking areas and service buildings
 
 
S
S
 
   Transit and transportation passenger shelter
S
S
S
S
S
2. Utility.
 
 
 
 
 
   Public utility and public service use; subject to the provisions of § 157.050(F)(2)(c)
S
S
S
S
S
   Telephone booth
S
S
S
S
S
3. Solid waste.
 
 
 
 
 
(m) Accessory uses.
1. Accessory to agricultural uses.
 
 
 
 
 
2. Accessory to residential uses.
 
 
 
 
 
   Accessory uses provided in accordance with the provisions of § 157.085
P
P
P
 
P
3. Accessory to commercial uses.
 
 
 
 
 
   Accessory uses provided in accordance with the provisions of § 157.085
P
P
P
P
P
   Firearm coating, refinishing, adding accessories and general modifications; accessory to gun shop
 
 
S
 
 
   Offices ancillary to any permitted or special use
P
P
P
P
P
   Open sales lot
 
 
 
S
 
   Pet crematorium; operated as an accessory use to a permitted principal use providing services to household pets such as a kennel, veterinary, clinic, animal hospital, or pet groomer.
 
 
S
 
 
   Residential dwelling unit for the owner or manager of the principal business; all other village ordinances must be complied with including fire and life safety codes
S
S
S
 
S
   Storage yard; materials or equipment for on-site sales only
 
 
 
S
 
4. Accessory to manufacturing uses.
 
 
 
 
 
5. Other accessory uses.
 
 
 
 
 
(n) Temporary uses.
1. Temporary uses.
 
 
 
 
 
   Temporary building for construction purposes; not to exceed the duration of the construction
P
P
P
P
P
(o) Other special uses.
1. Other special uses.
 
 
 
 
 
   Planned unit development
S
S
S
S
S
   Similar and compatible uses to those listed as special uses
S
S
S
S
S
   Twenty-four hour per day. operation of any permitted or special use
S
S
S
 
 
 
      (2)   Use-specific requirements. The following uses shall comply with all listed requirements in addition to all other requirements specified in this chapter. In the event of a conflict between a requirement listed hereunder and that of another section of this chapter, the more restrictive requirement shall prevail.
         (a)   Residential units above the first floor of any business.
            1.   Shall comply with all other village ordinances including fire and life safety codes; and
            2.   Shall provide not less than one off-street parking space for each unit on the same lot as the residential use.
         (b)   Vehicle sales and rental.
            1.   Shall be located on parcels sufficiently large enough to fully comply with the following:
               a.   A minimum lot area of 40,000 square feet; and
               b.   The applicable perimeter landscaping and buffering requirements contained
in § 158.04(D).
         (c)   Public utility and public service use.
            1.   Uses and facilities include: electric sub-stations and booster stations; telephone exchanges, repeater stations, micro-wave relay towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of the public convenience; potable water well head stations, well separators, pumping stations, water filtration plants, reservoirs, and storage tanks and towers; natural gas regulator stations and similar above the ground facilities customarily used for the distribution, transmission or storage of natural gas as a part of the operation of a public utility; and satellite dishes as accessory to any of the above.
            2.   The use shall be located more than 200 feet from the boundary of a residential
use.
            3.   Natural gas equipment and other installations may be in completely enclosed buildings or in the open, but along with electric substations and booster stations, must be completely enclosed behind two-inch or less mesh chainlink fence or equal, no less than six feet in height.
   (G)   Parking requirements. Parking requirements shall be in accordance with the applicable regulations set forth in §§ 157.140 through 157.150. In addition, the parking of trucks when accessory to the conduct of a permitted use, shall be limited to vehicles having not over one and one-half tons capacity, except for delivery services which shall be at the rear entrance or loading dock.
   (H)   Storm drainage and entrance curbs. Storm drainage and entrance curbs are required on all street frontages and shall meet the approval of the Village Engineer and be in accordance with village ordinances.
   (I)   Performance standards. All activities shall conform with the performances standards established for the M-1, limited manufacturing, district, except where otherwise stated. These standards are presented in § 157.066.
   (J)   Standards. The following standards shall apply to all business districts.
      (1)   All business shall be retail, wholesale, service or office establishments dealing directly with the consumer.
      (2)   All business, services, storage, merchandise display and processing shall be conducted entirely within an enclosed building with the exception of off-street parking or loading, automotive service stations, open sales lots and outdoor amusement and recreation areas in districts where they are permitted. There shall be no storage or overnight parking at gas stations with the exception of vehicles under active repair but not to exceed four vehicles.
      (3)   No business shall be open to the public between the hours of 2:00 a.m. and 5:00 a.m. on any day of the week, except for the following uses: automobile service station, hotels and motels, supermarkets, veterinary clinic or animal hospitals limousine set-vices or as provided by special use.
      (4)   Except in the case of a planned development, only one principal structure will be allowed on any subdivided lot and no principal structure shall be constructed across a subdivision lot line.
      (5)   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting excessive glare upon adjacent properly.
      (6)   All premises shall be furnished with all-weather hard-surface walks and except for parking areas, the grounds shall be landscaped.
      (7)   If the lot adjoins a lot containing a residential building, screening shall be provided at the lot line sufficient to protect on a year-round basis the privacy of the adjoining residential uses.
      (8)   Site plan approval pursuant to ordinance shall be required for all uses, except public and quasi-public.
      (9)   Additional special provisions are contained in each of the individual district regulations.
   (K)   Signs. Signs shall be subject to the regulations contained in Chapter 156 of this code of ordinances.
   (L)   Off-street parking and loading. Off-street parking and loading facilities shall be provided as required in §§ 157.140 through 157.150.
   (M)   Site plan review.
      (1)   (a)   All applicants for building permits, re-zoning and annexation or pre-annexation for the following zoning districts and those districts which may thereafter be created where reference is made therein to site plan review shall comply with the site plan review process:
            1.   B-1, downtown business district;
            2.   B-2, community business district;
            3.   B-3, service business district;
            4.   B-4, automotive service business district; and
            5.   O-D, office district.
            6.   M-I Limited Manufacturing District.
         (b)   This section shall not apply to building additions, minor interior modifications, such as tenant spaces in shopping centers and office spaces, which do not effect the intensity of use, type of use or free standing signage and shall not apply to the B-1, downtown business, district to the extent the setback and yard requirements render this section inapplicable.
      (2)   This division (M) is adopted for the following purposes:
         (a)   Promoting the public health, safety, comfort, convenience and general welfare;
         (b)   Protection of the economic base in the village;
         (c)   Enhancement of aesthetic qualities and economic values within the commercial and office zoned areas of the village;
         (d)   Establishing a reasonable transition between commercial, office and other land use areas within the village;
         (e)   Ensuring the safe movement of vehicular traffic;
         (f)   Preserving natural resources; and
         (g)   Implementing the village’s comprehensive planning.
      (3)   Any uses in the specified districts shall comply with the following standards:
         (a)   Access points and parking.
            1.   Points of vehicular ingress and egress from the site shall be limited to adjacent major and/or secondary thoroughfares, and all points of access shall be reviewed by the Village Engineer for location and design of curb cuts and driveways and for layout of parking and loading areas. The design and location of access points shall be coordinated with adjoining uses, buildings and properties to provide for safe and efficient traffic movement.
            2.   Parking and loading areas shall be reviewed for their compliance with requirements of §§ 157.120 through 157.127 and 157.140 through 157.150. In addition, the parking of trucks, when accessory to the conduct of a permitted use, shall be limited to vehicles having not over one and one-half ton capacity, except for delivery services which shall be at the rear door.
         (b)   Screening.
            1.   Where a commercial use abuts or is across the street from a residential district or use, adequate screening shall be provided.
            2.   Where the commercial use directly abuts a residential district, this required screening may be accomplished with the use of berms, landscaping plantings or fences, or a combination of these methods. Placement of the landscape screening shall not impair the safety of pedestrian or vehicular traffic.
            3.   Where a commercial use is directly across a public street from a residential district, screening in the form of berms and/or landscaping may be required along the road frontage.
            4.   The landscape screening plan. shall be incorporated as part of the overall landscape plan for the development and shall indicate thereon the visual lines-of-sight resulting from the proposed landscaped screening plan. This plan shall require approval by the Village Engineer.
         (c)   Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so the light is confined to the property and will not cause direct glare or light upon adjacent properties or public right-of-way. All lighting fixtures and standards should be designed to aesthetically relate to the character of the development. The lighting plan shall be subject to approval by the Chief of Police and Village Engineer.
         (d)   Landscaping.
            1.   All areas of the site, including street rights-of-way, which are not paved, shall be landscaped with trees, shrubs, flowers and/or grass to retard water runoff, restrict blowing trash and litter and deter improper and unsafe access and site use by the public. Trees used in landscaping shall be a minimum of three-inch caliper when measured 18 inches from grade when installed. All plant materials shall be kept alive and in good condition or be replaced.
            2.   A landscaped plan must accompany all applications for building permits. The plan shall be subject to approval by the Plan Commission. In the case of a planned development or special use, the Plan Commission may require a preliminary and/or final landscape plan prior to recommending approval of the subject zoning request. A landscape plan shall include the species, size and location of plant materials and all other landscape treatment such as, but not limited to earth mounds, fences, ground covers, ornamental lighting, paving materials and sod locations.
            3.   The landscape plan must make provision for screening of waste receptacles. If landscaping, sidewalks, parking lots and other external improvements are not completed at final occupancy inspection, an irrevocable letter of credit in an amount equal to 110% of the uncompleted work as certified by the Building Inspector in a form satisfactory to the Village Attorney, shall be supplied prior to the issuance of an occupancy permit.
            4.   Provision shall be made for perimeter screening through the use of landscaping which should unless otherwise recommended by the Plan Commission and approved by the Village Board include a minimum landscape barrier of a ten-foot wide planting strip with one tree in each 40 lineal feet or fraction thereof.
         (e)   Setback bulk and sign regulations. The principal and accessory buildings and structures shall comply with yard and setback requirements, floor area and height limitations and sign regulations as prescribed in the district regulations.
      (4)   Prior to the issuance of a building permit, the owners of the tract of land shall submit to the Building Inspector for his or her review, six copies of the site plan drawn to scale as to clearly indicate what is planned for the subject property, the site plan to include the following information. The Building Inspector may waive certain herein listed items, where these items are under his or her jurisdiction, when deemed unnecessary.
         (a)   Site information:
            1.   Name and address of the owner, applicant, planner, architect, engineer and landscape architect;
            2.   Date, scale, north arrow;
            3.   Total acreage;
            4.   Title by which the property or project is to be referred; and
            5.   Proof of ownership.
         (b)   A copy of a survey by a registered surveyor including therein a legal description of the subject property;
         (c)   Location and size of all buildings and structures, both existing and proposed;
         (d)   Ground elevations of the property;
         (e)   Location of flood plain areas and existing vegetation;
         (f)   Soil analysis, if required by the Village Engineer;
         (g)   Yards and spaces between all structures;
         (h)   Location and dimensions of all fences and walls;
         (i)   A landscape plan prepared by a landscape architect;
         (j)   Vehicular, pedestrian and service access, including the distance from the driveway opening at the curb to the prolongation of the property line of the nearest intersecting street, the width of the driveway, identification and location of curb lines, property lines, sidewalks, existing driveways, parking regulations and signs, traffic signals, utility poles, light standards and fire hydrants;
         (k)   Off-street parking and loading facilities, including numbers of spaces and dimensions of typical areas;
         (l)   Signs and lighting, including locations, size, height and method of illumination, including a point by point illumination plan showing foot candle intensities;
         (m)   Outdoor storage areas, if any;
         (n)   Waste disposal facilities, trash bins and provision for screening of the facilities and bins; and
         (o)   Preliminary engineering, drainage and grading plans if required by the Village Engineer. Final engineering plans shall be approved by the Village Engineer prior to the issuance of a building permit.
      (5)   (a)   The Building Inspector shall determine whether all of the necessary information required under the ordinance has been furnished by the applicant and shall prepare a recommendation to the Plan Commission as to whether the standards for site plan approval have been satisfied.
         (b)   The site plan along with the recommendation shall then be forwarded to the Plan Commission for review and approval.
(1981 Code, Art. VIII, A) (Ord. passed 12- -1986; Am. Ord. 04-17, passed 5-17-2004; Am. Ord. 08-22, passed 6-2-2008; Am. Ord. 13-10, passed 4-1-2013; Am. Ord. 15-48, passed 12-14-2015; Am. Ord. 19-01, passed 1-7-2019; Am. Ord. 22-13, passed 4-18-2022; Am. Ord. 22-44, passed 9-19-2022; Am. Ord. 23-08, passed 2-20-2023; Am. Ord. 23-22, passed 5-1-2023; Am. Ord. 23-23, passed 5-15-2023; Am. Ord. 23-24, passed 5-15-2023)