(A) Purpose. The B-1 Neighborhood Business District is designed to accommodate small retail and service businesses required for the frequently recurring needs of persons residing in adjacent or nearby residential areas.
(B) Conditions of use. Uses allowed in the B-1 District are subject to the following conditions:
(1) All business establishments shall be retail or service establishments dealing directly with consumers and oriented to the needs of residence in the surrounding neighborhoods. All goods produced on the premises shall be sold at retail on the premises where produced;
(2) All business, servicing, processing and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a certificate of zoning compliance;
(3) Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping or walls, and must be of sufficient height and density that the storage area is screened from view, from ground level up to a point seven feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening;
(4) Outdoor uses, not including storage areas, must be located wholly on private property, shall no impeded pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three required on-site parking spaces may be used, and permits for off-site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces on a one to one basis. The Director of Community Development may waive the requirement for purchase of permits for off-site parking if documentation is submitted by the petitioner to demonstrate that adequate on-site parking exists to meet the needs of the business;
(5) No manufacturing or assembling shall be permitted, except as incidental to the business occupying the premises;
(6) The parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half ton capacity when located within 75 feet of a residence or general residence district boundary line;
(7) A certificate of zoning compliance must be obtained consistent with the provisions of § 159.041 prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit;
(8) The uses and development shall be consistent with the Comprehensive Plan; and
(9) Appearance of vacant storefront windows.
(a) Definitions. For the purpose of this division (B)(9), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GROUND FLOOR SPACE. Any space on the ground floor having frontage on a street, alley or outdoor pedestrian walkway.
STOREFRONT WINDOW. One or more windows for the display of goods or wares on the facade(s) of a ground floor space.
VACANCY. A space not regularly occupied and open for business a minimum of four days per week on a monthly basis. An exception to allow for temporary business closure may be granted by the Director of Community Development upon written request provided that office equipment and furnishings will remain in the establishment and a date certain for reopening of the establishment is provided.
(b) Temporary treatment of storefront windows during vacancy or interior renovation.
1. Vacant; renovation. The storefront windows of any ground floor space that is vacant or undergoing interior renovation shall be treated using one of the following methods within 15 business days after the date on which the space first becomes vacant, or for the total duration of the interior renovation.
a. Storefront windows shall be painted a solid black color or completely covered with a seamless black paper to obscure view into the space; or
b. As an alternative, in order to encourage storefront window displays that enrich the character of the business district and enliven the streetscape, exhibits by a local not-for-profit visual arts or historical organization in the form of paintings, photos and sculptures may be displayed, painted or affixed on the glass in vacant storefront windows with permission of the property owner. A storefront window that displays an exhibit is permitted one informational sign up to two square feet in total sign area, identifying the name and contact information for each exhibit; and
c. Advertising for an existing local business may be displayed in a vacant storefront window in a manner consistent with the city’s sign code.
2. “Opening soon” announcement. No sooner than 30 days prior to the opening of a new business, an unlighted temporary sign announcing the name of the new business maybe displayed in one storefront window per facade. The sign shall not exceed ten square feet in sign area and may identify the name of the business in a graphic or text format.
(c) Minimum appearance requirements.
1. Visible adhesive or tape may not be used to affix any window display, decorative screening or signage to a storefront window;
2. Storefronts may not use newspaper or soap to obscure windows;
3. No plastic tarp of any kind may be used to block the windows; and
4. No window display or covering shall contain any matter, in writing or in a depiction, that, when considered as a whole, predominantly appeals to prurient interests.
(d) Minimum maintenance requirements.
1. All window coverings must be kept in good repair and shall not be torn, damaged or otherwise left in a state of disrepair.
2. Building exteriors must be maintained in accordance with the requirements of the city’s property maintenance code.
(C) Permitted uses.
(1) Permitted uses in the B-1 Neighborhood Business District are listed in § 159.116. If an applicant demonstrates to the satisfaction of the Director of Community Development that a use not specifically listed in § 159.116 is consistent with the intent of the zoning district, and is similar and compatible with the listed permitted uses in the B-1 District, the Director of Community Development may allow the new use. The Director of Community Development shall document all such decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request.
(2) Applications for new developments for uses that are permitted outright in the B-1 Zoning District, shall be forwarded to the Building Review Board by the Director of Community Development after the following review standard has been satisfied.
(3) The overall site plan and traffic study have been reviewed and found by the Public Works Engineering and Public Safety Departments to have no material adverse impacts upon the uses or users of the site, upon any adjacent site or facility, or upon the surrounding business district.
(4) Restaurants; performance standards: in addition to all other applicable provisions of the code, all types of restaurants must be found to be in compliance with the following performance standards prior to the issuance of a building permit.
(a) Applicable parking requirements of the code must be satisfied or any necessary variances must be approved by the appropriate board or commission and the City Council.
(b) A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking and information on valet parking if provided or required, must be submitted for review and approval.
(c) 1. The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including, new construction, storefront alterations, additions, demolitions, screening of mechanical equipment.
2. Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit.
(d) The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license. For restaurants that do not require liquor licenses the hours of operation shall conform to the hours of existing restaurants in the community.
(e) Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved.
(f) No loud speakers or amplification of sound are permitted outside the building.
(g) Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the city.
(h) For all restaurants, egress and access to the site and delivery areas shall be located to minimize the impact of traffic, light and noise on the single-family homes.
(D) Special uses. Special uses may be allowed consistent with the provisions of § 159.045 upon the granting of a special use permit for the specific use in accordance with the terms of a special use permit ordinance therefore. Special uses in the B-1 Neighborhood Business District are set forth in § 159.116, the Use Matrix. Special use permits may also be granted to allow increased lot coverage or reduced open space requirements as authorized by the B-1 Zoning District. In addition to the standard special use permit criteria in § 159.045, the petitioner shall show that the following criteria are also be satisfied.
(1) A traffic study in a form satisfactory to the City Public Works, Engineering and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety.
(2) For drive-through facilities of any type:
(a) Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles;
(b) Pedestrian pathways are provided in areas that are separated from the drive-through facility and separated from the ingress and egress points to the drive-through facility;
(c) Pedestrian access to automatic banking facilities is provided to encourage pedestrian activity in the area; and
(d) The drive-through facility is sited, configured and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls or structures so as to minimize the visual impacts on the streetscape.
(3) It has been demonstrated that the building can be adapted to different additive uses in the future.
(4) For new buildings, the development provides pedestrian links between the development and nearby retail uses.
(5) For new buildings and buildings over 500 square feet, additive uses, as identified in § 159.116, the Use Matrix, are incorporated into the development.
(6) If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B-1 District and provides specific and identifiable long term benefits to the community, a special use permit may be granted even if divisions (D)(4) and (D)(5 above are not fully satisfied.
(E) Lot size, coverage and open space requirements.
(1) Minimum lot sizes. The zoning lot for each structure containing a permitted use(s) shall contain not less than 5,000 square feet.
(2) Maximum coverage by structures. The sum total of the ground area covered by all structures shall not exceed 30% of the zoning lot. A development bonus allowing coverage of up to 45% of the zoning lot may be requested through a special use permit.
(F) Yard requirements.
(1) Front yard. Except as otherwise herein provided, all buildings and uses allowed in the B-1 District shall provide a front yard of not less than 20 feet in depth.
(2) Transitional yards. In the B-1 District, the minimum transitional yard requirements shall not be less than those specified below.
(a) Where a side lot line coincides with a side or rear lot line in an adjacent residence or general residence district, a yard shall be provided along such side lot line equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
(b) Where a rear lot line coincides with a side lot line in an adjacent residence or general residence district, a yard shall be provided along such a rear lot line equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
(c) Where a rear lot line coincides with a rear lot line in an adjacent residence or general residence district, a yard shall be provided along such rear lot line equal in dimension to the minimum rear yard which would be required for a residential use on the adjacent.
(G) Height requirements. The maximum height of all principal buildings and structures shall not exceed 35 feet and the maximum height of all accessory buildings and structures shall not exceed 25 feet.
(H) Open space requirement. At least 15% of the zoning lot shall remain as permanent open space configured on the site to provide a gathering space to accommodate pedestrian uses associated with the use and other uses in the area. Such open space shall be designed to enhance the visual character of the streetscape in the vicinity of the lot. The open space shall be landscaped in accordance with an approved plan and shall be continuous ground area unobstructed by buildings or surface parking areas. Walkways, pedestrian gathering areas and bicycle paths shall be counted as open space even through they may be an impervious surface. A development bonus reducing the required amount of open space to 10% of the zoning lot may be requested through a special use permit.
(I) Site plan and design review. The unique character of the B-1 District is reflected by the orientation of buildings in relation to the heavily traveled streets, Waukegan and Everett Roads, which run through this area. Site plans are intended to allow and encourage customers to move between uses on the same side of the street, without driving from use to use. In order to ensure the orderly development of properties within the B-1 District in a manner consistent with the overall character of the District, all proposed development within the B-1 District shall be subject to the site plan and design review requirements of this division (I).
(1) Application requirements. All proposed developments within the B-1 District, shall be subject to the following site plan and design review standards. In addition to the application requirements for the Building Review Board, the following information shall be provided as part of the application; if applicable:
(a) Lot area;
(b) A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways;
(c) A floor plan delineating the existing and proposed floor area;
(d) Existing and proposed number of dwelling units;
(e) Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or special use permit, this request must accompany the development application;
(f) A narrative that explains how the proposed development meets the district site plan and design review standards;
(g) A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive through facilities will enhance or impair pedestrian activity, and how existing streets will be impacted;
(h) A description of the proposed uses of the building and information on covenants or restrictions that will be placed on the development to ensure a mix of uses in the future;
(i) A plan illustrating how the building and overall site can be adaptively reused in the future for an alternative use; and
(j) Such additional information as the Director of Community Development deems necessary to properly review the application.
(2) Site plan and design review standards. All properties in this district are under the purview of the Building Review Board. In addition to the standard criteria used by the Building Review Board, development proposals should be reviewed to ensure that they preserve and enhance the character and value of the district, and are consistent with the Comprehensive Plan direction for the Settler’s Square area. To make this determination, the Building Review Board shall evaluate the petition subject to the following standards.
(a) The front of buildings should be oriented to Waukegan Road to create a continuous edge and a unified streetscape.
(b) Parking lots should be placed to the rear of the building envelopes and should be screened through landscaping, grade changes or other methods to minimize visibility from Waukegan Road.
(c) Two story buildings should be constructed to provide a cohesive visual character along Waukegan Road.
(d) All elevations of the building visible from the streetscape, pedestrian paths and gathering areas, or from adjacent residential neighborhoods, should be detailed to a consistent level.
(e) Architectural styles, building elements, proportions, massing, materials, detailing and signage should be consistent with, and complimentary to, existing buildings in the district and the overall character of Settler’s Square.
(f) The exterior of the building is designed in a manner that lends itself to adaptive reuse in the future.
(g) Natural, high quality building materials should be used fore the exterior of buildings.
(h) Landscape and streetscape treatments shall include, but not limited, to burying utilities, screening all mechanical equipment, planting street trees and foundation plantings, installing street furniture, providing variety in building setbacks, constructing pedestrian connections and creating open spaces.
(i) Pathways should be designed to support and encourage pedestrian use and should provide the opportunity for pedestrians to move from one use to another.
(j) In order to enhance the character of the district and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments.
(3) Review of development proposals. Proposals for development in the B-1 Neighborhood Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board. In the event that variances are requested, or a special user permit is required, the project shall be forwarded to the appropriate Board or Commission prior to action by the Building Review Board.
(Prior Code, § 46-52) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 03-40, passed 6-19-2003; Ord. 04-02, passed 2-19-2004; Ord. 2010-24, passed 4-7-2010)