A. Yard Requirements: All buildings in the B-3 district shall meet the following setback requirements:
1. Front yard | 30 feet |
2. Side yard | 10 feet |
3. Corner side yard | 30 feet |
4. Rear yard | 20 feet |
All off street parking and loading areas within the B-3 district shall be set back a minimum of ten feet (10') from each property line.
B. Building Height: The maximum height of any building in the B-3 district shall be three (3) stories or thirty five feet (35'), whichever is less.
C. Lot Coverage: The total area of all buildings, structures and parking lots in a B-3 district shall be no more than seventy five percent (75%) of the total land area.
D. Transitional Setbacks: Where a side or rear setback in the B-3 district is contiguous to any single-family residential property, all buildings, structures, and parking lots shall meet the minimum required yard setback in the underlying zoning district or the minimum required yard setback in the adjacent zoning district, whichever is greater.
E. Restrictions On Business Uses: The operation and design of business uses shall conform to the following restrictions:
1. All business establishments shall be retail or service establishments dealing with customers.
2. All business, servicing or processing shall be conducted within completely enclosed buildings, with the exception of permitted outdoor sales in section 14.311 of this chapter. The normal sales and services offered at automobile service stations, drive-in/carryout restaurants and retail sales of motor vehicles are excluded from this provision.
3. Cannabis business establishments:
a. Cannabis Dispensing Organization: In those zoning districts in which a Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
(2) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(3) Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment.
b. Co-Location of Cannabis Business Establishments. The Village may approve the colocation of a Cannabis Dispensing Organization with a Cannabis Craft Grower Center or a Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Conditional Use criteria within the Mount Prospect Village Code. In a co-location, the floor space requirements of Article 14.2104 F.3. shall not apply, but the collocated establishments shall be the sole use of the tenant space.
c. On the date of enactment of this ordinance, any person lawfully operating a medical cannabis dispensing organization within the Village’s B-3 Commercial zoning district shall be allowed to operate a cannabis dispensing organization at the same location within the Village as a permitted use, as long as that facility also complies with all regulations provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), as it is amended from time-to-time, and regulations promulgated thereunder, and the regulations provided within this Chapter as well as all other provisions of the Village Code specifically Chapter 11, Article XLI. (Ord. 4590, 9-21-1993; amd. Ord. 4709, 3-7-1995; Ord. 5034, 7-20-1999; Ord. 5173, 3-6-2001; Ord. 5751, 8-4-2009; Ord. 6548, 12-1-2020)