§ 159.070 GENERAL REQUIREMENTS.
   (A)   Intent and purpose. The business districts set forth in this chapter are established to protect the 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 property. These general purposes include, among others, the following specific objectives:
      (1)   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 and commercial type of uses, thereby protecting and strengthening the economic base of the village;
      (2)   To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic so as to adversely affect their neighbors;
      (3)   To permit selected business uses in districts where adjacency to or inclusion in a residence area has sufficient elements of service or convenience to those area to offset the disadvantages which may be created;
      (4)   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; and
      (5)   To provide for the establishment of off-street parking facilities permitted and required so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
   (B)   Districts: There are hereby created the following districts:
      (1)   B-1, Local Shopping District;
      (2)   B-2, Community Shopping District;
      (3)   B-3, Highway/Regional Shopping District;
      (4)   B-4, Automotive Service District;
      (5)   P-B, Planned Business District.
   (C)   Residential dwelling units. Residential dwelling units are a "special use" within the B-1, Local Shopping District, provided they are located above the first floor and above a permitted business use. Residential dwelling units shall not be permitted on the ground floor of a business, or in the rear of a business establishment on the ground floor. The land area and density requirements of the R-6 District of this chapter shall apply to Residential dwelling units constructed in the B-1 District.
   (D)   Enclosure of operations. All business, commerce, serving, and processing shall be conducted within completely enclosed buildings, except:
      (1)   Off-street parking and loading;
      (2)   Drive-in types of operations, such as theaters and restaurant facilities;
      (3)   Outdoor sales lots, subject to the requirements of § 159.072(E);
      (4)   Outdoor dining areas when accessory to a permitted use;
      (5)   And as may otherwise be provided for herein.
   (E)   Off-street parking/loading and unloading facilities.
      (1)   Parking of trucks when accessory to the conduct of a permitted or special use shall be limited to vehicles having not over 1-1/2 ton capacity, except for pick-up or delivery services during normal business hours;
      (2)   Trucks in excess of 1-1/2 ton capacity shall not be parked in the open within 100 feet of a residence district boundary line;
      (3)   Provision of all off-street parking and loading facilities shall be made in accordance with §§ 159.019 and 159.105 through 159.111 of this chapter; and
      (4)   Parking is permitted within required front and rear yard areas, except it shall not be closer to any property line than as follows:
         (a)   B-1 District - ten feet;
         (b)   B-2 District - 20 feet;
         (c)   B-3 District - 25 feet;
         (d)   B-4 District - 15 feet;
         (e)   P-B District - see § 159.075(E)(9)(b).
      (5)   Parking is permitted in interior side yards provided that said side yard abuts commercially or industrially used or zoned property. A minimum setback of five feet shall be provided unless parking is shared.
      (6)   In addition to any other means of enforcement provided by the provisions of the Village Code of Ordinances, all sworn police officers of the village shall further be permitted to enforce the provisions of divisions (E)(1) and (E)(2) above by the means provided for in § 74.09 for the enforcement of violations of Chapter 74.
   (F)   Signage. Placement of signage in all business districts shall be made in accordance with the provisions of §§ 159.120 through 159.133 of this chapter.
   (G)   Outdoor storage.
      (1)   All outdoor storage facilities for the building and accessory uses and products shall be enclosed by an architecturally pleasing fence, wall, or planting materials adequate to conceal the facilities from adjacent properties and the public street right-of-way.
      (2)   Outdoor storage areas shall be designed to be harmonious with the building and their design shall incorporate the same materials used in the building façade.
      (3)   Outdoor storage shall be included and shown within the required landscape plan according to the requirements of surfacing and curbing of § 159.108(D) of this chapter.
      (4)   Site and landscape plans shall be presented to the Fire Department, with an explanation as to the type of material being stored, housed or stocked within the outdoor storage area.
      (5)   Outdoor storage areas shall be landscaped in accordance with the landscaping requirements of this chapter.
   (H)   Landscaping. Placement of all landscaping shall be made in accordance with the provisions of this section and § 159.030, inclusive.
      (1)   All applications for building permit requested for new construction in any business/commercial district must have a previously approved landscape plan.
      (2)   The exterior storage of materials and inventory, shall be effectively screened from view from any district boundary line and right-of-way. Landscaping may consist of live or decorative plantings, or fencing.
      (3)   Where business/commercial uses abut or are across the street from a residential district, adequate landscape screening shall be provided to screen the business / commercial uses.
   (I)   Performance standards. As described in §§ 159.022 through 159.027 of this chapter.
   (J)   Ingress/egress onto a public street.
      (1)   Access is limited to not more than two points of ingress and/or egress per lot except as modified in a PUD.
      (2)   Minimum width to be 24 feet at property line. Maximum width to be that of 40 feet at property line, unless additional width is required for safe access. This can include, but not limited to, two through lanes, one left turning lane and an appropriately landscaped island;
      (3)   Locations to be approved by the Village Engineer;
      (4)   Details of design and construction shall meet all village requirements; and
      (5)   Entrance curbs and storm drainage provisions shall be required on all street frontages, and shall meet with the approval of the Village Engineer and the standard specifications of the village.
   (K)   Land use development or change.
      (1)   Prior to the issuance of a building permit for any new construction or development within the B-1, B-2, B-3, B-4, and P-B districts, site, landscaping and development (engineering) plans shall have been approved.
      (2)   Any construction or development of a structure with more than 2,500 square feet or on a lot or parcel larger than one-acre in size shall occur only as a planned unit development.
      (3)   All shopping centers shall be developed as a planned unit development.
      (4)   Any construction or development not requiring the approval of a PUD may be approved by the Community Development Department except where action by the Village Board is required, such as approval of a special use permit, a Variance, or a similar action.
      (5)   Any change in use may be approved by the Community Development Department except where action by the Village Board is required, such as approval of a Special Use Permit.
   (L)   Special provisions. The following special provisions shall apply to those specific uses outlined in this section:
      (1)   All outdoor parking, storage and sales space shall be improved with a permanent, durable, and dustless surface (asphalt or concrete), and shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses. All unpaved surfaces shall be sodded and landscaped;
      (2)   All outdoor storage facilities for fuel, raw materials, and products shall be enclosed by a fence, wall built of the same materials as the building, or plant materials adequate to conceal the facilities from adjacent properties and public rights-of-way;
      (3)   No wastes or materials shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces;
      (4)   All uses and activities shall conform with the performance standards as enumerated in §§ 159.022 through 159.027 of this chapter;
      (5)   Lighting used to illuminate any outdoor sales area, off-street parking or loading areas shall be so arranged and designed as to reflect the light away from adjoining properties;
      (6)   All outdoor parking areas shall conform with the off-street parking regulations as enumerated in §§ 159.105 through 159.111 of this chapter.
      (7)   All outdoor dining areas shall be subject to the following conditions and restrictions:
         (a)   Outdoor seating, tables and canopies shall not obstruct any sidewalk or street, whether public or private.
         (b)   Outdoor dining areas shall be permitted only as accessory uses to a permitted use on the property.
         (c)   Fences and other protective barriers intended to provide privacy or to demarcate the limits of the outdoor dining area are permitted provide they are setback at least five feet from any public sidewalk and are not located in a vision triangle at the intersection of any two streets or at the intersection of a street and driveway.
         (d)   Outdoor dining areas shall be located on the same zoning lot as the use serves.
         (e)   Trash receptacles shall be provided in sufficient number to control litter and waste.
         (f)   Outdoor dining areas may be located in required yards, except that covered outdoor dining areas shall comply with all required building setbacks. No outdoor dining areas shall be located in any required yard or transition yard along any residential zoning district.
         (g)   Outdoor dining areas shall remain open to the elements. Table umbrellas, awnings and other temporary sun shade devices shall be permitted.
         (h)   No permanent fixtures related to or associated with outdoor dining areas shall be permitted on a public sidewalk within a public right-of-way.
         (i)   No live entertainment shall be provided in connection with outdoor dining areas. Speakers may be placed in outdoor dining areas but shall be modulated so as not to interfere with conversations outside the outdoor dining area.
         (j)   No outdoor dining area shall be used after the hour of 10:00 p.m.
   (M)   Commercial lighting standards.
      (1)   A photometric plan will be required as part of the final development plan for all nonresidential projects and for residential developments that utilize parking lots. It will also be required for billboards/signage where a final development plan is not required. The plan must show the location, size (wattage), mounting height, orientation, type, design, and plans for all outdoor lighting and signs including wall mounted lighting. The plan must show the levels of illumination in footcandles (fc) at ground level (minimum 10' x 10' grid). A catalog sheet showing the proposed lighting fixtures must be included.
         (a)   Lighting for photometric plans must be maintained and operable at all times.
      (2)   To reduce glare, only "fully shielded" or "full cutoff" light fixtures are allowed. Fully shielded means that no light is emitted above the horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated. In addition, on sites adjacent to residential property, no direct light source (bulb/filament) shall be visible at the property line at ground level.
      (3)   The average maintained illuminance shall not exceed nor be less than 80% of the levels set below. Uses not listed below shall not exceed nor be less than 80% if the levels set by the Illuminating Engineering Society of North America (IESNA). The uniformity ratio shall not exceed the level set by the IESNA. These levels include:
Use
Average
Minimum
Maximum
Uniformity Ratio
(fc)
(fc)
(fc)
(Avg/Min)
Regional shopping center
3.6
0.6
--
6:1
Fast food facility
3.6
0.6
--
6:1
Commercial shopping center
2.4
0.4
--
6:1
Office parking
2.4
0.4
--
6:1
Neighborhood shops
2.4
0.4
--
6:1
Industrial parking
2.4
0.4
--
6:1
Church parking
2.4
0.4
--
6:1
 
Use
Average
Minimum
Maximum
Uniformity Ratio
(fc)
(fc)
(fc)
(Avg/Min)
Building entrances
--
5.0
--
--
Apartment parking lots
1.6
0.3
--
6:1
Truck parking and maneuvering areas
2.4
--
--
--
Bank drive thru and ATM areas
--
--
40
--
Service station:
   - Pump islands
30
--
45
--
   - Service areas
3
--
--
--
Auto lots
7
1.2
20
6:1
 
Note: These requirements only apply to areas used by vehicles and pedestrians. They do not apply to landscaped areas.
      (4)   Where non-residential sites are adjacent to residential sites, the light level at the property line produced by the non-residential lighting shall not exceed 0.0 footcandles.
      (5)   Except as otherwise allowed in the development regulations, luminaries shall not be mounted in excess of 30 feet above grade, or the height of the primary structure, whichever is less; provided however, luminaries located within 200 feet of a single family residential zoning district shall not be mounted in excess of 20 feet above grade or the height of the primary structure, whichever is less.
      (6)   Service-station canopy lighting shall be accomplished using flat-lens full-cutoff down-lighting fixtures, shielded in such a manner that the edge of the fixture shielded be level with or below the light source envelope.
      (7)   All other under-canopy lights must be fully recessed into the canopy.
      (8)   All non-residential lighting is required to be turned off no later than 60 minutes after business hours, only leaving the minimum lighting necessary for site security.
         (a)   The minimum site security lighting must meet the minimum standards in division (M)(3) of this section.
         (b)   Security lighting must be capable of being activated and turned off by photo sensors or time.
            1.   Security lighting must be illuminated ½ hour prior to sunset and turned off ½ after sunrise.
         (c)   Parking lots must meet the minimum illumination standards in division (M)(3) of this section.
         (d)   For all commercial buildings developed prior to the adoption of division (M)(1) of this section which were not required to submit a photometric plan to the village, wall mounted entrance/exit lighting is required for all entrances and exits on commercial buildings.
      (9)   Definitions and terms used in this section shall be defined by the IESNA handbook, latest edition.
      (10)   All freestanding poles shall:
         (a)   Be located within landscaped areas or planter islands, or on sidewalks, maintaining an accessible sidewalk width.
         (b)   Be located on a concrete base where no more than eight inches of the base is located above grade.
         (c)   Be located to avoid conflict with trees.
         (d)   All poles shall be numbered.
      (11)   Standard fixtures.
 
         (a)   The standard light fixture for retail and commercial developments in Romeoville shall be a matte black architectural style light fixture with an arched mounting arm and a bell-shaped reflector shade. Other earth-toned colors may be used if approved in a PUD. Both single and double mounted fixtures are acceptable. At a minimum, the standard fixture must be used around the perimeter of lots, along access and entrance drives in retail and commercial developments, in key locations, and exclusively on outlots and on lots smaller than three acres. Additional details, such as fluted poles, decorative trim on poles or mounting arms, and decorative bases may be incorporated into the design of the light fixtures.
 
         (b)   The standard ornamental light fixture for use along the historic Route 66 corridor and in the Downtown District shall be a matte black traditionally styled colonial lantern with a four-sided tapered cage and solid black metal roof. The lantern shall be mounted on a fluted pole with a down swept arm mount. Finials should be incorporated on the top of the pole, top of the lantern, and on the mount, as shown in the illustration. Both single and double mounted fixtures are acceptable. The standard ornamental fixture shall be used along storefronts along the Route 53 corridor and along the sidewalks in Downtown Romeoville. The standard fixture must be used around the perimeter of lots, along access and entrance drives in retail and commercial developments, in key locations, and exclusively on outlots and on lots smaller than three acres.
 
         (c)    In other locations, a standard box light with a decorative banding detail may be used. The standards box light must match the architectural lights in color. Additional details, such as decorative trim on poles and decorative bases may be incorporated into the design of the light fixtures provided that they are coordinated with the architectural style light fixtures.
      (12)   The village shall have the right to conduct a post-installation inspection to verify compliance with the requirements of this chapter, and if appropriate, to require a remedial action at no expense to the village.
      (13)   Non-conforming lighting; all lighting fixtures shall be brought into conformity when at such time as 50% or more of the poles are changed, replaced, or added on a property.
      (14)   The Village of Romeoville retains the right to require that when a non-residential property abuts a residential property or the light from any such non-residential property directly affects any other property that high pressure sodium lights shall be required.
      (15)   Linear lighting (including neon, fluorescent, rope-lighting, LED lighting, and low voltage strip-lighting) primarily intended as an architectural highlight to attract attention or used as a means to identification or advertisement shall be prohibited.
      (16)   Maintenance standards; all lighting fixtures present must be operable and compliant with the adopted International Property Maintenance Code.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07; Am. Ord. 07-0509, passed 2-21-07; Am. Ord. 07-0556, passed 7-18-07; Am. Ord. 08-0702, passed 9-3-08; Am. Ord. 16-1306, passed 9-7-16; Am. Ord. 19-1585, passed 8-7-19; Am. Ord. 20-1628, passed 4-1-20)