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(A) Intent and purpose. The R-5A District is intended to reflect the historic development patterns of the older areas within the community. The district allows for the smaller lot sizes and setbacks prevalent when the homes were built. The purpose of the R-5A district is to encourage investment in older subdivisions. Corner lots sharing rear lot lines, as defined above, shall be treated as interior lots for the purpose of locating accessory structures, provided, however, that the corner side yard is enclosed by a fence not less than four feet in height.
(B) Permitted uses (see land use chart, § 159.060(G)). The following uses are permitted within the R-5A district:
(1) Single family detached dwelling units;
(2) [Reserved];
(3) Home occupations, as regulated in § 159.034 of this chapter;
(4) Parks, forest preserves, and recreational areas, when publicly owned and operated;
(7) Accessory uses, as regulated in § 159.020 of this chapter;
(8) Temporary buildings for construction purposes, for a period of time not to exceed construction, or not more than 24 months, whichever is less, unless otherwise approved by the Planning and Zoning Commission;
(9) Public utility facilities, as defined in the State Act entitled, "An Act Concerning Public Utilities"; and
(10) Personal communication facility, located on property owned by the village or other government entity.
(C) Special uses (see land use chart, § 159.060(G)). Upon recommendation by the Planning and Zoning Commission, after public hearing on the petition pertaining thereto, in accordance with the requirements set forth in § 159.176, special uses of this chapter, the corporate authorities of the village may, by "special use permit" allow the following in the R-5 District:
(1) Railroad rights-of-way and trackage, but not including classification yards, terminal facilities, or maintenance facilities;
(2) Private recreation areas or camps;
(3) Schools (elementary and secondary), including playgrounds and athletic fields auxiliary thereto;
(4) Churches and church-schools, and other places of worship;
(5) Public service uses, including:
(a) Filtration plants, pumping stations, and water reservoirs;
(b) Police, fire stations and, any public building erected by any governmental agency;
(c) Telephone exchange facilities; and
(d) Electric substations and booster stations.
(6) Day or nursery schools, public or private;
(7) Planned residential or institutional developments, under single ownership or control, in which incidental business or recreational facilities for the convenience of the occupants may be furnished. For such developments, the Village Board may vary the bulk regulations of this subchapter, provided the variations are consistent with the general purpose and intent of this subchapter, and as set forth in §§ 159.150 through 159.159, and will result in better site planning and thus be of greater benefit both to the occupants of the development and the surrounding areas;
(8) Personal communication facility (see § 159.021); and
(9) Group care home, as defined herein.
(D) Temporary uses (see land use chart, § 159.060(G)). Upon application to and issuance by the Zoning Administrator of a permit thereof, the following use may be operated as a temporary use: processing, screening, washing yards and plants of the quasi-temporary nature connected with the construction of roads which are normally removed when a specific purpose is completed, are permitted under this classification after a permit is obtained from the Building Officer. This permit shall be effective for a period not to exceed six continuous months and shall not be renewed for more than one successive period at the same location.
(E) Accessory uses (see land use chart, § 159.060(G)). Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted; provided they are operated and maintained under the same ownership and on the same parcel, do not include structures or structural features inconsistent with the permitted use or special use and do not involve the conduct of any business, trade, or industry. Accessory uses may include the following:
(1) Garages, carports, or other parking spaces for the exclusive use of residents or occupants of the premises (see § 159.020);
(2) Real estate signs, not exceeding 12 square feet for each face that are setback from every property line at least ten feet;
(3) Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use and personal enjoyment of residents of the premises and not for commercial purposes.
(F) Site and structure requirements.
(1) Lot area. The minimum area for each lot shall be not less than 6,000 square feet (0.13 acres).
(2) Lot width/frontage. The minimum lot width for each lot shall be not less than 60 feet. Corner lots shall be not less than 80 feet.
(3) Lot depth. The minimum lot depth for each lot shall not be less than 100 feet.
(4) Building coverage. Building coverage shall not exceed 40%.
(5) Building height. No building within the R-5A District hereinafter constructed shall exceed 30 feet in height to the highest roof peak, or 2-1/2 stories, whichever is less.
(6) Setbacks.
(a) Front yards, shall be not less than 22 feet from the property line;
(b) Side yards, shall be not less than five feet from the property line. Corner lot side yards shall not be less than 20 feet; and
(c) Rear yards, shall be not less than 20 feet from the property line.
(7) Floor area ratio (F.A.R.). For all uses the floor area ratio for each lot shall not exceed sixty-five tenths (0.65).
(8) Minimum dwelling unit size.
(a) Two bedrooms, 1,100 square feet;
(b) Three bedrooms, 1,200 square feet;
(c) Four bedrooms, 1,300 square feet.
(9) Lot coverage. The maximum lot coverage shall be 50%.
(10) Minimum landscape coverage. The minimum landscape coverage shall be 50%.
(G) The only territories that can be zoned to the R-5A district are those territories where more than 75% of the dwelling units were built prior to 1975.
(Am. Ord. 05-0285, passed 6-15- 05; Am. Ord. 05-0313, passed 2- 1-06; Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07; Am. Ord. 08-0698, passed 8-20-08; Am. Ord. 09- 0800, passed 12-16-09; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 18-1482, passed 5-16-18)
BUSINESS/COMMERCIAL DISTRICT
(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;
(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.
(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.
(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;
(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;
(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)
(A) Intent and purpose. The B-1 District is composed of only those establishments which supply convenience goods or personal services, satisfying the daily needs of the residents of the abutting neighborhoods. While the District is designed to encourage limited size shopping centers with adequate off-street parking and loading facilities, the district is primarily intended for walk-in trade.
(B) Permitted uses. Permitted uses shall include the following:
(1) Art and school supplies;
(2) Bakeries, retail sales only, no baking permitted;
(3) Barber and beauty shops;
(4) Book and stationary shops;
(5) Camera and photographic equipment, not including film processing on site;
(6) Candy shop and ice cream store;
(7) Clothing repair and alterations;
(8) Coin and philatelic (stamp collector) stores;
(9) Dry cleaners and laundry, receiving station only, not including processing;
(10) Dry Goods, retail sales;
(11) Florists, retail sales only;
(12) Furrier, sales only;
(13) Gift shops;
(14) Hardware, paint, and wallpaper stores;
(15) Hobby shop;
(16) Household appliance stores, retail sales only;
(17) Jewelry, watch repair and sales, not including precious metal purchase stores;
(18) Laundromat;
(19) Medical clinic;
(20) Millinery (women's apparel for the head) store;
(21) Music stores dealing in the sales of phonographs, records, tape recorders, tapes, sheet music, compact disc, laser discs;
(22) Musical instruments, sales and lessons;
(23) Newsstands;
(24) Offices, business or professional;
(25) Professional offices for insurance, real estate, investment, and other professional offices. Not including depository and non-depository credit institutions, banks, currency exchanges, pay day loans, security and commodity brokers, exchanges and services;
(26) Photo studios;
(27) Radio and television sales and service, including video recorders, tapes, sales and rentals;
(28) Restaurants, sit down and carry-out only. No drive-in establishments and no alcohol;
(29) Shoe sales and repair;
(30) Tanning salon;
(31) Travel agency;
(32) Personal communication facility, located on property owned by the village or other government entity;
(33) Shopping center (PUD required).
(C) Special uses. Upon recommendation by the Planning and Zoning Commission, after public hearing on the petition pertaining thereto, in accordance with the requirements set forth in § 159.176, special uses of this chapter, the Corporate Authorities of the village may, by "special use permit" allow the following in the district:
(1) Churches and church-schools, and other places of worship;
(2) Gasoline service stations, retail sales only, with convenience stores.
(3) Liquor store-packaged goods, retail sales only;
(4) Nursery and day care centers;
(5) Public utility and governmental service uses;
(6) Residential, above the first floor of business/commercial uses;
(7) Restaurant with a beer and wine license, for consumption on the premises only;
(8) Outdoor dining areas, accessory to a permitted use serving liquor;
(9) Planned unit development.
(D) Temporary uses. Upon application to and issuance by the Zoning Administrator of a permit thereof, the following use may be operated as a temporary use: processing, screening, washing yards and plants of the quasi-temporary nature connected with the construction of roads which are normally removed when a specific purpose is completed, are permitted under this classification after a permit is obtained from the Building Officer. This permit shall be effective for a period not to exceed six continuous months and shall not be renewed for more than one successive period at the same location.
(E) Accessory uses. Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted; provided they are operated and maintained under the same ownership and on the same parcel, do not include structures or structural features inconsistent with the permitted use or special use or with § 159.020 of this chapter. Accessory uses may include the following:
(1) Storage building/structure accessory and used exclusively by the occupants/tenants/owners of the premises;
(2) Real estate signs, not exceeding 32 square feet for each face and setback from every property line at least ten feet;
(3) Outdoor dining areas, subject to the requirements of § 159.070(K).
(F) Site and structure requirements. The following standards shall apply and be considered as minimum requirements for the district:
(1) District size. The minimum area for the B-2 District shall be not less than (43,560) square feet (one acre), nor more than four acres in size.
(2) Individual lot area. Individual lots within a B-1 District shall have a minimum area of 9,450 square feet.
(3) Individual Lot width/frontage.
Individual lot width shall be a minimum lot width of 70 feet, corner lots shall be a minimum of 120 feet.
(4) Lot depth. The minimum lot depth for each lot shall not be less than 135 feet.
(5) Lot coverage/impervious surface. Lot coverage shall not exceed 60% of the lot. Lot coverage plus impervious surface coverage shall not exceed a total of 85% of the total lot.
(6) Building height. No building or structure shall be erected or altered to exceed a maximum height of 25 feet or two stories, whichever is less.
(7) Setbacks.
(a) Front yards, shall be not less than 50 feet from the property line;
(b) Side yards, shall be not less than ten feet for each side yard from the property line;
(c) Rear yards, shall be not less than 30 feet from the property line; and
(d) Transitional yards, where the district adjoins a residential district, shall be provided in accordance with the following:
1. Where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a yard shall be provided along the side or rear lot line. This yard shall be equal in dimension to the minimum side yard which would be required under this chapter for residential use or the adjacent property in the residence district;
2. Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a resident district, a yard equal in depth to the minimum front yard required by this chapter on the adjacent lot in the residence district shall be provided along the front or side lot line for a distance of at least 25 feet, from such a lot in the residence district. There shall be an unobstructed, green setback of no less than ten feet along the remainder of the front or side lot line; and
3. If a rear lot line of a lot is contiguous to a side lot line of a lot located in a residence district, a rear yard shall be provided along that rear lot line equal in dimension to the minimum side yard required under this chapter on the adjacent residential lot.
(8) Floor area ratio (F.A.R.). For all uses the floor area ratio for each lot shall not exceed six tenths (0.6).
(Am. Ord. 07-0508, passed 2-21- 07; Am. Ord. 08-0651, passed 5- 21-08; Am. Ord. 09-0800, passed 12-16-09; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 12-0972, passed 4-4-12; Am. Ord. 14-1086, passed 2-5-14; Am. Ord. 18-1482, passed 5-16-18)
(A) Intent and purpose. The B-2 District is intended to provide facilities used as the main shopping area for residents of the village and other nearby communities and subdivisions. The Community Shopping District is to permit most types of business or commercial uses, offices, and service establishments; is normally centrally located with respect to the village; and is located at major intersections or along a major street.
(B) Permitted uses. Permitted uses shall include the following:
(1) Permitted uses as listed in the B-1 Local Shopping District;
(2) Amusement centers, indoor only;
(3) Antique shops;
(4) Art gallery, studio and sales;
(5) Army/Navy/Military surplus sales;
(6) Auto accessory stores, retail sales only, no repairs;
(7) Auto driving schools;
(8) Bakeries, with products produced on site;
(9) Bicycle sales and service;
(10) Blueprinting, photocopy services;
(11) Bookbinding services;
(12) Business machines, sales and service;
(13) Carpet and floor coverings, retail sales;
(14) China and glassware retail sales;
(15) Christmas Tree sales lots, temporary from November 21 to December 31 and in accordance with § 159.070(K);
(16) Costume rentals, sales;
(17) Child day care facility or mini day care center (see § 159.003 for definition);
(18) Department stores;
(19) Dog groomers without over night stays;
(20) Drapery sales and service;
(21) Electrical appliances and supplies, sales and service;
(22) Exhibition centers, meeting halls, community center;
(23) Farm and garden supply retail sales, no outside storage;
(24) Food/grocery stores;
(25) Funeral home, mortuary; no cremation;
(26) Furniture and home furnishings sales and service;
(27) Furrier, inclusive of incidental storage and minor repairs only;
(28) Health clubs, tennis/racquet clubs;
(29) Household appliances sales and service;
(30) Interior decorating sales and service;
(31) Library;
(32) Liquor store-packaged goods, retail sales only;
(33) Locksmith;
(34) Mail order, not including motor freight;
(35) Newspaper offices;
(36) Office supplies and equipment retail sales;
(37) Parking garages or lots; does not include motor vehicle storage or repair;
(38) Pet sales and supplies;
(39) Plumbing supplies sales and service;
(40) Restaurant, including drive-through facilities;
(41) Sewing machines sales and service;
(42) Sporting goods retail sales, not including firearm sales and services;
(43) Sports medicine/therapy;
(44) Tack shop;
(45) Taxidermists;
(46) Theaters, indoor only;
(47) Tobacco sales;
(48) Toy store;
(49) United States Post Offices;
(50) Personal communication facility, located on property owned by the village or other government entity.
(51) Professional offices for insurance, real estate, investment, security and commodity brokers, exchanges and services. Not including depository and non-depository credit institutions, banks, currency exchanges, and pay day loans.
(52) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto, provided that those uses are not explicitly mentioned as permitted or special uses elsewhere in this chapter;
(53) Seasonal garden shops.
(C) Special uses. Upon recommendation by the Planning & Zoning Commission, after public hearing on the petition pertaining thereto, in accordance with the requirements set forth in § 159.176, special uses of this chapter, the corporate authorities of the village may, by "special use permit" allow the following in the district:
(1) Special uses as listed in the B-1 Local Shopping District;
(2) Animal hospital, veterinarian office; no boarding;
(3) Banquet hall;
(4) Business and commercial schools, including dancing and music schools;
(5) Business colleges, trade schools;
(6) Car wash;
(7) Cartage, express, and special delivery services, not including motor freight;
(8) Clubs, public or private, indoor only;
(9) Depository and non-depository credit institutions, banks, currency exchanges, pay day loans, and similar uses subject to the following conditions.
(a) Drive through facilities are not permitted.
(b) Indoor and parking lot security cameras are required in conformance with section.
(c) Development of new depository and non-depository credit institutions, banks, currency exchanges, pay day loans, and similar uses.
1. New construction on heretofore vacant lots must be a minimum of two stories in height.
2. The second story must be functional and cover a minimum of 75% of the floor area of the first floor.
3. New institutions in existing buildings are not required to add a second story.
(10) Equipment rentals, with outdoor storage of, limited equipment repairs within the confines of the structure/building;
(11) Hospitals with ancillary uses;
(12) Hotels;
(13) Lounge;
(14) Outdoor dining areas, accessory to a permitted or special use serving liquor;
(15) Photo developing and processing;
(16) Printing, publishing, lithography;
(17) Massage parlor;
(18) Spa or day spa;
(19) Tattoo parlor, subject to all health regulations of village, county, and state;
(20) Restaurant with a beer and wine license, for consumption on the premises only;
(21) Taverns.
(D) Temporary uses. Upon application to and issuance by the Zoning Administrator of a permit thereof, the following use may be operated as a temporary use: processing, screening, washing yards and plants of the quasi-temporary nature connected with the construction of roads which are normally removed when a specific purpose is completed, are permitted under this classification after a permit is obtained from the Building Officer. This permit shall be effective for a period not to exceed six continuous months and shall not be renewed for more than one successive period at the same location.
(E) Accessory uses. Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted provided they are operated and maintained under the same ownership and on the same parcel and that they do not include structures or structural features inconsistent with the permitted use or special use or with § 159.020. Accessory uses may include the following:
(1) Storage building/structure accessory and used exclusively by the occupants/tenants/ owners of the premises.
(2) Real estate signs, not exceeding 32 square feet for each face and setback from every property line at least ten feet.
(3) Outdoor dining areas, subject to the requirements of § 159.070(K).
(4) Outdoor sales areas, provided that they meet the following requirements:
(a) Outdoor sales must be restricted to private property and must be conducted only on the premises of the business operating the primary facility.
(b) Goods/merchandise may be stacked along the front of a building provided that it does not exceed eight feet in length, three feet in depth and three feet in height.
(c) Goods/merchandise may be stacked along the rear or side of a building provided that the area meets all building setbacks in the zoning district and the requirements of this Code.
(d) Goods/merchandise must be enclosed by an aesthetically-pleasing masonry structure or enclosure that complements the building and does not block any doors or windows. The structure must be completely enclosed on all sides and must incorporate a closing lid or door. The lid or door must be coordinated and made of a high quality material such as wrought iron. Additionally, the structure must meet the design criteria contained in § 159.158.
(e) No goods or merchandise shall be placed in any manner that violates the sight triangle requirements established in § 159.014.
(f) Goods/merchandise may not obstruct any sidewalk, walkway, or pedestrian path. Sidewalks, walkways, and pedestrian paths must have a minimum width of five feet free and clear of storage, displays, or sales.
(g) A safe loading area must be provided.
(h) Parking requirements must be met for the primary use and the increased requirement resulting from the use of the outdoor sales area.
(i) Goods/merchandise may not be displayed on gas pump islands or between gas pumps.
(j) Goods/merchandise must be located on an asphalt or concrete surface.
(k) Goods/merchandise must be kept in a neat and orderly fashion. Unenclosed merchandise, open bags, spilled merchandise, etc. will not be permitted.
(l) Sale operators must provide adequate lighting after dark. Where electricity is used, it must be serviced by an appropriate number of GFCI outlets protected by weatherproof boxes with metal in-use covers. Extension cords may be no longer than 25 feet, must be rated for wet use, and must be installed to be non-tripping and not in any vehicular path.
(m) Landscaping may not be eliminated to provide room for outdoor sales unless it is possible to relocate the landscaping while maintaining the overall character of the landscape plan for the site.
(n) Outdoor sales areas may only be used for seasonal items that must be kept out- doors (during the time of year when they are typically used), such as mulch, firewood, salt bags, flowers, topsoil, or other merchandise deemed appropriate by the Zoning Administrator.
(o) Other items, such as soft drinks, food, toys (including seasonal toys), and automobile maintenance equipment may not be sold outdoors.
(p) Single ice chests shall be exempt from the requirements of this section.
(q) Single 20-pound propane tanks located in designated storage and exchange sites shall be exempt from the requirements of this section. They must, however, be located on the side or rear of the building.
(r) With the exception of the propane tanks listed above, no flammable materials may be sold outdoors.
(s) Storage of trucks and trailers and sales and/or display of merchandise from trucks or trailers are prohibited.
(t) Outside sales and storage of goods/merchandise not in compliance with the above regulations must be approved by the Village Board.
(u) Submittal requirements: The following shall be submitted as part of an application for outdoor sales areas.
1. A site plan indicating property boundaries, parking location, sales location and size, signage and other information deemed appropriate
2. Letter of permission from property owner.
3. Statement as to how the site shall be maintained during the designated time period.
4. Applications for any additional permits required for the proposed outdoor sales such as temporary signs (which must comply with requirements of § 159.127).
5. A $200 deposit shall be required to ensure that cleanup of the site is accomplished within seven days after the expiration of the sales permit and to ensure that the conditions of the permit and requirements of this section are followed. If the cleanup is not accomplished in that time, or if the conditions of the permit are not met, the deposit shall be forfeited
6. The permit fee for an outdoor sales area (this fee may be waived by the Zoning Administrator where the entire profit from the operation is given to charity or used for charitable purposes.)
(5) Temporary sales or seasonal sales areas are permitted provided that they meet the requirements listed in division (4) above, except as modified by the following.
(a) Temporary/seasonal outdoor sales may also be allowed in the yard or parking area of the subject property.
(b) The outdoor sales area may not occupy a space larger than the smaller of 5,000 square feet or 10% of the overall square footage of the building.
(c) Seasonal outdoor sales of gardening products must be limited to the display and sale of flowers, vegetables, bagged garden products, landscape products and statuaries. Outdoor sales of fencing, lumber, and other similar products are prohibited.
(d) Temporary/seasonal outdoor sales of gardening products must be conducted by the operator of primary business on the premises with a current village business license that permits the sale of gardening products.
(e) Temporary or seasonal sales must be enclosed by a minimum of a rail/fence system or a greenhouse.
(f) Each permit for temporary/ seasonal sales areas shall be valid for a period of not more than 120 days. Only one permit shall be allowed per calendar year. Seasonal permits issued for periods less than 120 days will be counted as one permit. Temporary tent sales for special events shall be exempt from these requirements and shall be allowed in accordance with § 159.020(F)(1).
(g) Outdoor sales of Christmas trees must be limited to 60 days, beginning on November 1 and ending on December 31. A permit is required but shall not count as the single temporary/seasonal permit allowed per lot.
(6) Video gaming terminal locations, accessory to the conduct of a permitted use or approved special use authorizing the sale of alcoholic beverages for on-premises consumption, subject to the following conditions:
(a) The term "video gaming terminal" shall have the meaning set forth in § 138.01(E) of the Village Code of Ordinances.
(b) All persons seeking to operate video gaming terminals at a given location must possess all licenses required under the Video Gaming Act and Illinois Gaming Board regulations for the operation of video gaming terminals at the proposed location.
(c) No more than six video gaming terminals may be operated at a given location.
(d) All owners or persons allowing the use of premises for video gaming terminal operations must possess a current and valid liquor license issued by the village Local Liquor Control Commissioner.
(e) All proposed video gaming terminal special use permit locations shall be at least 100 feet from any school, church or house of worship. Distances shall be measured consistently with the then-current regulations or customary practices of the Illinois Gaming Board.
(f) The operation of video gaming terminal locations at any location qualified or proposing to qualify as a “licensed truck stop establishment” within the meaning of Section 5 of the Illinois Video Gaming Act, ILCS Ch. 230, Act 40, § 5 shall, in addition to complying with the applicable requirements of the Illinois Video Gaming Act and the then-current regulations of the Illinois Gaming Board, be subject to the following further conditions:
1. The licensed truck stop establishment serving as the video gaming terminal location shall be located on a principal lot containing not less than five acres, and which principal lot shall be the site of the convenience store required to be included as a part of such licensed tuck stop establishment, and of all fuel dispensing pumps required or contemplated to be provided as part of the licensed truck stop establishment. Provided that the licensed truck stop establishment complies with the preceding sentence and the other conditions of this section, the licensed truck stop establishment may provide all or some portion of the required number of dedicated truck parking spaces herein required on an adjacent lot containing not less than three acres that is under common ownership with the principal lot and which is contiguous to the principal lot, or separated from the principal lot only by a privately owned roadway constructed and maintained for the benefit of the subdivision or development that includes both the principal lot and the adjacent lot. For purposes of this § 159.072(E)(6)(f)1. only, the foregoing requirement of common ownership of the principal lot and the adjacent lot to be used for dedicated truck parking spaces may be satisfied by a licensed truck stop establishment by providing the village with documentary evidence reasonably acceptable to the village that establishes that each of such lots is leased to the same identical tenant under lease terms initially providing such tenant with the right to occupy each of such lots for not less than 30 years, where the terms of such leases further grant to the tenant the rights to use such lots for the conduct of a licensed truck stop establishment as referenced in this § 159.072(E)(6)(f); and
2. The convenience store included as part of such a licensed truck stop establishment shall consist of not less than 5,000 square feet in area; and
3. The licensed truck stop establishment serving as the video gaming terminal location shall provide that number of dedicated truck parking spaces equal to the sum of the number of pumps dispensing or able to dispense diesel or biodiesel fuel at such establishment plus the number of video gaming terminals proposed to be operated within such licensed truck stop. As used herein, a “dedicated truck parking space” shall mean and include an area designated by the owner or operator of the licensed truck stop establishment reserved for the exclusive use of its customers for the parking of trucks while patronizing the licensed truck stop establishment, capable of being occupied for such use without otherwise disrupting or affecting the operations of the licensed truck stop establishment, and which shall be not less than 65 feet in length and 12 feet in width, and constructed and surfaced as otherwise required by this Code and the Village Code of Ordinances.
(F) Site and structure requirements.
(1) District size. The minimum area for the B-2 District shall be not less than four acres, nor more than eight acres in size.
(2) Individual lot area. Individual lots within a B-2 District shall have a minimum area of 12,150 square feet.
(3) Individual lot width/frontage. Individual lot width shall be a minimum lot width of 90 feet, corner lots shall be a minimum of 150 feet.
(4) Lot depth. The minimum lot depth for each lot shall not be less than 135 feet.
(5) Lot coverage/impervious surface. Lot coverage/impervious surface shall not exceed 60% of the lot. Lot coverage plus impervious surface coverage shall not exceed a total of 85% of the total lot.
(6) Building height. No building or structure shall be erected or altered to exceed a maximum height of 25 feet or two stories, whichever is less.
(7) Setbacks.
(a) Front yards, shall be not less than 60 feet from the property line;
(b) Side yards, shall be not less than ten feet for each side yard from the property line;
(c) Rear yards, shall be not less than 30 feet from the property line; and
(d) Transitional yards, where the district adjoins a residential district, shall be provided in accordance with the following:
1. Where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a yard shall be provided along the side or rear lot line. This yard shall be equal in dimension to the minimum side yard which would be required under this chapter for residential use or the adjacent property in the residence district;
2. Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a resident district, a yard equal in depth to the minimum front yard required by this chapter on the adjacent lot in the residence district shall be provided along the front or side lot line for a distance of at least 25 feet, from such a lot in the residence district. There shall be an unobstructed, green setback of no less than ten feet along the remainder of the front or side lot line; and
3. If a rear lot line of a lot is contiguous to a side lot line of a lot located in a residence district, a rear yard shall be provided along that rear lot line equal in dimension to the minimum side yard required under this chapter on the adjacent residential lot.
(8) Floor area ratio (F.A.R.). For all uses the floor area ratio for each lot shall not exceed eight tenths (0.8).
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0509, passed 2-21-07; Am. Ord. 07-0599, passed 12-19-07; Am. Ord. 08-0651, passed 5-21-08; Am. Ord. 08-0715, passed 11-19-08; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 12-1021, passed 12-19-12; Am. Ord. 14-1086, passed 2-5-14; Am. Ord. 15-1180, passed 3-18-15; Am. Ord. 15-1229, passed 11-18-15; Am. Ord. 19-1564, passed 5-1-19; Am. Ord. 19-1604, passed 12-18-19; Am. Ord. 22-1794, passed 9-21-22)
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