(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)