§ 159.073 B-3 HIGHWAY/REGIONAL SHOPPING DISTRICT.
   (A)   Intent and purpose. The purpose of this district is intended to provide areas for those establishments which depend to a large extent on customers arriving by automobile, and whose market area extends beyond the village limits. This district should be located along a major arterial or highway, and should contain adequately-sized parcels of land with larger setbacks, open-clear viewing, and safely located entrances and exit points.
   (B)   Permitted uses. Permitted uses shall include the following:
      (1)   Permitted uses as listed in the B-2 Community Shopping District;
      (2)   Ambulance services, private;
      (3)   Animal hospitals, veterinarian office with no boarding;
      (4)   Business and commercial schools;
      (5)   Casket, casket supplies and sales;
      (6)   Catering;
      (7)   Commercial greenhouses;
      (8)   Equipment or car rentals, with outdoor storage of, limited equipment repairs within the confines of the structure/building;
      (9)   Heating, air conditioning sales and service with no outside storage;
      (10)   Hospitals;
      (11)   Linen, towel and diaper services;
      (12)   Monument sales;
      (13)   Orthopedic and medical supplies sales and service;
      (14)   Printing, publishing and lithography;
      (15)   Parcel delivery station, not including motor freight terminal;
      (16)   Personal communication facility, located on property owned by the village or other government entity;
      (17)   Radio and television studios, no transmission towers;
      (18)   Massage parlor;
      (19)   Spa or day spa;
      (20)   Tattoo parlor, subject to all health regulations of village, county, and state;
      (21)   Restaurant, including drive-through facilities, alcohol sales and outdoor seating;
      (22)   Food truck or food truck operator, subject to the requirements of Chapter 129 (Food Trucks and Food Truck Operators), but only when the food truck in question is operated in connection with the operation of an establishment licensed to serve alcoholic beverages for on premises consumption through a duly issued Class M-1 or Class O liquor license issued by the Local Liquor Control Commissioner in accordance with the provisions of Chapter 112 of the Village Code of Ordinances.
   (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, 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-2 Community Shopping District;
      (2)   Agricultural implements sales and service;
      (3)   Animal hospitals, veterinarian office, including boarding of animals;
      (4)   Automobile dealerships which concentrates its business primarily in the sale of new passenger vehicles, but also including the servicing of vehicles and the sales of used vehicles in connection with the dealership, subject to the following requirements:
         (a)   Must be located on a lot that is at least five acres in size;
         (b)   The property must include a sales/showroom and service building of at least 40,000 square feet in size;
      (5)   Building materials sales and service, where materials are stored within an enclosed area;
      (6)   Cannabis facility. As used in this chapter, "cannabis facility" shall mean a "dispensing organization," "infuser," "processor," or "transporter" as defined in the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq. and the Cannabis Regulation and Tax Act, PA 101-27 (hereinafter collectively referred to as the Cannabis Acts). In addition to all other special use permit standards required to be met pursuant to this chapter, distribution facilities for medical cannabis shall meet the specific standards listed below:
         (a)   Dispensing organizations, infuser, processor, transporter, located within the Village of Romeoville shall be and are required to be established, operated, and maintained in full compliance with the Cannabis Acts and all other applicable village ordinances and Illinois statutes.
         (b)   Dispensing organizations, infuser, processor, transporter, shall not be located within 750 feet of the property line of any pre-existing public or private pre-schools, elementary schools, secondary schools, or day care centers. Dispensing organizations, infuser, processor, transporter, shall not be located within 750 feet of any property zoned within the UD University zoning district. In addition, dispensing organizations, infuser, processor, transporter, shall not be located within 750 feet from any of the following identified locations: any public library within the limits of the village, the Romeoville Village Hall, the Romeoville Recreation Center, or the Edward Athletic and Event Center. For purposes of § 159.075(C)(7), the relevant distance shall be measured between the nearest points on the property lines of the lot(s), tract(s) or tax parcel(s) used for cannabis related uses, and the lot(s), tract(s) or tax parcel(s) or zoning districts from which any separation required by § 159.075(C)(7) shall be maintained.
            1.   In addition to the distance/separation requirements otherwise set forth in this section, any dispensing organization, infuser, processor, transporter, located in a B-3 zoning district shall not be located within 750 feet of any church or place of worship within the corporate limits of the village that is located in a zoning district other than a P-B zoning district, an M-1 zoning district or an M-2 zoning district.
         (c)   Dispensing organizations, infuser, processor, transporter, shall not be located in any building containing, in whole or in part, any residential uses.
      (7)   Crematoriums;
      (8)   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 permitted. New drive through facilities shall not face a public street.
         (b)   Indoor and parking lot security cameras are required in conformance with section.
         (c)   Development of new depository and non-depository credit 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. Existing drive through facilities shall be allowed to continue but may not be expanded.
      (9)   Flex space with less than 50% office space but more than 20% office space;
      (10)   Full-service hotel;
      (11)   Lumber yards, provided that the yard contains a principal building of at least 5,000 square feet;
      (12)   Open sales lots in accordance with the special provisions as noted in § 159.070(L);
      (13)   Resale of used clothing and/or resale of used sporting equipment only; not to include pawn shops;
      (14)   Retail sale of general household merchandise previously owned by the intended user or consumer, including clothing, furniture, home decor items, kitchen utensils and small appliances, consumer electronics, sporting goods, toys, recreational equipment and other household goods, but excluding merchandise marketed, held out, sold, valued or otherwise considered as antique merchandise, and excluding pawn shops and precious metal purchase shops, subject to the following conditions:
         (a)   All sales of merchandise permitted hereunder shall be conducted entirely from within a freestanding building not less than 15,000 square feet in area;
         (b)   All buildings used for the sale of merchandise permitted hereunder shall include separate entrances for retail customers and persons delivering previously owned merchandise to the establishment;
         (c)   All deliveries of merchandise to a building used for the sale of merchandise as permitted hereunder shall be made in person to an employee of the establishment during such hours as the establishment is open to the general public, and the use of unattended containers, receptacles, depositories, boxes or like devices for the receipt or collection of merchandise to be sold as contemplated hereunder shall be prohibited.
      (15)   Sports arenas, stadiums;
      (16)   Sporting goods including firearms sales and service. Facility shall not include a firing range;
      (17)   Swimming pool sales and service;
      (18)   Theaters, including drive-in;
      (19)   Personal communication facility (see § 159.021);
      (20)   Self-storage facilities.
   (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 § 159.021. Accessory uses may include the following:
      (1)   Storage building/structure accessory and used exclusively by 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, subject to the requirements of § 159.072(E).
      (5)   Provision of massage or massage therapy, where incidental to or offered in conjunction with any of the following lawfully established principal uses: hospital, sanitarium, nursing home, physical therapy or rehabilitation clinic, health or fitness club, spa or day spa, or the practice of any branch of the healing arts as currently and validly licensed by the State of Illinois.
   (F)   Site and structure requirements.
      (1)   District size. The minimum area for the B-3 district shall be not less than ten acres. There is no maximum limit on the area of a B-3 district.
      (2)   Individual lot area. Individual lots within a B-3 district shall have a minimum area of 15,000 square feet.
      (3)   Individual lot width/frontage. Individual lot width shall be a minimum lot width of 100 feet, corner lots shall be a minimum of 160 feet.
      (4)   Lot depth. The minimum lot depth for each lot shall not be less than 150 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 40 feet or three 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 residence 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. 05-0312, passed 2-1-06; 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. 07-0599, passed 12-19-07; Am. Ord. 08-0651, passed 5-21-08; Am. Ord. 10-0816, passed 1-20-10; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 14-1086, passed 2-5-14; Am. Ord. 14-1097, passed 3-19-14; Am. Ord. 16-1290, passed 7-6-16; Am. Ord. 17-1375, passed 5-17-17; Am. Ord. 19-1533, passed 1-16-19; Am. Ord. 22-1794, passed 9-21-22; Am. Ord. 23-1826, passed 3-15-23)