§ 159.074 B-4 AUTOMOTIVE SERVICE DISTRICT.

(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;

(5) Off-street parking, as regulated in §§ 159.105 through 159.111 of this chapter;

(6) Signs, as regulated in §§ 159.121 through 159.133 of this chapter;

(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;

(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

(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;

(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

§ 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;

(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.

(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.

(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)

§ 159.071 B-1 LOCAL SHOPPING DISTRICT.

(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;

(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)

§ 159.072 B-2 COMMUNITY SHOPPING DISTRICT.

(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.

(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.

(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;

(d) Transitional yards, where the district adjoins a residential district, shall be provided in accordance with the following:

(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)

§ 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.

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.

(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;

(d) Transitional yards, where the district adjoins a residential district, shall be provided in accordance with the following:

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,

(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)

§ 159.074 B-4 AUTOMOTIVE SERVICE DISTRICT.

(A) Intent and purpose. The purpose of this district is intended to provide certain areas for automotive service and related types of uses. The district is intended to be located away from major highways and residential uses.

(B) Permitted uses. Permitted uses shall include the following:

(1) Automotive dealerships, sales and services;

(2) Automotive driving schools;

(3) Automotive, truck and trailer rental agencies;

(4) Automotive parts and accessory stores, sales and service;

(5) Battery, mufflers, shocks and tires sales and service;

(6) Bottled gas sales and service;

(7) Diagnostic service centers, motor vehicles;

(8) Car wash, truck wash, mechanical or self service;

(9) Contractors yards;

(10) Equipment rentals and leasing services with outdoor repair services within a screened/enclosed yard;

(11) Filtration plants, pumping stations and waste-water treatment facilities;

(12) Garage, truck or bus;

(13) Heavy equipment sales and service;

(14) Motor vehicle body shop, repair and rebuilding;

(15) Motor vehicle towing services, no outdoor storage;

(16) Paint shop, automotive;

(17) Public service or municipal garage;

(18) Public utility and governmental service uses, including, but not limited to the following:

(a) Electric distribution stations;

(b) Fire and Police stations;

(d) Radio and television towers and stations;

(e) Railroad rights-of-way;

(f) Telephone exchange buildings, microwave relay towers, and telephone transmission equipment and buildings.

(19) Personal communication facility, located on property owned by the village or other government entity;

(20) Auto repairs, indoor only, not including paint and body shop services;

(21) Boat, trailer, camper sales and service, in accordance with § 159.070(K);

(22) Mobile home sales and service, in accordance with § 159.070(K).

(23) 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) Heavy equipment sales and service, with outdoor storage;

(2) Paint shop, automotive, with outdoor storage;

(3) Truck stop with repair services;

(4) Motor vehicle towing services, with outdoor storage;

(5) Off premise or outdoor advertising (billboard) sign, see requirements contained in §§ 159.121 et seq. (Signage);

(6) Personal communication facility (see § 159.021);

(7) Gasoline service stations, retail sales only, with convenience stores;

(8) Planned unit development;

(9) Churches and church-schools, and other places of worship.

(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 sales, subject to the requirements of § 159.072(E).

(F) Site and structure requirements:

(1) District size. The minimum area for the B-4 District shall be not less than five acres.

(2) Individual lot area. Individual lots within a B-4 District shall have a minimum area of one acre, 43,560 square feet.

(3) Individual lot width/frontage. Individual lot width shall be a minimum lot width of 150 feet, corner lots shall be a minimum of 200 feet.

(4) Lot depth. The minimum lot depth for each lot shall not be less than 300 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 50 feet from the property line;

(b) Side yards, shall be not less than ten feet for each side yard from the property line;

(d) Transitional yards, where the district adjoins a residential district, shall be provided in accordance with the following:

(8) Floor area ratio (F.A.R.). For all uses the floor area ratio (F.A.R.) for each lot shall not exceed one and two tenths (1.2).

(Am. Ord. 07-0508, passed 2-21- 07; Am. Ord. 07-0509, passed 2- 21-07; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 18-1482, passed 5-16-18)

§ 159.075 P-B, PLANNED BUSINESS DISTRICT.

(A) Intent and purpose. The purpose of the P-B District is to provide for a setting whereby multiple use, contemporary business park development can occur. The district may be established only in those instances where the compatibility of a wide variety of architect- ural design standards, landscape design standards, and restrictive covenants which have been previously adopted by the Village Board, have been found to exist at the time of any request to amend a current zoning parcel to the P-B District. Only parcels that are a minimum of 40 acres in size and under single ownership or unified control at the time of application shall be considered for amendment to the P-B District. The Village Board shall determine that adequacy of any proposed amendment to the P-B District. Because developments within the P-B District, like planned unit developments, are expected to incorporate multiple uses and a variety of design standards in a contemporary business park setting, which uses may have unique or unusual impacts on the use and enjoyment of property in the Village, the Village Board may authorize departures and exceptions from strict conformance with the dimension, area, height, bulk and other regulations and limitations of the P-B District, of the other provisions of this chapter and of the other codes and ordinances of the village, provided the same are specified in an annexation agreement, in an ordinance that provides for the zoning of property in the P-B District or in an ordinance or resolution that approves a conceptual, preliminary or final site plan for a use that is to be constructed in the district.

(B) Permitted uses. Permitted uses shall include the following:

(1) Casino (land based) subject to the approval of a development agreement by and between the village and developer;

(2) Offices: business, professional, governmental and medical;

(3) Service business uses shall include the following:

(a) Automobile rental or leasing service;

(b) Depository and non-depository credit institutions, banks, currency exchanges, pay day loans, and similar uses subject to the following conditions.

1. Drive through facilities are permitted. New drive through facilities shall not face a public street.

2. Indoor and parking lot security cameras are required in conformance with this chapter.

3. Development of new depository and non-depository credit institutions, banks, currency exchanges, pay day loans, and similar uses.

a. New construction on heretofore vacant lots must be a minimum of two stories in height.

b. The second story must be functional and cover a minimum of 75% of the floor area of the first floor.

c. 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.

(d) Data processing and computer center, including service and maintenance;

(e) Gas/service stations;

(f) Health, tennis, racquetball, recreation clubs, fitness clubs, and spa or day spa;

(g) Philanthropic and charitable institutions;

(h) Restaurants, including alcohol sales and service, and drive-in or drive-through service;

(i) Schools - business, corporate training, data processing or electronics.

(4) Industrial type uses shall include the following:

(a) Food processing, handling, distribution and warehousing;

(b) Laboratories, offices, and other facilities for research testing, data analysis and development;

(d) Printing and publishing;

(e) Storage and distribution not including bulk commodities or motor freight terminals;

(f) Product research and development;

(g) Warehouse including storage of materials, goods or products and office uses related thereto, provided that all storage occurs within a completely enclosed building;

(h) Showrooms and distribution facilities.

(5) Temporary uses of the land for the installation, maintenance and operation of facilities used by contractors in the ordinary course of construction related to a parcel of land which the temporary construction yard is an integral part, provided such facilities shall be located not less than 200 feet from any building used for residential purposes (that building not being a part of the development site subdivision-planned development), and provided that the period of such temporary use shall not exceed the duration of the construction for the development of the site;

(6) Accessory uses customarily incidental to the above uses or permitted in any of the Manufacturing Districts including structured parking. The retail uses permitted pursuant to this subdivision shall be included within the same building as to which such use is accessory, provided that the use permitted pursuant to this subdivision may be accessed directly from the outside by clients or customers and such use may be advertised by signage that is separate from that to which it is accessory;

(7) Personal communication facility, located on property owned by the village or other government entity;

(8) Shopping center (PUD required);

(9) Public utility and/or service type uses as follows:

(a) Essential services including fully-automated gas regulation stations;

(b) Railroad passenger stations when not located on railroad property;

(d) Sewage treatment plants;

(e) Other governmental and utility service uses.

(10) Food truck or food truck operator, subject to requirements of Chapter 129 (Food Trucks and Food Truck Operators) of this 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 of this Chapter, the corporate authorities of the village may, by "special use permit" allow the following in the district:

(1) Churches, church schools and other places of worship.

(2) Day care center and/or night care facilities;

(3) Full service hotel;

(4) Heliports;

(5) Hospitals;

(6) Hotel;

(7) 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, P.A. 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:

(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 this division (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 this division (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 P-B 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.

(8) Outdoor dining areas, accessory to a permitted use serving liquor.

(9) Planned unit developments in accordance with the provisions under §§ 159.150 through 159.157;

(10) Satellite antenna dishes conforming to § 159.021;

(11) Other uses: Other non-retail office, financial, institutional and industrial uses, not specifically listed above when found to have economic and performance compatibility with the established uses or adjoining properties.

(D) General conditions.

(1) Not more than one principal building or structure shall be located on a zoning lot within this district, except as a planned development;

(2) Every use, unless expressly exempted by this section, shall be operated in its entirety within a completely enclosed building;

(3) Outdoor storage of goods, products, materials, supplies, machinery, or equipment shall not be permitted. Commercial vehicles shall be enclosed with a fence or a solid landscape screen or any combination thereof at a height of not less than six feet above grade;

(4) Except as otherwise provided, establishments of drive-in or drive-through types are prohibited;

(5) Every use, unless expressly exempted by this section shall comply with the "Performance Standards", §§ 159.022 through 159.027 of this chapter, if applicable. All retail uses, unless expressly exempted by this section, shall comply with the Business District standards provided in § 159.070 of this chapter;

(6) Requests for uses or building permits of an industrial nature in the P-B District, shall be required to be accompanied by a certificate from a scientific research laboratory or consultant approved by the Village Board certifying compliance with the "Performance Standards" as required in this section, if such certificate is requested by the Village Board;

(7) Not less than 15% of the lot area shall be provided for landscaping and open space purposes;

(8) A complete landscape plan prepared by a "landscape architect" or qualified landscape contractor shall be presented to the Planning and Zoning Commission for review and recommendation to the Village Board for their action before the issuance of a building permit; and

(9) Outside lighting shall be designed and placed so as not to be disturbing to adjacent residential areas or traffic or public roadways.

(E) Site and structure requirements.

(1) District size. The minimum area for the P-B District shall be not less than ten acres.

(2) Individual lot area. Individual lots within a P-B District shall have a minimum area of 20,000 square feet.

(3) Individual lot width/frontage. Individual lot width shall be a minimum lot width of 125 feet, corner lots shall be a minimum of 175 feet.

(4) Lot depth. The minimum lot depth for each lot shall not be less than 160 feet.

(5) Lot coverage/impervious surface. Lot coverage/impervious surface shall not exceed 60% of the lot. Lot coverage plus impervious 85% of the total lot.

(6) Building height. The height of any building or structure shall not exceed three stories or 50 feet, except as provided for in increased yard setbacks where additional building height is being considered, the setback or the required yard shall be increased by 1/2 a foot for each foot of building height in excess of 50 feet. Parking shall be permitted in the additional yard.

(7) Setbacks.

(a) Front yards, shall be not less than 50 feet in depth along major or secondary arterials, or a major collector as defined by § 159.003 and the Village of Romeoville Master Transportation Plan, or 35 feet along all other roadways;

(b) Side yards, there shall be two side yards, neither of which shall be less than 20 feet in width, except as provided by the divisions below;

(d) Rear and side yards adjacent to water areas. When 50% or more of a rear or side property line is immediately adjacent to a natural water area or a storm water retention/detention area which includes, at its narrowest point, a minimum width of 20 feet, the required rear and side yard shall be ten feet. This provision shall only apply if adequate access is available to said water area; and,

(e) Transitional yards, where the district adjoins a residential district, shall be provided in accordance with the following:

(8) Floor area ratio (F.A.R.). The floor area ratio shall not exceed six tenths (0.60) for a single story building, nor one (1.00) for a multi-story building.

(9) Special provisions.

(a) Signage. Signage as permitted by §§ 159.121 through 159.133 of this chapter.

(b) Off-street parking, loading/ unloading. Off-street parking and loading facilities shall be provided as required or permitted by §§ 159.105 through 159.111 of this chapter, except parking setbacks shall be as follows:

1. Front Yard: 35 feet;

2. Side or Rear Yard: Ten feet;

3. Side or rear yard adjacent to a residential use: 50 feet; and

4. No parking in corner side yards.

(10) Accessory uses accessory uses, buildings, or other structures and devices customarily incidental to or 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 do not include structures or structural features inconsistent with the permitted or special use or with § 159.020 of this chapter. Accessory uses may include the following:

(a) Storage building /structure accessory to and used exclusively by the occupants/tenants/owners of the premises.

(b) Real estate signs not exceeding 32 square feet for each face and set back from every property line at least ten feet.

(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07; Am. Ord. 07-0599, passed 12-19-07; Am. Ord. 08-0651, passed 5-21-08; Am. Ord. 09-0800, passed 12-16-09; Am. Ord. 10-0816, passed 1-20-10; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 12-0990, passed 7-18-12; Am. Ord. 14-1086, passed 2-5-14; Am. Ord. 16-1306, passed 9-7-16; Am. Ord. 18-1482, passed 5-16-18; Am. Ord. 19-1606, passed 12-18-19; Am. Ord. 20-1675, passed 12-16-20; Am. Ord. 23-1826, passed 3-15-23)

§ 159.076 DD - DOWNTOWN DISTRICT.

(A) Intent and purpose. The Downtown District is intended to create a distinctive, walkable neighborhood that features a variety and concentration of valuable destinations and activities. In conjunction with the Downtown Master Plan and the Downtown Design Guidelines, it is intended to:

(1) Create a more viable, walkable shopping experience;

(2) Introduce additional residents to the area;

(3) Create a compelling space for socializing and community events;

(4) Improve resident and visitor hospitality; and

(5) Improve and maintain the overall appearance.

(B) Permitted uses.

(1) Retail.

(a) Antique shops.

(b) Appliance stores.

(d) Art and school supply stores.

(e) Auto accessory stores, retail sales only, no repairs.

(f) Bakeries, in which manufacture of goods is limited to those retailed on the premises.

(g) Bicycle shops, sales and repairs.

(h) Book stores.

(i) Bridal shops.

(j) Business machine sales and service.

(k) Butcher shops.

(l) Camera stores.

(m) Camping equipment sales and rental (excluding trailers and similar campers).

(n) Candle shops.

(o) Candy and confectionery stores.

(p) Card shops.

(q) Carpet stores.

(r) Cell phone store.

(s) Children's apparel shops.

(t) China and glassware stores.

(u) Christmas shops.

(v) Clothing, sales, repair and alterations.

(w) Coin and philatetic (stamp collector) stores.

(x) Computers, sales and service.

(y) Convenience store.

(z) Creative industries.

1. Paint-it pottery.

2. Scrapbook stores.

3. Dance studios.

4. Martial arts studios.

(aa) Drapery sales and service.

(bb) Drug stores and pharmacies.

(cc) Dry cleaning and laundry.

(dd) Florist shops.

(ee) Food stores, including grocery, convenience and specialty (coffee, fudge, health, vitamins, and the like).

(ff) Furniture and home furnishing stores.

(gg) Gift shops.

(hh) Hardware, paint, and wallpaper stores.

(ii) Hearing aid stores.

(jj) Hobby shops.

(kk) Jewelry stores, watch repair and sales.

(ll) Ladies apparel stores.

(mm) Leather goods and luggage stores.

(nn) Linen and bath shops.

(oo) Men's apparel stores.

(pp) Millinery and haberdasheries.

(qq) Musical instrument sales and repairs.

(rr) Music stores dealing in the sales of phonographs, records, tape recorders, tapes, sheet music, compact discs, laser discs, and/or cassette tapes.

(ss) Newsstands.

(tt) Office supplies and equipment stores, retail sales.

(uu) Orthopedic and medical appliance stores.

(vv) Packaged liquor stores, provided that no more that 40% of the square footage of the retail establishment is used for liquor sales.

(ww) Pet stores, sales and supplies.

(xx) Photo studios.

(yy) Plumbing supplies sales and service.

(zz) Pottery shops.

(aaa) Radio and television sales and service, including video recorders, tapes, sales and rentals.

(bbb) Catalogue (order taking) offices of mail-order houses, retail.

(ccc) Sewing machine sales and services.

(ddd) Shoe sales and repair.

(eee) Special import stores.

(fff) Sporting goods sales, service, and rental.

(ggg) Sports card, comic book stores.

(hhh) Stationary stores.

(iii) Tobacco shops.

(jjj) Toy stores.

(kkk) Variety and notion stores.

(lll) Farmer's market.

(2) Dining and entertainment.

(a) Restaurants and eating places (without drive-through).

(b) Ice cream stores or stands.

(d) Amusement centers, indoor only.

(3) Business and services.

(a) Artist and design studios.

(b) Depository and non-depository credit institutions, banks, currency exchanges, pay day loans, and similar uses subject to the following conditions.

1. Drive thrus are not permitted.

2. Indoor and parking lot security cameras are required in conformance with this chapter.

3. Development of new depository and non-depository credit institutions, banks, currency exchanges, pay day loans, and similar uses.

a. New construction on heretofore vacant lots must be a minimum of two stories in height.

b. The second story must be functional and cover a minimum of 75% of the floor area of the first floor.

c. New institutions in existing buildings are not required to add a second story.

(d) Brokerage houses.

(e) Catering services.

(f) Chambers of commerce.

(g) Charitable organizations.

(h) Child day care facilities or mini day care center (See § 159.003 for definition).

(i) Civic associations.

(j) Clothing and costume rental store.

(k) Clubs and lodges, private, fraternal or religious.

(l) Credit agencies.

(m) Currency exchanges.

(n) Data processing centers.

(o) Dry cleaning shops.

(p) Employment agencies.

(q) Electrical and household appliance sales and repair.

(r) Exhibition centers, meeting halls, community center.

(s) Furniture repair.

(t) Funeral parlor, mortuary (may include cremation as an accessory use).

(u) Furrier shops, storage and conditioning.

(v) General repair shops (not automotive).

(w) Gift wrapping and mailing services.

(x) Interior decorating sales and service.

(y) Laundries.

(z) Libraries.

(aa) Locksmiths.

(bb) Mailing and business centers (faxing, mailboxes, and the like).

(cc) Merchants' associations.

(dd) Newspaper offices.

(ee) Pet groomers, without overnight stays.

(ff) Photocopying and printing (including blueprints).

(gg) Photographic and art studio.

(hh) Picture framing.

(ii) Radio and television: service, repair and studios.

(jj) Real estate offices.

(kk) Security and commodity brokers.

(ll) Shoe repair shops.

(mm) Tailor or dressmaker shop.

(nn) Theaters, indoor only.

(oo) Travel agency.

(pp) Upholstery stores.

(qq) Video rentals.

(4) Professional offices.

(a) Accounting, auditing, and bookkeeping offices.

(b) Attorney and law offices.

(d) Engineering and architectural services.

(e) Insurance agencies.

(f) Investment companies.

(g) Land surveyors.

(h) Landscape architects.

(i) Professional consultants.

(j) Real estate offices.

(5) Medical offices - Doctor's, surgeon's and/or physician's offices including:

(a) Chiropractor's offices.

(b) Dentist's offices.

(d) Ophthalmologists.

(e) Osteopath's offices.

(f) Podiatrist's offices.

(g) Medical clinic.

(6) Personal care.

(a) Barber.

(b) Hair salon.

(d) Tanning salon.

(e) Tailor or dressmaker shop.

(7) Institutional.

(a) Civic buildings.

(b) Museum.

(d) Theatres and auditoriums.

(e) Personal communication facility, located on property owned by the village or other government entity.

(f) Churches and church-schools, and other places or worship.

(8) Conditional uses - Normantown and Independence. The following uses are permitted in buildings located within 150 feet of Normantown Road or Independence Boulevard provided that they face and their lots have frontage on Normantown Road or Independence Boulevard.

(a) Drive-thru facilities for banks.

(b) Drive-thru facilities for pharmacies or drug stores.

(d) Drive-thru facilities for ice cream stores.

(e) Christmas tree sales lots, subject to the requirements of § 159.072(E).

(f) Public parking garages.

(g) Community centers.

(h) Health clubs, tennis/racquet clubs.

(i) Commercial or trade schools (dance studios, music schools, or martial arts).

(j) Business schools.

(9) Conditional uses - residential. The following uses are permitted only on the south side of Alexander Circle and on the lots that are bounded on the west by Dalhart Avenue and on the east by Townhall Drive. (See picture, Appendix B(D))

(a) Three story multi-family condominiums buildings.

(b) Single-family, attached residences.

(10) Special uses. The following uses are permitted in the D-D as special uses.

(a) Apartments above ground floor commercial uses.

(b) Multi-family multi-story condominium buildings.

(d) Drive-thru facilities for banks.

(e) Drive-thru facilities for restaurants.

(f) Pubs. (The applicant shall be required to provide a business plan which shall describe the nature of the property, the size of the bar, the customer areas, whether there will be live entertainment, whether food will be served, and such other information as the Village shall reasonably require, including but not necessarily limited to a depiction of the proposed interior of the premises.)

(11) Accessory uses.

(a) For the purposes of this subchapter, accessory uses shall include buildings or other structures customarily incidental to, and commonly associated with a permitted or special use. These uses shall be permitted, provided they:

1. Are operated and maintained under the same ownership and are located on the same lot as the permitted or special use.

2. Do not include structures or structural features inconsistent with these uses.

(1) Building height.

(a) Purpose. Multi-story buildings will line the Downtown streets creating an interesting, pedestrian-friendly environment.

(b) Description. The Downtown District will feature a variety of multi-story buildings housing different uses. As in a traditional downtown, heights will vary based on the use of the building and its location.

1. Commercial and mixed use buildings are subject to the following requirements:

a. The minimum building height is 20 feet.

b. Buildings must be at least two stories tall.

c. The maximum building height in 40 feet.

d. Additional height, in the case of superior architectural elements, may be permitted by special use permit subject to such conditions as the Village Board may reasonably require. See division(C)(10)(c).

2. Townhomes are subject to the following requirements.

a. Townhomes shall be between two and three stories in height, allowing the Downtown to step down in intensity into the surrounding neighborhoods.

b. The minimum height of the townhomes shall be 18 feet.

c. The maximum height of the townhomes shall be 35 feet.

d. Additional height, in the case of superior architectural elements, may be permitted by Special Use Permit subject to such conditions as the Village Board may reasonably require. See division(C)(10)(c).

3. Multi-family condominium buildings are subject to the following requirements.

a. Building height shall be maintained at three stories for multi-family condominium buildings. The Village Board may approve, as a special use, taller multi-family condominium buildings with superior arch- itectural elements, subject to such conditions as the Village Board may reasonably require. See division(C)(10)(c).

b. The minimum height of the multi-family condominium buildings shall be 25 feet.

c. The maximum height of the multi-family condominium buildings shall be 30 feet, unless taller buildings are approved by special use permit.

(2) Building setbacks.

(a) Purpose. The buildings in the Downtown District will be located close to the street to foster an animated, pedestrian- friendly environment.

(b) Discussion. By locating buildings closer to the street, the pedestrian experience is enhanced thereby fostering walking and window shopping. Buildings will be located such that they frame the pedestrian realm while providing ample space for business operation and private yards on the townhomes.

1. The building setbacks are as follow.

a. New construction and infill buildings must maintain the alignment of facades along the sidewalk edge by following a build-to line. Exceptions may be granted if the setback is pedestrian-oriented and contributes to the quality and character of the streetscape. (See diagram, Appendix B(E))

b. There is no minimum front/corner side yard setback except along Normantown Road and Independence Boulevard.

c. The front /corner side yard building setback line may be extended to 15 feet along all streets except Normantown Road and Independence Boulevard if the setback is pedestrian-oriented and contributes to the quality and character of the streetscape. (Examples are for outdoor dining areas and front yards on townhomes.) The setback must be covered in a hard surface and must be consistent with the village's Uniform Paving Plan. At a minimum, the hard surface must be concrete with a heavy brush finish and California score joints. Brick pavers, slate, and stamped concrete are also acceptable surface materials.

d. The minimum front/corner side yard setback is 40 feet along Normantown Road and Independence Boulevard, inclusive of one row of parking and a drive aisle.

e. The front/corner side yard building setback line may be extended to 55 feet along Normantown Road and Independence Boulevard if the setback is pedestrian-oriented and contributes to the quality and character of the streetscape. The setback must be covered in a hard surface and must be consistent with the village's Uniform Paving Plan. At a minimum, the hard surface must be concrete with a heavy brush finish and California score joints. Brick pavers, slate, and stamped concrete are also acceptable surface materials.

f. The minimum rear building setback line shall be ten feet.

g. There shall be no minimum setback line for interior sideyards.

(3) Building massing and form.

(a) Purpose. The streets of Downtown shall be reminiscent of a traditional downtown with a variety of different stores and buildings constructed over an extended period of time.

(b) Discussion. To give the impression of a traditional downtown, buildings shall either be small be multidimensional in scale.

1. Buildings shall face the streets on which they have frontage.

2. For every 50 linear feet of building frontage, there must be a change in horizontal plane to break up the large wall plane. The projection may consist of setbacks, recesses, changes in plane accompanied by material changes, roof decks, balconies, or bay windows. (See picture, Appendix B(F))

3. For every 50 linear feet of building frontage, there must also be a change in vertical plane. Height variations, stepped roofs, and gables may be used to satisfy this requirement.

4. There shall be no maximum lot coverage.

(4) Architectural theme. A variety of urban architectural themes may be used in the Downtown District. The architecture of Downtown will not be limited to one era as a variety of complimentary styles will create a diverse district with the appearance of a downtown built over time.

(5) Franchise/signature architecture franchise architecture or signature architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is not allowed.

(6) Building design - commercial buildings.

(a) Purpose. Downtown will incorporate interesting and animated streetscapes that encourage pedestrianism.

(b) Discussion. Buildings in Downtown will be designed at a pedestrian scale to encourage people to stroll along the streets and visit multiple destinations. This involves the use of detailed building elements, especially along the ground floor elevation, that are interesting at a walker's pace.

1. Commercial buildings - essential elements. The following elements are essential to creating a pedestrian-oriented environment and must be incorporated into the design of each commercial and/or mixed-use building.

a. Buildings must maintain the quality of their character from any viewing angle (360 degree architecture). All sides of a building must be elevated. The materials used and horizontal design elements (such as banding) used on the primary facades must be wrapped around the building. (See picture, Appendix B(G))

b. The ground floor must generally be located as close to the sidewalk elevation level as possible so that it is at the same level as pedestrians passed by. (See picture, Appendix B(H))

c. Buildings shall maintain a distinction between ground floor and superior floor architectural treatments where the ground floor incorporates larger scaled display windows and weather protected entries and the superior floors incorporate smaller windows and design elements.

d. Building components, such as windows, doors, roofs, and balconies, shall have good proportions and relationships to one another. (See picture, Appendix B(I))

e. The buildings must be compatible with neighboring buildings. Buildings must be designed so that at least two of the following elements are similar to those on adjacent buildings.

(i) Wall heights.

(ii) Design of eaves.

(iii) Design and location pf parapets.

(iv) Location and scale of awnings.

(v) Design and scale of entryways.

(vi) Window styles.

f. An entrance must be provided to each business. Corner entrances and entrances facing each street are encouraged for businesses with frontage on multiple streets.

g. The primary entrance must be accentuated through the use of architectural embellishments such as columns, roof overhangs, and pilasters.

h. Pedestrian weather protection, in the form of an awning, canopy, recessed entry, or other building element must be incorporated into the design of each primary entrance to provide a covered pedestrian space. The space must meet the criteria set forth in these regulations.

i. The materials and colors, roof forms, fenestration, entries, signage and lighting used on the buildings must meet the supplemental regulations also contained in these guidelines.

(d) Commercial buildings - options. In addition to meeting the above requirements, building facades which face sidewalks or rights-of-way must incorporate at least three of the following elements.

1. Bay windows or other window treatments that extend out from the building facade.

2. Articulated or varied roof forms.

3. Columns defining the pedestrian area or entryway.

4. Detailed paneling framing the entry and windows.

5. Balconies or roof decks at upper stories.

6. Decorative iron railings (ex. Parisian balconies) at superior floor doors and windows.

7. Decorative iron railings to define pedestrian space.

8. Detailed window arch- itecture such as arched tops, columns framing windows and decorative lintels.

(e) Residential buildings - essential elements. The following elements are considered essential to creating an interesting residential streetscape and must be incorporated into the design of residential buildings.

1. Thirty-six inch tall decorative wrought iron fences shall be installed along the perimeter of the front yards of the townhome properties.

2. A mix of shrubbery must be installed around the base on the townhome or multi-family condominium buildings to screen the foundation.

3. Each townhome unit shall incorporate a front porch not less than five feet deep across no less than 50% of the front facade of the building. The front porch may project up to eight feet into the front yard or corner side-yard setback.

(f) Residential buildings - options. Residential buildings (townhomes or multi-family condominiums) shall include at least three additional ornamental features such as:

1. Decorative sills.

2. Cantilevered windows.

3. Copper/stone elements.

4. Bay windows or other window treatments that extend out from the building facade.

5. Articulated or varied roof forms.

6. Columns defining the entrance.

7. Balconies or roof decks at upper stories.

8. Decorative iron railings (ex. Parisian balconies) at superior floor doors and windows.

(7) Building materials and colors.

(a) Purpose. Building materials will be durable and complement the character of Downtown.

(b) Discussion. The village desires high quality materials on the exterior facades of buildings. Building material and color must be harmonious with others in the area. For example, limestone has a rich history in the area and should be utilized when possible on building exteriors.

1. Materials. The following guidelines pertain to exterior finishes in the Downtown District.

a. Medium to dark brick shall be used either as the primary building material or to accent other building materials. Dissimilar materials may be used when incorporating scale, form, color and other characteristics.

b. Materials shall be durable. Brick, stone and wood are permitted.

c. Aluminum, vinyl siding, T-111 or equivalent, and scored plywood are prohibited.

d. Modular brick is an acceptable material for all building types; however, oversize or large size bricks (greater than 30 square inches in area) may only be used as an accent.

e. Adding detail through the use of decorative banding and color or texture transitions is encouraged.

f. Plaster - stucco - and other similar materials (such as EIFS) are acceptable when used as a secondary material only, comprising no more than 30% of a single facade and not located on the ground floor elevation. Finishes must be smooth; no "cake icing".

g. Precast concrete and cast stone are acceptable if they embody the characteristics of natural stone.

h. Cement board siding is acceptable.

i. Pressure treated wood in not allowed as a finished material.

j. The use of wood shingle siding as an accent in dormers and gable as well as a wall finish is encouraged if compatible with the overall design of the building.

2. Material transitions.

a. When transitions in material are made, different materials shall meet only at a transition piece or a change in plane, for instance an inside corner.

b. Materials will not transition directly at an outside corner edge. One material will turn the corner and carry over to the side elevation to a point at which the corner looks solidly finished.

c. Corner trim pieces may be used where appropriate.

3. Color.

a. The color of buildings must complement the adjacent buildings' colors. At least 80% of the building shall be in a neutral color with light and bright colors used only as minor accents.

b. The color of brick or other natural building materials shall dictate the color family choice. Bricks in the red and brown tones are encouraged. Acceptable brick colors are listed in the table below; however, others are allowed provided that they fall within the color range of those listed in the table.

Acceptable Brick Colors
Cloud:	Old Smoky, Burgundy
Denver Brick:	Old Settler, Rockford, Quarum, Black Walnut, Tuscany, Country Colonial, Hartford, Maison Rouge, Maplewood, Olde World, Brandywine
Robinson Brick:	Cooperstown
Pine Hall:	Vintage Red, Old Colonial

(8) Awnings, canopies and arcades.

(a) Purpose. The pedestrian experience in Downtown will be improved by providing weather protection at each entry.

(b) Discussion. Canopies, awnings, arcades or recessed entrances will be required at the entrance to each business to shelter visitors. They will be designed to complement the human-scaled design.

1. The following standards apply to all commercial or mixed-use buildings.

a. Awnings must be sized, shaped and placed such that they fit within individual bays or structural divisions of the building facade rather than extend beyond a single bay to enhance the architectural quality of the buildings.

b. Glass canopies may be used as an alternative to awnings especially on darker or north-facing building facades to provide rain protection while allowing daylight to filter through to storefronts and second story windows.

c Vinyl and plastic awnings are prohibited.

d. The use of windows awnings on second stories and above to create a consistent design image for the building facade is encouraged. These awnings should be similar to those used on the ground floor in terms of style, materials, and color. (See picture, Appendix B(J))

(9) Building roofs.

(a) Purpose. Rooflines shall enhance the urban character of the Downtown District.

(b) Discussion. Flat roofs with architectural detailing shall be used to foster an interesting urban atmosphere.

1. Special roof shapes on corner locations can be used to help accent corners of blocks.

2. Use a visual terminus, such as a heavy cornice, at the tops of buildings to help articulate Downtown architecture.

3. Embellish parapets with brick detailing and stepped or sloped to achieve a visually interesting yet harmonious sequence along the building facade.

4. Use articulated and varied roof shapes on taller buildings.

(10) Windows, glazing, and doors.

(a) Purpose. Windows and doors will enhance the pedestrian experience by providing a visual connection to the inside of the buildings with commercial on the ground floor while aesthetically and functionally serving the building and users on upper floors and in residential areas.

(b) Discussion. By providing minimum standards for glazing (windows and doors) the aesthetics of buildings will improve and the pedestrian experience will be enhanced. Moreover, the windows will provide display areas for the businesses.

1. All street facing facades shall be lined with windows. Unless unavoidable due to physical constraints of the building or site, there shall be no horizontal expanse greater than 20 feet without a window or door.

2. Windows must cover at least 50% of the building area between two feet and eight feet above ground. However, expanses of glass greater than ten linear feet must be broken with other building materials to create an identifiable pedestrian-scale.

3. On ground floors, individual windows must be at least 60% transparent. For example tinted glass, frosted glass, textured glass, and materials applied to the interior of the windows to block views cannot cover more than 40% of the window surface.

4. Windows must cover at least 15% of the building's rear façade facing a public right of way, parking area or open space.

5. When appropriate to the architectural style of the building, bay windows are encouraged to articulate building elevations.

(11) Signage.

(a) Purpose. Attractive signs, at the appropriate scale for Downtown, shall identify businesses.

(b) Discussion. Signage shall be designed, lit, and constructed of materials appropriate for a downtown area. Large, back-lit box signs and other signs geared towards fast-moving automobiles are not appropriate. Pedestrian-scaled signage and signs geared to slow moving traffic shall be used.

The following criteria apply to business signage. Signs are prohibited on residential lots.

1. Projecting signs (geared toward the pedestrian) are encouraged. These signs shall be no greater than eight square feet. No less than 8 feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. Maximum distance between sign and building face is one foot. Signs cannot block or obliterate design details, windows or cornices of the building upon which they are placed. (See picture, Appendix B(K))

2. Flush mounted signs are permitted provided that they are either signboards or are constructed of die-cut letters made from materials consistent with the building. Letters and signboards cannot exceed two feet in height.

3. Window signs of high quality materials, such as paint or gold leaf, or that are etched into glass are permitted. They may not exceed 30% of the total area of the windows.

4. Individual letters identifying the businesses are permitted on the valence of awnings. The lettering must be consistent with the design and color scheme of the building and may not exceed ten inches in height.

5. Freestanding signage is not permitted in the Downtown District.

6. Internally illuminated signage is not permitted in any location.

7. Spot lights are acceptable for lighting signs but they must be oriented and shielded such that the source of light is not directly visible. (See Figure 11-4 pictures, Appendix B(L))

(d) Buildings constructed prior to the adoption of this section (2-18-2004) shall follow the sign regulations set forth in §§ 159.121 through 159.133.

(12) Lighting.

(a) Purpose. Lighting in the Downtown District will foster a safe environment for pedestrians and automobilists.

(b) Discussion. Lighting in Downtown must be sufficient to foster a safe pedestrian environment. Lighting must be scaled such that it enhances the streetscape and urban environment.

1. Pedestrian scale ornamental lighting shall be used to replace or supplement taller, vehicular lighting while still maintaining safe roadway lighting levels.

2. Freestanding ornamental lights shall be no taker than 22 feet.

3. Building lights shall be diverted onto the buildings or the ground immediately adjacent to the building and shall not cast light above the roofline of the building.

4. The following lighting standards are recommended for streets, sidewalks, and pedestrian walkways. (Source: ANSI/IESNA RP-8-00)

	Minimum Maintained Average Value (lux)	Minimum Maintained Average Value (fc)	Uniformity Ratio Eavg/Emin	Veiling Luminance RatioLvmax/Lavg
Collector Level Road	12.0	1.2	4.0	0.4
Local Level Road	6.0	0.6	4.0	0.4

5. The following lighting standards are recommended for parking lots. Lighting Levels (Source: ANSI / IESNA RP-8-00)

Minimum Horizontal Illuminance (lux)	2
Minimum Horizontal Illuminance (fc)	0.2
Uniformity Ratio, Maximum to Minimum	20:1
Minimum Vertical Illuminance (lux)	1
Minimum Vertical Illuminance (fc)	0.1
If personal security or vandalism is a likely and/or severe problem, a higher lighting level may be required.

4. Higher lighting levels (four foot-candles) must be provided at building entries.

(13) Off-street parking.

(a) Purpose. Parking lots shall provide convenient access for users but shall not dominate the street.

(b) Discussion. Parking lots shall be sited, designed, and landscaped such that they are convenient, safe, and architecturally pleasing.

1. Location.

a. Parking lots are only allowed in rear yards, except along Normantown Road and Independence Boulevard.

b. One row of parking and one drive aisle shall be provided in all yards adjacent Normantown Road and Independence Boulevard.

c. Wherever possible, parking lots shall be shared.

2. Circulation.

a. Driving lanes, parking spaces and pedestrian routes will be clearly defined.

b. Medians will be used along drives and at the caps of parking aisles to delineate the parking spaces from the driving lanes. The medians will be at least four feet wide and will be landscaped with a variety of shrubs and flowers.

c. Pedestrian walkways will be provided throughout the parking lots. The walkways shall be delineated by using a variation in paved texture and/or color such as through the use of stone, brick or granite pavers, exposed aggregate, or stamped or colored concrete. Paint striping is not acceptable. (See picture, Appendix B(M))

d. Parking aisles will be interconnected. Dead-end parking lanes are discouraged. Dead-end parking lanes serving more than six spaces are prohibited.

3. Landscaping.

(a) Parking must be screened with fencing and plant material.

(b) Wrought iron fencing with masonry posts and details must be located along the perimeter of parking lots. The edges must be softened through the use of appropriate plant materials.

(c) The screening material must be designed such that sufficient access is provided to the site for safety. (See picture, Appendix B(N))

4. Residential parking requirements.

a. At least one interior parking space must be provided for each condominium unit in a multi-family building. The parking spaces must be located in a parking structure. The parking structure may be located underground, in the rear yard of the building provided that it is screened from view, or on the ground floor of the building in areas that do not front the street.

b. At least two interior parking spaces must be provided for each townhome unit. They must be provided in private garages on the individual lots.

c. Garages on townhome lots must be accessed from alleys.

d. Garages may either be attached to the dwelling or may be freestanding in the rear yard.

e. There is no minimum setback for townhome garages provided that they do not interfere with the vision triangle.

(14) Drive-through facilities.

(a) Purpose. Drive-through facilities will complement the Downtown without providing negative impacts to aesthetics and circulation.

(b) Discussion. Drive-through facilities are a reality in today's commercial climate. They are thus permitted in edge business locations but their impact must be mitigated through proper design.

1. When drive-throughs are utilized, they must be designed to minimize the appearance and impact of the drive-through stations through building style, materials and massing consistent with that of the principal structure. (See picture, Appendix B(O))

2. At least five on-site automobile stacking spaces must be provided for each establishment with a drive-through. In the event that there are multiple drive-through bays, three stacking spaces must be provided for each bay.

(Am. Ord. 06-0369, passed 2-1- 06; Am. Ord. 07-0509, passed 2- 21-07; Am. Ord. 08-0651, passed 5-21-08; Am. Ord. 10-0870, passed 8-4-10; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 12-0984, passed 5-2-12; Am. Ord. 18-1482, passed 5-16-18)

§ 159.077 RESERVED.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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