§ 154.034  B-2 GENERAL BUSINESS DISTRICT.
   (A)   Intent and purpose. The B-2 District is intended to accommodate more intensive retail and service businesses that would otherwise not be permitted in the B-1 District. The B-2 District is intended to accommodate the retail and service needs of a larger consumer population than is typically served by the B-1 Neighborhood Business District.
   (B)   Permitted uses. The following uses are permitted in the B-2 District, subject to a limit of 25,000 square feet of gross floor area for the principal building containing one or more of the uses. In addition to the land uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the following uses, may be permitted as well. When an unlisted use is proposed, which appears to meet the intent of this district but its potential impact is uncertain, then such use shall be considered a special use:
      (1)   Accessory uses (see § 154.056);
      (2)   Any use permitted in the B-1 Neighborhood Business District (see § 154.033(B)), except those uses that are modified under this list of permitted uses (size limitations on permitted B-1 uses do not apply here);
      (3)   Appliance, computer, and/or electronics stores, sales, and service;
      (4)   Automobile and truck (less than one and one-half ton) sales and leasing;
      (5)   Automobile parts and accessory stores;
      (6)   Banks and other financial institutions, with up to two drive-through lanes;
      (7)   Bars and taverns;
      (8)   Bicycle stores, sales, rental, and service;
      (9)   Boat and marine sales and service;
      (10)   Catering establishments, including pizza delivery;
      (11)   Clothing and apparel stores;
      (12)   Department, discount, and variety stores;
      (13)   Food stores and grocery stores; convenience stores; and meat markets;
      (14)   Furniture stores with repair and re-upholstery only as an accessory use;
      (15)   Gasoline stations;
      (16)   Hardware and home improvement stores, including lumberyards;
      (17)   Hotels;
      (18)   Interior decorating stores, including carpet, paint, and wallpaper stores;
      (19)   Libraries;
      (20)   Medical and dental offices;
      (21)   Musical instrument stores, sales, and repair;
      (22)   Museums;
      (23)   Offices;
      (24)   Office supply stores;
      (25)   Optical sales, examinations;
      (26)   Package liquor sales as a principal use;
      (27)   Pet stores and animal grooming shops;
      (28)   Pharmacies;
      (29)   Public buildings used by the village, school district, township, park district, county, state, or federal governments, except for vehicle maintenance, raw material storage, and other similar type facilities;
      (30)   Radio, television, and recording studios;
      (31)   Restaurants, with up to two drive-through lanes;
      (32)   Restaurants, fast-food, with up to two drive-through lanes;
      (33)   Retail stores providing for the sale of consumer goods normally found in a shopping center or a freestanding building, including the sale of clothing and apparel, sporting goods, computer hardware and software, home or car audio/video equipment, dry goods, toys, and similar merchandise;
      (34)   Schools for business, professional, or technical training, but not including outdoor training areas;
      (35)   Theaters, performing arts or movie; and
      (36)   Vehicle repair and service facilities.
   (C)   Special uses. The following uses may be permitted in the B-2 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:
      (1)   All permitted uses which include drive-through facilities in excess of two lanes;
      (2)   All special uses in the B-1 District (see § 154.033(C)), except as may be otherwise permitted in this B-2 District (see division (B) above);
      (3)   All permitted uses, listed under division (B) above, which exceed 25,000 square feet of gross floor area;
      (4)   Recycling collection point;
      (5)   Vehicle service facilities, for more than one and one-half ton units;
      (6)   Massage-tattoo establishments, subject to all applicable federal, state, or local requirements;
      (7)   Warehouse and wholesale establishments, distribution centers;
      (8)   Warehouse, self-service storage; and
      (9)   Other uses, not enumerated, in this division (C), but consistent with B-2 occupancies.
   (D)   Density and dimensional regulations.
      (1)   Minimum lot size.
         (a)   Lot area: 10,000 square feet;
         (b)   Lot width: 75 feet; and
         (c)   Minimum lot size exceptions: the minimum lot size requirement may be reduced, subject to the issuance of special use permit in accordance with the procedures and standards contained in §§ 154.125 through 154.128. Such a reduction in lot size may be allowed if the applicant can demonstrate that no reasonable alternative exists to acquire and assemble adjacent B-2 zoned property with the property in question. An example of such a circumstance would be “in-fill” development where all properties, adjacent to the parcel in question, are already developed and said parcel existed prior to the adoption of this chapter, or amendment thereto.
      (2)   Minimum building setbacks.
         (a)   Front yard setback: 40 feet;
         (b)   Side yard setback: none (except where such side property line abuts a dwelling district, where a setback of 25 feet shall be provided);
         (c)   Rear yard setback: 20 feet;
         (d)   Modification of rear or side yard setback: the minimum property line setback requirements may be modified via the special use permit procedure, under §§ 154.125 through 154.128. Such modifications may be more or less stringent, depending on the potential impact of the proposed development in the B-2 District which is adjacent to a dwelling district. In the case of a request for a less stringent setback, the special use permit applicant must demonstrate screening between the proposed development and the adjacent residential district above and beyond the minimum screening requirements contained in § 154.057.
      (3)   Building height limitations.
         (a)   Height limit: 35 feet or three stories.
         (b)   Height limit exceptions: upon special use permit approval (see §§ 154.125 through 154.128) or under an approved planned development (see § 154.037), buildings may exceed the height limit specified above, subject to the following increases in minimum building setbacks.
            1.   Right-of-way setback. The minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided; however, that the setback from the right-of-way does not have to exceed 100 feet.
            2.   Property line setback. When adjacent to a dwelling district, the minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided, however, that the setback from the property line does not have to exceed 100 feet.
      (4)   Maximum site coverage.
         (a)   For developments encompassing 20,000 square feet or more of land area, site coverage shall not exceed 70%. Site coverage may be increased by a factor of 1% to 10%, under the special use permit procedures contained in §§ 154.125 through 154.128. Such additional site coverage may be allowed in consideration of special or outstanding landscape design and site planning features. Such features to be considered in allowing any additional site coverage includes the following:
            1.   A professionally designed landscape plan which incorporates proper irrigation, intense planting, and retention of existing trees and other plants worthy of saving;
            2.   Use of low masonry walls of architectural quality (brick or textured and pigmented concrete), terraces, berms, and earth sculpting to screen parking areas; and
            3.   Special pedestrian facilities and features such as plazas, covered walkways, fountains, and seating areas.
         (b)   The balance of the site, not covered by buildings and structures, parking lots, vehicle circulation, and other accessory facilities, shall be devoted to landscaping, pedestrian circulation, plazas, and buffering.
   (E)   Other development standards. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the property line of a particular use (also see § 154.062 for performance standards).
(Ord. 834, passed 2-1-2001)