(A) Intent and purpose. The Local Business Districts are designed to provide convenient, day-to-day retail shopping and service facilities for persons residing in adjacent residential areas with a minimum impact upon surrounding residential development.
(B) Uses permitted by right. All of the following uses must be conducted wholly in a permanent, fully enclosed building:
(1) Retail food establishments. Which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections, or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity.
(2) Other retail businesses. Such as (but not limited to) drug, variety, second-hand stores, dry goods, clothing, notions, music, book, pet shops, or hardware stores which supply commodities on the premises.
(3) Personal service establishments. Which perform services on the premises, such as (but not limited to) barber or beauty shops, repair shops for shoes, radio, television, jewelry, self-service laundries, and photographic studios.
(4) Offices. Such as offices of doctors, dentists, accountants, lawyers, businesses, etc.
(5) Banks.
(6) Restaurants and bars. Including all establishments which provide prepared food and drink for carryout or consumption on the premises. Outdoor dining shall be permitted, except that outdoor dining on public property (such as the sidewalk) shall require the approval of the Village Council. A clear path at least five feet wide must be maintained on all village sidewalks at all times.
(7) Public buildings. Such as post offices, libraries, or similar public office buildings.
(8) Fur and dry cleaning establishments. Provided, that nonflammable and odorless cleaning fluid or solvent is used, and that all dry cleaning is limited to that material and clothing picked up over the counter of the premises.
(9) Temporary outdoor uses. Such as sidewalk sales displays, Christmas tree sales lots, revival tents, or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the Board of Appeals, provided, that the permit shall not be issued for more than 30 days in any one year.
(10) Existing single-family houses. Single-family houses existing prior to June 1, 2013 shall be considered permitted uses in B-1, B-2, and HC Districts. If destroyed by an act outside the control of the property owner, they may be rebuilt within the footprint of the original building, provided that construction commences within 18 months of the destruction of the original structure. Single-family homes may be converted for use by another permitted or special use allowed in the district, provided that the following are met:
(a) A zoning permit (or special use permit, if required), must be obtained prior to beginning renovations of the building;
(b) All building code requirements for the non-residential use in question must be met prior to the issuance of a certificate of occupancy for the new use. The new use shall not begin operations prior to the issuance of a certificate of occupancy;
(c) The residential uses shall not be re-established prior to six months from the date of the certificate of occupancy for the non-residential use; and
(d) After six months, the residential use may be re-established. However, a zoning permit must be obtained prior to beginning renovations of the building, and all building code requirements for the residential use must be met prior to the issuance of a certificate of occupancy for the residence. The residential use shall not begin prior to the issuance of a certificate of occupancy.
(11) Modifications and co-locations on existing wireless telecommunications facilities, subject to the standards in § 153.127.
(12) Solar energy facilities accessory to a permitted use or approved special use and intended to produce electricity primarily for the lot they are located on, subject to the standards in § 153.128.
(13) Institutions for human care. Hospitals, clinics, sanitariums, nursing or convalescent homes, homes for the aged, philanthropic and charitable institutions, refer to § 153.117.
(14) Veterinary clinics.
(15) Funeral homes and mortuaries.
(16) Printing and copying services, such as document creation and reproduction, and including businesses that also ship packages.
(17) Religious institutions. Churches, convents, parsonages, and other housing for religious personnel, provided that the standards in § 153.117 are met.
(18) Educational and social institutions. Public or private elementary and secondary schools, institutions for higher education, and centers for social activities, refer to § 153.117.
(19) Public buildings and public service installations. Publicly-owned and operated buildings, including libraries, public utility buildings and structures, telephone exchange buildings, transformer stations and substations, refer to § 153.117.
(21) Commercial recreation facilities, including (but not limited to) go karts, mini-golf, bowling, arcades, laser tag, swimming pool clubs, community recreation centers, and other recreation activities.
(22) Indoor fitness centers, including facilities with weights, indoor sports facilities such as tennis or basketball, and studios for dance, yoga, martial arts, and other indoor exercise.
(23) Public buildings and public service installations. Such as post offices, libraries, similar public office buildings, and public utility offices.
(24) State licensed day care facilities.
(25) Temporary buildings, for uses incidental to construction work. The buildings shall be removed upon the completion or abandonment of the construction work or within the period of one year, whichever is the lesser time period.
(26) Public parks and recreation facilities.
(27) Cemeteries, public or private, subject to the following conditions:
(a) The site shall be no less than 20 acres and shall be so designed as to provide all ingress and egress directly onto or from a major thoroughfare, as classified on the Comprehensive Development Plan of the village.
(b) The location of proposed service roads, entrances, and driveways shall be so designed in relationship to the major thoroughfare that pedestrian and vehicular traffic safety is encouraged.
(C) Uses permitted by special use permit. The following uses of land and structures may be permitted by the application for and the issuance of a special use permit when specified procedures and requirements, as outlined in the sections cited, are complied with:
(2) Residential uses. Including multi-family dwellings, in existing structures.
(3) Wind energy facilities, when accessory to a permitted use or approved special use and designed to provide electricity primarily to the lot they are located on, subject to the standards in § 153.129.
(4) Drive-throughs for food service, banking, or other product or service, provided that the standards of § 153.132 are met.
(6) Car washes.
(7) Parking lots on lots with no other uses.
(9) Hotels and motels, such as motor hotel, hotel, and transient lodging facilities (but not including trailer camps or tent sites), including "Bed and Breakfasts."
(10) Extractive uses, provided that the standards of § 153.134 are met and the Planning Commission determines that off-site negative impacts will be minimal.
(D) Area and bulk requirements. See § 153.066 linking the height and bulk of buildings, the minimum size of lot permitted by land use, and providing minimum yard setback requirements.
(Ord. 144, passed 7-7-1997; Ord. 146, passed 3-2-1998; Ord. 219, passed 3-11-2013; Ord. 226, passed 7-9-2013; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021; Res., passed 3-25-2024) Penalty, see § 153.999