CHAPTER 21
ZONING
ARTICLE VII. COMMERCIAL DISTRICTS
Sec. 21-40. GENERAL PURPOSES.
The commercial districts are established in this chapter in order to achieve the following general purposes:
(1) To protect commercial areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odor, heat, glare, and other objectionable influences incidental to industrial uses.
(2) To provide appropriately located areas for retail stores, offices, service establishments, wholesale businesses, and amusement establishments offering commodities and services required by residents of the Village and its market area.
(3) To provide opportunities for retail stores, offices, service establishments, wholesale businesses, and amusement establishments to concentrate in certain areas for the convenience of the public and for a beneficial relationship with each other.
(4) To provide for community facilities and institutions that may be located in commercial areas.
(5) To provide adequate space to meet the needs of commercial development, including off-street parking and loading facilities.
(6) To minimize traffic congestion and avoid the overloading of public facilities by regulating the construction of building in relation to the area of the zoning lot.
Sec. 21-41. SPECIAL PURPOSES.
In addition to the general purposes prescribed in Section 21-40, each commercial district has been established in this chapter to achieve the following special purposes:
(1) The CN Commercial Neighborhood District is established for the convenience of persons residing in nearby residential areas and is limited to accommodating the basic recurring shopping needs of the typical family. The area of the CN District should be limited in order to reduce the traffic surrounding the residential neighborhood.
(2) The CC Commercial Community District is established to accommodate a greater variety of goods and services than permitted in the CN District, including business establishments, which serve a larger segment of the Village than the immediate surrounding residential area. This District includes the sub-regional shopping centers.
(3) The CG Commercial General District is established to accommodate a greater variety of goods and services than permitted in the CC District and to provide appropriately located areas for commercial uses having features that are incompatible with the purpose of other commercial districts.
Sec. 21-42. CN COMMERCIAL NEIGHBORHOOD DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered in the CN District except for one or more of the following uses:
Art and school supply stores
Bakery shops, but not including processing or baking
Bank, savings, and loan, including drive-in customer service window
Barber shops and beauty parlors
Book and stationery stores
Candy and ice cream shops
Community swimming pools and clubs with the following restrictions:
(a) The swimming pool shall have an area no greater than five thousand (5,000) square feet and shall be on a lot with an area of not less than two (2) acres.
(b) Every pool, building, or paved play area shall be no less than one hundred (100’) feet distant from every abutting property line in any residential district.
(c) Pumps and filtration stations shall be no less than fifty (50’) feet from every abutting property line in any residential district.
(d) The sale of refreshments shall be from the principal building.
Christmas tree sales (forty-five days)
Delicatessens
Drug Stores
Dry cleaning and laundry receiving and distribution stations, but not including processing.
Florist shops
Food, meat, and fruit stores
Gift shops
Laundries, automatic self-service type or hand
Newsstand
Postal substations
Restaurants, but not including drive-ins
Shoe Repair
Accessory uses:
(a) Including off-street parking and loading in accordance with the provisions of the Code of Ordinances for the Village.
(b) Public utility collection offices.
(2) Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of this chapter:
Automobile service stations
Bus terminals, bus garages, and bus lots
Churches
Convenience Stores
Day nursery schools
Gas Stations
Hospitals, medical clinics (out-patient), and medical facilities, including in-patient care.
Offices, business and professional including dental offices
Private clubs and lodges
Package liquor stores
Public service uses, including:
(a) Filtration plant, pumping station, and water reservoir
(b) Sewage treatment plants
(c) Police and fire stations
(d) Telephone exchanges
(e) Electric and gas substations and booster stations
(f) Other governmental uses
Rest homes, nursing homes, and sanitariums for human beings only
Restaurants serving liquor
Storage facilities
Tanning booths
Tattoo Establishments
Teen Entertainment Centers
Water detention area
Wind-operated energy devices, for site service only, provided the lot area has a minimum of 2.5 acres.
(3) Yards. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(a) FRONT. A front yard of at least thirty (30’) feet for buildings under twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum front yard shall be increased by one (1’) foot for each two (2’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a front yard of more than sixty (60’) feet be required.
(b) SIDE. Side yards of at least five (5’) feet for buildings under twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum front yard shall be increased by one foot (1’) for each two (2’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a front yard of more than sixty (60’) feet be required.
(c) CORNER LOTS. On corner lots, where the side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.
(d) REAR. A rear yard of not less than twenty-five (25’) feet.
(4) Height. In the CD District, no buildings shall be erected or altered to a height in excess of thirty-five (35’) feet or two and one-half (2-1/2) stories.
Outside storage. No outside storage is allowed in a CN District unless a variance is granted, as the circumstances may dictate.
Sec. 21-43. CC COMMERCIAL COMMUNITY DISTRICT. INCLUDES SUBREGIONAL SHOPPING CENTERS.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, enlarged, or structurally altered in the CC District except for one or more of the following uses:
Any use permitted in the CN District
Amusement establishments, bowling alleys, pool halls, dance halls, gymnasiums, swimming pools, and skating rinks
Antique shops (No outside display)
Art galleries and studios, but not including auction rooms
Blueprinting and photostatting establishments
Bicycle sales and repair
Business associations, professional membership organizations, labor unions, civic, social, and fraternal organizations
Camera and photograph supply shops for retail sale
Catering establishments
Carpet and rug stores
Charitable institutions
China and glass stores
Coin and stamp stores
Costume rental shop
Custom dressmaking, millinery, or tailoring
Department and discount stores
Dry good stores
Electrical and household appliances, stores-including radio and television sales, but not including appliance assembly or manufacturing
Employment agencies
Exterminating shops
Flea markets (No outside display)
Furniture stores and upholstery, when conducted as a part of the retail operations and secondary to the main use
Furrier shops, including the incidental storage and conditioning of furs
Garden supply and seed stores
Garages; public and private, for the storage of private passenger vehicles and small (under three-fourths ton) commercial vehicles
Gifts and novelty shops; china, glassware, and metalware sales
Golf courses, including driving ranges
Greenhouses with outside displays for retail trade on the premises
Haberdasheries
Hardware stores
Hobby stores
Hotels and motels
Household appliance stores, including radio and
Television sales and service, and sewing machine sales and service
Independent off-street parking areas
Interior decorating shops, including upholstery and making of draperies, slipcovers, and other similar articles; when conducted as part of the retail operations and secondary to the main use
Jewelry and watch repair shops
Leather goods and luggage stores
Loan offices
Locksmiths
Mail order houses
Meeting halls
Monument sales within a building, but not including the cutting or grinding of stones
Musical instruments sales and repair
Offices; business and professional
Office supply stores
Optical goods
An orthopedic and medical appliance store, but not including the assembly or manufacturing of such articles
Paint and wallpaper stores
Pawn shops
Pet shops
Photograph studios, including the development of film and pictures when done as a part of the retail business on the premises
Physical culture and health services
Picture framing, when conducted for retail trade on the premises only
Printing and publishing of newspapers, periodicals, and books, and including letter process work
Private clubs and lodges
Restaurants, including drive-in restaurants
Radio and television broadcasting stations
Schools: Music, dance, art, barber, beauty, business stenographic, correspondence, driving, nursery, commercial or trade
Seasonal farm produce open-air market (operation not to exceed seven (7) months per year)
Secondhand stores and rummage shops
Sewing machine sales and service
Shoe and hat stores
Sporting goods stores
Storage building, mini
Tanning booths
Taxidermists
Telephone offices
Telephone exchange and equipment essential to its operation in the interest of public convenience and necessity, and including business offices in conjunction herewith
Temporary sales forty-five (45) days (i.e., Christmas trees, landscape, and nursery supplies)
Theater, indoor
Toy stores
Travel bureau and transportation ticket office
Typewriter and adding machine sales and service
Undertaking establishments, funeral parlors, or mortuaries
Veterinary office
Wearing apparel stores
Welfare services
Accessory uses, including off-street parking and loading in accordance with the provisions of this chapter.
(2) Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of this chapter.
Ambulance service
Automobile accessory store where there is servicing or installation of accessories, including automobile laundries.
Automobile repair, Minor
Automobile service stations
Bus terminals, bus garages, and bus lots
Churches
Construction of billboards
Construction of radio towers
(1) No tower constructed on the premises pursuant to the Special Use Permit granted herein shall exceed one hundred fifty (150’) feet in height. In measuring the height requirement set forth herein, the measurement shall be taken from the ground level at the base of the tower to the highest point of the tower or any extensions thereto.
(2) Any building constructed on the premises described in Section 2 herein shall have a brick exterior.
Day nursery schools
Hospitals, medical clinics (out-patient), and medical facilities, including in-patient care
Go-cart race track facilities
Laboratories: Medical, dental research, experimental, and testing; provided no production or manufacturing of products takes place
Liquor establishments, including package liquor stores and taverns
Portable establishments, including package liquor stores and taverns
Portable signs
Public services use, including:
a. Filtration plant, pumping station, and water reservoir
b. Sewage treatment plant
c. Police and fire stations
d. Telephone exchange
e. Electric and gas substitutions and booster stations
f. Other governmental uses
Retail Firearms and Ammunitions Sales
a. No special use permit shall be granted by the Village for retail firearms and/or ammunition sales unless the applicant has obtained any and all applicable federal, state, and local licenses, permits, and/or approvals for the retail sales of firearms and/or ammunition. To the extent the application for any federal, state, or local license, permit, and/or approval requires a prior showing that a Village special use permit has been granted, the Village may conditionally approve the special use permit subject to the applicant obtaining the other necessary federal, state and/or local license, permit and/or approval. If such other federal, state or local license is not obtained, the Village shall have the right to revoke the special use permit.
b. No special use permit shall be granted by the Village unless the applicant has shown, to the satisfaction of the Corporate Authorities, that adequate security and safety measures will be implemented as a part of the operation of the retail firearms and ammunition business, including but not limited to, secured storage of firearms and ammunition during and after business hours, fire suppression measures, and security alarms and cameras. The Village shall have the right to impose reasonable restrictions, standards, and rules as conditions of the granting of any such special use permit.”
Sexually-oriented business, subject to the following special uses criteria:
1. A sexually-oriented business may not be operated within one thousand (1,000’) feet of the following previously established uses:
a. A church, synagogue, or regular place of worship, or
b. A public or private elementary or secondary school, or
c. Any property legally used or zoned for residential purposes, or
d. A public park, or
e. A day-care facility, or
f. Another sexually-oriented business, or
g. Municipal-owned property – Community Center
2. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually-oriented business, or to the nearest boundary of a residential zoning district.
3. Nothing in this section shall be interpreted to authorize or permit any activity or conduct prohibited by any activity or conduct prohibited by local, state, or federal law, including but not limited to obscenity and prostitution.
Tattoo Establishments
(3) Yard. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(a) FRONT. A front yard of at least thirty (30’) feet for buildings under twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum front yards shall be increased by one (1’) foot for each two (2’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a front yard of more than sixty (60’) feet be required.
(b) SIDE. Side yards of at least five (5’) feet for buildings under twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum side yards shall be increased by one (1’) foot for each four (4’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a side yard of more than sixty (60’) feet be required.
(c) CORNER LOTS. On corner lots, where the side yards adjoin a street, the side yard shall be determined in the same manner as the front yard.
(d) REAR. A rear yard of not less than twenty-five (25’) feet.
(4) Height. In the CC District, no building shall be erected or altered to a height in excess of forty-five (45) or three and one-half (3-1/2) stories.
Sec. 21-44. CG COMMERCIAL GENERAL DISTRICT.
(1) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered in the CG District for one (1) or more of the following uses:
Any use permitted in the CC and CN District
Agricultural implement sales and services on an open lot or within a building
Ambulance service
Antique shops
Art galleries and studios
Auction rooms
Automobile laundry
Automobile sales and services, new and used, on an open lot or within a building
Automobile service station
Automobile parts and accessory stores
Bait shops, live
Beverages, non-alcoholic, bottling and distribution
Carpet and rug cleaning business
Contractor’s offices and shops, when fabricating is done on the premises and when all storage of material and equipment is within a building (i.e., lumber yards, contractor equipment rental, cabinet shop)
Laboratories: Medical, dental research, experimental, and testing; provided no production or manufacturing of product takes place
Monument sales, on an open lot or within a building, but not including the cutting or grinding of stones
Motorcycle sales and repairs
Newspaper distribution agencies
Offices, business and professional
Sales and service of mobile homes, travel trailers, and motor homes
Tanning booths
Trailer sales and rental, on an open lot or within a building
Veterinary clinic
Veterinary office and hospital facilities as permitted or required in accordance with the provisions of this chapter.
(2) Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of this chapter:
Automobile body and fender repair, including welding
Automobile repair major
Buildings in excess of 3-1/2 stories in height
Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessories, use required for operation
Construction of billboards
Construction of radio towers
Day nursery schools
Hospitals, medical clinics (out-patient), and medical facilities, including in-patient care
Liquor establishments, including package liquor stores and taverns
LP gas for commercial dispensing
Outdoor theaters
Portable signs
a. Filtration plant, pumping station, and water reservoir
b. Police and fire station
c. Telephone exchange
d. Electrical and gas substations and booster stations
e. Other governmental uses
Radio and television towers, commercial
Retail Firearms and Ammunitions Sales
a. No special use permit shall be granted by the Village for retail firearms and/or ammunition sales unless the applicant has obtained any and all applicable federal, state, and local licenses, permits, and/or approvals for the retail sales of firearms and/or ammunition. To the extent the application for any federal, state, or local license, permit, and/or approval requires a prior showing that a Village special use permit has been granted, the Village may conditionally approve the special use permit subject to the applicant obtaining the other necessary federal, state and/or local license, permit and/or approval. If such other federal, state, or local license is not obtained, the Village shall have the right to revoke the special use permit.
b. No special use permit shall be granted by the Village unless the applicant has shown, to the satisfaction of the Corporate Authorities, that adequate security and safety measures will be implemented as a part of the operation of the retail firearms and ammunition business, including but not limited to, secured storage of firearms and ammunition during and after business hours, fire suppression measures, and security alarms and cameras. The Village shall have the right to impose reasonable restrictions, standards, and rules as conditions of the granting of any such special use permit.”
Tattoo Establishments
(3) Exceptions.
(a) Sexually-oriented business may not be operated within one thousand (1,000’) feet of the following previously established uses:
1. a church, synagogue, or regular place of worship, or
