Business district regulations are intended to govern the locations and uses of a full range of business and commercial establishments needed to serve the citizens of Stephenson County and its trade area. The regulations of the various business districts are designed to provide for groupings of business and commercial establishments that are compatible in scope of services and method of operations.
A. 
The B-1 Limited Retail Business District is intended to provide areas and govern uses therein for a range of shopper and personal service types of establishments, in order to serve the general shopping needs of a consumer population that is located in one or more of the neighborhoods adjoining or in the vicinity of the shopping district.
B. 
The B-2 General Retail and Limited Service District is designed to accommodate commercial uses, including highway-oriented service and commercial types of establishments to serve the needs of the motorists. In addition, shopper and personal service types of business establishments are also permitted in this district.
C. 
The B-3 Commercial, Wholesale and General Service Business District is designed to accommodate a wide variety of related shopper-type business establishments along with wholesale and other general service uses.
The following regulations apply in the B-1 District:
A. 
Permitted uses. The following retail business and service uses are permitted:
[Amended 10-17-2019 by Ord. No. 19-10-2017]
Art and school supply stores
Art galleries and studios
Bakery shops, beauty parlors, chiropody, massage or similar personal service shops
Banks and financial institutions, including drive-in teller facilities
Book and stationery stores
Camera and photographic supply shops for retail sales
Candy and ice cream shops
Cannabis dispensaries
Cannabis craft grower
Cannabis infuser
Carpet, rug and linoleum stores
China and glassware stores
Clubs and lodges, but not including gun clubs
Coin and philatelic stores
Costume rental shops
Currency exchanges
Custom dressmaking, millinery, tailoring or shoe repair shops, when conducted for retail sale on the premises only
Department stores
Drugstores
Dry goods stores
Dry cleaning and pressing establishments
Dwelling units above the first floor of business buildings, in accordance with the regulations of the R-4 District
Electrical appliance stores and repairs, but not including appliance assembly or manufacturing
Employment agencies
Florist shops and conservatories for retail trade on the premises only
Food, meat and fruit stores
Frozen food stores and food lockers
Furniture stores, and upholstery when conducted as a part of the retail operation and secondary to the main use
Furriers, when conducted for retail trade on the premises only
Gift shops
Government offices
Hardware stores
Haberdasheries
Hobby stores
Household appliance stores and repair
Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as a part of the retail operations and secondary to the main use
Jewelry and watch repair shops
Launderettes, automatic self-service types of hand laundries
Leather goods and luggage stores
Loan offices
Locksmiths
Mail order establishments
Millinery shops
Musical instrument sales and repair, retail trade only
News stands
Offices, business and professional, including medical clinics
Opticians and optometrists
Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles
Package liquor stores
Paint and wallpaper stores
Parking lots, open and other than accessory, for the storage of private passenger automobiles, and subject to the provisions of Article XI
Pet shops, but not including animal hospitals
Photography studios, including the development of film and pictures when done as a part of the retail business on the premises
Picture framing, when conducted for retail trade on the premises only
Photo developing and processing
Postal substations
Public utility collection offices
Publicly controlled parks, forest preserves, conservation areas and recreational areas, including trails
Radio and television repair
Restaurants, tearooms, or cafes, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles
Sewing machine sales and service
Shoe and hat stores, and repairs when done as a part of the retail business
Signs, as permitted in Article XII
Sporting goods stores
Taverns
Telegraph offices
Telephone exchanges and coin telephones, outdoor
Tobacco shops
Toy stores
Travel bureau and transportation ticket offices
Typewriter and adding machine sales and service
Variety stores
Wearing apparel shops
Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions of Article XI
B. 
Conditional uses. Conditional uses may be allowed as per Article XIV.
C. 
Conditions of use. All uses permitted in this district, except residence district uses, shall be retail establishments dealing directly with consumers and shall be subject to the following conditions:
(1) 
Dwelling units and lodging rooms are not permitted below the second floor.
(2) 
All business, servicing or processing, except for off-street parking and loading, shall be conducted within completely enclosed buildings.
(3) 
Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.
(4) 
There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.
(5) 
Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
(6) 
When business uses are located adjacent to residence districts, adequate fencing or screen planting shall be provided along all adjacent lot lines or alleys or driveways, and all lighting shall be installed so as to be directed away from the residence district.
(7) 
Any exterior sign displayed shall pertain only to a use conducted within the building.
(8) 
No cannabis dispensary shall be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day-care center, day-care home, group day-care home, or an area zoned for residential use.
[Added 10-17-2019 by Ord. No. 19-10-2017]
(9) 
The hours of operation of a cannabis dispensary shall fall between the hours of 6:00 a.m. and 10:00 p.m.
[Added 10-17-2019 by Ord. No. 19-10-2017]
D. 
Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building:
(1) 
Front yard. On every zoning lot there shall be provided and maintained a front yard in accordance with the following requirements:
(a) 
Primary thoroughfares: 60 feet from the property line or 90 feet from the center line of the right-of-way, whichever distance is greater.
(b) 
Collector thoroughfares: 50 feet from the property line or 80 feet from the center line of the right-of-way, whichever distance is greater.
(c) 
All other streets: 40 feet from the property line or 70 feet from the center line of the right-of-way, whichever distance is greater.
(2) 
Side yards. No side yard is required, except for a corner lot or a lot which abuts upon a residence district, or upon an alley separating this district from a residence district. There shall then be provided a side yard equal to 1/2 the front yard required in the abutting residence district; except that where new business uses side upon a primary or collector thoroughfare, a setback from the center line of the primary street shall be not less than 65 feet, and 55 feet for secondary streets.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
(3) 
Rear yard. There shall be a rear yard of not less than 20 feet; except where adequate service access is provided, a rear yard shall not be required.
E. 
Maximum floor area ratio. The maximum floor area ratio for a building or buildings on a zoning lot, including accessory buildings, shall not exceed 1:2.
F. 
Off-street automobile parking facilities. Automobile parking facilities shall be provided as permitted or required in Article XII.
The following regulations shall apply in the B-2 District:
A. 
Permitted uses. The following uses are permitted, provided they are operated within a building, except for off-street parking or loading facilities:
Any use permitted in the B-1 Limited Retail Business District
Automobile accessory stores, where there is no driveway entrance across the sidewalk into the main building
Automobile service stations for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto; facilities for chassis and gear lubrication and for washing of not more than four vehicles are permitted only if enclosed in a building. Gasoline pumps may be located in the required yard along a street, but not closer to the right-of-way line than 20 feet.
Automobile sales and service shops, including painting and repairing, but not the painting or repairing of trucks, and accessory auto parts sales as an activity accessory to the principal use
Battery and tire service stations
Boat showrooms, sales and service
Catering establishments
Exterminating shops
Garages, public, for storage of private passenger automobiles and commercial vehicles under 1 1/2 tons
Greenhouses, retail
Hotels and motels, including restaurants and meeting rooms
Machinery sales
Physical culture and health services
Pool halls
Schools: music, dance, business, commercial or trade
Theaters, indoor
Trailer sales and rental, for use with private passenger motor vehicles
Undertaking establishments, funeral parlors or mortuaries
B. 
Conditional uses. Conditional uses may be allowed as per Article XIV.
C. 
Conditions of use. All uses permitted in this district (except residence district uses) shall be retail establishments only and shall be subject to the following conditions:
(1) 
Dwelling units and lodging rooms are not permitted below the second floor, except in motels.
(2) 
All business, service or processing, except for off-street parking and loading, shall be conducted within completely enclosed buildings.
(3) 
When business uses are located adjacent to residence districts, adequate fencing or screen planting shall be provided along all adjacent lot lines or alleys or driveways, and all lighting shall be installed so as to be directed away from the residence district.
(4) 
There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.
(5) 
Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise or vibration or other similar causes.
(6) 
No cannabis dispensary shall be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day-care center, day-care home, group day-care home, or an area zoned for residential use.
[Added 10-17-2019 by Ord. No. 19-10-2017]
(7) 
The hours of operation of a cannabis dispensary shall fall between the hours of 6:00 a.m. and 10:00 p.m.
[Added 10-17-2019 by Ord. No. 19-10-2017]
D. 
Yard areas. All yard regulations shall be the same as required in the B-1 Business District.
E. 
Maximum floor area ratio. The maximum floor area ratio shall be the same as permitted in the B-1 Business District.
F. 
Maximum lot coverage. The maximum lot coverage shall be the same as permitted in the B-1 Business District.
G. 
Off-street automobile parking facilities. Automobile parking facilities shall be provided as permitted or required in Article XII.
The following regulations shall apply in the B-3 District:
A. 
Permitted uses. The following uses are permitted, provided they are conducted wholly within enclosed buildings, except (1) off-street parking and loading facilities, (2) establishments of the "drive-in" type offering goods and services directly to customers waiting in parked motor vehicles, and (3) uses specified below as permitted on an open lot:
[Amended 3-13-2002 by Ord. No. 02-14-262; 8-10-2011 by Res. No. 11-08-1821; 6-20-2024 by Ord. No. 24-06-79]
Any use permitted in the B-2 District, except dwelling units are not permitted in this B-3 District
Animal crematory - to be used for domestic pets/wild animals only
Agricultural equipment sales and services
Air conditioning and heating sales and service
Animal hospitals, kennels or pounds
Antique shops
Auction rooms
Automobile laundries
Bakeries, including the sale of bakery products to restaurants, hotels, clubs and other similar establishments when conducted as part of the retail business on the premises
Blueprinting and photostatting establishments
Bicycle sales and repair
Brewery/distillery
Building materials sales yards and storage
Bus passenger stations and terminals
Cartage and express facilities
Convention halls
Costume rental shops
Cutting of glass, mirror and glazing establishments
Dry-cleaning establishments
Exhibition halls
Greenhouses, wholesale
Laboratories (medical, dental, research, experimental and testing), provided no production or manufacturing of products takes place and provided the performance standards of the M-1 District are complied with
Linen, towel, diaper and other similar supply services
Live bait stores
Model homes or garage displays
Mobile homes and trailer sales
Monument sales
Newspaper distribution agencies, for home delivery
Parcel delivery stations
Pawn shops
Printing and publishing of newspapers, periodicals, books and including letter process work
Radio and television broadcasting stations
Restaurants
Secondhand stores and rummage shops
Schools, commercial or trade, subject to the provisions of the performance standards established in the M-1 District
Stadiums, auditoriums and arenas, open or enclosed
Storage, warehousing and wholesale establishments
Taxidermist shops
Theaters, outdoor
Undertaking establishments, funeral parlors or mortuaries
B. 
Conditional uses. Conditional uses may be allowed as per Article XIV.
C. 
Conditions of use. All conditions of use for permitted uses shall be the same as required and which apply in the B-2 Business District.
D. 
Yard areas. All yard regulations shall be the same as required and which apply in the B-1 Business District.
E. 
Maximum floor area ratio. The maximum floor area ratio shall be the same as permitted in the B-1 Business District.
F. 
Off-street automobile parking facilities. Automobile parking facilities shall be provided as permitted or required in Article XII.
[Amended 11-13-1992 by Ord. No. 92-11-185; 2-9-2000 by Ord. No. 00-03-248]
A. 
Intent. The intent of this section is to establish a Tourist District which would provide necessary locations within established zoning districts in order that Stephenson County will benefit from present and future tourism.
B. 
Location: no more than 1 1/2 miles from any city, town or village. Said Tourist District must abut on a federal, state or County hard-surface roadway.
C. 
Permitted uses. Permitted uses are as follows:
(1) 
Publicly controlled parks, forest preserves, conservation areas and recreation areas, including trails.
D. 
Conditional uses. Conditional uses may be allowed as per Article XIV. Other uses which, in the opinion of the Zoning Board of Appeals, are similar and incidental in nature to the uses allowed, and which will not be detrimental to the integrity of the Tourist District, in districts in which the T-1 conditional use is sought, may also be allowed.
E. 
Yard area: as permitted.
F. 
Front yard: as permitted.
G. 
Side yards: as permitted.
H. 
Rear yard: as permitted.
I. 
Maximum floor area ratio: as permitted.
J. 
Off-street automobile parking facilities: as permitted in Article XII.
K. 
Signs: as permitted or required in Article XIII.