The purpose of the Retail District (R District) is to provide
an area for high-quality, retail commercial development that is compatible
with the essential character and scale of development of the Village.
Land uses including small specialty shops, services and restaurants
(along with incidental nonretail uses) are emphasized, although major
food or other store "anchors" are permitted to allow for the development
of shopping areas that meet a full range of shopping needs for the
citizens of Bannockburn as well as neighboring communities. Bulk regulations,
use limitations, and landscaping requirements are designed to allow
commercial development to exist and operate without detracting from
the overall community character of the Village. Indeed, a properly
planned and designed retail development can do much to enhance that
character.
The Retail District is designed and intended to be mapped only
east of the Milwaukee Road railroad right-of-way at the convergence
of Waukegan Road and Half Day Road, the two primary thoroughfares
serving the Village, where its impact upon the Village's character
and residential development can be minimized with appropriate site
plan and development restrictions. The Retail District is inappropriate
for mapping in any other area of the Village.
The uses indicated in the following table and no others are permitted as of right in the Retail District. See § 260-1151 of this code regarding use interpretations.
A.
Retail trade.
(1)
Paint, glass and wallpaper stores (523).
(2)
Hardware stores (525).
(3)
Grocery supermarkets (5411).
(4)
Meat and seafood markets (5421).
(5)
Candy, nut, and confectionery stores (544).
(6)
Dairy products stores (545).
(7)
Retail bakeries (546).
(8)
Miscellaneous food stores, but not including egg or poultry
dealers (5499).
(9)
Apparel and accessory stores (56).
(10)
Home furniture, furnishings, and equipment stores (57).
(11)
Caterers (5812).
(12)
Restaurants, including carry-out and fast-food restaurants,
but not including drive-in establishments or drive-through facilities
(5812).
[Amended 10-24-2016 by Ord. No. 2016-27]
(13)
Cocktail lounges, but only when located within, and accessible
only from the interior of, permitted restaurants and intended primarily
to serve the patrons of such restaurants (5813).
(14)
Drugstores and proprietary stores (5912).
(15)
Packaged wine stores (5921).
(16)
Antique stores (5932).
(17)
Miscellaneous shopping goods stores, but not including ammunition
or firearms sales (594).
(18)
Retail stores, not elsewhere classified, but not including auction
rooms, fireworks sales, gravestone sales, sales barns, or tombstone
sales (599).
B.
Finance, insurance and real estate.
(1)
Security and commodity brokers, dealers, and services (62),
not including security and commodity exchanges (623).
(2)
Insurance carriers (63).
(3)
Insurance agents, brokers, and services (64).
(4)
Real estate agents, brokers, and managers (6531).
(5)
Real estate appraisers (6531).
(6)
Real estate multiple-listing services (6531).
C.
Services.
(1)
Landscape architects (0781).
(2)
Travel agencies (4724).
(3)
Retail agents for laundries and dry cleaners (7212).
(4)
Portrait photographers (7221).
(5)
Beauty shops, but not including beauty culture or cosmetology
schools (7231).
(6)
Barber shops, but not including barber colleges (7241).
(7)
Costume rental (7299).
(8)
Tuxedo and formal wear rental (7299).
(9)
Secretarial and court reporting services (7338).
(10)
Interior decorating and designing studios (7389).
(11)
Picture framing (7699).
(12)
Health services (80), but not including freestanding emergency
medical centers (8011), nursing and personal care facilities (805),
hospitals (806), medical and dental laboratories (807), or miscellaneous
health and allied services (809).
(13)
Legal services (81).
(14)
Engineering, architectural, and surveying services (871).
(15)
Accounting, auditing, and bookkeeping services (872).
(16)
Artists' studios (8999).
(17)
Physical fitness facilities (7991).
[Added 3-13-2023 by Ord. No. 2023-04]
Accessory structures and uses are permitted in the Retail District, subject to the provisions of § 260-901 of this code.
Temporary uses are permitted in the Retail District, subject to the provisions of § 260-903 of this code.
The uses listed in the following table may be permitted in the Retail District, subject to the issuance of a special use permit as provided in § 260-1162 of this code. See § 260-1151 of this code regarding use interpretations.
A.
Retail trade.
(2)
Drive-through facilities accessory to a carry-out or fast-food restaurant. In connection with the approval of a special use permit for a drive-through accessory to a carry-out or fast-food restaurant, the Board of Trustees may approve modifications to the lighting regulations contained in § 260-901D(10) of this code pursuant to an approved lighting plan for the drive-through (5812).
[Amended 2-23-2015 by Ord. No. 2015-02; 10-24-2016 by Ord. No. 2016-27]
(3)
Catalog and mail order houses (5961).
(4)
The sale of firearms and/or firearm accessories used exclusively for sport, but only in connection with a use permitted under § 260-403 of this code; and provided that any such special use permit may be issued subject to any conditions regarding the size and type of inventory, storage and security measures, display practices, and any other matters that the Board of Trustees deems to be necessary or appropriate to protect the users of the subject premises and nearby properties as well as the public health, safety, and welfare.
(5)
A drive-through accessory to a drugstore. In connection with
the approval of a special use permit for a drive-through accessory
to a drugstore, the Board of Trustees may approve modifications to
the lighting regulations contained in § 260-910D(10) of
this code, pursuant to an approved lighting plan for the drive-through.
[Added 1-10-2005 by Ord. No. 2005-01]
B.
Finance, insurance and real estate.
[Amended 5-22-2017 by Ord. No. 2017-12]
C.
Miscellaneous.
(3)
Operation of a use permitted or specially permitted by the provisions of this article beyond the time specified in § 260-410G.
(4)
Operation of any activity conducted in whole or in part outside a completely enclosed building and related to a use otherwise permitted or specially permitted by the provisions of this article; provided, however, that the operation of any such activity may be further regulated pursuant to the provisions of § 260-903 of this code.
(5)
Separate business establishments in excess of the size permitted by § 260-410F but otherwise permitted or specially permitted by the provisions of this article.
(6)
Off-site provision of required parking spaces, subject to the provisions of § 260-904B(2)(b).
(7)
Collective provision of required parking spaces, subject to the provisions of § 260-904B(2)(c).
(9)
Real estate signs in excess of the size limitation of § 260-906G(12)(c).
(10)
Public service signs as provided in § 260-906I(1)(g).
(11)
Ground signs in excess of the area or face limitations of § 260-906I(4)(f), or the height limitation of § 260-906I(5)(c).
(12)
A nonpermanent canopy that extends from the approved exterior
of the retail structure, provided that there is not more than one
canopy within 1,500 feet of another canopy.
[Added 7-8-1996 by Ord. No. 96-34]
(13)
Personal wireless services antennas mounted on support structures other than existing structures, provided that the maximum height of any support structure shall not exceed a height of 75 feet; and provided, further, that such support structure shall be located on that portion of a zoning lot that is least visually obtrusive but still functional, and that such antennas shall be subject to the regulations of § 260-910.
[Added 2-23-1998 by Ord. No. 98-07]
(14)
Notwithstanding the provisions of § 260-906E(2)(j) of this code that require a wall sign to be fastened directly to the wall of a building or structure, a wall sign may be fastened to a raceway or track system attached to a wall of a building or structure but only if the wall is constructed of stone.
[Added 1-23-2006 by Ord. No. 2006-02]
(15)
Lot coverage in excess of the seventy-percent lot coverage restriction contained in § 260-411E of this code; provided, however, that in no event shall the lot coverage of a lot in the Retail District exceed 75.02.%.
[Added 5-22-2017 by Ord.
No. 2017-12; amended 7-8-2019 by Ord. No. 2019-13]
(16)
To reduce the number of parking spaces required by § 260-904F of this code in excess of that permitted by variation authorized in § 260-1153E(1)(e) of this code; provided, however, that in no event shall the number of parking spaces required on a lot be reduced to less than 30% of that required by this code.
[Added 5-22-2017 by Ord.
No. 2017-12]
(17)
Identification ground signs.
[Added 11-26-2007 by Ord. No. 2007-43]
(a)
To allow a third identification ground sign in excess of the two ground signs permitted by § 260-906I(3)(f) of this code.
(b)
To allow the erection of an identification ground sign in lieu
of an otherwise permitted wall sign for an occupancy within a shopping
center, but only if:
[1]
The occupancy is a single user of a freestanding building;
[2]
The signage area of the ground sign is no greater than the allowable
signage area for the otherwise permitted wall sign;
[3]
The ground sign is integrated into screening elements of the freestanding
building, which screening elements do not exceed four feet in height;
and
[4]
The ground sign otherwise satisfies the general standards for ground
signs in the Retail District under this code.
(c)
To allow an identification ground sign in addition to the two ground signs permitted by § 260-906I(3)(f) of this code or otherwise authorized pursuant to Subparagraph (a) or (b) of this Paragraph D(17). Any identification ground sign approved pursuant to this Subparagraph (c) shall be limited to a size not to exceed 37 square feet and a height not to exceed eight feet, but may be located within 12 feet from the edge of a curbed payment and may be illuminated as provided in a special use permit ordinance.
[Added 5-26-2009 by Ord. No. 2009-20]
(18)
To exceed the nonretail use limitations contained in § 260-410L
of this code to allow up to 25% of the gross floor area of the ground
floor space in a shopping center to be occupied by nonretail uses;
provided, however, that to the extent nonretail uses occupy more than
20% of the gross floor area of the ground floor space of the shopping
center, the owner of the shopping center shall be required to pay
to the Village an in-lieu fee in an amount determined by the Village
Board of Trustees.
[Added 5-22-2017 by Ord.
No. 2017-12]
(19)
(Reserved)
(20)
To allow up to six permanent business window signs in addition
to a maximum of two wall signs, subject to the maximum gross surface
area provided by Subparagraph 260-906I(4)(c) of this code and provided
that the signs consist solely of images; do not contain words, numbers,
or symbols; and are not illuminated. The special use permit may authorize
such window signs to be spaced less than six feet apart and to have
more than three colors. However, no such sign shall be permitted to
obstruct any window area required for light, ventilation, or emergency
exit by any applicable construction or life-safety code. Unless required
by the Village Board in connection with the special use permit, architectural
review shall not be required for signs approved pursuant to this subparagraph.
[Added 6-26-2017 by Ord.
No. 2017-19]
D.
Planned unit developments, but only in accordance with § 260-1163 of this Code; provided, further, that:
[Added 2-10-2020 by Ord.
No. 2020-04]
(1)
A planned unit development may only be requested for a unified development site as defined in § 260-1226;
(2)
Except as may be set forth in the special use permit granting
planned unit development approval, development regulations shall be
applicable to the unified development site rather than individual
lots within the unified development site; and
(3)
Appropriate covenants shall be recorded against the unified
development site to ensure that the unified development site remains
in compliance with applicable requirements, notwithstanding any subdivision
or conveyance of lots within the unified development site.
The sign regulations applicable in the Retail District are set forth in § 260-906 of this code.
B.
Automotive services limited. Automobile service station services
shall be limited to the retail sale and dispensing of fuel, lubricants,
coolants, tires, batteries, minor accessories and supplies; and installation
and customary services incidental thereto. Towing operations shall
be prohibited. Facilities for chassis and gear lubrication and for
the washing of vehicles may be authorized by a special use permit
only if enclosed in a building and then limited to not more than four
vehicles.
(1)
In no event shall any service station be located within 2,000
feet of any other service station, whether or not such other service
station is located within the Village.
(2)
In no event shall the sale, rental, storage, service (except the minor service hereinabove mentioned), or repair of motorized vehicles, including passenger cars, trucks, buses, trailers, recreational vehicles or motorcycles, be allowed in the Retail District, except that vehicle rental or storage accessory to a retail use may be authorized by special use permit pursuant to § 260-406C(4).
[Amended 11-8-2021 by Ord. No. 2021-17]
(3)
In no event shall the sale or installation of vehicle parts
and accessories (except the minor accessories and installation hereinabove
mentioned) be allowed in the Retail District.
C.
Wholesale establishments prohibited. No wholesale establishments
or activities shall be allowed in the Retail District. All business
establishments shall be retail or service establishments dealing directly
with consumers.
D.
Manufacturing limited. No manufacturing, processing, or treatment
of products shall be conducted on any premises in the Retail District,
except those that are incidental to a principal retail business use.
All products produced on the premises shall be sold at retail on the
premises.
E.
Storage limited. No storage or warehousing of any product shall be
permitted in the Retail District except such as is incidental to a
principal retail use.
F.
Maximum space for separate establishment. No separate business establishment
shall occupy more than 50,000 square feet of floor space, except as
authorized by a special use permit. For purposes of this subsection
only, "separate business establishment" shall mean a single business
enterprise or any number of such enterprises doing business together
in a single structure or retail space and providing a range of goods
and/or services typically provided in such manner.
G.
Hours of operation. No use shall conduct normal operations before the hour of 7:00 a.m. or continue normal operations past the hour of 10:00 p.m.; provided, however, that upon the granting of a special use permit pursuant to § 260-1162, all carry-out restaurants and all grocery stores in excess of 50,000 square feet located within a particular shopping center may commence operations at 6:00 a.m.; and provided, further, that the hours of operation for a particular use may be varied from the limitations set forth above upon the granting of a special use permit.
H.
Operations within buildings. All business and services, including servicing, storage, processing or display of goods, except for off-street parking and loading, shall be conducted within completely enclosed buildings, except as specifically authorized by a special use permit pursuant to § 260-406C.
I.
Noxious or offensive impact prohibited. No use shall be conducted
in any manner which would render it noxious or offensive by reason
of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration
or glare.
J.
Firearms and firearm accessories. In no event shall the sale, rental, storage, service, or repair of firearms or firearms accessories be allowed in the Retail District except as specifically authorized by a special use permit pursuant to § 260-406A.
K.
Use limitations.
[Added 9-12-2005 by Ord. No. 2005-24]
(1)
Except as specifically authorized by a special use permit pursuant to § 260-406C(18) and in addition to and notwithstanding any use restrictions contained in this § 260-410 that are otherwise applicable, nonretail uses shall be prohibited in any ground floor space in the Retail District; except in any building exceeding 140,000 square feet, not more than 10% of the gross floor area of such building may be occupied by nonretail uses.
[Amended 5-22-2017 by Ord. No. 2017-12]
(2)
NONRETAIL USE
PREDOMINATE ACTIVITY
(a)
(b)
(c)
For purposes of this Subsection K, the following terms shall have the following meanings:
Any use whose predominate activity does not produce sales
tax for the Village, including, but not limited to, banks, brokerage
offices, real estate offices, and other business or professional offices,
and residential uses.
An activity that accounts for:
Fifty percent or more of the activity conducted in the ground
floor space; or
Fifty percent or more of the retail value of the annual gross
sales in the ground floor space; or
Fifty percent or more of the floor area of the ground floor
space, not including storerooms, stock areas, bathrooms, basements,
or any other portion of the establishment not open to the public.
The building height, lot, yard, floor area ratio, and coverage
requirements applicable in the Retail District are set forth in the
following table. Footnote references appear in Subsection F of this
section at the end of the table.
D.
Maximum floor area ratio: 0.22.
E.
Maximum lot coverage: 70%.
F.
Exceptions and explanatory notes.
(1)
Height limitation for accessory structures. No accessory structure shall exceed 15 feet in height; provided, however, that flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure, and the height of antennas shall be governed by § 260-901D of this code.
(2)
Nonconforming lots. See § 260-1005 of this code for lot requirements with respect to legal nonconforming lots of record.
(4)
Permitted obstruction in required yards. See § 260-909 of this code for certain structures and uses that may be located in certain required yards.
(5)
Setback from Waukegan Road and Half Day Road. No building or
any part thereof shall be erected and no parking shall be provided
within 50 feet of the lot lines along Waukegan Road or Half Day Road.
(7)
Side and rear yard abutting residential districts. In the event
that a side or rear yard in the Retail District abuts a residential
district or development, such yard shall be not less than 60 feet
in width or depth, as the case may be.
(8)
Side and rear yard regulations for accessory structures and
uses. Subject to the setback requirements set forth in Paragraph F(5)
above, parking areas, wherever located, and other detached accessory
structures and uses, when located within the rear 20% of the lot,
shall not be required to maintain an interior side or rear yard or
setback in excess of five feet unless the lot abuts property used
or zoned for residential purposes, in which case a twenty-five-foot
setback shall be maintained; provided, however, that this regulation
shall not apply to antennas and antenna support structures; and provided
further, however, that no accessory structure or use, or combination
of such structures or uses, located within an otherwise required side
or rear yard pursuant to this paragraph shall occupy more than 30%
of such required yard.
[Added 4-11-2016 by Ord.
No. 2016-04]
The purpose of the R-1 Specialty Retail District (R-1 District)
is to provide an area for high-quality, specialty retail commercial
development that is compatible with the essential character and scale
of development of the Village. The R-1 District is intended to encourage
development of major, stand-alone grocery and retail stores having
a unified development concept consisting of a single principal use,
with or without complementary ancillary uses. This is distinguished
from the R Retail District, in which small specialty shops, services,
restaurants, and incidental nonretail, including multi-tenant shopping
centers, are encouraged. Bulk regulations, use limitations, design
criteria, and landscaping requirements are intended to allow specialty
commercial developments to serve the shopping needs of the citizens
of the Village and others while enhancing the overall community character
of the Village.
The Specialty Retail District is designed and intended to be
mapped in the general vicinity of the northeastern quadrant of the
intersection of Waukegan Road and Half Day Road, being the two primary
thoroughfares serving the Village, where:
The following uses and no others are permitted as of right in
the Specialty Retail District:
Accessory structures and uses are permitted in the Specialty Retail District, subject to the provisions of § 260-901 of this code.
Temporary uses are permitted in the Specialty Retail District, subject to the provisions of § 260-903 of this code.
The uses listed in the following table may be permitted in the Specialty Retail District, but only if authorized by, and subject to the issuance of, a special use permit as provided in § 260-1162 of this code. See § 260-1151 of this code regarding use interpretations.
A.
Retail trade.
(1)
Paint, glass and wallpaper stores (523).
(2)
Hardware stores (525).
(3)
Grocery supermarkets (5411).
(4)
Meat and seafood markets (5421).
(5)
Candy, nut, and confectionery stores (544).
(6)
Dairy products stores (545).
(7)
Retail bakeries (546).
(8)
Miscellaneous food stores, but not including egg or poultry
dealers (5499).
(9)
Apparel and accessory stores (56).
(10)
Home furniture, furnishings, and equipment stores (57).
(11)
Caterers (5812).
(12)
Restaurants, but not including carry-out or drive-in establishments
(5812).
(13)
Cocktail lounges, but only when located within, and accessible
only from the interior of, permitted restaurants or grocery supermarkets
and intended primarily to serve the patrons of such restaurants or
grocery supermarkets (5813).
(14)
Drug stores and proprietary stores, which may include accessory
drive-through facilities. (5912).
(15)
Packaged wine stores (5921).
(16)
Antique stores (5932).
(17)
Miscellaneous shopping goods stores, but not including ammunition
or firearms sales (594).
(18)
Retail stores, not elsewhere classified, but not including auction
rooms, fireworks sales, gravestone sales, sales barns, or tombstone
sales (599).
(20)
Carry-out and fast-food restaurants, which may include accessory
drive-through facilities (5812).
(21)
Catalog and mail order houses (5961).
B.
Finance, insurance and real estate.
(1)
Security and commodity brokers, dealers, and services (62),
not including security and commodity exchanges (623).
(2)
Insurance carriers (63).
(3)
Insurance agents, brokers, and services (64).
(4)
Real estate agents, brokers, and managers (6531).
(5)
Real estate appraisers (6531).
(6)
Real estate multiple-listing services (6531).
(7)
Commercial banks (602) and savings institutions (603), including
accessory drive-in and automatic teller facilities, but not including
drive-in or automatic teller facilities as a principal use.
C.
Services.
(1)
Landscape architects (0781).
(2)
Travel agencies (4724).
(3)
Retail agents for laundries and dry cleaners (7212).
(4)
Portrait photographers (7221).
(5)
Beauty shops, but not including beauty culture or cosmetology
schools (7231).
(6)
Barber shops, but not including barber colleges (7241).
(7)
Costume rental (7299).
(8)
Tuxedo and formalwear rental (7299).
(9)
Secretarial and court reporting services (7338).
(10)
Interior decorating and designing studios (7389).
(11)
Picture framing (7699).
(12)
Health services (80), but not including freestanding emergency
medical centers (8011), nursing and personal care facilities (805),
hospitals (806), medical and dental laboratories (807), or miscellaneous
health and allied services (809).
(13)
Legal services (81).
(14)
Engineering, architectural, and surveying services (871).
(15)
Accounting, auditing, and bookkeeping services (872).
(16)
Artists' studios (8999).
(17)
Computer programming, data processing, and other computer-related
services (737).
(18)
Learning centers.
D.
Miscellaneous.
(1)
Business, professional and administrative offices not otherwise
listed.
(2)
Personal wireless services antennas mounted on an existing structure or other support structure, provided that no support structure shall exceed a height of 75 feet, and provided, further, that such support structure shall be located on that portion of a zoning lot that is least visually obtrusive but still functional, and that such antennas and support structures shall be subject to the regulations of § 260-910.
(3)
Other antennas and antenna support structures, subject to the regulations of § 260-901D(7), (8), and (9).
(4)
Live entertainment accessory to a specially permitted restaurant
or grocery supermarket and wholly located in an enclosed structure.
(5)
Retail sale of alcoholic beverages for on-premises consumption
and complimentary tastings of beer and wine accessory to a specially
permitted grocery supermarket, subject to compliance with all applicable
liquor regulations and license requirements.
(7)
Operation of a use permitted or specially permitted by the provisions of this article beyond the time specified in § 260-431F.
(8)
Operation of any activity conducted on a temporary basis in whole or in part outside a completely enclosed building and related to a use otherwise permitted or specially permitted by the provisions of this article; provided, however, that the operation of any such activity may be further regulated pursuant to the provisions of § 260-903 of this code.
(9)
Outdoor display and sale of merchandise and/or outdoor seating
areas, but not including outdoor display, sale, service, or consumption
of alcoholic beverages, as an accessory use to a grocery supermarket.
(10)
Off-site provision of required parking spaces, subject to the provisions of § 260-904B(2)(b).
(11)
Collective provision of required parking spaces, subject to the provisions of § 260-904B(2)(c).
(13)
Light sources and/or luminaires that extend into a required
bufferyard, provided that such light sources and/or luminaires are
affixed to a building wall and do not extend more than 24 inches into
the required bufferyard, and that all lot line illumination requirements
are satisfied.
(14)
Exterior lighting that does not strictly conform to the requirements of § 260-901D(10) of this code.
(16)
To exceed the nonretail use limitations contained in § 260-431I of this article to allow for up to 15% of the gross floor area of the ground floor space in a building to be occupied by nonretail uses.
(17)
To reduce the number of parking spaces required by § 260-427 of this article in excess of that permitted by variation authorized in § 260-1153E(1); provided, however, that in no event shall the number of parking spaces required on a lot be reduced by more than 10% of that required by this code.
The parking and loading requirements applicable in the Specialty Retail District are set forth in §§ 260-904 and 260-905 of this code; provided, however, that:
A.
Notwithstanding § 260-904F, the minimum number of off-street parking spaces required for any retail trade use in the Specialty Retail District shall be 4.5 spaces per 1,000 square feet of net floor area; and
B.
Notwithstanding § 260-904C(3)(c) and § 260-905C(3)(c), the required stormwater system shall either be:
The exterior lighting regulations applicable in the Specialty Retail District are set forth in § 260-901D(10) of this code or as otherwise provided by special use permit granted pursuant to § 260-426.
A.
No residential uses. No residential uses shall be allowed in the
Specialty Retail District.
B.
Automotive services limited. Automobile service station services
shall be limited to the retail sale and dispensing of fuel, lubricants,
coolants, tires, batteries, minor accessories and supplies; and installation
and customary services incidental thereto. Towing operations shall
be prohibited. Facilities for chassis and gear lubrication and for
the washing of vehicles may be authorized by a special use permit
only if enclosed in a building, and then limited to not more than
four vehicles. In no event shall any service station be located within
2,000 feet of any other service station, whether or not such other
service station is located within the Village.
(1)
In
no event shall the sale, rental, storage, service (except the minor
service hereinabove mentioned), or repair of motorized vehicles, including
passenger cars, trucks, buses, trailers, recreational vehicles or
motorcycles, be allowed in the Specialty Retail District.
(2)
In
no event shall the sale or installation of vehicle parts and accessories
(except the minor accessories and installation hereinabove mentioned)
be allowed in the Specialty Retail District.
C.
Wholesale establishments prohibited. No wholesale establishments
or activities shall be allowed in the Specialty Retail District. All
business establishments shall be retail or service establishments
dealing directly with consumers.
D.
Manufacturing limited. No manufacturing, processing, or treatment
of products shall be conducted on any premises in the Specialty Retail
District, except those that are incidental to a principal retail business
use. All products produced on the premises shall be sold at retail
on the premises.
E.
Storage limited. No storage or warehousing of any product shall be
permitted in the Specialty Retail District except such as is incidental
to a principal retail use.
F.
Hours of operation. No use shall conduct normal operations before
the hour of 6:00 a.m. or continue normal operations past the hour
of 10:00 p.m.; provided, however, that the hours of operation for
a particular use may be varied from the limitations set forth above
upon the granting of a special use permit.
G.
Operations within buildings. All business and services, including servicing, storage, processing or display of goods, except for off-street parking and loading, shall be conducted within completely enclosed buildings, except as specifically authorized by a special use permit pursuant to § 260-426 or a temporary use permit pursuant to § 260-903D of this code.
H.
Noxious or offensive impact prohibited. No use shall be conducted
in any manner which would render it noxious or offensive by reason
of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration
or glare.
I.
Use limitations.
(1)
Except as specifically authorized by a special use permit pursuant to § 260-426, nonretail uses shall be prohibited in any ground floor space in the Specialty Retail District.
(2)
NONRETAIL USE
PREDOMINATE ACTIVITY
(a)
(b)
(c)
For
purposes of this subsection, the following terms shall have the following
meanings:
Any use whose predominate activity does not produce sales
tax for the Village, including, but not limited to, banks, brokerage
offices, real estate offices, and other business or professional offices,
and residential uses.
An activity that accounts for:
Fifty percent or more of the activity conducted in the ground
floor space; or
Fifty percent or more of the retail value of the annual gross
sales in the ground floor space; or
Fifty percent or more of the floor area of the ground floor
space, not including storerooms, stock areas, bathrooms, basements,
or any other portion of the establishment not open to the public.
The building height, lot, yard, floor area ratio, and coverage
requirements applicable in the Specialty Retail District are set forth
in the following table. Footnote references appear in Subsection F
of this section at the end of the table.
D.
Maximum floor area ratio: 0.22.
E.
Maximum lot coverage: 70%.
F.
Exceptions and explanatory notes.
(1)
Height limitation for accessory structures. No accessory structure shall exceed 15 feet in height; provided, however, that flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure and the height of antennas shall be governed by § 260-901D of this code.
(2)
Nonconforming lots. See § 260-1005 of this code for lot requirements with respect to legal nonconforming lots of record.
(5)
Setback from Waukegan Road and Half Day Road. No building or
any part thereof shall be erected within 50 feet of the lot lines
along Waukegan Road or Half Day Road. No off-street parking shall
be provided within 20 feet of Waukegan Road or within 50 feet of Half
Day Road.
(7)
Side and rear yard abutting residential districts. In the event
that a side or rear yard in the Specialty Retail District abuts a
residential district or development, such yard shall be not less than
60 feet in width or depth, as the case may be; provided, however,
that driveways and roadways may be located within the required yard
but shall be set back not less than 30 feet from any property located
in a residential district or development.
(8)
Side and rear yard regulations for accessory structures and
uses. Subject to the setback requirements set forth in Paragraph F(5)
above, parking areas, driveways, and sidewalks, wherever located,
and other detached accessory structures and uses, when located within
the rear 20% of the lot, shall not be required to maintain an interior
side or rear yard or setback in excess of five feet unless the lot
abuts property used or zoned for residential purposes, in which case
a thirty-foot setback shall be maintained; provided, however, that
this regulation shall not apply to antennas and antenna support structures;
and provided further, however, that no accessory structure or use,
or combination of such structures or uses, located within an otherwise
required side or rear yard pursuant to this paragraph shall occupy
more than 30% of such required yard.
(9)
Front yard regulations for signage and walkways. Notwithstanding any other provision of this chapter, signage and pedestrian walkways may be located within a required front yard setback, provided that such signage and walkways are part of a site plan approved by special use permit pursuant to § 260-426.
(10)
Credit for right-of-way dedication. For any zoning lot included
within the Specialty Retail District that has frontage along Waukegan
Road (Illinois Route 43), to the extent that any land from such lot
is dedicated or otherwise conveyed for right-of-way purposes for Waukegan
Road without compensation or remuneration of any sort, the Waukegan
Road lot line(s) for such lot shall be deemed to be the lot line(s)
as existed as of April 11, 2016. The prededication lot area and dimensions
of such lot shall be applied for purposes of calculating lot area
and dimensions, yards, gross floor area, and lot coverage requirements.
