§ 9-8-4. B-3 Business District.
A.
Legislative Intent. The purpose of the B-3 District is to provide areas within which a broad range of entertainment, restaurant, retail, and related uses that attract regional and local customers, and are located with easy access from major transportation facilities. This district is intended to encourage the development of similar business uses on adjacent parcels that, by nature of being located in proximity to each other, will facilitate long term economic sustainability for the Village as a whole.
B.
Permitted Uses .
1.
Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the B-3 Business District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, except those uses lawfully in existence on the effective date of this Code.
2.
The following uses are permitted in the B-3 Business District:
a.
Amphitheaters, Indoor.
b.
Art galleries.
c.
Auditoriums.
d.
Bakeries, where all goods are sold on the premises at retail.
e.
Barber shops, beauty parlors and spas, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.
f.
Bowling alleys.
g.
Department, furniture and home appliance stores.
h.
Drug stores.
i.
Dry cleaners that transport dry goods off-site to be dry cleaned at a separate facility.
j.
Florist shops for retail trade only.
k.
Game area.
l.
Games, common business.
m.
Game room.
n.
Game room, dart playing facility.
o.
Game room, restaurant.
p.
Grocery, fruit or vegetable stores.
q.
Health clubs.
r.
Hotels, including cocktail lounges and other auxiliary uses.
s.
Indoor entertainment centers, including miniature golf, paint ball, laser tag, and other similar uses.
t.
Meat market or poultry stores, if no slaughter or stripping is involved.
u.
Multi-Purpose Entertainment and Sport Arenas.
v.
Municipal buildings and uses.
w.
Museums.
x.
Off-Track Betting Establishments as part of another permitted or special use.
y.
Restaurants, including drive-in and drive-through restaurants.
z.
Retail stores and services.
aa.
Special events in which a "special events business license" is obtained according to Section 8-11-2.
bb.
Tanning salons.
cc.
Theatres, indoor.
dd.
Water Park, indoor.
ee.
Accessory uses, including but not limited to the following:
(1)
Antennas and communication towers.
(2)
Architectural or landscaping embellishments, such as fountains, bridges, and patios.
(3)
Auxiliary retail or other incidental uses as appropriate and customarily associated with a principal use. These uses shall be incidental to and provide service for the principal use. These uses shall be wholly within the building and there shall be no exterior display of the auxiliary function.
(4)
Operations required to maintain or support any use permitted in paragraphs [a.] through [dd.] above, on the same tract as the permitted use provided the structures or structural features are consistent and compatible with the permitted use such as maintenance shops, power plants, storage buildings, etc.
(5)
Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.
(6)
Storage of building materials (during course of construction only).
(7)
Temporary buildings for construction purposes only in accordance with the provisions of Section 9-3-10.
C.
Special Uses. Special Uses as hereinafter enumerated may be allowed in the B-3 Business District, subject to the issuance of a special use permit in accordance with the provisions of Section 9-1-18:
1.
The following special uses may be allowed in the B-3 Business District:
a.
Amphitheater, outdoor.
b.
Motion picture theatre, outdoor.
c.
Outdoor entertainment center, including miniature golf, paint ball, go carts, and other similar uses.
d.
Outdoor sports venue.
e.
Water Park, outdoor.
f.
Any use listed in Section 9-7-6-B or 9-7-6-C, but not listed in Section 9-8-4-B.
g.
All other similar uses not heretofore cited in Section 9-8-4-B and Section 9-8-4-C.
D.
Area Regulations.
1.
Minimum Development Area. In order for a parcel to be classified as a B-3 Business District, the parcel shall contain an area of 30 acres or more and must be under single ownership and/or control, or be filed under a joint application at the time the parcel is granted B-3 Business District classification.
2.
Lot Area. The minimum zoning lot area for each principal building erected within the B-3 Business District shall be two acres, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum lot area.
3.
Lot Width. The minimum zoning lot width for each principal building erected within the B-3 Business District shall be 200 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the lot width.
4.
Front Yard. The minimum zoning lot front yard setback for buildings erected within the B-3 Business District shall be 25 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback.
5.
Side Yard. The minimum zoning lot side yard setback for buildings erected within the B-3 Business District shall be 10 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum side yard setback.
6.
Rear Yard. The minimum zoning lot rear yard setback for buildings erected within the B-3 Business District shall be 10 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum rear yard setback.
7.
Floor Area Ratio. The floor area ratio for a zoning lot in the B-3 Business District shall not exceed 1.5.
E.
Outside Storage. Outside storage of items incidental to grounds and road maintenance will be permitted subject to Village site plan approval, and if adequately screened and secured in accordance with the following standards. Outside storage of any equipment, materials, supplies or products shall not be permitted except as follows:
1.
Storage areas shall be enclosed by a screened wall or fence of a material consistent or complementary with the principal building on the lot, including solid doors or gates thereto, and shall not be greater than seven feet in height unless otherwise approved through the site plan approval process. In no case shall material exceed the height of the enclosed fence or wall.
2.
All walls or fences where they adjoin a road or street must be 100 percent enclosed.
3.
Anything stored outdoors that has a tendency to be windborne shall be effectively covered so as not to be windblown.
4.
All areas to be used for outside storage must be covered with a material appropriate for the items intended to be stored.
F.
Height Regulations. The maximum building height in the B-3 Business District shall not exceed 210 feet. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.
G.
Multiple/Mixed Uses. In order to maximize usable open space, minimize the need for off-street parking by creating opportunities for shared parking and to encourage coordination of design and development of mixed but compatible business or office uses, multiple principal buildings may be permitted on a single zoning lot.
H.
Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.
I.
General Regulations. For additional regulations and requirements pertaining to the B-3 Business District see Article 3 (Section 9-3, General Requirements and Procedures Applicable within Various Districts).
(Ord. No. 4335-2012, § 2, 10-1-12; Ord. No. 4350-2013, § 10, 1-14-13)