§ 154.176. B-5 PLANNED REGIONAL CENTER BUSINESS DISTRICT.

(A)

Purpose Statement: The B-5 planned regional center business district is intended to permit the orderly development, redevelopment, and continued maintenance of regional commercial centers and uses compatible therewith, including, but not limited to, banks, restaurants, offices, theaters and hotels which are located in one (1) or more structures or included in an integrated complex of structures. Development in this district is limited to parcels of land that have:

(1)

Access to major arterial thoroughfares;

(2)

Structures that are architecturally compatible;

(3)

Planned building and parking locations;

(4)

Efficient internal circulation and parking design;

(5)

Ample landscaping materials, suitable signage and sufficient loading areas; and

(6)

Acceptable engineering and infrastructure design.

(B)

Permitted Uses: Permitted uses of structures and land as hereinafter enumerated shall be allowed in the B-5 planned regional center business district. Only those uses specifically listed hereunder shall be considered permitted uses and no structure or land shall be devoted to any use other than a use permitted hereunder with the exception of:

Accessory uses in compliance with the provisions of sections 154.60 through 154.68 of this chapter;

Special uses in compliance with the provisions of subsection (C) of this section;

Uses lawfully established prior to the effective date hereof; or

Uses permitted in accordance with the provisions of subsections (F) and (G) of this section.

The following uses constitute the only permitted uses in the B-5 zoning district:

(1)

Retail Uses:

Air conditioning sales and/or service.

Antique shops.

Apparel and accessory stores.

Appliance sales and/or service.

Art galleries.

Art supply stores.

Automobile parts and/or supply stores.

Bakeries: retail.

Bicycle sales and/or repair shops.

Bookstores.

Building materials and supply stores.

Business machines sales and/or service.

Camera and photographic supply stores.

Candy and confectionery stores.

China and glassware stores.

Clothing and apparel stores.

Coin, philatelic, stamp and numismatic stores.

Computer sales and/or service.

Convenience stores.

Dairy products stores.

Delicatessens.

Department stores.

Drapery stores.

Drugstores.

Dry goods stores.

Electrical supply and equipment stores.

Electronic sales and/or service.

Eyewear sales and/or service.

Fabric and sewing supply stores.

Fish markets.

Floor covering stores.

Florists.

Food stores.

Furniture and home furnishing stores.

Garden supply stores.

Gift and novelty stores.

Grocery stores.

Hardware stores.

Hobby stores.

Home decorating stores.

Home supply centers.

Interior decorating shops.

Jewelry stores.

Leather goods and luggage stores.

Liquor stores.

Magazine and newspaper stores.

Meat markets.

Medical appliance stores.

Motor vehicle parts and supply stores.

Musical instrument sales and/or service.

Newsstands.

Nurseries and garden stores: retail.

Office equipment and supply stores.

Paint, glass and wallpaper stores.

Pet stores.

Phonograph, records, tapes and music stores.

Plumbing appliance and equipment stores.

School supply stores.

Shoe stores.

Souvenir and curio stores.

Sporting goods stores.

Stationery and card stores.

Telephone sales and service.

Tool sales and service.

Toy stores.

Water softener sales and service.

(2)

Service Uses:

Art studios.

Banks and financial institutions.

Barbershops and beauty shops/salons/spas.

Blueprinting and document reproduction establishments.

Car wash (accessory).

Clothing and costume rental agencies.

Currency exchanges.

Dry cleaners: retail.

Employment agencies.

Garages: private customer and employee.

Jewelry repair.

Loan companies.

Locksmiths.

Music conservatories and studios.

Parcel pickup and delivery services.

Photographic processing shops: retail.

Photographic studios: retail.

Picture framing shops.

Shoe and hat repair shops.

Tailors and dressmaking shops.

Tanning salon establishments.

Ticket agencies.

Travel agencies.

(3)

Office and Professional Uses (up to a maximum of twenty percent (20%) of the FAR permitted for the zoning lot):

Employment agencies.

Offices: general, except as noted elsewhere in this chapter.

Political organization offices.

Real estate sales and brokerage offices.

(4)

Health, Medical and Care Facilities:

Dental offices.

Electrolysis and hair removal offices.

Massage establishments (as ancillary use to medical office, health treatment center, or health club).

Massage establishments (as principal use).

Medical offices.

Pharmacies.

Physical therapy facility.

(5)

Public and Utility Uses:

Collocation of antennas.

Government offices.

Post offices.

Roof-mounted antennas.

Satellite receiving dish which is no greater than one meter (1 m) in diameter, located within the rear yard area, and which meets setback requirements for accessory structures, or is placed on the roof.

Stealth design communication facilities.

Wall-mounted antennas.

(6)

Cultural, Recreational and Entertainment Uses:

Amusement and entertainment establishments (indoor), except as noted elsewhere in this chapter.

Auditoriums.

Billiard and pool halls.

Bowling alleys.

Children's recreation centers.

Ice skating rinks (indoor).

Miniature golf courses (indoor).

Motion picture and drama theaters.

Museums.

Rollerskating rinks.

(7)

Educational Uses:

Tutoring facility.

(8)

Miscellaneous Uses:

Auditoriums and theaters within a regional shopping center building.

Ice cream shops and restaurants within a regional shopping center building.

(9)

Similar and Compatible Uses: Other uses which are similar and compatible to those allowed under permitted uses. Determination of what constitutes similar and compatible shall be made by the director of community development or his/her authorized designee, acting in the capacity of zoning administrator.

(C)

Special Uses: Special uses of structures and land as hereinafter enumerated shall be allowed in the B-5 planned regional center business district in accordance with the provisions of section 154.90 of this chapter. Except as provided in subsections (F) and (G) of this section, a special use shall be required for the following:

(1)

Retail Uses:

Boat and marine craft sales and/or service.

Gun shops.

Outdoor nurseries and garden centers, accessory to a permitted or special use.

Retail tobacco and smoking store.

(2)

Service Uses:

Ambulance services.

Automobile driving schools.

Automobile service stations.

Car wash (principal).

Computer service establishments.

Drive-through facilities.

Hotels.

Ice cream shops.

Motor vehicle rental agencies.

Motor vehicle repair and/or service.

Restaurants.

(3)

Service Uses (only as an accessory use in a principal building):

Computer service establishments.

(4)

Health, Medical and Care Facilities:

Alcoholic, psychiatric and narcotic treatment facilities.

Daycare centers.

(5)

Public and Utility Uses:

Array style design antenna communication facility.

Bus terminals.

Railroad stations.

Satellite receiving dish greater than one meter (1 m) in diameter.

Slim line design monopole communication facility.

Water towers.

Water treatment and distribution facilities.

Water wells, reservoirs and storage facilities.

(6)

Cultural, Recreational and Entertainment Uses:

Amusement and entertainment establishments (outdoor), except as noted elsewhere in this chapter.

Amusement parks.

Miniature golf courses (outdoor).

Racetracks.

Sports training and teaching establishments, including but not limited to, dance, athletic and martial arts studios.

Stadiums and arenas.

Virtual reality establishments.

Zoos.

(7)

Educational Uses:

Barber and beauty schools.

Business and technical schools.

Colleges and universities.

Dance and music academies and conservatories.

Dormitories, housing accommodations, and associated facilities when associated with an educational institution.

Personnel training centers.

Studios for art, ceramics and similar skills.

Studios for drama, speech and similar skills.

Trade schools.

Vocational schools.

(8)

Mixed Use Developments:

Mixed use developments (exempting office and professional uses up to a maximum of twenty percent (20%) of the allowable FAR as specified in subsection (B)(3) of this section).

(D)

Site and Structure Provisions: Uses of structures and land in the B-5 planned regional center business district shall conform to the following site and structure provisions:

(1)

Minimum Area:

(a)

District: The area that may constitute a separate or detached part of the B-5 zoning district shall not be less than thirty (30) acres.

(b)

Minimum Lot Size: The lot area of each zoning lot shall not be less than twenty thousand (20,000) square feet.

(2)

Minimum Lot Width: The lot width of each zoning lot shall not be less than one hundred feet (100').

(3)

Maximum Lot Coverage: The maximum lot coverage of all principal and accessory buildings, including parking structures, shall not exceed fifty percent (50%) of the total area of a zoning lot.

(4)

Maximum Floor Area Ratio (FAR): The maximum floor area ratio for all principal and accessory buildings, including parking structures, located on a zoning lot shall not exceed one hundred forty percent (140%) or 1.4 times the total area of the zoning lot. A greater floor area ratio may be allowed as a variation by the village board, acting upon the recommendation of the zoning board. When greater FARs are specified in an adopted concept plan or other pertinent elements of the village comprehensive plan, practical difficulty or particular hardship need not be demonstrated.

(5)

Maximum Building Height: No principal or accessory structure shall exceed seventy-five feet (75') in height. An increase in building height may be allowed as a variation by the village board, acting upon the recommendation of the zoning board. When greater building heights are specified in an adopted concept plan or other pertinent elements of the village comprehensive plan, practical difficulty or particular hardship need not be demonstrated.

(6)

Minimum Yard Requirements: The following yards shall be provided and maintained:

(a)

Front Yard:

1.

Buildings: All buildings, both attached and detached, including parking structures, shall be set back from a front lot line or corner side lot line abutting a dedicated street a minimum of thirty feet (30') plus one (1) additional foot back for every three-foot (3') increase in building height over sixteen feet (16') in height. All buildings, including parking structures, shall be set back from a front lot line or corner side lot line abutting a private street a minimum of thirty feet (30').

2.

Parking: All surface off-street parking and loading areas shall be set back from a front lot line or corner side lot line abutting a dedicated street a minimum of twenty-five feet (25'). All surface off-street parking and loading areas shall be set back from the front lot line abutting a private street a minimum of ten feet (10').

(b)

Interior Side Yard:

1.

Buildings: Principal, freestanding buildings shall be set back from the interior side lot line a minimum of ten feet (10'). Principal, freestanding buildings shall be set back from other principal buildings a minimum of twenty feet (20'). No setbacks from other buildings or zoning lots shall be required for attached buildings located in an integrated complex of structures, or for parking structures accessory thereto.

2.

Parking: A five-foot (5') setback shall be required from an interior side lot line for surface off-street parking, except in those cases where surface parking is shared among one (1) or more property owners.

(c)

Rear Yard:

1.

Buildings: Principal, freestanding buildings shall be set back from the rear lot line a minimum of fifteen feet (15'). No setbacks from other buildings or zoning lots shall be required for attached buildings located in an integrated complex of structures, or for parking structures accessory thereto.

2.

Parking: All off-street surface parking and loading areas shall be set back from the rear lot line a minimum of ten feet (10'), except in those cases where surface parking is shared among one (1) or more property owners.

(E)

District Standards: All uses of structures and land in the B-5 planned regional center business district are subject to the general standards and regulations of this chapter, including the general district standards as set forth in section 154.171 of this chapter, except as modified herein. In addition, all uses located in the B-5 zoning district shall be subject to the following district standards:

(1)

Traffic Contributions: Based upon the traffic impact of new development proposed within the B-5 zoning district, the property owner shall adhere to the village's traffic contribution schedule determined and periodically updated by the village board. Said fee schedule shall incorporate, but not be limited to, the following:

(a)

Type and magnitude of proposed land use;

(b)

Trip generation rates for the particular land use under consideration;

(c)

Carrying capacity of adjoining streets and thoroughfares;

(d)

Planned improvements to overall road network by other property owners and governmental bodies; and

(e)

Cost of needed improvements as a direct result of the proposed development, as opposed to if no development had occurred.

 Payment of traffic contributions shall be required prior to the issuance of building permits for the proposed development or at each phase of development as authorized by the village board, acting upon the recommendation of the project review group.

(2)

Declaration of Protective Covenants: In the event a regional shopping center shall have multiple owners (i.e., more than one (1) entity with less than sole ownership), the ownership shall submit twenty (20) copies of a declaration of protective covenants for review by the project review group and approval by the village board. Said documents shall set forth the responsibilities of each vested owner as it relates to the maintenance and repair of all commonly owned facilities, including, but not limited to, stormwater retention and detention areas, parking lots (both surface and structured), driveways, loading areas, and parks and open space.

(3)

Operation Within an Enclosed Structure: All business, service, storage and display of goods shall be conducted within completely enclosed structures, except:

(a)

Automobile service stations, provided storage and display of goods shall not exceed one hundred (100) cubic feet of aggregate volume and five feet (5') in height measured from grade. No storage or display of goods shall be located within a required yard, designated parking space, nor impede pedestrian and vehicular circulation;

(b)

Products customarily used in the repair and service of motor vehicles, when stored or displayed outdoors only during hours of operation of type A automobile service stations;

(c)

Propane tank racks when located in accordance with all applicable codes. Said storage shall not exceed one hundred (100) cubic feet in area with a maximum height of five feet (5') as measured from grade. Propane tanks shall be stored within an approved enclosure;

(d)

Off-street parking and loading;

(e)

Outdoor seating areas accessory to restaurants, when allowed as a special use in accordance with the provisions of section 154.90.04 of this chapter;

(f)

Sale or display of merchandise sold or offered for sale through vending/ice machines, provided such machines do not occupy an aggregate ground area of more than sixteen (16) square feet; or

(g)

Accessory uses, when allowed in accordance with the provisions of section 154.63 of this chapter and subsections (B) and (C) of this section.

(4)

Off-Street Parking and Loading:

(a)

Except as provided in subsection (E)(4)(b) of this section, all uses shall conform to the applicable requirements for off-street parking and loading as set forth in sections 154.120 through 154.127 of this chapter.

(b)

Notwithstanding any provisions of section 154.123 of this chapter, retail uses and service uses, excepting hotel and office uses, located in regional shopping centers consisting of an integrated complex of structures shall maintain a parking ratio of five (5) spaces per one thousand (1,000) square feet of net floor area up to the first one million (1,000,000) square feet in a regional shopping center, four and one-half (4½) spaces per one thousand (1,000) square feet of net floor area in a regional shopping center greater than one million (1,000,000) square feet but less than one million five hundred thousand (1,500,000) net square feet, and four (4) spaces per one thousand (1,000) square feet for the net floor area in a regional shopping center exceeding one million five hundred thousand (1,500,000) square feet of net floor area.

(5)

Truck Parking: The parking and/or storage of trucks overnight as an accessory use when used in the conduct of a permitted or special use in the B-5 zoning district shall be limited to vehicles of not over one and one-half (1½) tons' capacity when located within one hundred fifty feet (150') of a residence district.

(6)

Exterior Lighting: All exterior lighting shall be shaded or inwardly directed in such a manner so that no direct lighting or glare is cast upon adjacent residential or institutional property. All lighting not used for building illumination, safety purposes, or otherwise required by the Village of Schaumburg shall be operated only between the hours of 7:00 a.m. and 11:00 p.m. All exterior lighting sources shall emanate a consistent color character throughout the zoning district.

(7)

Neon Lighting: The use of decorative exterior neon on buildings shall be integral to the architectural design of the building and have a logical and complementary relationship to the building elevation. Neon shall not be applied solely to attract the attention of the passing motorists. The use of decorative exterior neon shall only be permitted within the zoning district for the following uses:

(a)

All retail business uses.

(b)

All service uses, allowed as permitted uses or special uses, excluding banks, credit unions, financial institutions, loan companies, and savings and loan associations.

(c)

Drugstores.

(d)

Auditoriums and theaters.

(e)

Any use deemed appropriate by the director of community development or his/her authorized designee.

(8)

Compliance with Standards: Except as provided in subsections (F) and (G) of this section, each applicant for a building permit for a new building or addition to an existing building shall submit the plans therefor to the zoning administrator for review for compliance with the standards and regulations of this chapter.

(F)

Status of Existing Buildings, Uses, Approved Site Plans, Approved Special Uses, Approved Variations and Approved Building Permits: Where a building or use exists or a site plan, special use, variation or building permit has been finally approved by the appropriate village authority but the building not yet built on the effective date of the ordinance establishing the B-5 planned regional center business district, such building, use, site plan, special use, variation, building permit and all buildings, structures or other improvements constructed in substantial conformance therewith, shall not be deemed to be nonconforming or illegal in any respect for noncompliance with any provision of this district, but shall, without further action of the corporate authorities, be deemed lawful, conforming and duly authorized. If requested, the village shall issue a building permit for any such building or use for which a site plan, special use or variation has been approved.

(G)

Status of Existing Uses Requiring Special Use or Variation: Where a use or building exists at the effective date of the ordinance establishing the B-5 planned regional center business district and is permitted by this chapter only as a special use or variation, such use or building shall not be deemed to be a nonconforming use or building, but shall, without further action, be deemed a lawful conforming and duly authorized special use or variation.

(Ord. 163, passed 12-5-1961; Am. Ord. 688, passed 2-9-1971; Am. Ord. 826, passed 3-14-1972; Am. Ord. 1041, passed 1-8-1974; Am. Ord. 1450, passed 8-9-1977; Am. Ord. 2191, passed 11-16-1982; Am. Ord. 2601, passed 2-11-1986; Am. Ord. 2811, passed 6-23-1987; Am. Ord. 2916, passed 1-26-1988; Am. Ord. 92-146, passed 12-8-1992; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 95-75, passed 6-27-1995; Am. Ord. 97-152, passed 12-9-1997; Am. Ord. 98-17, passed 2-24-1998; Am. Ord. 98-70, passed 6-23-1998; Am. Ord. 01-166, passed 11-13-2001; Am. Ord. 03-80, passed 6-24-2003; Am. Ord. 06-10, passed 1-10-2006; Am. Ord. 06-111, passed 6-13-2006; Am. Ord. 06-137, passed 7-25-2006; Am. Ord. 07-06, passed 1-9-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-065, passed 4-22-2008; Am. Ord. 08-146, passed 10-28-2008; Am. Ord. 10-029, passed 4-13-2010; Am. Ord. 10-055, passed 5-25-2010; Am. Ord. 13-031, passed 4-16-2013; Am. Ord. 16-015 , passed 2-9-2016)