§ 121-193. B1 planned local shopping center district.

(a)

Purpose. The B1 planned local shopping center district regulations are 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 and in the vicinity of the shopping district.

(b)

Permitted uses. The following uses are permitted, provided the total floor area devoted to any one establishment does not exceed 5,000 square feet, except as specified otherwise herein, in connection with certain uses.

(1)

Antique shops.

(2)

Art and school supply stores.

(3)

Bakeries, retail sales where not more than 50 percent of the floor area may be devoted to processing of goods, and goods so processed shall be sold only on the premises.

(4)

Camera and photographic supply stores.

(5)

Candy and ice cream stores.

(6)

Carpet and rug stores.

(7)

Clothes pressing establishments.

(8)

Clothing stores.

(9)

Clubs or lodges, private, fraternal, or religious when located above the ground floor.

(10)

Community garden.

(11)

Drug stores, for which floor area may be increased to not more than 7,000 square feet.

(12)

Dry cleaning and laundry receiving stations, including self-service coin-operated equipment.

(13)

Farmers market.

(14)

Financial institutions.

(15)

Flower shops.

(16)

Food stores, meat and fish markets, and delicatessens. Floor area for a grocery store or a combination grocery store and one or more of the other food stores may be increased to not more than 25,000 square feet.

(17)

Furniture stores.

(18)

Furrier shops.

(19)

Garden supply store with no outdoor storage or display of merchandise.

(20)

Gift shops.

(21)

Haberdashery stores.

(22)

Hardware stores, for which floor area may be increased to not more than 7,000 square feet.

(23)

Hobby shops, for retailing of items to be assembled or used away from the premises.

(24)

Household appliance stores, including radio and TV sales with incidental repair premises.

(25)

Interior decoration shops, including upholstery and making of draperies, slip covers, and other similar articles when conducted as part of the retail operations and secondary to the principal use.

(26)

Jewelry stores.

(27)

Launderettes and hand laundries.

(28)

Leather goods and luggage stores.

(29)

Liquor stores, package.

(30)

Locksmith shops.

(31)

Medical and dental clinics, including laboratories incidental thereto.

(32)

Millinery shops.

(33)

Musical instrument sales and repair.

(34)

Musical stores, including phonographs, phonograph records, and sheet music.

(35)

Newspaper offices, not including printing.

(36)

Newsstands.

(37)

Office supply stores.

(38)

Offices, professional, business, public or institutional.

(39)

Paint and wallpaper stores.

(40)

Pet shop and pet grooming shop.

(41)

Photography studios, including developing and printing of photographs when conducted on the premises as part of the retail business.

(42)

Restaurants, which may include accessory cocktail lounges when the restaurant has facilities for serving 50 or more persons at the same time.

(43)

Shoe and hat repair stores.

(44)

Shoe stores.

(45)

Sporting goods stores.

(46)

Tailor shops.

(47)

Temporary buildings for construction purposes, for a period not to exceed the duration of construction.

(48)

Toy shops.

(49)

Variety stores, for which floor area may be increased to not more than 7,000 square feet.

(50)

Accessory uses to the above permitted uses, including but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX.

(c)

Conditional use permit.

(1)

Other business uses similar to permitted uses listed in subsection (b) of this section.

(2)

Amusement places, indoor, including bowling alleys, billiard parlors, ice skating rinks, swimming pools and other indoor commercial recreation uses as approved by the village board.

(3)

Animal obedience training school.

(4)

Building material sales establishments, including product displays, but excluding milling, planning, jointing or manufacture of millwork.

(5)

Day care centers and nursery schools.

(6)

Drive-in facilities, when accessory to a permitted use.

(7)

Electronic amusement arcade.

(8)

Exercise gymnasium.

(9)

Fresh pizza and ice cream parlor.

(10)

High technological assembly.

(11)

Hobby shops, including the on premises assembly, demonstration and use of products sold.

(12)

Industrial design and artist studio.

(13)

Instant print shop.

(14)

Open sales lots, except those for which a transient or seasonal merchant license is issued by the village clerk, such use shall be considered a permitted use for the term of the license.

(15)

Outdoor restaurant seating, restricted and limited to uses which are accessory to and an extension of the restaurant and dining services provided indoors.

(16)

Public utility and governmental service uses: Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations:

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennas.

f.

Railroad rights-of-way.

g.

Transit and public transportation facilities, including passenger shelters.

h.

Telephone exchange buildings, microwave towers and telephone exchange transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs and towers and sanitary and storm sewer lift stations, public or community.

j.

Bicycle paths.

(17)

Radio and television service and repair shops.

(18)

Religious bookstore, subject to regulatory conditions.

(19)

Resale shop.

(20)

Restaurants with seating of 50 or less may include live musical entertainment.

(21)

Theaters, indoor.

(22)

Undertaking establishments and funeral parlors.

(23)

Variety store, not more than 25,000 square feet.

(24)

Videocassette rental, subject to regulatory conditions.

(25)

Wholesale food distribution.

(26)

YMCA or YWCA facility, including buildings and related recreational uses.

(27)

Accessory uses to the above special uses, including but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX of this chapter.

(d)

Setbacks.

(1)

Exterior boundary setbacks. Where property located within the B1 district abuts streets, railroads, rivers, residence districts or manufacturing districts, the following setbacks shall be provided:

a.

Along street rights-of-way, not less than 80 feet, except that the area extending from the building to within 15 feet of the street right-of-way may be occupied by drives, vehicular parking, sidewalks, landscaping and similar facilities (all area between the street right-of-way and building line which is not occupied by such facilities, including the 15 feet adjoining the street, shall be appropriately landscaped);

b.

Along railroad rights-of-way or other business districts, not less than ten feet;

c.

Along manufacturing districts, not less than 25 feet;

d.

Along the Milwaukee River, not less than 150 feet, except that the setback may be used as in subsection (d)(1)a. of this section; and

e.

Along residence district boundaries, not less than 35 feet, which shall be a maintained and landscaped area.

(2)

Interior setbacks. No other setbacks are required; provided, however, that if a setback is provided, it shall be not less than ten feet in width.

(e)

Floor area ratio. Floor area ratio in the B1 district shall not exceed 0.3 for the total area under initial unified development. If the development is subsequently divided into lots, permitted floor expansion for each lot shall be specified upon the application for a zoning certificate and recorded as a restrictive covenant.

(f)

Off-street parking and off-street loading. In accordance with applicable regulations herein set forth in article VIII of this chapter.

(Prior Code, § 22-4-4.03; Ord. of 9-20-1954, § 22-4-4.03; Ord. No. 04-04, §§ I, X, 4-19-2004; Ord. No. 05-03, § I, 1-17-2005; Ord. No. 10-04, § I(N), 4-19-2010)