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Bloomingdale City Zoning Code

CHAPTER 9

M-1 LIMITED MANUFACTURING DISTRICT

11-9-1: PROHIBITED USES:

   A.   No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoir; acid manufacture; arsenals; crematories, creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping or reduction of garbage, dead animals, offal, or refuse; ore reduction, petroleum processing or refining; nitrocellulose manufacture; synthetic polymers manufacture; gutta percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyard or slaughter of animals or fowls; tallow, grease, or lard manufacture or treatment; tanning, curing, or storage of rawhides or skins; tar distillation or manufacture; junkyards; or batch asphaltic concrete, cement concrete, or mortar mixing plants.
   B.   No activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted, except such as specifically licensed by the village. Such materials shall include, but not be confined to, all primary explosives such as lead azide, lead styphnate, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid, propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than thirty five percent (35%), and nuclear fuels, fissionable materials, and products and reactor elements such as uranium 235 and plutonium 239. (Ord. 69-12, 4-23-1969)

11-9-2: PERMITTED USES:

All B-4 district uses, permitted and special.
Boat showrooms.
Building material sales.
Cartage and express establishments, not including motor freight terminals.
Contractor shops and storage.
Dry cleaning, dyeing, and rug cleaning establishments with no limitation on the number of employees.
Feed stores.
Greenhouses, retail and wholesale.
Laundries, with no limitation on the number of employees.
Machinery sales establishments.
Mail order sales and warehousing.
Manufacturing, assembly, disassembly, fabricating, repairing, storing, cleaning, servicing or testing establishments, provided operation of such establishment conforms with applicable performance standards set forth in section 11-9-7 of this chapter, and provided such use is not specifically prohibited by this title.
Monument sales and production.
Packaging and crating.
Printing and publishing establishments.
Public utility and public service uses, including:
Electric distribution centers and substations.
Public transportation facilities, including shelters, terminals, parking areas, and service buildings.
Radio or television transmission or receiving towers.
Railroad rights of way and passenger stations.
Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings.
Water filtration plants, sewage treatment plants, pumping stations, and reservoirs, municipally owned and operated.
Signs, as regulated in chapter 14 of this title.
Storage, warehousing, and wholesale establishments, except fuel oil, gasoline, and other flammable materials. (Ord. 69-12, 4-23-1969)

11-9-3: SPECIAL USES:

Airports.
Firearms practice facility, indoor, in accordance with the following terms and conditions:
   A.   It is required that all shooters must complete an orientation safety program or show a valid firearm owners identification (FOID) card, before they are allowed to discharge firearms.
   B.   There shall be remote monitoring of air filtration device at regular intervals.
   C.   No more than one person shall use a shooting lane at any one time.
   D.   The amount and location of ammunition intended for use at the range shall comply with the requirements of the Bloomingdale fire protection district.
   E.   There shall be either remote or on site real time monitoring of security cameras at all times.
   F.   The firearms practice facility shall be required to obtain a business license that shall include a criminal background check of owners and managers, and other employees as deemed necessary by the village board.
   G.   The firearms practice facility is required to provide parking for its customers on site. If parking demand exceeds the supply, the facility shall reduce the number of lanes that can be occupied for shooting, or otherwise reduce customer demand for the facility so that parking can be contained on site.
   H.   All shooting ranges shall provide ceiling and in-wall sound barriers to prevent sound in excess of fifty five (55) db at the property line of the subject property, and at zero db at any property line of a residential district.
   I.   Complaints regarding noise, odors, and traffic congestion resulting from the firearms practice facility shall be directed to the planning and zoning commission at a public hearing for a recommendation to the village board of trustees.
   J.   The shooting range must comply with all village, state of Illinois, and federal laws and regulations. Where the foregoing requirements conflict with any other local, state, and federal requirements, the more restrictive shall apply.
Medical cannabis cultivation and dispensing centers, subject to the following:
   A.   Compliance with the compassionate use of medical cannabis pilot program act ("act"), also known as Illinois public act 098-0122;
   B.   Submission and performance requirements in addition to those set forth in chapter 4, "Site Development And Plan Review", of this title and other performance requirements in district regulations:
      1.   Floor Plan: At minimum a concept floor plan indicating principal function areas, to include where nonpatients will be permitted, private consulting areas, storage areas, and retail areas.
      2.   Disposal Plan: A plan for disposal of any medical cannabis or byproducts that are not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable state or local regulations.
      3.   Ventilation Plan: A plan for ventilation of the medical cannabis business that describes the ventilation systems that will be used to prevent any odor of medical cannabis off the premises of the business. For cultivation centers, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.
      4.   Security Plan: A security plan for the medical cannabis business that includes facility access controls, surveillance systems, on site security personnel, and other security measures required by state or local regulations.
      5.   Exterior Appearance: Elevations of the exterior appearance of the building of a cultivation center or dispensary demonstrating compatibility with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.
      6.   Entrance And Means Of Egress: Plans shall depict more than one means of egress from the interior so as to meet building codes and public safety concerns; however, it shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing cannabis. The dispensary entrance shall be located and maintained clear of any barriers, landscaping and similar obstructions that may block the view so that the entrance and pedestrian access is clearly visible from the public street, sidewalk and parking area.
      7.   Cannabis Paraphernalia And Product Display At Dispensaries: No retail sales of cannabis paraphernalia are permitted except as permitted by law to qualifying patients and/or designated caregivers. No medical cannabis or paraphernalia shall be displayed or kept in a dispensary so as to be visible from outside the premises.
      8.   On Site Use Prohibited: No cannabis shall be smoked, eaten or otherwise consumed or ingested within the medical cannabis business.
Planned developments.
Stone or gravel quarries, when crushing, grading, washing, and loading operations conform with not less than the applicable regulations set forth in this chapter. (Ord. 69-12, 4-23-1969; amd. Ord. 2014-48, 10-27-2014; Ord. 2015-03, 1-12-2015)

11-9-4: SITE AND STRUCTURE REQUIREMENTS:

   A.   Lot Area: Lot area is to be not less than eighteen thousand (18,000) square feet.
   B.   Lot Width: Lot width is to be not less than one hundred feet (100').
   C.   Floor Area: Floor area is to be not less than five thousand (5,000) square feet.
   D.   Floor Area Ratio: Floor area ratio is not to exceed 1.5.
   E.   Building Height: Building height is not to exceed thirty five feet (35').
   F.   Yards:
      1.   Front Yard: Front yard is to be not less than forty feet (40') in depth.
      2.   Side Yards: Side yards shall not be less than twenty five feet (25') in width, except a side yard abutting a street shall not be less than forty feet (40') in width.
      3.   Rear Yard: Rear yard is to be not less than forty feet (40') in depth, except a rear yard abutting an alley or railroad right of way may be reduced to twenty feet (20') in depth.
   G.   Dwellings: No dwelling units will be allowed, except for that of the owner or caretaker. (Ord. 69-12, 4-23-1969)
   H.   Signs: Signs shall be subject to the regulations of chapter 14 of this title. (2012 Code)

11-9-5: ENCLOSED OPERATIONS:

Within three hundred feet (300') of a residence district boundary line, all activities and operations shall be within completely enclosed buildings, or may be out of doors if completely screened by a solid wall or uniformly painted fence at least eight feet (8') in height, and open storage shall not be of a greater height than that of the enclosing fence; except, that off street parking for vehicles in operable condition and off street loading and unloading spaces may be located in accordance with requirements set forth in chapter 13 of this title. (Ord. 69-12, 4-23-1969)

11-9-6: PROXIMITY TO RESIDENCE DISTRICTS:

No buildings or structures shall be used for the manufacture, fabricating, assembly, disassembly, repairing, storing, cleaning, or servicing of materials, products, or goods within three hundred feet (300') of any lot line of a lot located in a residence district. (Ord. 69-12, 4-23-1969)

11-9-7: PERFORMANCE STANDARDS:

Any use established in manufacturing districts which involves the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, or testing of materials, goods, or products shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, glare, or heat, and no use already established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, such applicable performance standards. The application for a building permit shall be accompanied by a certification from a recognized testing laboratory selected from a panel approved by the village board.
   A.   Noise:
      1.   Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed; provided, that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this title, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (±2) decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
      2.   At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table: (Ord. 69-12, 4-23-1969)
Octave Band
Maximum Permitted Sound Level (Decibels)
(Frequency Cycles Per Second)
Along Or In Residence District Boundaries
Along Or In Business District Boundaries
Octave Band
Maximum Permitted Sound Level (Decibels)
(Frequency Cycles Per Second)
Along Or In Residence District Boundaries
Along Or In Business District Boundaries
1 to 75
72
75
76 to 150
67
70
151 to 300
59
63
301 to 600
52
57
601 to 1,200
46
52
1,201 to 2,400
40
45
2,401 to 4,800
34
40
above 4,800
32
38
 
(Ord. 69-12, 4-23-1969; amd. 2012 Code)
   B.   Smoke And Particulate Matter:
      1.   The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
      2.   For the purpose of grading the density of smoke, the Ringelmann chart, published and used by the United States bureau of mines, shall be employed. The emission of smoke or particulate matter of a density greater than no. 2 on the Ringelmann chart is prohibited at all times, except as otherwise provided hereinafter.
      3.   The emission, from all sources within any lot area, of particulate matter containing more than ten percent (10%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited.
      4.   Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinafter specified is prohibited.
      5.   The emission of more than eight (8) smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann no. 2. However, during one 1-hour period in each twenty four (24) hour day, each stack may emit up to sixteen (16) smoke units when blowing soot or cleaning fires. Only during fire cleaning periods, however, shall smoke of Ringelmann no. 3 be permitted, and then for not more than three (3) minutes.
   C.   Toxic Or Noxious Matter: No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
   D.   Odors: The emission of odorous matter in such a quantity as to be readily detectable at any point along lot lines, or as to produce a public nuisance or hazard beyond lot lines, is prohibited.
   E.   Fire And Explosion Hazard:
      1.   The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flashpoint of not less than one hundred eighty seven degrees Fahrenheit (187°F), is permitted subject to compliance with all other performance standards for this district.
      2.   The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187°F) but not less than one hundred five degrees Fahrenheit (105°F), is permitted subject to compliance with all other performance standards for this district, and provided the following conditions are met:
         a.   Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having exterior walls of fire resistive construction in accordance with other provisions of this code.
         b.   Unless otherwise provided in this title, all such buildings or structures shall be set back at least forty feet (40') from lot lines, or in lieu thereof, all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association, or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association.
      3.   The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flashpoint of less than one hundred five degrees Fahrenheit (105°F), shall be permitted in this district; provided:
         a.   That the final manufactured product does not itself have a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187°F);
         b.   That the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association and with the requirements of other provisions of this code; and
         c.   That the storage of said materials shall be prohibited aboveground.
   F.   Glare Or Heat: Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines.
   G.   Vibration: No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause, at any time, ground transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement, measured in inches, of earth) shall be measured at any point along a residence district boundary line with a three (3) component measuring instrument approved by the village board, and shall be expressed as displacement in inches as follows:
 
Frequency (Cycles Per Second)
Maximum Permitted Displacement Along Residence District Boundaries (In Inches)
0 to 10
0.0008
10 to 20
0.0005
20 to 30
0.0002
30 to 40
0.0002
40 and over
0.0001
 
(Ord. 69-12, 4-23-1969)

11-9-8: OFF STREET PARKING AND LOADING:

Parking spaces and loading berths shall be in accordance with provisions set forth in chapter 13 of this title. (Ord. 69-12, 4-23-1969)