The industrial district provides for the development of various types of warehousing, and manufacturing uses within a framework of standards designed to:

(1)

Provide jobs for the people of the village and its environment.

(2)

Provide separation and compatibility with other land uses and activities within the village.

(3)

Encourage modern improved means of industrialized production.

(4)

Enhance the tax base of the village and other governmental agencies.

(Ord. No. O-11-03-4, § 10.01, 11-24-2003)

Unless otherwise provided in the regulations of this chapter, the following provisions shall apply to the industrial district:

(1)

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: abattoirs, 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, pyroxylin 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, or cement concrete or asphaltic concrete batch mixing plants, or motor freight terminal, or any other facility which in the judgment of the village board of trustees would cause undue traffic congestion or excessive deterioration of village streets due to high frequency of heavy loads.

(2)

No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the village. Such materials shall include, but shall not be confined to, all primary explosives such as lead oxide, lead styphnate, fulminates and tetrocene, and all high explosives such as TNT, RDX, HMX, PETN and piric acid; propellants and components thereof such as nitrocellulose, black powder, baron hydrides, hydrazine, and its derivatives, pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate, blasting explosives such as dynamite and nitrogylcerine, unstable organic compounds such as acetylides, petrozoles, perchloric acid, perchlorates, chiorates, hydrogen peroxide in concentrations greater than 35 percent and nuclear fuels, fissionable materials and products and reactor elements such as uranium 235 and plutonium 239.

(3)

All activities and operations shall be conducted either (i) within completely enclosed buildings or (ii) out of doors, but only if such out-door use is completely screened by a solid wall or uniformly painted solid fence not less than eight feet in height. Under no circumstances shall any open (out-door) storage be permitted unless all items stored are completely screened by the wall or fence required above, and under no circumstances shall any item, equipment, vehicle, or other thing be stored on any property that is taller than the wall or fence provided. As an exception to the foregoing, off-street parking and off-street loading and unloading spaces may be provided without a screening wall or fence, so long as all such spaces fully comply with all applicable requirements set forth in article VII of this chapter.

(4)

Except as provided in section 60-369 of this chapter, no building, structure, or land located in the industrial district may be used for industrial purposes, including without limitation storage purposes, if and to the extent that any part of such building, structure, or land lies within 150 feet of any lot line of a lot located in any residence district. As an exception to the foregoing, off-street parking and off-street loading spaces may be located within this area, provided that all such spaces fully comply with all applicable requirements of article VII of this chapter.

(5)

Except as explicitly authorized and approved as an enumerated special use, no use that in any way involves the keeping, storage, husbandry, or other use, however described, of any live animal shall be permitted in the industrial district, provided that nothing in this section is intended or shall be deemed to prohibit the keeping and use of guard dogs in the industrial district.

(Ord. No. O-11-03-4, § 10.02, 11-24-2003; Ord. No. O-12-21-4, § 2, 12-13-2021; Ord. No. O-12-21-7, § 2, 12-13-2021)

The M industrial district is intended to provide an environment suitable for and limited to light manufacturing that will not have an adverse effect upon the environmental quality of the community.

(1)

Permitted uses. A building or premises shall be used only for the following permitted uses:

a.

Assembly and manufacture from prefabricated parts for household appliances, electronic products and similar products or the processing or assembling of parts for production of finished equipment.

b.

Bakers.

c.

Bottling works.

d.

Building material sales and storage.

e.

Business school for the handicapped.

f.

Cameras and other photographic equipment and supplies.

g.

Carpet and rug cleaning.

h.

Contractor's offices and shops including yard.

i.

Currency exchanges.

j.

The manufacture, compounding, processing, packaging, or treatment of such goods, materials and products of the following:

1.

Bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, and the like.

2.

Articles made from previously prepared materials such as bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell textiles, wire, yarns and the like.

3.

Musical instruments, toys, novelties, rubber or metal stamps, and other small molded rubber products.

4.

Fabrication and repair of electric or neon signs or other commercial advertising structures, light sheet metal products and the like.

k.

Motor vehicle sales.

l.

Offices.

m.

Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers.

n.

Pharmaceutical products, compounding only.

o.

Printing, publishing or engraving.

p.

Public utility and/or service uses.

1.

Essential services including fully automated gas regulating stations, telephone exchanges and electric substations.

2.

Railroad passenger stations when not located on railroad property.

3.

Private sewage treatment plants.

4.

Waterworks, reservoirs, pumping stations, filtration plants and wells.

5.

Telephone exchanges, microwave relay towers, and telephone transmission equipment buildings.

6.

Public water filtration plants, pumping stations, reservoirs, and public sewage treatment plants.

7.

Other public or private utility service uses.

q.

Service industry such as laundry, cleaning or dyeing establishment or similar use.

r.

Signs, as permitted in chapter 38.

s.

Sporting and athletic equipment manufacture.

t.

Training center for the disabled.

u.

Industrial and manufacturing plants where the process of manufacturing or the treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent of the lot or tract is used for the open storage of products, materials or equipment.

v.

Temporary buildings.

w.

Signs, as permitted in chapter 38.

x.

Accessory uses to the permitted uses in subsection (1)a through (1)w of this section. (See sections 60-4, 60-10 and article V of this chapter.)

y.

Municipal buildings and uses.

z.

Open (out-door) storage of products, materials, and equipment, including containers or vehicles, but only when fully screened and/or fenced in compliance with this article.

(2)

Special uses. The following uses may be allowed by special use permit in accordance with the provisions of article VIII of this chapter:

a.

All permitted and special uses of section 60-152, B-1 local business district and all permitted and special uses of section 60-153, B-2 commercial districts.

b.

Automobile laundries.

c.

Automobile major repair (see definitions, section 60-4) if conducted within a completely enclosed building and subject to any other codes and ordinances.

d.

Automobile service stations, where the retail sale of gasoline and oil for motor vehicles, including minor services customarily incidental thereto, may be conducted out-of-doors. Lubricating and working facilities, including auto laundries, are permitted only if in a completely enclosed building.

e.

Auto wrecking yards and junkyards but only when the premises upon which activities are conducted are wholly enclosed within a building or by a solid wooden fence not less than eight feet in height.

f.

Bank and financial institutions.

g.

Drug stores.

h.

Garage, public.

i.

Heliports and helipads.

j.

Meat processing.

k.

Mini warehouse.

l.

Truck or transfer terminal or freight house or bus garages and repair shops.

m.

Petroleum storage, but only after the location and treatment of the premises have been approved by the chief of the fire department.

n.

Distribution establishment or warehouse or wholesale markets.

o.

Any other manufacturing establishment that can be operated without creating objectionable noise, odor, dust, smoke, gas fumes and vapor; and any use compatible with the use and occupancy of adjoining properties.

p.

Planned developments, manufacturing, provided a planned development is on a tract of land not less than five acres in area and under unified ownership or control.

q.

Sexually oriented business as defined in article IX of this chapter.

r.

Youth center for the entertainment of young people.

s.

Accessory uses to the permitted uses in subsection (1) of this section. (See sections 60-4, 60-10 and article V of this chapter.)

t.

Wind energy systems.

u.

Medical marijuana dispensary in accordance with 410 ILCS 130/ et seq.

v.

Homeless shelters, but only as a planned development subject to the procedures of article VIII, division 8 of this chapter.

(3)

Required conditions. All permitted uses are subject to the following conditions:

a.

Any production, processing, cleaning, servicing, testing and repair or storage of goods, materials, or products shall conform with this Code.

b.

All business, production, servicing, processing shall take place within completely enclosed buildings unless otherwise specified. Storage uses that may be conducted in the open must fully comply with all screening and fencing requirements of this article at all times.

c.

Uses established on the effective date of the ordinance from which this chapter is derived and by its provisions rendered nonconforming shall be permitted to continue, subject to the regulations of article II of this chapter.

d.

Uses established after the effective date of the ordinance from which this chapter is derived shall conform fully with this Code.

(4)

Yard requirements. Yards shall be provided in accordance with the following regulations:

a.

Front yard. Not less than 50 feet in depth shall be provided.

b.

Side yards. No side yard is required except on the side of a lot adjoining a residence district, in which case a side yard of not less than five feet shall be provided in M industrial district. On a corner lot, a side yard adjoining a street shall be provided and such yard shall be not less than 50 feet in width.

c.

Rear yard. No rear yard is required except on the rear of a lot adjoining a residence district, in which case a rear yard of not less than 25 feet shall be provided.

d.

Exception to side yard and rear yard limits. In the event that a lot is adjacent to and served by a railroad switch track to the interior of a building or structure on said lot, then said building or structure may be erected either on one of the side lot lines or on the rear lot line, but not both. In such case no building or structure shall be erected closer than 40 feet to another existing building or structure on an adjacent lot or within 30 feet of an interior street right-of-way or within 40 feet of a perimeter street right-of-way.

(5)

Building height. Building height shall not exceed 85 feet above curb level or six stories, whichever is lower, except whenever a building in an M industrial district adjoins or abuts a residence district, within 100 feet therefrom, such building shall not exceed three stories or 45 feet in height unless it is set back one foot from the required side and rear yard lines for each foot of additional height above 45 feet.

(6)

Floor area. Floor area ratio subject to requirements set forth under subsection (4) of this section yard requirements the floor area ratio shall not exceed 0.7.

(7)

Signs. Signs as permitted in chapter 38.

(8)

Off-street parking and loading. Off-street parking and loading facilities shall be provided as required or permitted in article VII of this chapter.

(9)

Wind energy systems. All special use permit applications for wind energy systems shall be subject to site plan review. The site plan required by this section shall contain the following:

a.

Location of wind tower on site and wind tower height, including blades, rotor diameter and ground clearance.

b.

All utility lines both above and below ground within a radius equal to the proposed wind tower heights, including blades.

c.

Dimensional representation of the various structural components of the wind tower construction including the based and footings.

d.

Design date indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

e.

Certification by a registered professional engineer or manufacturer's certification that the wind tower design is sufficient to withstand wind load requirements for structures.

(10)

Standards for wind energy systems. All wind energy systems shall be subject to the following standards:

a.

No parcel or zoning lot shall contain more than one single wind tower with a maximum height of 130 feet or up to three wind towers having a maximum height of 30 feet.

b.

Setbacks from all property lines shall be no less than 1.5 times the maximum height of the wind tower measured from the wind tower base.

1.

All wind towers shall be at least 750 feet from any adjoining property's dwelling unit, and no less than 1.25 times the wind tower height from the any applicable dwelling unit on the lot on which the wind tower is located.

2.

The drop line for all wind towers shall allow the tower, should it fall, to remain on the owner's property in all directions.

3.

All wind towers shall be set back a distance of at least 1.25 times the wind tower height from third party transmission lines and telecommunications carrier facilities.

4.

Any variance of the applicable setback requirements, whether required in this chapter or elsewhere in these regulations, shall be recorded with the village clerk or county recorder of deeds, whichever has jurisdiction.

c.

A wind energy system shall be separated from any other wind energy system by a minimum of 200 feet measured from the tips of the blades when the blades are parallel with the ground.

d.

A wind energy system shall be of monopole construction to the extent practicable. If monopole construction is not practicable, a wind tower must be of freestanding construction to the extent practicable. If monopole or freestanding construction is not practicable, a wind tower may be guyed.

e.

The vertical distance from ground level to the tip of a wind turbine blade when the blade is at its lowest point must be at least 25 feet.

f.

Access to a wind energy wind tower shall be limited either by means of a locked and secure fence six feet in height located around the entire wind tower base with a locking portal, or by limiting wind tower climbing apparatus to no lower than 12 feet from the ground or be designed such that it cannot be climbed.

g.

No wind energy system shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence indicating the degree of expected interference and the possible effect on the microwave communications link.

h.

Wind energy systems shall be located or installed in compliance with Federal Aviation Administration (FAA) with regard to airport approach zones and clearance and lighting.

i.

The exterior surface of any visible components of a wind energy system must be a non-reflective, neutral color. Wind towers and turbines located within 1,000 feet of each other must be of uniform design, including wind tower type, color, number of blades, and direction of blade rotation.

j.

No wind turbine, wind tower, building or other structure associated with a wind energy system may be used to advertise or promote any product or service. No word or graphic representation, other than appropriate warning signs and owner identification, may be placed on a wind turbine, wind tower, building, or other structure associated with a wind energy system so as to be visible from any public road.

k.

A building permit shall be required for installation of any wind energy system.

l.

A wind energy system that is out of service for a continuous 12-month period shall be deemed abandoned. The zoning administrator may serve a notice of abandonment upon the owner of a wind energy system that it is deemed abandoned. Within three months of service of the notice of abandonment, the owner must remove all equipment and components of the wind energy system at the owner's expense pursuant to subsection (13) of this section.

m.

Climb prevention. All wind towers, turbines or poles must be unclimbable by design or protected by anticlimbing devices such as:

1.

Fences with locking portals at least six feet in height; or

2.

Anticlimbing devices 12 feet from the base of the tower or pole.

n.

Color. Towers and blades shall be painted a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible.

o.

Compliance with applicable regulations. It shall be responsibility of the person in charge of the wind energy system to contact the Federal Communications Commission (FCC) and the FAA regarding additional required permits or any other applicable federal or state laws and regulations for the installation of a wind energy system prior to the public hearing on any proposed special use permit. The wind energy system shall be Underwriters Laboratories (UL) approved and ASEE certified or any applicable equivalent.

p.

Controls and brakes. All WECS projects shall be equipped with manual and automatic controls and mechanical brakes to limit rotation of blades to a speed below the designed limits of a wind energy system. For purposes of this section, the term "manual and automatic controls" means controls which give protection to power grids and limit rotation of a wind energy system's blades to below the designed limits of the conversion system.

q.

Design safety certification. The safety of the design of all wind energy systems shall be certified by a licensed professional engineer. The standard for certification shall be good engineering practices and shall conform to the village code and other applicable regulations.

r.

Height. Wind generator machine height must comply with all FAA regulations.

s.

Installation certification. A licensed professional engineer or certified manufacturer's representative or installer shall certify that the construction and installation of the wind energy system meets or exceeds the manufacturer's construction and installation standards.

t.

Lighting. Lighting for any wind tower and other portions of the wind energy system shall be constructed in accordance with the minimum requirements and standards allowed by the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.

u.

Mounting. All wind energy conversion systems shall be mast mounted. Building-mounted WECS will require an additional special use permit.

v.

Roads. Any proposed access roads that will be used for construction purposes shall be identified and approved by the township road commissioner or the village engineer, whichever has jurisdiction, prior to the hearing before the planning and zoning commission. Any road damaged caused by the transport of the wind energy system equipment, the installation, or the removal, must be completely repaired to the satisfaction of the township road commissioner or the village engineer, whichever has jurisdiction.

w.

Warnings. A visible warning sign of "high voltage" must be placed at the base of the wind energy system. The sign must have at a minimum six-inch letters. Such signs shall be located a maximum of 300 feet apart and at all point of site ingress and egress.

(11)

Maintenance and operation.

a.

Annual inspection. Every wind energy system must be inspected annually by a licensed professional engineer or certified manufacturer's representative, at the owner's expense, to certify that it is in good working condition and not a hazard to the public. A copy of said annual inspection must be filed with the department of building standards and utilities.

b.

Interference. If it is determined that the wind energy system causes severe interference with microwave transmissions, residential television interference or radio reception, the wind energy system owner must take commercially reasonable steps to correct said interference. Evidence that the authorized factory representative has determined that no such interference will occur or that interference has been corrected must be presented at the public hearing before the planning and zoning commission. A small wind energy conversion system must submit to planning and zoning information from the manufacturer that certifies that the system will not interfere with microwave transmissions, residential television or radio reception.

c.

Fire risk. All wind energy systems must adhere to all applicable electrical codes and standards and must remove fuel sources, such as vegetation, from the immediate vicinity of electrical gear and connections. Every wind energy system must utilize twistable cables on turbines.

(12)

Noise levels. Noise levels shall be regulated by the Illinois Pollution Control Board, and any applicable laws, rules and regulations, and the owner shall certify that the owner's wind energy system is in compliance with the same. The applicant shall provide certification from the manufacturer that the noise level will not exceed 60 decibels as measured at the nearest property line.

(13)

Decommissioning plan. An application for a special use permit for a wind energy system must contain a decommissioning plan to ensure it is properly decommissioned at the end of the project life or facility abandonment. For purposes of this section, the term "facility abandonment" shall mean a consecutive period of time or not less than one year. Decommissioning shall include, but not be limited to, removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, restoration of the soil, and restoration of vegetation within six months of the end of project life or facility abandonment. The decommissioning plan shall state how the facility will be decommissioned, the professional engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited. The decommissioning plan shall be updated every six years regardless of the type of unit, at a minimum. The decommissioning plan shall also include an agreement between the applicant and the village which provides:

a.

The financial resources for decommissioning, which shall be in the form of a surety bond, or shall be deposited in an escrow account with an escrow agent acceptable to the village board, shall be renewed annually.

b.

If the applicant chooses an escrow agreement:

1.

A written escrow agreement shall be prepared subject to the village's review and approval, establishing the amount of disbursement; and

2.

The village shall have access to the escrow account funds for the purpose of completing decommissioning if not completed by the applicant within six months of the end of project life or facility abandonment.

c.

The village is granted the right of entry onto the wind energy system site, pursuant to reasonable notice, to effect or complete decommissioning.

d.

The village is granted the right to seek injunctive relief to effect or complete decommissioning. The owner or the owner's successor shall be liable for all decommissioning costs in excess of any amount deposited in escrow, and the village shall have the right to file a lien against any real estate of the owner or the owner's successor has an interest for the amount of the excess, and to take all steps allowed by law to enforce said lien.

(Ord. No. O-11-03-4, § 10.03, 11-24-2003; Ord. No. O-8-07-1, § 4, 8-13-2007; Ord. No. O-3-10-2, §§ 3, 4, 4-12-2010; Ord. No. O-4-12-1, § 4, 4-23-2012; Ord. No. O-7-15-3, § 3, 7-27-2015; Ord. No. O-12-21-4, § 3, 12-13-2021; Ord. No. O-5-22-3, § 5, 5-9-2022; Ord. No. O-6-23-2, § 6, 6-12-2023)