48 - OFFICE AND INDUSTRIAL DISTRICTS
Sections:
A.
Intent. The office and research district is intended to provide an environment suitable for uses limited to office, research and development activities, and related operations that will not have an adverse effect upon the environmental quality of the community.
B.
Permitted Uses. No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following uses:
1.
Laboratories, offices and other facilities for research and development, including basic, applied development and technical services conducted by or for any individual organization or concern, whether public or private;
2.
Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability;
3.
Engineering and testing laboratories and offices;
4.
Offices, business or professional;
5.
Clinics, medical and dental;
6.
Banks and financial institutions, not including drive-through service;
7.
Civic buildings;
8.
Accessory retail and services.
Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment when located within a building or on the exterior of a building, provided that any structure or equipment mounted on a building shall be not more than fifteen feet higher than the roof of the building or extend more than fifteen feet from the sides of a building. The building-mounted facilities are subject to the provisions of the Village Appearance Plan.
C.
Special Uses. The following special uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 17.28 of this Title, as appropriate:
1.
Child care center;
2.
Limited industrial and warehousing uses which are directly incidental and accessory to one or more of the principal permitted uses, provided that operations conform with performance standards as set forth in Section 17.48.020.G;
3.
Office and research planned unit development;
4.
Public and private utility facilities;
5.
Wind energy conversion system;
6.
Drive-through service facilities for banks and financial institutions.
D.
Required Conditions. The following conditions shall be required:
1.
Accessory retail and services shall be customarily incidental to the principal uses and shall be for the convenience of the tenants and employees of the building or structure in which it is located.
2.
No outside storage is allowed.
3.
All activities as permitted or required shall be conducted within an enclosed building.
E.
Lot Area. Each principal building and its accessory buildings and uses shall be situated on at least forty thousand square feet of land when located along the perimeter of the O&R district. Such lots shall have a minimum frontage of one hundred feet. Lots located within the interior of the district and having access only from interior streets shall have a minimum lot size of twenty thousand square feet.
F.
Bulk Regulations.
1.
Front yards. There shall be provided a front yard of not less than twenty-five feet in depth. That twenty-five feet shall be landscaped (sodded, planted and shrubbed). These yards shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
2.
Side yards. There shall be provided a side yard of not less than fifteen feet in depth, except that such side yard shall be increased in depth by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
3.
Rear yards. There shall be required a rear yard of not less than fifteen feet in depth, except that such rear yard shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
4.
On any yard which faces directly onto any right-of-way, there shall be maintained a building setback of not less than twenty-five feet. The setback shall be landscaped.
5.
Yard requirements, general. Parking facilities shall be permitted in any front yard, provided they shall be set back at least twenty-five feet from the property line. Parking facilities shall be permitted in any required side yard. If the parking facility abuts or adjoins a lot in a residential district, the parking facility on the yard so abutting or adjoining shall not be nearer than thirty feet from the lot line of the residential district.
6.
Transitional yards.
a.
Where a lot abuts a residential district, except across a public road right-of-way, the required building setback shall be sixty feet.
b.
Along any district boundary line which abuts or adjoins a residential district, there shall be provided immediately adjacent to the residential district boundary line a solid wall, fence or hedge constructed and maintained to form a screen not less than six feet in height. Such screen shall be required prior to issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued if the Village Forester determines the installation of the screen may be delayed due to seasonal conditions. If a solid wall or fence is utilized, it shall be placed immediately adjacent to the property line unless otherwise approved by the Village due to one or more of the following circumstances:
(i)
The nature of the use would be detrimental to the required landscaping thereby requiring the landscaped area to be located outside the wall or fence,
(ii)
The impact of the close proximity of adjacent uses would be reduced if some or all of the landscaped area was located outside the wall or fence,
(iii)
The general appearance of the area would be enhanced by locating the wall or fence other than immediately adjacent to the property line.
7.
The maximum height for all buildings and structures shall be four stories or fifty feet, whichever is less.
8.
The floor area ratio shall not exceed .60 on any lot.
(Ord. 2004-100 §§ 23 and 24, 2004; Ord. 2004-80 §§ 6 and 7, 2004)
A.
Intent. The industrial district is intended to accommodate industrial and limited commercial activities which are most appropriate when located apart from or well buffered from residential development and which meet the requirements of the performance standards contained in Section 17.48.020G. Adult entertainment establishments shall be located only in those areas of the Industrial District specified herein to mitigate against adverse effects and thereby protect the health, safety and welfare of the public; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight.
B.
Permitted Uses. No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following uses:
1.
Building material sales;
2.
Contractors' shops;
3.
Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding;
4.
Machinery sales;
5.
Public utility facilities;
6.
Any manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products, and related office uses;
7.
Offices, business and professional;
8.
Clinics, medical and dental, and immediate care facilities;
9.
Accessory uses to the above permitted uses;
10.
Adult Entertainment Establishment. The location of such establishments is restricted to the area bounded by Busch Parkway on the south; Corporate Grove Dr. from Busch Parkway to Asbury Dr. and Asbury Dr. extended north to Aptakisic Creek on the west; and Aptakisic Creek on the north and east;
11.
Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment when located within a building or on the exterior of a building, provided that any structure or equipment mounted on a building shall be not more than fifteen feet higher than the roof of the building or extend more than fifteen feet from the sides of a building. Said building mounted facilities are subject to the provisions of the Village Appearance Plan.
C.
Special Uses. The following special uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 17.28 of this Title, as appropriate:
1.
Airports and heliports;
2.
Air, motor and railroad freight terminals;
3.
Child care center;
4.
Eating and drinking establishments;
5.
Industrial planned unit development;
6.
Recreation and social facilities;
7.
Sanitary landfill;
8.
Stadiums, auditoriums and arenas;
9.
Outside storage providing it is located at least one hundred fifty feet from a residential district boundary and enclosed by a solid wall or fence, including solid doors or gates thereto, at least six feet high, but in no case lower in height than the enclosed storage;
10.
Cemeteries, crematories, or mausoleums provided the tract of land has a minimum area of one hundred sixty acres;
11.
Police station, fire station, or public works facility;
12.
Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment, on a tower or pole. A height of eighty feet is allowed provided that:
a.
Said tower or pole shall be set back from non-residential property lines a distance not less than a height of the tower or pole,
b.
Said tower or pole shall be set back from a residential structure and any abutting residential boundary line a distance not less than twice the height of the tower of pole.
13.
Railroad rights-of-way;
14.
Retail uses, accessory to the primary use located on the premises, subject to the following conditions:
a.
Such retail use only sells products which are manufactured on the premises, or are considered incidental to the primary use,
b.
Such retail use does not occupy more than five percent or one thousand square feet, whichever is less, of the floor area of the primary building or structure located on the lot or parcel involved,
c.
The retail use does not require outside signs or storage, other than an identification sign not exceeding ten square feet, and otherwise in accordance with the sign ordinance of the Village,
d.
An additional parking area is provided; the area to have such additional required space as if the retail use was in addition to the floor area of the primary use and as required by Chapter 17.36 for a comparable use,
e.
Such special access requirements as are deemed necessary by the Village so as not to interfere with established public street traffic to and from the primary use;
15.
Retail uses, including the sale of items not manufactured on the premises, occupying a minimum building floor area of fifty thousand square feet accessible to the public, subject to the following conditions:
a.
Such premises shall be located adjoining at least one of the following major streets: IL Route 83 (McHenry Road), IL Route 22 (Half Day Road), Lake-Cook Road or Milwaukee Avenue,
b.
A narrative describing the business use, including a description of the products to be offered for sale, the hours and days of operation, the number of employees, and provisions for delivery and storage of products and materials shall be provided to the Corporate Authorities. Outdoor display of products or outdoor storage of products and materials shall not be permitted unless authorized by the Corporate Authorities,
c.
Signs shall be appropriate for the size and location of the premises, shall be limited to not more than three hundred square feet per wall sign, shall be limited to information identifying the name and nature of the business, and shall be subject to Village approval, including any conditions and limitations determined to be appropriate by the Corporate Authorities,
d.
Provisions shall be made for management of vehicular and pedestrian traffic generated by the business, and a traffic impact analysis and management plan shall be prepared if required by the Corporate Authorities. Off-street parking shall be provided in compliance with Chapter 17.36;
16.
Wind Energy Conversion System;
17.
Park and ride facilities for commuter bus and commuter rail services, and including accessory retail and service uses, provided that such accessory uses serve the convenience needs of commuters and do not require customer parking;
18.
A building connecter between two structures on two separate zoning lots; the connector shall not have to meet yard setback requirements, provided that the connector shall not unduly interfere with traffic or pedestrian movements or required access to any easements. A connector shall be constructed so as to provide a visual separation between buildings;
19.
Veterinary services (for animals allowed in the Village by Title 6 of the Buffalo Grove Municipal Code), including animal imaging, radiation therapy and similar services, but not including kennels. Overnight boarding of animals is permitted as an accessory use to veterinary services when the boarding is a medical necessity. The overnight boarding shall be indoors only;
20.
A dwelling unit for a full-time resident manager and his/her immediate family as an accessory use in a self-storage facility, provided that the manager is an employee of the owner of the facility;
21.
Landscape waste transfer station.
22.
Pet Resort. An indoor establishment pursuant to Section 17.12.449. Animals other than those specifically listed in the definition of pet resort are subject to approval by the Village.
23.
Medical cannabis cultivation center. A facility as defined in Section 17.12.397.
24.
Medical cannabis dispensing organization or dispensing organization or dispensary organization. A facility as defined in Section 17.12.399.
25.
Preschool/Elementary School.
26.
Health Clubs.
27.
Nonacademic schools, classes, and instruction.
28.
Sale and/or leasing of new and/or used automobiles within an enclosed structure.
29.
Adult-use cannabis dispensary pursuant to Section 17.28.080.
D.
Required Conditions. The following conditions shall be required:
1.
Accessory uses shall be customarily incidental to the principal uses and shall be for the convenience of the tenants and employees of the building or structure in which it is located. These uses shall be conducted wholly within a building or structure;
2.
Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties;
3.
All business, production servicing and processing shall take place within completely enclosed buildings unless otherwise specified by the Corporate Authorities;
4.
Outside storage is prohibited except as allowed as a special use under Section 17.48.020(C)(9);
5.
All refuse collection or pick-up areas shall be completely screened on all sides.
E.
Lot Area. Each principal building and its accessory buildings and uses shall be situated on at least forty thousand square feet of land when located along the perimeter of the I district. The lots shall have a minimum frontage of one hundred feet. Lots located within the interior of the district and having access only from interior streets shall have a minimum lot size of twenty thousand square feet.
F.
Bulk Requirements.
1.
Front Yards. There shall be provided a front yard of not less than twenty-five feet in depth. That twenty-five feet shall be landscaped (sodded, planted and shrubbed). These yards shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
2.
Side Yards. There shall be provided a side yard of not less than fifteen feet in depth except that such side yard shall be increased in depth by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
3.
Rear Yards. There shall be required a rear yard of not less than fifteen feet in depth except that such rear yard shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
4.
On any yard which faces directly onto any street, there shall be maintained a building setback of not less than twenty-five feet. Said setback shall be landscaped.
5.
Yard Requirements, General.
a.
Where the I district fronts on a highway or major street, as depicted on the Village of Buffalo Grove Official Map, the required setback shall be fifty feet. No parking shall be allowed within said required setback and said setback shall be landscaped.
b.
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 on the rear lot line. In such case, no structure or building shall be erected closer than thirty feet to another existing building or structure on an adjacent lot.
c.
Parking facilities shall be permitted in any required side yard. If the parking facility abuts or adjoins a lot in a residential district, the parking facility on the yard so abutting or adjoining shall not be nearer than thirty feet from the lot line of the residential uses.
6.
Transitional Yards.
a.
Where a lot abuts a residential district, except across a public road right-of-way, the required building setback shall be sixty feet.
b.
Along any district boundary line which abuts or adjoins a residential district there shall be provided, immediately adjacent to the residential district boundary line, a solid wall, fence, or hedge constructed and maintained to form a screen not less than six feet in height. Such screen shall be required prior to issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued if the Village Forester determines the installation of said screen may be delayed due to seasonal conditions. If a solid wall or fence is utilized, it shall be placed immediately adjacent to the property line unless otherwise approved by the Village due to one or more of the following circumstances:
(i)
The nature of the use would be detrimental to the required landscaping, thereby requiring the landscaped area to be located outside the wall or fence.
(ii)
The impact of the close proximity of adjacent uses would be reduced if some or all of the landscaped area was located outside the wall or fence.
(iii)
The general appearance of the area would be enhanced by locating the wall or fence other than immediately adjacent to the property line.
7.
The maximum height of all buildings and structures shall be four stories or fifty feet, whichever is less.
8.
The combined floor area ratio for any principal building, together with all accessory buildings, shall not exceed .80 on any lot.
G.
Performance Standards. It is the intent of this section to provide that industrial activities shall be established and maintained in order that each permitted use shall be a good neighbor to adjoining properties by the control of emission of noise, odor, glare, vibration, smoke, dust, liquid wastes and other nuisances.
The architectural and engineering plans shall bear the signature and seal of the appropriate qualified professional and the certification that all performance standards will be complied with based upon the submitted plans and documents. The Village reserves the right to conduct its own investigation to determine compliance with the performance standards.
1.
Compliance. The performance standards set forth in this section shall be complied with and any use which fails to comply with these standards shall be in violation of the Title and be subject to penalties provided for such violation. It shall be deemed a violation of this Title for any qualified professional to falsely certify as to the compliance of submitted plans and documents with the performance standards specified herein.
2.
Landscaping. Those portions of property not devoted to buildings, pavement or other permanent improvements shall be landscaped and well maintained. Landscaping shall mean, at a minimum, the use of trees and a ground cover defined as grass, shrubs or other material allowing water to seep through the ground. Berming can also be used effectively. Berm profile shall not exceed a slope of one foot of elevation in four horizontal feet unless other approved methods of slope stabilization are utilized.
a.
Landscaping may include:
(i)
Tree planting in conformance with the Development Ordinance of the Village.
(ii)
Combination of berming and tree planting.
(iii)
Combination of berming and shrub planting.
(iv)
Berming with low ground cover.
b.
No plants shall be placed in such a way as to obstruct pedestrian or vehicular sight of a public right-of-way, and no plant shall be placed so as to interfere or cause damage to roadways, utilities or other public works. Species of trees known to cause damage to roadways, underground utilities or other public works shall not be used in an area where such damage could occur.
c.
Parking areas, building exteriors and all other parts of the tract visible from the public way shall be maintained in a sightly, well-kept condition.
d.
All landscape plans must show the proposed land slope with a one-foot contour interval, all proposed plantings, drainage facilities, pavements and other proposed facilities.
e.
An appearance plan for all proposed developments must be submitted for the Village's approval.
3.
Noise. At no point on the property line on which the operation is located shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation vehicles) exceed the levels shown in the following table:
Table of Maximum Permitted Sound Level (Decibels)
Noise testing is to be accomplished at the property line of the noise emitting source with an octave band analyzer operated by an independent testing authority trained and skilled in the operation of this equipment.
4.
Odors. The emission of odorous matter in such quantities as to be readily detectable at any point along a property line, or which is unwholesome, offensive, harmful or injurious to the public health, comfort or welfare, is prohibited. The measurement of the threshold odor shall be in accordance with the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)," Philadelphia: American Society of Testing and Materials, 1957 (which is adopted by reference). Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.
5.
Glare or Heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard. Exposed sources of light shall be controlled so that direct or indirect illumination from any source within the property line shall not cause illumination in excess of one half of one foot candle when measured at any zoning lot line. The measurement of glare or light shall be made at the property line using a light meter operated by a trained operator through an independent testing agency. Any lights used for exterior illumination shall be planned, erected and maintained to direct light away from adjoining properties or public rights-of-way.
6.
Vibration. Any operation or activity shall not cause earthborn vibrations in excess of the following values. Column I shall apply at or beyond the property line, Column II shall apply at or beyond a residence district boundary line. Vibration shall be expressed as displacement in inches and shall be measured with a three-component measuring system:
Impact vibrations (discrete pulses that do not exceed one hundred impulses per minute) shall not cause in excess of twice the displacement values above.
Any use or portion thereof creating intense earth-shaking vibrations such as are caused by heavy drop forges or heavy hydraulic surges, shall be set back at least five hundred feet from all property lines.
7.
Smoke and Particulate Matter. In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to endanger or be detrimental to the public health safety, comfort or welfare is declared to be a public nuisance.
For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines (adopted by reference) shall be employed. The evaluation of smoke by the Ringelmann Chart must be accomplished by a State of Illinois Certified Smoke Reader. Particulate matter size shall be determined by measurement through a 325 mesh sieve which will, in fact, accumulate all +44 micron particles and prove helpful in the measurement process. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart is prohibited.
The emission from all sources within any property, of particulate matter containing more than ten percent by weight of particles having a particulate diameter larger than forty-four microns is prohibited. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within property boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified is prohibited.
The emission of more than ten smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, during one one-hour period in each day, stack may emit up to twenty 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 four minutes.
The rate of emission of particulate matter from all sources within the boundaries of any property shall not exceed a net figure of one pound per acre during any one hour, after deducting from the gross hourly emission per acre the corrective factors set forth in the following tables for height, velocity and temperature of emission, respectively. Determination of the total net rate of emission of particulate matter within the boundaries of any property shall be made as follows:
a.
Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of property area, thereby obtaining the gross hourly rate of emission in pounds per acre.
b.
From each gross hourly rate of emission derived in (a) above, deduct the appropriate correction factor (interpolating as required) for height, velocity and temperature of emission set forth in the following corresponding tables, thereby obtaining the net rate of emission from all sources of emission within the boundaries of the property. Such total shall not exceed one pound per acre of property area during any one hour.
Allowance for Height of Emission*
Allowance for Temperatures of Emission*
* Interpolate for intermediate value not shown in table.
8.
Gases, Toxic or Noxious Matter. No toxic materials shall be detectable at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. Within the lot line, toxic materials which are released shall not exceed the maximum permissible airborne concentration allowed as safe for an industrial worker contained in the most recent list of "Threshold Limit Values" published by the American Conference of Governmental Industrial Hygienists (adopted by reference). The applicant shall satisfy the Zoning Administrator that proposed levels will be safe to the general population.
9.
Radiation Hazards. The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population under applicable federal, state and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation.
No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable concentration permitted the general population under applicable federal, state and local laws and regulations.
10.
Fire and Explosion Hazard. The storage, utilization or manufacture of materials or products ranging from incombustible to moderate-burning, as determined by the Village, in accordance with generally accepted standards, is permitted, subject to compliance with all other performance standards and provided the following conditions are met:
a.
Said materials or products shall be stored, utilized or produced within completely enclosed structures having fire-resistive construction.
b.
All such structures shall be set back at least forty feet from all property lines.
Manufacturing or processing of materials or products which produce flammable or explosive vapors or gases at ordinary weather temperatures shall not be permitted, except when such materials are used in secondary processes or are required in emergency or standby equipment. Their storage for use as power or heating fuels shall be permitted if in conformity with standards prescribed by the National Fire Protection Association and with applicable requirements embodied in the regulations promulgated by the State of Illinois Department of Public Safety.
11.
Register of Pollutants. It shall be unlawful for any person to install, erect, construct, reconstruct, alter, or add to, or cause to be installed, erected, constructed, reconstructed, altered or added to, any fuel burning, combustion or process equipment or device or any equipment pertaining thereto, or any stack or chimney connected therewith, within the Village excepting domestic heating plants, domestic refuse-burning equipment, locomotives and internal combustion engines, in the Village until there has been filed in duplicate by the owner, contractor, installer or other person, or his/her agent, with the Village an application for a permit accompanied by a complete listing of emissions into the atmosphere that results from the operation of the aforesaid equipment or processes, both as to kind and quantity and, in addition thereto, a listing of the type and capacity of the equipment used for the collection, absorption or suppression of each and an estimate of its efficiency, and until a permit therefor has been granted. Said submitted register of pollutants shall be accompanied by an affidavit of a qualified person stating that it is complete and correct and that the proper operation of the plant or process, as designed, will not result in any violation of this Title.
12.
Waste. All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the Village, the State of Illinois, and the United States Environmental Protection Agency. Approval by the Illinois Environmental Protection Agency of all plans for waste disposal facilities shall be required before issuance of any building permit.
(Ord. 2008-30 § 2, 2008; Ord. 2004-100 §§ 25 and 26, 2004; Ord. 2004-58 §§ 3, 4, 2004)
(Ord. No. 2012-34, § 1, 8-6-2012; Ord. No. 2014-5, § 2, 1-6-2014; Ord. No. 2014-51, § 1, 7-7-2014; Ord. No. 2016-008, § 4, 2-22-2016; Ord. No. 2016-014, § 1, 3-21-2016; Ord. No. 2019-054, § 4, 10-21-2019; Ord. No. 2020-009, § 1, 2-18-2020; Ord. No. 2023-020, § 1, 2-21-2023)
48 - OFFICE AND INDUSTRIAL DISTRICTS
Sections:
A.
Intent. The office and research district is intended to provide an environment suitable for uses limited to office, research and development activities, and related operations that will not have an adverse effect upon the environmental quality of the community.
B.
Permitted Uses. No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following uses:
1.
Laboratories, offices and other facilities for research and development, including basic, applied development and technical services conducted by or for any individual organization or concern, whether public or private;
2.
Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability;
3.
Engineering and testing laboratories and offices;
4.
Offices, business or professional;
5.
Clinics, medical and dental;
6.
Banks and financial institutions, not including drive-through service;
7.
Civic buildings;
8.
Accessory retail and services.
Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment when located within a building or on the exterior of a building, provided that any structure or equipment mounted on a building shall be not more than fifteen feet higher than the roof of the building or extend more than fifteen feet from the sides of a building. The building-mounted facilities are subject to the provisions of the Village Appearance Plan.
C.
Special Uses. The following special uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 17.28 of this Title, as appropriate:
1.
Child care center;
2.
Limited industrial and warehousing uses which are directly incidental and accessory to one or more of the principal permitted uses, provided that operations conform with performance standards as set forth in Section 17.48.020.G;
3.
Office and research planned unit development;
4.
Public and private utility facilities;
5.
Wind energy conversion system;
6.
Drive-through service facilities for banks and financial institutions.
D.
Required Conditions. The following conditions shall be required:
1.
Accessory retail and services shall be customarily incidental to the principal uses and shall be for the convenience of the tenants and employees of the building or structure in which it is located.
2.
No outside storage is allowed.
3.
All activities as permitted or required shall be conducted within an enclosed building.
E.
Lot Area. Each principal building and its accessory buildings and uses shall be situated on at least forty thousand square feet of land when located along the perimeter of the O&R district. Such lots shall have a minimum frontage of one hundred feet. Lots located within the interior of the district and having access only from interior streets shall have a minimum lot size of twenty thousand square feet.
F.
Bulk Regulations.
1.
Front yards. There shall be provided a front yard of not less than twenty-five feet in depth. That twenty-five feet shall be landscaped (sodded, planted and shrubbed). These yards shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
2.
Side yards. There shall be provided a side yard of not less than fifteen feet in depth, except that such side yard shall be increased in depth by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
3.
Rear yards. There shall be required a rear yard of not less than fifteen feet in depth, except that such rear yard shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
4.
On any yard which faces directly onto any right-of-way, there shall be maintained a building setback of not less than twenty-five feet. The setback shall be landscaped.
5.
Yard requirements, general. Parking facilities shall be permitted in any front yard, provided they shall be set back at least twenty-five feet from the property line. Parking facilities shall be permitted in any required side yard. If the parking facility abuts or adjoins a lot in a residential district, the parking facility on the yard so abutting or adjoining shall not be nearer than thirty feet from the lot line of the residential district.
6.
Transitional yards.
a.
Where a lot abuts a residential district, except across a public road right-of-way, the required building setback shall be sixty feet.
b.
Along any district boundary line which abuts or adjoins a residential district, there shall be provided immediately adjacent to the residential district boundary line a solid wall, fence or hedge constructed and maintained to form a screen not less than six feet in height. Such screen shall be required prior to issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued if the Village Forester determines the installation of the screen may be delayed due to seasonal conditions. If a solid wall or fence is utilized, it shall be placed immediately adjacent to the property line unless otherwise approved by the Village due to one or more of the following circumstances:
(i)
The nature of the use would be detrimental to the required landscaping thereby requiring the landscaped area to be located outside the wall or fence,
(ii)
The impact of the close proximity of adjacent uses would be reduced if some or all of the landscaped area was located outside the wall or fence,
(iii)
The general appearance of the area would be enhanced by locating the wall or fence other than immediately adjacent to the property line.
7.
The maximum height for all buildings and structures shall be four stories or fifty feet, whichever is less.
8.
The floor area ratio shall not exceed .60 on any lot.
(Ord. 2004-100 §§ 23 and 24, 2004; Ord. 2004-80 §§ 6 and 7, 2004)
A.
Intent. The industrial district is intended to accommodate industrial and limited commercial activities which are most appropriate when located apart from or well buffered from residential development and which meet the requirements of the performance standards contained in Section 17.48.020G. Adult entertainment establishments shall be located only in those areas of the Industrial District specified herein to mitigate against adverse effects and thereby protect the health, safety and welfare of the public; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight.
B.
Permitted Uses. No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following uses:
1.
Building material sales;
2.
Contractors' shops;
3.
Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding;
4.
Machinery sales;
5.
Public utility facilities;
6.
Any manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products, and related office uses;
7.
Offices, business and professional;
8.
Clinics, medical and dental, and immediate care facilities;
9.
Accessory uses to the above permitted uses;
10.
Adult Entertainment Establishment. The location of such establishments is restricted to the area bounded by Busch Parkway on the south; Corporate Grove Dr. from Busch Parkway to Asbury Dr. and Asbury Dr. extended north to Aptakisic Creek on the west; and Aptakisic Creek on the north and east;
11.
Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment when located within a building or on the exterior of a building, provided that any structure or equipment mounted on a building shall be not more than fifteen feet higher than the roof of the building or extend more than fifteen feet from the sides of a building. Said building mounted facilities are subject to the provisions of the Village Appearance Plan.
C.
Special Uses. The following special uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 17.28 of this Title, as appropriate:
1.
Airports and heliports;
2.
Air, motor and railroad freight terminals;
3.
Child care center;
4.
Eating and drinking establishments;
5.
Industrial planned unit development;
6.
Recreation and social facilities;
7.
Sanitary landfill;
8.
Stadiums, auditoriums and arenas;
9.
Outside storage providing it is located at least one hundred fifty feet from a residential district boundary and enclosed by a solid wall or fence, including solid doors or gates thereto, at least six feet high, but in no case lower in height than the enclosed storage;
10.
Cemeteries, crematories, or mausoleums provided the tract of land has a minimum area of one hundred sixty acres;
11.
Police station, fire station, or public works facility;
12.
Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment, on a tower or pole. A height of eighty feet is allowed provided that:
a.
Said tower or pole shall be set back from non-residential property lines a distance not less than a height of the tower or pole,
b.
Said tower or pole shall be set back from a residential structure and any abutting residential boundary line a distance not less than twice the height of the tower of pole.
13.
Railroad rights-of-way;
14.
Retail uses, accessory to the primary use located on the premises, subject to the following conditions:
a.
Such retail use only sells products which are manufactured on the premises, or are considered incidental to the primary use,
b.
Such retail use does not occupy more than five percent or one thousand square feet, whichever is less, of the floor area of the primary building or structure located on the lot or parcel involved,
c.
The retail use does not require outside signs or storage, other than an identification sign not exceeding ten square feet, and otherwise in accordance with the sign ordinance of the Village,
d.
An additional parking area is provided; the area to have such additional required space as if the retail use was in addition to the floor area of the primary use and as required by Chapter 17.36 for a comparable use,
e.
Such special access requirements as are deemed necessary by the Village so as not to interfere with established public street traffic to and from the primary use;
15.
Retail uses, including the sale of items not manufactured on the premises, occupying a minimum building floor area of fifty thousand square feet accessible to the public, subject to the following conditions:
a.
Such premises shall be located adjoining at least one of the following major streets: IL Route 83 (McHenry Road), IL Route 22 (Half Day Road), Lake-Cook Road or Milwaukee Avenue,
b.
A narrative describing the business use, including a description of the products to be offered for sale, the hours and days of operation, the number of employees, and provisions for delivery and storage of products and materials shall be provided to the Corporate Authorities. Outdoor display of products or outdoor storage of products and materials shall not be permitted unless authorized by the Corporate Authorities,
c.
Signs shall be appropriate for the size and location of the premises, shall be limited to not more than three hundred square feet per wall sign, shall be limited to information identifying the name and nature of the business, and shall be subject to Village approval, including any conditions and limitations determined to be appropriate by the Corporate Authorities,
d.
Provisions shall be made for management of vehicular and pedestrian traffic generated by the business, and a traffic impact analysis and management plan shall be prepared if required by the Corporate Authorities. Off-street parking shall be provided in compliance with Chapter 17.36;
16.
Wind Energy Conversion System;
17.
Park and ride facilities for commuter bus and commuter rail services, and including accessory retail and service uses, provided that such accessory uses serve the convenience needs of commuters and do not require customer parking;
18.
A building connecter between two structures on two separate zoning lots; the connector shall not have to meet yard setback requirements, provided that the connector shall not unduly interfere with traffic or pedestrian movements or required access to any easements. A connector shall be constructed so as to provide a visual separation between buildings;
19.
Veterinary services (for animals allowed in the Village by Title 6 of the Buffalo Grove Municipal Code), including animal imaging, radiation therapy and similar services, but not including kennels. Overnight boarding of animals is permitted as an accessory use to veterinary services when the boarding is a medical necessity. The overnight boarding shall be indoors only;
20.
A dwelling unit for a full-time resident manager and his/her immediate family as an accessory use in a self-storage facility, provided that the manager is an employee of the owner of the facility;
21.
Landscape waste transfer station.
22.
Pet Resort. An indoor establishment pursuant to Section 17.12.449. Animals other than those specifically listed in the definition of pet resort are subject to approval by the Village.
23.
Medical cannabis cultivation center. A facility as defined in Section 17.12.397.
24.
Medical cannabis dispensing organization or dispensing organization or dispensary organization. A facility as defined in Section 17.12.399.
25.
Preschool/Elementary School.
26.
Health Clubs.
27.
Nonacademic schools, classes, and instruction.
28.
Sale and/or leasing of new and/or used automobiles within an enclosed structure.
29.
Adult-use cannabis dispensary pursuant to Section 17.28.080.
D.
Required Conditions. The following conditions shall be required:
1.
Accessory uses shall be customarily incidental to the principal uses and shall be for the convenience of the tenants and employees of the building or structure in which it is located. These uses shall be conducted wholly within a building or structure;
2.
Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties;
3.
All business, production servicing and processing shall take place within completely enclosed buildings unless otherwise specified by the Corporate Authorities;
4.
Outside storage is prohibited except as allowed as a special use under Section 17.48.020(C)(9);
5.
All refuse collection or pick-up areas shall be completely screened on all sides.
E.
Lot Area. Each principal building and its accessory buildings and uses shall be situated on at least forty thousand square feet of land when located along the perimeter of the I district. The lots shall have a minimum frontage of one hundred feet. Lots located within the interior of the district and having access only from interior streets shall have a minimum lot size of twenty thousand square feet.
F.
Bulk Requirements.
1.
Front Yards. There shall be provided a front yard of not less than twenty-five feet in depth. That twenty-five feet shall be landscaped (sodded, planted and shrubbed). These yards shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
2.
Side Yards. There shall be provided a side yard of not less than fifteen feet in depth except that such side yard shall be increased in depth by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
3.
Rear Yards. There shall be required a rear yard of not less than fifteen feet in depth except that such rear yard shall be increased by one foot for each one foot in height by which any building on the lot exceeds thirty feet.
4.
On any yard which faces directly onto any street, there shall be maintained a building setback of not less than twenty-five feet. Said setback shall be landscaped.
5.
Yard Requirements, General.
a.
Where the I district fronts on a highway or major street, as depicted on the Village of Buffalo Grove Official Map, the required setback shall be fifty feet. No parking shall be allowed within said required setback and said setback shall be landscaped.
b.
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 on the rear lot line. In such case, no structure or building shall be erected closer than thirty feet to another existing building or structure on an adjacent lot.
c.
Parking facilities shall be permitted in any required side yard. If the parking facility abuts or adjoins a lot in a residential district, the parking facility on the yard so abutting or adjoining shall not be nearer than thirty feet from the lot line of the residential uses.
6.
Transitional Yards.
a.
Where a lot abuts a residential district, except across a public road right-of-way, the required building setback shall be sixty feet.
b.
Along any district boundary line which abuts or adjoins a residential district there shall be provided, immediately adjacent to the residential district boundary line, a solid wall, fence, or hedge constructed and maintained to form a screen not less than six feet in height. Such screen shall be required prior to issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued if the Village Forester determines the installation of said screen may be delayed due to seasonal conditions. If a solid wall or fence is utilized, it shall be placed immediately adjacent to the property line unless otherwise approved by the Village due to one or more of the following circumstances:
(i)
The nature of the use would be detrimental to the required landscaping, thereby requiring the landscaped area to be located outside the wall or fence.
(ii)
The impact of the close proximity of adjacent uses would be reduced if some or all of the landscaped area was located outside the wall or fence.
(iii)
The general appearance of the area would be enhanced by locating the wall or fence other than immediately adjacent to the property line.
7.
The maximum height of all buildings and structures shall be four stories or fifty feet, whichever is less.
8.
The combined floor area ratio for any principal building, together with all accessory buildings, shall not exceed .80 on any lot.
G.
Performance Standards. It is the intent of this section to provide that industrial activities shall be established and maintained in order that each permitted use shall be a good neighbor to adjoining properties by the control of emission of noise, odor, glare, vibration, smoke, dust, liquid wastes and other nuisances.
The architectural and engineering plans shall bear the signature and seal of the appropriate qualified professional and the certification that all performance standards will be complied with based upon the submitted plans and documents. The Village reserves the right to conduct its own investigation to determine compliance with the performance standards.
1.
Compliance. The performance standards set forth in this section shall be complied with and any use which fails to comply with these standards shall be in violation of the Title and be subject to penalties provided for such violation. It shall be deemed a violation of this Title for any qualified professional to falsely certify as to the compliance of submitted plans and documents with the performance standards specified herein.
2.
Landscaping. Those portions of property not devoted to buildings, pavement or other permanent improvements shall be landscaped and well maintained. Landscaping shall mean, at a minimum, the use of trees and a ground cover defined as grass, shrubs or other material allowing water to seep through the ground. Berming can also be used effectively. Berm profile shall not exceed a slope of one foot of elevation in four horizontal feet unless other approved methods of slope stabilization are utilized.
a.
Landscaping may include:
(i)
Tree planting in conformance with the Development Ordinance of the Village.
(ii)
Combination of berming and tree planting.
(iii)
Combination of berming and shrub planting.
(iv)
Berming with low ground cover.
b.
No plants shall be placed in such a way as to obstruct pedestrian or vehicular sight of a public right-of-way, and no plant shall be placed so as to interfere or cause damage to roadways, utilities or other public works. Species of trees known to cause damage to roadways, underground utilities or other public works shall not be used in an area where such damage could occur.
c.
Parking areas, building exteriors and all other parts of the tract visible from the public way shall be maintained in a sightly, well-kept condition.
d.
All landscape plans must show the proposed land slope with a one-foot contour interval, all proposed plantings, drainage facilities, pavements and other proposed facilities.
e.
An appearance plan for all proposed developments must be submitted for the Village's approval.
3.
Noise. At no point on the property line on which the operation is located shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation vehicles) exceed the levels shown in the following table:
Table of Maximum Permitted Sound Level (Decibels)
Noise testing is to be accomplished at the property line of the noise emitting source with an octave band analyzer operated by an independent testing authority trained and skilled in the operation of this equipment.
4.
Odors. The emission of odorous matter in such quantities as to be readily detectable at any point along a property line, or which is unwholesome, offensive, harmful or injurious to the public health, comfort or welfare, is prohibited. The measurement of the threshold odor shall be in accordance with the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)," Philadelphia: American Society of Testing and Materials, 1957 (which is adopted by reference). Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.
5.
Glare or Heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard. Exposed sources of light shall be controlled so that direct or indirect illumination from any source within the property line shall not cause illumination in excess of one half of one foot candle when measured at any zoning lot line. The measurement of glare or light shall be made at the property line using a light meter operated by a trained operator through an independent testing agency. Any lights used for exterior illumination shall be planned, erected and maintained to direct light away from adjoining properties or public rights-of-way.
6.
Vibration. Any operation or activity shall not cause earthborn vibrations in excess of the following values. Column I shall apply at or beyond the property line, Column II shall apply at or beyond a residence district boundary line. Vibration shall be expressed as displacement in inches and shall be measured with a three-component measuring system:
Impact vibrations (discrete pulses that do not exceed one hundred impulses per minute) shall not cause in excess of twice the displacement values above.
Any use or portion thereof creating intense earth-shaking vibrations such as are caused by heavy drop forges or heavy hydraulic surges, shall be set back at least five hundred feet from all property lines.
7.
Smoke and Particulate Matter. In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to endanger or be detrimental to the public health safety, comfort or welfare is declared to be a public nuisance.
For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines (adopted by reference) shall be employed. The evaluation of smoke by the Ringelmann Chart must be accomplished by a State of Illinois Certified Smoke Reader. Particulate matter size shall be determined by measurement through a 325 mesh sieve which will, in fact, accumulate all +44 micron particles and prove helpful in the measurement process. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart is prohibited.
The emission from all sources within any property, of particulate matter containing more than ten percent by weight of particles having a particulate diameter larger than forty-four microns is prohibited. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within property boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified is prohibited.
The emission of more than ten smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, during one one-hour period in each day, stack may emit up to twenty 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 four minutes.
The rate of emission of particulate matter from all sources within the boundaries of any property shall not exceed a net figure of one pound per acre during any one hour, after deducting from the gross hourly emission per acre the corrective factors set forth in the following tables for height, velocity and temperature of emission, respectively. Determination of the total net rate of emission of particulate matter within the boundaries of any property shall be made as follows:
a.
Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of property area, thereby obtaining the gross hourly rate of emission in pounds per acre.
b.
From each gross hourly rate of emission derived in (a) above, deduct the appropriate correction factor (interpolating as required) for height, velocity and temperature of emission set forth in the following corresponding tables, thereby obtaining the net rate of emission from all sources of emission within the boundaries of the property. Such total shall not exceed one pound per acre of property area during any one hour.
Allowance for Height of Emission*
Allowance for Temperatures of Emission*
* Interpolate for intermediate value not shown in table.
8.
Gases, Toxic or Noxious Matter. No toxic materials shall be detectable at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. Within the lot line, toxic materials which are released shall not exceed the maximum permissible airborne concentration allowed as safe for an industrial worker contained in the most recent list of "Threshold Limit Values" published by the American Conference of Governmental Industrial Hygienists (adopted by reference). The applicant shall satisfy the Zoning Administrator that proposed levels will be safe to the general population.
9.
Radiation Hazards. The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population under applicable federal, state and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation.
No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable concentration permitted the general population under applicable federal, state and local laws and regulations.
10.
Fire and Explosion Hazard. The storage, utilization or manufacture of materials or products ranging from incombustible to moderate-burning, as determined by the Village, in accordance with generally accepted standards, is permitted, subject to compliance with all other performance standards and provided the following conditions are met:
a.
Said materials or products shall be stored, utilized or produced within completely enclosed structures having fire-resistive construction.
b.
All such structures shall be set back at least forty feet from all property lines.
Manufacturing or processing of materials or products which produce flammable or explosive vapors or gases at ordinary weather temperatures shall not be permitted, except when such materials are used in secondary processes or are required in emergency or standby equipment. Their storage for use as power or heating fuels shall be permitted if in conformity with standards prescribed by the National Fire Protection Association and with applicable requirements embodied in the regulations promulgated by the State of Illinois Department of Public Safety.
11.
Register of Pollutants. It shall be unlawful for any person to install, erect, construct, reconstruct, alter, or add to, or cause to be installed, erected, constructed, reconstructed, altered or added to, any fuel burning, combustion or process equipment or device or any equipment pertaining thereto, or any stack or chimney connected therewith, within the Village excepting domestic heating plants, domestic refuse-burning equipment, locomotives and internal combustion engines, in the Village until there has been filed in duplicate by the owner, contractor, installer or other person, or his/her agent, with the Village an application for a permit accompanied by a complete listing of emissions into the atmosphere that results from the operation of the aforesaid equipment or processes, both as to kind and quantity and, in addition thereto, a listing of the type and capacity of the equipment used for the collection, absorption or suppression of each and an estimate of its efficiency, and until a permit therefor has been granted. Said submitted register of pollutants shall be accompanied by an affidavit of a qualified person stating that it is complete and correct and that the proper operation of the plant or process, as designed, will not result in any violation of this Title.
12.
Waste. All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the Village, the State of Illinois, and the United States Environmental Protection Agency. Approval by the Illinois Environmental Protection Agency of all plans for waste disposal facilities shall be required before issuance of any building permit.
(Ord. 2008-30 § 2, 2008; Ord. 2004-100 §§ 25 and 26, 2004; Ord. 2004-58 §§ 3, 4, 2004)
(Ord. No. 2012-34, § 1, 8-6-2012; Ord. No. 2014-5, § 2, 1-6-2014; Ord. No. 2014-51, § 1, 7-7-2014; Ord. No. 2016-008, § 4, 2-22-2016; Ord. No. 2016-014, § 1, 3-21-2016; Ord. No. 2019-054, § 4, 10-21-2019; Ord. No. 2020-009, § 1, 2-18-2020; Ord. No. 2023-020, § 1, 2-21-2023)