Permitted uses of land or buildings, as listed in this article, shall be permitted only under the conditions specified herein. No buildings or zoning lot shall be devoted to any use other than a use permitted in this article with the exception of the following:

(1)

Uses lawfully established on the effective date of ordinance from which this chapter is derived;

(2)

Special uses allowed in accordance with the provisions of section 56-225;

(3)

Uses lawfully established on the effective date of the ordinance from which this chapter is derived and rendered nonconforming by the provisions of this chapter and subject to the regulations of article XIV of this chapter;

(4)

Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation are permitted only when specifically allowed by the village board of trustees.

The permissible uses hereinafter designated in this article are subject to the special use provisions of article XI of this chapter.

(Code 1978, § 5-9-1; Code 1997, § 98-185; Ord. No. 08-06-12, § 7, 6-17-2008)

(a)

Uses subject to conditions. Uses permitted in the M-1 restricted manufacturing district are subject to the following conditions:

(1)

All business, servicing or processing, except for off-street parking and off-street loading as regulated by article XII of this chapter, or establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles, shall be conducted within completely enclosed buildings, unless otherwise hereinafter provided.

(2)

All storage within 100 feet of a residence district boundary, except of motor vehicles in operable condition, shall be completely within enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height.

(b)

Permitted uses. The following uses are permitted in the M-1 restricted manufacturing district:

(1)

Agricultural buildings and structures;

(2)

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation which conform with the performance standards set forth in section 56-229 which shall not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards or glare or heat;

(3)

Auto laundries;

(4)

Auto repair, body and paint shops;

(5)

Reserved.

(6)

Banks;

(7)

Building material sales;

(8)

Cartage and express facilities and rental of related equipment;

(9)

Contractors', architects' and engineers' offices, shops and yards, such as building, cement, electrical, heating, ventilating and air conditioning, masonry, painting, plumbing, refrigeration and roofing;

(10)

Currency exchanges;

(11)

Drugstores;

(12)

Dry cleaning establishments, with no limitation on number of employees;

(13)

Dwelling units for watchmen and their families located on the premises where they are employed in such capacity;

(14)

Fuel and ice sales;

(15)

Garages for storage, repair and servicing of motor vehicles;

(16)

Greenhouses, wholesale;

(17)

Highway maintenance shops and yards;

(18)

Laundries, with no limitation on number of employees;

(19)

Adult-use cannabis cultivation center;

(20)

Adult-use cannabis craft grower;

(21)

Adult-use cannabis processing organization;

(22)

Adult-use cannabis infuser organization;

(23)

Adult-use cannabis dispensing organization;

(24)

Adult-use cannabis transporting organization;

(25)

Lodges and offices of organizations;

(26)

Mail order houses;

(27)

Mail order warehouses;

(28)

Medical and dental clinics;

(29)

Packing and crating;

(30)

Parking lots, other than accessory and subject to the provisions of article XII of this chapter;

(31)

Printing;

(32)

Public utility and service uses, as follow:

a.

Bus stations, bus terminals, bus turnarounds (off-street), bus garages and bus lots;

b.

Electric substations;

c.

Fire stations;

d.

Gas regulator stations;

e.

Police stations;

f.

Railroad passenger stations;

g.

Railroad rights-of-way;

h.

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

i.

Utility service substations—Electric, gas, telephone and water;

j.

Waterworks, reservoirs, pumping stations and filtration plants;

(33)

Publishing;

(34)

Radar installations and towers;

(35)

Radio and television studios, stations and towers, transmitting and receiving;

(36)

Recreation buildings and community centers, noncommercial;

(37)

Restaurants, except that entertainment, dancing and serving of alcoholic beverages are prohibited;

(38)

Retail and wholesale sales and showrooms when connected with a manufacturing use;

(39)

Sewage disposal units, individual, as regulated by village ordinances;

(40)

Business signs;

(41)

Stadiums, auditoriums and arenas, open or enclosed;

(42)

Sexually oriented businesses;

(43)

Telephone booths and coin telephones (outdoor);

(44)

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

(45)

Temporary real estate tract offices for the purpose of conducting the sale of the tract upon which such tract office is located, for a period not to exceed two years;

(46)

Trade schools;

(47)

Water systems, individual, as regulated by the village;

(48)

Weighing stations operated by the state;

(49)

Wholesale establishments;

(50)

Accessory uses, incidental to and on the same zoning lot as a principal use.

(Code 1978, § 5-9-2; Code 1997, § 98-186; Ord. No. 15-10-19, § 4, 10-20-2015; Ord. No. 19-12-22, § 7, 12-3-2019)

Special uses, as listed in this section, may be allowed in the M-1 restricted manufacturing district, subject to the issuance of special use permits in accordance with the provisions of article XI of this chapter:

(1)

Airports and commercial heliports, including aircraft landing fields, runways, flight strips and flying schools, together with hangars, terminal buildings and other auxiliary facilities.

(2)

Air, railroad and water freight terminals, railroad switching and classification yards, repair shops and roundhouses.

(3)

Automobile testing grounds.

(4)

Heliports, private.

(5)

Institutions for the care or treatment of alcoholics or drug addict patients.

(6)

Institutions for the care or treatment of the insane or feebleminded.

(7)

Parks and playgrounds.

(8)

Penal and correctional institutions.

(9)

Planned developments.

(10)

Race tracks of all kinds.

(11)

Sewage treatment plants, community.

(12)

Signs in excess of 35 feet in height from curb level.

(13)

Theaters, automobile drive-in.

(14)

Accessory uses incidental to and on the same zoning lot as a principal use.

(15)

Advertising signs.

(16)

Self-storage facility.

(17)

Reserved.

(18)

Automobile service stations for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto; facilities for chassis and gear lubrication are permitted only if enclosed in a building.

(Code 1978, § 5-9-3; Code 1997, § 98-187; Ord. No. 14-06-08, § 2, 6-3-2014; Ord. No. 15-10-19, § 4, 10-20-2015; Ord. No. 20-08-18, § 4, 8-11-2020; Ord. No. 22-07-10, § 5, 7-12-2022)

(a)

Front yard. The following shall be the area regulations for the M-1 district for front yards:

(1)

Front yards shall be provided in accordance with the regulations indicated in this article. Front yards shall be unobstructed from ground level to sky, except as allowed in section 56-368. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal building.

(2)

In the M-1 restricted manufacturing district there shall be provided a front yard of not less than 20 feet in depth along the front lot line; however, agricultural buildings and structures shall provide a front yard of not less than 100 feet in depth along the front lot line.

(3)

Telephone booths and coin-telephones (outdoor) shall be permitted in the required front yard in the M-1 district; however, if such telephone is installed near an intersection of two streets or rights-of-way, the minimum setback from one of such intersecting right-of-way lines shall be ten feet.

(b)

Corner side yards. The following shall be the area regulations for the M-1 district for corner side yards:

(1)

Corner side yards shall be provided in accordance with the regulations indicated in this article. Corner side yards shall be unobstructed from ground level to sky, except as allowed in section 56-368. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal buildings.

(2)

In the M-1 restricted manufacturing district, in every instance where the side property line is adjacent to a public street, there shall be provided a corner side yard of not less than 20 feet in depth; except, however, agricultural buildings and structures shall provide a corner side yard of not less than 50 feet in depth along all lot lines that coincide with a lot line in an adjacent business or residence district.

(3)

Telephone booths and coin telephones (outdoor) shall be permitted in the required corner side yard. However, if such telephone is installed near an intersection of two streets or rights of way, the minimum setback from one of such intersecting right-of-way lines shall be ten feet.

(c)

Transitional yards. The following shall be the area regulations for the M-1 district for transitional yards:

(1)

Where an M-1 restricted manufacturing district adjoins either a residence district or a business district, transitional yards shall be provided in accordance with the regulations hereinafter indicated. Transitional yards shall be unobstructed from ground level to sky, except as allowed in section 56-368. All accessory buildings shall comply with the yard requirements of the principal building.

(2)

In the M-1 district, the minimum transitional yard requirements for all structures, other than agricultural buildings and structures, shall be not less than those specified below:

a.

Where a side lot line coincides with a side or rear lot line in an adjacent business or residence district, a yard shall be provided along such side lot line. Such yard shall be not less than 20 feet in width.

b.

Where a rear lot line coincides with a side lot line in an adjacent business or residence district, a yard shall be provided along such side lot line. Such yard shall be not less than 20 feet in depth.

c.

Where a rear lot line coincides with a rear lot line in an adjacent business or residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than 20 feet in depth.

(3)

In the M-1 district, agricultural buildings and structures shall provide a transitional yard of not less than 50 feet in depth along all lot lines that coincide with a lot line in an adjacent business or residence district.

(Code 1978, § 5-9-4; Code 1997, § 98-188)

The floor area ratio requirements as set forth under this district shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot. In the M-1 district, the floor area ratio shall not exceed 0.6.

(Code 1978, § 5-9-5; Code 1997, § 98-189)

(a)

In an M-1 district which abuts a business or residence district and along any zoning district boundary separating an M-1 district from a business or residence district, there shall be provided, with respect to all buildings, structures and uses constructed or established after the effective date of the ordinance from which this chapter is derived hereof, unobstructed open space from ground level to sky (except as allowed in section 56-368), in accordance with the regulations established in this article.

(b)

In the M-1 District, on properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure, other than telecommunications towers and antenna which are governed by governed by city ordinance, franchise, state or federal law is at a greater height than 35 feet above curb level, such point projected vertically upon the ground shall in no case be nearer to the business or residence district boundary line than a horizontal distance equal to one and one-half times the height of such point above curb level. However, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to the street for any 100 feet of street frontage. Parapets not exceeding three feet in height shall also be exempt from such limitations.

(c)

In the M-1 district, on properties or portions thereof located adjacent to a side or rear property line in a business or residence district, if any point on the exterior surface of any building or structure, other than telecommunications towers and antenna which are governed by governed by city ordinance, franchise, state or federal law is at a greater height than 35 feet above curb level, the vertical projection of such point upon the ground shall in no case be nearer to the side or rear lot line of any property in the adjacent business or residence district than a horizontal distance equal to the height of such point above curb level. However, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing same, shall be exempt from such height limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to such business or residence district lot lines for any 100 feet of length of such lot lines. Parapets not exceeding three feet in height shall also be exempt from such limitations.

(Code 1978, § 5-9-6; Code 1997, § 98-190; Ord. No. 06-04-02A, § 2, 4-18-2006)

Any use established in the M-1 restricted manufacturing district after the effective date of the ordinance from which this chapter is derived shall be so operated as to comply with the performance standards hereinafter set forth in this section for the district. No use lawfully established on the effective date of the ordinance from which this chapter is derived hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards.

(1)

Noise. The following shall be the performance standards for the M-1 district for noise:

a.

Measurement. Sound levels shall be measured with 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 of this article, 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 chapter, 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 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.

_____

b.

Noise; maximum levels permitted. In the M-1 restricted manufacturing district, at no point on the boundary of a residence or business district shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter, such as the operation of motor vehicles or other transportation facilities), exceed the decibel limits in the following octave bands:

(2)

Vibration. The following shall be the performance standards for the M-1 district for vibration:

a.

In the M-1 restricted manufacturing district, any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations other than background vibrations produced by some source not under control of this chapter, such as the operation of motor vehicles or other transportation facilities in excess of the limits set forth in column I of the following table is prohibited. In addition, any industrial operation or activity which shall cause at any time and at any point along a residence district boundary line earthborne vibrations in excess of the limits set forth in column II of the following table is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the village president and board of trustees:

_____

b.

Steady state vibrations, for the purpose of this chapter, which are continuous or in discrete pulses, are more frequent than one hundred per minute. Impact vibration, that is discrete pulses which do not exceed 100 impulses per minute, shall not cause in excess of twice the displacements stipulated.

(3)

Smoke and particulate matter. Any use established in the M-1 restricted manufacturing district after the effective date of the ordinance from which this chapter is derived hereof shall be so operated as to comply with the performance standards governing smoke and particulate matter set forth in this section. No use lawfully established on the effective date of the ordinance from which this chapter is derived hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing smoke and particulate matter established in this section.

a.

Any use lawfully established on the effective date of the ordinance from which this chapter is derived shall be permitted to be altered, enlarged, expanded or modified; provided, that new sources of smoke or particulate matter conform to the performance standards established as follows:

1.

The total emission weight of particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the M-1 district after such alteration, enlargement or modification.

2.

In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

3.

For the purpose of grading the density of smoke, the Ringelmann chart, published by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than number two on the Ringelmann chart is prohibited at all times, except as otherwise provided herein.

4.

The emission from all sources within any lot area, of particulate matter containing more than ten percent by weight of particles having a particle diameter larger than 44 microns is prohibited.

5.

Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified in this section is prohibited.

b.

Maximum limits. The following shall be the performance standards maximum limits for the M-1 district:

1.

In the M-1 restricted manufacturing district, the emission of more than 20 smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann number two. However, once during any six-hour period, each stack may emit up to 35 smoke units not to exceed Ringelmann number two when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringelmann number three be permitted, and then for not more than four minutes per period.

2.

The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour, after deducting from the gross hourly emission per acre the correction factor set forth in the following table:

ALLOWANCE FOR HEIGHT OF EMISSION
(interpolate for intermediate values not shown)

c.

Determination of total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:

1.

Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.

2.

From each gross hourly rate of emission deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.

3.

Add together the individual net rates of emission to obtain the total net rate of emission from all sources of emission within the boundaries of the lot. Such total shall not exceed one pound per acre of lot area during any one hour.

(4)

Toxic matter. In the M-1 restricted manufacturing district no activity or operation shall cause, at any time, the discharge of toxic matter across lot lines in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury to property or business.

(5)

Noxious and odorous matter. The following shall be the performance standards for the M-1 district for noxious and odorous matter:

a.

Public nuisance. In addition to the performance standards specified in this section, the emission of noxious and odorous matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

b.

Limits. In the M-1 restricted manufacturing district, no activity or operation shall cause, at any time, the discharge of matter across lot lines in such concentration as to be noxious. The emission of matter in such quantities as to be readily detectible as an odor at any point along lot lines is prohibited.

(6)

Fire and explosive hazards. The following shall be the performance standards for the M-1 district for fire and explosive hazards:

a.

In the M-1 restricted manufacturing district, the storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

b.

The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the materials or products are stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

c.

The storage, utilization or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which shall be unrestricted:

_____

TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED
(in gallons)

_____

d.

When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 times the quantities as listed in subsection (6)c of this section.

(7)

Glare and heat. In the M-1 restricted manufacturing district, any operation producing 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. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.

(Code 1978, § 5-9-7; Code 1997, § 98-191)