In order to carry out the recommendations of the village comprehensive plan and the purpose and provisions of this chapter, the village is hereby divided into the following zoning or use districts:

(1)

Agriculture district. The intent of this district is to maintain active and productive cropland on the perimeter of the village and establish mechanisms to permit the development and expansion of the agribusiness industry in the village and the county. This district may be located in any of the land uses shown on the village comprehensive plan future land use map. The map symbol and short name for the agriculture district shall be A-1 district.

(2)

Residential district. The residential district is established to provide a location for a limited range of residential uses characterized by large lots and a rural atmosphere. This district is generally located on the periphery of the village and may have streets having a rural cross section. The map symbol and short name for this district shall be R-1 district.

(3)

Village residential district. The village residential district is established to provide and maintain locations for a wide range of residential uses and is characterized by lots having frontage on streets and alleys, pedestrian scale and orientation of yards. The map symbol and short name for this district shall be R-2 district.

(4)

Neighborhood business district. The neighborhood business district is established to provide a location for a limited range of daily convenience-oriented businesses and services principally relying upon the patronage from the immediate surrounding neighborhoods in appropriate locations in the village. The map symbol and short name for this district shall be C-1 district.

(5)

Central business district. The central business district is established to provide and maintain locations for a wide range of retail businesses and is characterized by lots having frontage on streets and alleys, and pedestrian scale and orientation of yards. The map symbol and short name for this district shall be C-2 district.

(6)

Highway commercial district. The highway commercial district is established to provide for a wide range of retail and professional businesses and services serving a regional market. The map symbol and short name for this district shall be C-4 district.

(7)

Industrial district. The industrial district is established to provide a location and standards for a wide range of low impact industrial, manufacturing, warehousing, processing, production, assembly, research, testing, and office uses characterized by small floor area buildings and uses. This district shall be located along the arterial streets in the village and only in areas designated industrial on the village comprehensive plan future land use map. The map symbol and short name for this district shall be I-1 district.

All uses in all districts shall be subject to the following conditions:

(1)

All common wall construction, whether existing or proposed, shall conform with all building, electrical, plumbing, and other applicable codes and ordinances.

(2)

Each dwelling unit shall be served with its own water line, sanitary sewer line, sump pump line, if applicable, and other utility lines and extensions.

(3)

All rooftop mechanical service equipment shall be screened from view from grade level of any street, park, or parking lot, or from grade of adjoining property. All mechanical equipment shall be screened or colored to match or blend in with the field color of the building.

(4)

Similar land use categories shall generally enfront across streets. Dissimilar categories shall abut at rear or side lot lines. Corner lots which front on streets of dissimilar use shall be set back the same as the adjacent use with the greater setback.

(5)

All uses shall be conducted within completely enclosed buildings unless otherwise specified.

(6)

All lots shall share a frontage line with a street or square.

(7)

All buildings, except accessory structures, shall have their main entrance opening onto a street or square.

(8)

Streets shall provide access to all lots and parcels.

(9)

All streets and alleys shall terminate at other streets within the neighborhood and connect to existing and future streets outside the development.

(10)

Steady and even build-to lines shall be established along all streets and public space frontages, determining the width desired for each street or public space. A minimum percentage build-out at the build-to line shall be established along all streets and public square frontages.

(11)

Parking lots shall generally be located at the rear or at the side of buildings and shall be screened from the sidewalk by low walls, fences or hedges.

(12)

Parking lots and parking garages shall not abut street intersections or civic buildings, be adjacent to squares or parks, or occupy lots which terminate a view or vista.

(13)

Alleys shall not form the boundary of a park, square, or greenbelt unless a wall or landscape hedge not less than six feet in height is used for separation.

(14)

The long axis of a street shall have an appropriate termination with either a public monument, a specifically designed building facade, or a gateway to the ensuing space.

(15)

Landscaping shall respect vistas and building lines.

(16)

Civic uses and buildings are exempt from setback requirements.

(17)

All off-street parking spaces shall be at the rear of the building. Access shall be by alley only.

(18)

Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, shall be screened, recessed or enclosed. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances.

a.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from adjacent streets.

b.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street or public sidewalk.

c.

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

d.

Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

(19)

Delivery and loading operations shall not disturb adjoining neighborhoods or other uses. No delivery, loading, trash removal or compaction, or other such operations, shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the lot owner submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dB as measured at the lot line of any adjoining property.

All permitted uses in commercial districts shall be subject to the following conditions:

(1)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold in a retail manner on the premises where produced.

(2)

All business, servicing, storage and display of goods shall be conducted within completely enclosed structures, except that bedding plants and flowers in season may be displayed and outdoor dining areas where permitted may be established without such enclosure provided that their location does not interfere with adequate and safe pedestrian circulation.

(3)

There shall be no manufacture, processing or treatment of products other than what is clearly accessory or essential to the retail business conducted on the premises.

(4)

All uses shall comply with the performance standards for noise, odor, dust, smoke and vibration established in article V, division 4 of this chapter.

(5)

All transition yards shall be screened and/or landscaped to provide visual and acoustical privacy for adjacent residents, and refuse storage areas shall be screened from view.

(6)

All exterior lighting, building and parking lot lights shall be directed away from adjacent property, highways and streets and comply with the standards established in article V, division 4 of this chapter.

(7)

All open bulk material storage shall be screened from public view and adjacent property by a solid fence or wall.

(8)

All open bulk material storage in commercial and industrial districts, when permitted, shall be screened from public view and adjacent property by a solid fence or wall.

(9)

Outdoor display of items intended for direct sale to the public shall be permitted only on a sidewalk adjacent the shop front, only during business hours of operation, and shall not obstruct or interfere with pedestrian circulation. Such outdoor display is permitted only as an accessory use.

All permitted industrial uses shall be subject to the following conditions:

(1)

All business, servicing, production, assembly, manufacture, processing, and warehousing shall be conducted within completely enclosed structures.

(2)

Truck trailer storage shall not exceed a ratio of two stored trailers for each loading dock on the premises.

(3)

There shall be no retail sale of products other than what is processed, manufactured, or processed by the manufacturing, assembly, production, or processing business conducted on the premises.

(4)

All uses shall comply with the performance standards for noise, odor, dust, smoke and vibration established in article V, division 4 of this chapter.

(5)

All transition yards shall be screened and/or landscaped to provide visual and acoustical privacy for adjacent residents, and refuse storage areas shall be screened from view.

(6)

All exterior lighting, building and parking lot lights shall be directed away from adjacent property, highways and streets and comply with the standards established in article V, division 4 of this chapter.

(7)

All outdoor storage of bulk material, supplies, finished goods or products, except vehicles, equipment or rolling stock, shall be concealed from public view and adjacent property by a solid fence or wall and landscaping. The surface of outdoor storage areas shall be a hard dust-free all-weather surface.

(8)

Loading berths may be open or enclosed but shall be located in such a manner that no vehicle in the loading berth shall extend into the public right-of-way of a street or alley, or interfere with access to off-street parking on the premises.

All permitted uses in the A-1 district shall be subject to the following conditions:

(1)

Those uses existing on a parcel at the time of rezoning, annexation, or the effective date of the ordinance enacting this chapter shall be permitted uses on that parcel of property.

(2)

All open and bulk material storage in the A-1 district, except that used in connection with the cultivation, display, storage, processing and handling of plant material and mining material, shall be screened from public view and adjacent property by a solid fence or wall.

All service stations, gas stations, and motor vehicle minimarts, (referred to in this section as gas stations) shall be subject to the following conditions:

(1)

The building and pump island canopy shall conform to surrounding architecture and building typologies, e.g., shop front. For the purpose of architectural appropriateness, each and every side of a gas station shall be considered as a front face.

(2)

The height of any overhead canopy or overhead weather protection shall not exceed 20 feet.

(3)

The setback of any overhead canopy or weather protection, freestanding or projecting from the gas station building, shall be not less than 20 feet from any property line or right-of-way line.

(4)

No sales or rentals of motor vehicles or trailers shall be permitted.

(5)

No outdoor storage of motor vehicles or trailers shall be permitted. For the purpose of this section, storage shall mean a vehicle parked on the premises for more than 24 hours in a 48-hour period.

(6)

No outdoor display or storage of goods for sale shall be permitted.

(7)

All driving and parking surfaces on the premises shall be a hard dust-free all-weather surface and provide positive controlled drainage.

(8)

Wherever a gas station is adjacent to a residential zoning lot, a fence or landscape hedge having a height not less than six feet shall be provided along the property line that abuts the residential zoning lot. A transition yard not less than 25 feet in width shall be provided along any property line adjacent to a residential zoning lot. No parking shall be permitted within the transition yard.

(9)

All trash and waste materials shall be stored in a separate enclosure. The trash enclosure shall be constructed of similar or better materials as the principal gas station building.

(10)

All driving and parking surfaces, including driveways and access thereto, shall have a concrete barrier curb around the perimeter.

(11)

All off-street parking shall be located to the side or rear of the principal building.

(12)

All outdoor illumination shall be provided with lenses, reflectors or shades which will concentrate the light upon the premises so as to prevent any undue glare or rays of light therefrom being directly visible upon any adjacent street or adjacent property and comply with the standards established in article V, division 4 of this chapter.

(13)

Driving surfaces and off-street parking spaces shall be located in a manner such to provide a landscaped edge along the frontage of the lot and the perimeter of the driving and parking surface areas on the premises. The perimeter of the parking and driving surface areas shall be landscaped with planting material that will achieve a maximum height of 30 inches, or an architectural (decorative) fence, to screen from view the driving surface areas from adjacent roads and lots.

(14)

Notwithstanding anything of a more restrictive nature in this chapter, the following minimum requirements shall apply to gas stations, service stations, and motor vehicle minimarts:

a.

Pump setback: 25 feet.

b.

Lot width: 150 feet.

c.

Front yard: 60 feet.

d.

Corner side yard: 60 feet.

e.

Rear yard: 20 feet.

f.

Side yard: 20 feet.

g.

Transition yard: 25 feet.

All parking garages shall be subject to the following conditions:

(1)

Parking decks shall not directly face a street. When a parking deck faces directly on a street, the ground floor shall have retail shop fronts enfronting the adjacent street.

(2)

Parking decks shall be concealed from view by being placed behind buildings or disguised with appropriate application of architectural design elements and/or ornamentation.

(3)

Parking decks shall be constructed of the same or similar materials as surrounding buildings.

All uses with live music shall be subject to the following conditions: Live music shall not be audible off the premises at decibel levels greater than normal background noise after 11:00 p.m., if such establishments are located within 300 feet of a residence.

All uses with outdoor seating shall be subject to the following conditions: Outdoor seating, tables and canopies may encroach upon public sidewalks but shall not obstruct any sidewalks, parking spaces or driveway aisles, streets or alleys.

Use of a building, structure or land shall be allowed only in the zoning districts indicated and for the purposes specified in the following table of permitted uses. Each use is mutually exclusive and does not encompass other uses listed in the table. A principal use listed in the table in any district denoted by the letter "P" is permitted by right provided all other requirements of state law and this chapter and all other applicable ordinances and regulations of this Code have been satisfied. A principal use listed in the table of permitted uses in any district denoted by the letter "S" is a special use and permitted only subject to the provisions of article IV, division 3 of this chapter. A principal use listed in the table of permitted uses in any district denoted by the letter "T" is a temporary use and permitted only subject to the provisions of section 105-521. A use of building, structure or land not indicated by either "P" or "S" or "T" is not allowed in that district.

(Ord. No. 060705, § 1, 6-7-2005)

The purpose of this division is to establish regulations and standards for the installation and operation of uses of land or structures in the village based upon consideration of the objectionable characteristics of such uses and the zoning districts in which they are permitted. This division is also intended to prescribe the procedures and methods of measurement of the installation and operation characteristics of uses of land or structures in the village subject to such standards.

(a)

Definition; categories. Hazardous substances are defined by the U.S. Department of Transportation (USDOT) in 49 CFR 100 to 177 (October 1983). Specific hazardous substances are assigned to categories in the Hazardous Materials Table, 49 CFR 172.101. Hazardous substances that are not listed in the Hazardous Materials Table are assigned to categories based on the definitions of the categories.

(b)

Prohibited uses involving hazardous substances. Certain substances pose a high risk to public health and safety and to the air, surface water and groundwater resources of the village. Potential harm from exposure to these substances can be reduced by prohibiting large quantities of hazardous materials and hazardous materials and hazardous wastes from occurring in the village. The following uses shall be prohibited in the village:

(1)

Uses which use hazardous substances at the bulk plant quantity level.

(2)

Waste collection and transfer facilities which involve hazardous substances.

(3)

Uses involving:

a.

Asphaltic and petroleum-based coating and preserving materials;

b.

Formulations of chrome-copper-arsenate (CCC), pentachlorophenols (PENTA), creosote, and related chemicals;

c.

Oils containing PCBs;

d.

Used batteries, for recycling or processing; and

e.

Petroleum storage tanks, excluding retail gas stations and truckstops and petroleum storage tanks for the exclusive use of on-site fleet vehicles.

(4)

Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals, but excluding uses which roll, draw, extrude, cast, forge, heat treat, electroplate, plate, anodize, or color ferrous and nonferrous metals.

(5)

Agricultural application of halogenated volatile liquid organic pesticides, such as ethylene dibromide (EDB) and dibromo-chloropropane (DBCP), related chemicals and their commercial formulations. Other fertilizers, plant growth retardants and pesticides are allowed if applied in accordance with state and federal standards for accepted farming and horticultural practices.

(6)

Uses involving nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

(c)

Nonconforming uses that involve hazardous substances. Nonconforming uses are prohibited from increasing the quantities of hazardous substances produced for off-site use.

(d)

Other uses involving hazardous substances. It is the intention of these regulations to allow hazardous substances in a manner consistent with the recommendations of the village comprehensive plan and the purpose of the zoning districts in the village while maintaining the safety and welfare of the general public and protecting the environment. Hazardous substances shall be permitted by on-site quality characteristics as defined in this section and in subsection (e) of this section.

(e)

Table of permitted on-site characteristics of hazardous substances by zoning district.

Where BP = Bulk Plant; BU = Bulk Use; PU = Package Use; CC = Consumer Commodity as defined in this section.

Where P = Permitted Use, and S = Special Use.

Note: Hazardous substance categories are defined by USDOT in the Code of Federal Regulations (CFR), title 49, parts 100 to 177, October 1983.

(f)

On-site quantity characteristics of hazardous substances.

(1)

Bulk plant. Hazardous substances at the bulk plant level are manufactured, collected, repackaged, stored, or distributed, but are generally not used on the site. Materials are stored in large, permanent tanks. Bulk plant quantities are larger than amounts transported in or any single shipment. Processors of hazardous substances will generally be at this level. Uses which produce hazardous substances as a byproduct or accessory to another product are not in this category.

(2)

Bulk use. Hazardous substances at the bulk use level are used or sold on-site. The hazardous substances are incidental to the primary product or service of the use. Hazardous substances are transported to the site in an unpackaged form and are then transferred to the use's storage tank by hose, pipeline, conveyor belt, etc. On-site use of a portable tank such as rail car, tanker truck, or similar vehicle is considered to be at this quantity level. Use of containers over 60.

(3)

Package use. Hazardous substances at the package use level are stored in discrete containers of 60 gallons or less which are handled individually or on pallets for purposes of transportation. Package materials are used or sold on-site. Packages may include cylinders, drums, boxes, glass jars, etc.

(4)

Consumer commodities. Consumer commodities are packaged and distributed in a form intended or suitable for sale through retail sale outlets for consumption by individuals for purposes of personal care or household use.

(g)

Fire protection district standards; fire and building code regulations. In addition to these regulations, all storage or use of hazardous substances must be reviewed by the Ogle-Lee Fire Protection District and must conform with all appropriate fire and building codes.

(a)

The storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning (as determined for liquids by a closed cup flashpoint of less than 187 degrees Fahrenheit, but not less than 105 degrees Fahrenheit) is permitted, providing the following conditions are met:

(1)

Such materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having exterior walls of noncombustible construction, in accordance with the building code of the village.

(2)

Buildings in which such materials or products are stored, utilized or produced shall be set back at least 40 feet from lot lines, or, in lieu thereof, all such buildings or structures shall be protected throughout by an appropriate fire suppression system for products and materials stored in accordance with the village building code and standards prescribed by the National Fire Protection Association (NFPA).

(b)

The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning (as determined for liquids by a closed cup flashpoint of not less than 187 degrees Fahrenheit) is permitted.

(c)

The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases (as determined for liquids by a closed cup flashpoint of less than 105 degrees Fahrenheit) shall be permitted in an industrial district, provided that:

(1)

The final manufactured product does not itself have a closed cup flashpoint of less than 187 degrees Fahrenheit.

(2)

The use and storage of such materials shall be in conformity with standards prescribed by the NFPA and with requirements of other ordinances of the village.

(3)

The storage of such materials shall be prohibited above ground.

(d)

Detonable materials shall not be stored within 200 feet of a lot line in any industrial district, and shall not be stored within 1,000 feet of any residential district.

(a)

Generally. The emission of particulate matter from all sources within any lot containing more than five percent by weight of particles having a particle diameter larger than 44 microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means. Emission of particulate matter from such sources in excess of weight limitations specified in this subsection is prohibited. The emission of smoke or particulate matter of a density equal to or greater than no. 3 on the Ringelmann chart is prohibited at all times, except as otherwise provided in this section.

(b)

Smoke emissions. In all districts, the emission of more than 12 smoke units per stack in any one-hour period is prohibited. However, once during any six-hour period, each stack shall be permitted up to 12 additional units in a 15-minute period for soot blowing and fire cleaning. Only during 15-minute periods shall smoke of a density equal to, but not exceeding, no. 3 on the Ringelmann chart be permitted, and then only for fire cleaning and for not more than four minutes per period.

(c)

Particulate matter emission. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed 1.00 pounds per hour per acre in all districts.

(d)

Method of measurement.

(1)

Smoke. For the purpose of grading the density of emission of smoke, the Ringelmann chart, published and used by the United States Bureau of Mines, shall be employed. For the purposes of determining smoke units, the Ringelmann density readings shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

(2)

Particulate matter. The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: 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 hourly rate of emission in pounds per acre. Add together the individual rates of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in subsection (c) of this section.

No continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use shall be permitted. An odor emitted no more than 15 minutes in any one day shall not be deemed as continuous, frequent, or repetitive within the meaning of this section. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process involving the creation or emission of any odors shall be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. All land uses shall comply with the rules and regulations of the state pollution control board.

The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with applicable regulations of the Atomic Energy Commission and the applicable regulations of any instrumentality of the state.

(a)

Generally. Steady-state vibrations, for the purpose of this division, are vibrations that are continuous or vibrations in discrete pulses more frequent than 100 per minute. Discrete pulses that do not exceed 100 impulses per minute shall not cause displacement in excess of twice the values established in table 105-407(b)(1). Impact vibrations shall mean vibrations occurring in discrete pulses separated by an interval of at least one minute and numbering no more than eight per each 24-hour period.

(b)

Permitted vibration displacement. At no point on or beyond the boundary of any lot shall the ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed the limits as established in tables 105-407(b)(1) and 105-407(b)(2) for the various industrial zones and for any industrial zone boundary abutting a residential zone.

TABLE 105-407(b)(1). MAXIMUM PERMITTED STEADY-STATE VIBRATION
DISPLACEMENT (INCHES)

TABLE 105-407(b)(2). MAXIMUM PERMITTED IMPACT VIBRATION DISPLACEMENT (INCHES)

(c)

Method of measurement. For the purpose of measuring vibrations, a three-component measuring system shall be used. A three-component measuring system denotes instrumentation that can measure earthborne vibrations in three directions, each of which occurs at right angles to the other two.

Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare shall emanate beyond the boundary of the lot on which such use or activity is located. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter or applicable ordinances, or to activities of a temporary or of any emergency nature. Night lighting necessary for safety and the protection of property is excluded from this section.

There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

(a)

Generally. It is the intent of this chapter to preserve, protect, and enhance the lawful use and enjoyment of any and all property through the use of appropriate illumination practices and systems. Such individual fixtures and lighting systems are designed, constructed and installed to control glare and light trespass, minimize obtrusive light, conserve energy and resources while maintaining safety, security, and productivity, and curtail the degradation of the nighttime visual environment.

(b)

Scope. All public and private outdoor illumination installed in the village shall be required to conform with the requirements established in this division.

(c)

Luminaire design factors.

(1)

The style of lights and light standards shall be consistent with the architectural style of the principal building.

(2)

Pathways, sidewalks, and trails shall be illuminated with low-level fixtures not to exceed eight feet in height.

(3)

All outdoor building illumination for security purposes shall include glare controls and shall be shielded. Floodlighting is discouraged, and, if used, shall be shielded to prevent disability glare for motorists or pedestrians, light trespass beyond the property lines, and light above a 90-degree horizontal plane. Wallpack-type fixtures are not acceptable.

(4)

All parking area illumination shall include glare controls and must be shielded.

(5)

Poles supporting luminaries shall not exceed 23 feet in all residential districts, 25 feet in all commercial districts, and 32 feet in industrial districts.

(d)

Standards and requirements.

(1)

Illumination shall be provided in accordance with the standards of the Illuminating Engineering Society of North America (IESNA) as follows:

(2)

Exterior illumination shall be designed at or below the following average maintained footcandles at the property line:

(3)

The light loss factor (LLF) shall be a minimum of 0.75 to a maximum of 0.80.

(e)

Measurement of illumination levels.

(1)

Metering equipment. Illumination levels of both direct and indirect light shall be measured in footcandles with a direct reading portable light meter. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading.

(2)

Method of measurement. Footcandle horizontal measurements shall be taken at a height of 3.5 feet above the ground surface.

(f)

Exceptions and variations.

(1)

Because of their unique requirement for nighttime visibility and their limited hours of operation, ball diamonds, playfields, and tennis courts are exempted from the general standards of this section. Illumination for these outdoor recreational uses shall be shielded to minimize light and glare from spilling onto adjacent residential property. The maximum permitted illumination at adjoining residential property lines shall be one footcandle. The maximum permitted illumination at adjoining nonresidential property lines shall be two footcandles.

(2)

Luminaires used for public roadway illumination by a public highway agency or authority are exempt from the requirements of this section but may be subject to the regulations of federal or state agencies or intergovernmental agreements.

(3)

Decorative seasonal lighting, limited to a power rating of less than or equal to 75 watts, is exempt from the provisions of this section.

(4)

Temporary emergency lighting used by police, firefighters, and other emergency services, as well as all luminaires affixed to vehicles, are exempt from the provisions of this section.

(5)

Hazard warning lights that are required by local or federal regulatory agencies are exempt from the provisions of this section.

(6)

Transportation facilities are exempt from the provisions of this section.

(7)

Public walkways are exempt from the provisions of this section.

(8)

When site characteristics are unique and the requirements of subsection (d) of this section cannot be satisfied, the zoning administrator has the authority to approve nonconforming designs if illumination levels and/or uniformity ratios are within 20 percent of the values in subsection (d) of this section. All other nonconforming designs shall be subject to the approval of the village board through the variation procedures of this chapter or by annexation agreement or development agreement.

(g)

Nonconforming luminaires. Exterior lighting luminaires existing on the effective date of the ordinance enacting this chapter shall be exempt from the standards of this section and shall be considered legally nonconforming. Such fixtures may be repaired and maintained in operable condition provided that, if any legal nonconforming luminaire is moved or damaged by any means to the extent that its total replacement is necessary, the luminaire, or replacement, shall comply with this section. For development activity involving improved property, luminaires shall be required to comply with this section when the floor area of any building or structure, or parking areas, or any combination thereof, is increased by ten percent or greater.

Industrial wastewater is defined for purposes of this section as the wastewater resulting from production, or resulting from the washing of equipment and vehicles, or resulting from similar activities. All industrial wastewater disposal must be approved by the village engineer prior to issuance of a zoning certificate. Industrial wastewater shall be disposed of into a sanitary sewer unless an alternative disposal is approved by the village engineer. The engineer may require pretreatment. A sampling manhole and industrial wastewater discharge permit may be required. Sanitary and industrial wastewater quality must meet the requirements of the village engineer.

All stormwater, groundwater, and runoff from the watering of landscaping must be discharged into an adequate watercourse, water body, or storm sewer or into an approved on-site disposal system. Stormwater and groundwater disposal methods and the determination of the adequacy of the receiving systems require the approval of the village engineer prior to issuance of a zoning certification.

(a)

The maximum permissible sound pressure levels at specified points of measurements for noise radiated continuously from any use in the following zoning districts shall not exceed the level provided in table 105-413(a).

TABLE 105-413(a). MAXIMUM SOUND PRESSURE LEVEL (DECIBELS)

(b)

Corrections. If the noise is not smooth and continuous, one or more of the following corrections shall be added or subtracted from each of the decibel levels given in subsection (a) of this section:

(c)

Intermittent noise; "night" defined. Noise of an intermittent nature that cannot be measured shall be controlled so as not to become a nuisance to adjacent uses. For purposes of this section, the term "night" is defined as the period between 9:00 p.m. and the following 7:00 a.m. and shall apply during all hours on Sundays.

(d)

Method of measurement. Measurement is to be made at the nearest lot line of any adjacent lot within the same use district or at the nearest boundary other than the use district within which the noise source is located, or at any point along such lot lines or district boundaries where the noise level may be higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association.

(e)

Exemptions. Nothing in this section is intended to restrict the temporary use of equipment during the construction or maintenance of buildings, grounds, or utilities within any zoning district, nor shall this section apply to noises not directly under the control of the property user, such as noise from warning signals and devices, and noises of railroads and trucking equipment, aircraft, refuse collection, and domestic power tools.

(a)

No use permitted in any industrial district shall be issued a zoning certificate until a certified statement has been signed by a qualified professional engineer and a responsible agent for the proposed use stating that all provisions of the performance standards set forth in this division will be met.

(b)

No use permitted in any industrial district shall be issued a certificate of compliance until all provisions of this chapter have been complied with and tests on operating equipment made under normal operating conditions have been performed indicating full compliance with all performance standards. Such statement shall be certified and signed by a qualified professional engineer and a responsible agent for the operating use.

The zoning administrator shall enforce the provisions of this division. Upon confirmation of a violation, the enforcement and penalty provisions of article II, division 1 of this chapter shall prevail. In addition, the zoning administrator may require of the offending business or industry the installation, maintenance, and operation of continuous measuring or recording instruments to demonstrate the operation and to ensure continuous compliance with the prescribed standards.

Established uses found to be in noncompliance with this division will be liable for inspection fees and costs as well as penalties imposed by a court. If no due cause is found, the challenger will be liable for the fees and costs.