(a)

The I-1 limited industrial district is intended to provide lands for development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the operations of most manufacturing, wholesaling and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. All industrial operations shall be conducted wholly within enclosed buildings.

This section shall apply to such district.

(b)

The following uses are permitted in the I-1 district:

(1)

Industrial type uses:

Manufacturing and industrial activities, including fabrication, processing, assembly, disassembly, repairing, cleaning, servicing, testing, packaging, and storage of materials, products and goods that can be conducted wholly within enclosed buildings;

Laboratories and research firms involved in the research, experimentation or testing of materials or products;

Printing, publishing or lithography establishments.

(2)

Wholesale and warehouse uses:

Direct selling establishments, where products are stored and distributed, but not displayed for retail sales;

Wholesale and warehouse establishments that deal in commodities which are the product of a use permitted in the I-1 district;

Establishments that warehouse and distribute beverages;

(3)

Public, quasi-public and governmental buildings and facilities:

Essential services;

Hospital;

Office buildings;

State, county or municipal garage;

Public utility establishment;

Vocational school;

Water filtration plant;

Water reservoir.

(c)

The following special uses may be permitted subject to the provisions of division 6 of article II of this chapter.

Cannabis business establishments including:

Adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization or processor or adult-use infuser organization or infuser, all subject to the following conditions: Maintain 24-hour, seven-day a week security operational coverage; not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; not located within 100 feet of any residential zoning district if the public entrance faces the residential district; and maintenance of exhaust air cleaning system to prevent odor from operations to escape to adjoining or surrounding properties if residential properties are within 500 feet of the facility.

Adult-use cannabis dispensing organization, subject to the following conditions: Maintain proper state licensing and village business location registration permit; maintain 24-hour, seven-day a week security operational coverage; not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; not located within 100 feet of any residential zoning district if the public entrance faces the residential district.

Cannabis transporting organization or transporter, subject to the following conditions: Maintain proper state and village business location registration permit, no on-site storage or cannabis products unless 24-hour, seven-day a week security operational coverage; if on-site storage not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; any storage of cannabis product must be within a building; if this use abuts a residential district, a berm, opaque fence or wall hedge five to eight feet in height in accordance with the provisions of section 28-253 herein shall be maintained along the lot lines that abut the residential district.

Outdoor storage in the front or corner side yard of any lot.

(3)

Not located within 100 feet of any residential zoning district if the public entrance faces the residential district.

Planned development—Industrial, in accordance with division 7 of article II of this chapter.

Residence of the proprietor, caretaker or watchman, when located on the premises of the permitted or special use.

Outdoor storage.

(d)

All permitted and special uses in the I-1 district are subject to the following conditions:

(1)

On all lots with less than 200 feet of frontage on a dedicated street access is limited to one combined point of ingress and egress having a minimum width of 20 feet and a maximum width of 35 feet. On all lots having 200 feet or more of frontage on a dedicated street, access is limited to two separate points of combined ingress and egress, each having a minimum width of 20 feet and a maximum width of 35 feet. Location and construction specifications shall meet all relevant state, county and village requirements.

(2)

A performance bond, irrevocable letter of credit, certificate of deposit or other guarantee of improvements for an amount determined by the village engineer in a form approved by the village attorney shall be provided to guarantee all requirements of this chapter not completed at the time of the issuance of a occupancy permit or business license.

(3)

With the exception of ingresses and egresses, sidewalks, permitted signs and permitted decorative fences or walls, a 20-foot strip of land abutting and running parallel to the front and corner side (where applicable) yards for the width or depth of the lot shall be landscaped. Landscaping shall consist of a combination of the following materials: Grass, trees, low-living plant materials and defined areas of non-living groundcover materials.

(4)

A five- to eight-foot high, opaque fence, wall hedge or earth berm in accordance with the provisions of section 28-253 shall be provided in the following instances:

a.

The industrial use abuts a residential district; screening shall be provided along such lot lines (excluding front and corner side lot lines) that abut the residential district;

b.

When outdoor storage, occurring under the conditions of this section exists.

(5)

The outdoor storage of equipment, materials and supplies is allowed provided the following conditions have been met:

a.

The storage occurs within that portion of the lot located within the setback lines;

b.

The storage is screened from view from all nearby public streets, rights-of-way and alleys and all adjacent zoning lots that are not within an industrial district;

c.

No equipment, materials or supplies shall be stored upon the lot in such a manner that they may be transferred off the property by wind or precipitation.

d.

Outdoor storage is permitted within the rear and interior side yards of the lot, but is prohibited within the front and corner side yards of the lot unless separately approved as a special use.

(6)

The standards contained in subsection (i) shall be adhered to.

(e)

Accessory uses and buildings incidental to and on the same zoning lot as the principal uses and subject to the provisions of section 28-246 are permitted.

(f)

With the exception of planned developments, a separate ground area, herein called the "zoning lot," shall be designated, provided and continuously maintained for each structure containing a permitted or special use. The minimum lot area shall be 30,000 square feet. The minimum lot width shall be 100 feet.

(g)

All buildings and structures shall adhere to the following setbacks:

(1)

Front and corner side yards, 45 feet, with a 20-foot landscaped buffer in accordance with subsection (d)(4) above;

(2)

Interior side yard, 15 feet, when abutting a residential district 25 feet;

(3)

Rear yard, 25 feet; when abutting a residence district, 35 feet;

(4)

In planned industrial developments and industrial subdivisions the board of trustees may vary the preceding requirements.

(h)

The absolute building height of all uses shall not exceed 40 feet or three and one-half stories. The maximum floor area ratio shall be 1.0.

(i)

The following performance standards as well as all applicable federal, state and village standards shall be adhered to by all uses:

(1)

Noise:

a.

The following provisions of the Environmental Protection Act (415 ILCS 5/1 et seq.) (2000), as amended, are hereby adopted by reference as if set out at length in their entirety (including the referenced regulations and rules in 35 Ill. Adm. Code 900.101 et seq.):

Title VI: NOISE

Section 5/23

Section 5/24

Section 5/25

35 Ill. Adm. Code 900.101 et. seq

b.

The following uses and activities shall be exempt from the noise level regulations:

1.

Noises not directly under control of the property user.

2.

Noises emanating from construction and maintenance activities between 7:00 a.m. and 10:00 p.m. Such activities are those which are non-routine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

3.

The noises of safety signals, warning devices, and emergency pressure relief valves.

(2)

Vibrations:

a.

Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the zoning administrator.

b.

The following uses and activities shall be exempt from vibration level regulations:

(1)

Vibrations not directly under the control of the property user.

(2)

Vibrations emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m. Such activities are those which are non-routine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

(3)

Transient vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

c.

At no point along the boundary of a "residence district" (column I) or along an "adjacent lot" (column II) shall the earth borne vibrations be in excess of the limits set forth in the following table:

MAXIMUM PERMITTED EARTH BORNE
VIBRATIONS

Steady-state vibrations, for purposes of this chapter, are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute, shall be considered impact vibrations and shall not cause in excess of twice the displacements stipulated.

(3)

Smoke and particulate matter:

a.

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.

For the purpose of grading the density equivalent opacity of smoke, the Ringelmann Chart, published by the United States Bureau of Mines, shall be employed.

The emission of more than 20 smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, once during any six-hour period each stack may emit up to 35 smoke units, not to exceed Ringelmann No. 2, 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 per period.

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 in table.

b.

Determination of the 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 derived in item 1 above, 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 derived in item b above, 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: The measurement of toxic matter shall be made at ground level or habitable elevation and shall be the average of any 24-hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic matters currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the village that the proposed levels will be safe and not detrimental to the general population nor injurious to plant and animal life.

In the I-1 district, the release of airborne toxic matter shall not exceed one-thirtieth of the threshold limit values across lot lines.

(5)

Noxious and odorous matter: In the I-1 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 detectable as an odor at any point along lot lines is prohibited.

(6)

Fire and explosive hazards:

a.

Flammable solids. The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

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 shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

b.

Flammable liquids and gases. 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)

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 above.

The manufacture of liquid or gaseous oxygen is prohibited. Liquid or gaseous oxygen may be stored or utilized (a) in accordance with National Fire Protection Association Standard No. 566, as from time to time in force and effect, herein adopted by reference, and the total quantity stored of gaseous or liquid oxygen shall not exceed 550,000 standard cubic feet.

c.

Detonable materials. Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation are prohibited.

(7)

Glare and heat: Any operation or activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one-half footcandle when measured at the lot line. Exposed sources of light shall be shielded and flickering or intense sources of light shall be controlled so as not to cause a nuisance across lot lines.

Any operation producing intense 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.

(8)

Radiation hazards—Release outside property lines: The release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the rules and regulations of the state.

Unsealed radioactive materials: Unsealed radioactive materials shall not be manufactured, utilized, or stored (except when such materials are stored in a fireproof container at or below ground level) in excess of the quantities appearing in the following table:

Beta and/or gamma emitting radioactive material not listed above.

(Ord. No. 850, § 6.0, 5-24-82; Ord. No. 2001-15, § 1, 3-26-01; Ord. No. 2019-23, § 3, 12-23-19; Ord. No. 2024-21, § 3, 9-23-24)

(a)

Definition. The regulations set forth in this section are the district regulations in the "I-2 Gateway commerce district".

(b)

Purpose. The intent of this section is to permit certain administrative, research, light manufacturing and business organizations which do not in any way detract from residential desirability, to locate in an area which lies beside a high visibility transportation road or between an industrial district of intense activity and certain residential districts of passive activity and thereby to act as a transitional district between said areas. The limitations as to uses, heights, ground cover, and offensive characteristics are imposed to protect and foster residential desirability of the community.

(c)

General restrictions. Any use permitted in the I-2 Gateway commerce district shall comply with provisions contained hereafter and upon request by the zoning administrator petitioners or existing owners shall provide satisfactory proof of compliance during the hearing phase or anytime thereafter.

(1)

All operations and activities of all uses within this district including the storage of materials shall be conducted wholly inside a building or buildings.

(2)

No use permitted in this district shall omit odors, gas, dust, smoke, lighting effects or noise, to an extent greater than permitted by the state and federal environmental protection agencies and the following maximum allowable limits:

a.

Sound level shall not exceed maximum levels as provided in article XIII, section 28-311(i).

b.

No vibration which is discernible to the human sense of feeling at any time at the property line shall be permitted.

c.

No speakers or public address or paging systems shall be permitted which are audible beyond the property lines.

(3)

No activities involving the storage, utilization or manufacturing of materials or products which decompose by detonation or having a closed cup flashpoint of 149 degrees Fahrenheit or less shall be permitted.

a.

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 subject to compliance with all other performance standards for this district.

b.

The storage, utilization of 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 150 degrees Fahrenheit—is permitted subject to compliance with all other performance standards for this district and provided the following conditions are met:

1.

Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls; and

2.

All such buildings or structures 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 automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association, or if the materials, goods or products are liquids, the protection thereof shall be in conformity with those applicable standards prescribed by the National Fire Protection Association.

c.

Notwithstanding other provisions of the district, all buildings in excess of 8,000 square feet shall be protected by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association.

(4)

No activities involving radiation or radioactive elements shall be permitted other than that utilized in hospital or medical clinic or medical office settings.

(d)

Use regulations.

(1)

The following uses are permitted in the Gateway commerce district:

a.

Offices.

b.

Research laboratories.

c.

Personnel training centers.

d.

Storing, cleaning, testing, repairing, assembling, fabricating and servicing establishments as determined by operations conforming with performance standards set forth in this section, but not within a building nearer than 100 feet of any residential use. A variance as to the required yard may be considered where site design factors are found to mitigate a lesser distance.

e.

Public utility electric distribution centers in buildings.

f.

Public utility telephone transmission equipment in buildings.

g.

Radio, television and electronics assembly, but not within a building nearer than 100 feet of any residential district. A variance as to the required yard may be considered where site design factors are found to mitigate a lesser distance.

h.

Printing, establishments, blueprint and photocopying establishments, but not within a building nearer than 300 feet of any residential district. Where materials having a closed cup flashpoint of less than 100 degrees Fahrenheit are used, fire protection shall comply with the recommendations of the National Fire Protection Association then in effect. A variance as to the required yard may be considered where site design factors are found to mitigate a lesser distance.

i.

Membership clubs, including recreational uses such as health clubs and indoor skating rinks.

j.

Medical clinics and physician offices.

k.

Printing and copying retail services.

l.

Product showrooms and retail/wholesale uses ancillary to the principal use not exceeding 50 percent of the building.

m.

Banks and financial institutions, including drive-through.

n.

Office supply and computer stores.

o.

Warehousing, wholesale establishments and distribution facilities, not exceeding 200,000 square feet but not including freight terminals or freight forwarding facilities.

(2)

The following special uses may be permitted subject to the provisions of division 6 of article II in this chapter.

a.

Planned development—Industrial, in accordance with division 7 of article II of this chapter.

b.

Service businesses, for the convenience of persons and firms in the district, such as, but not limited to, hotels, meeting halls and restaurants, including drive-through.

c.

Hospitals.

d.

Warehousing, wholesale establishments and distribution facilities exceeding 200,000 square feet.

e.

Day care center.

f.

Brewery or winemaking facility subject to the following conditions:

1.

No residential use in the structure;

2.

Proper licensing in accordance with Illinois state statute, currently 235 ILCS 5/Article V;

3.

Limited to a maximum of 360,000 gallons annual production on site of fermented or malt liquor such as wine, cider or beer, excluding distilled spirits and liquor obtained by distillation;

4.

Permitted free product sampling (or a cost less than production cost) for consumption on the premises to any one consumer in any one day of no more than three separate two ounce portions; and sale of product sampling for consumption on the premises;

5.

Retail sale of product produced on the premises for consumption on the premises, or packaged sale for on or off premises consumption;

6.

Permitted wholesale sales in accordance with the state license obtained.

g.

Medical cannabis dispensing organization, subject to the following conditions:

1.

Maintain 24-hour, seven-day a week security operational coverage;

2.

Not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property;

3.

Not located within 100 feet of any residential zoning district if the public entrance faces the residential district.

h.

Cannabis business establishments including:

Adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization or processor or adult-use infuser organization or infuser, all subject to the following conditions: Maintain 24-hour, seven-day a week security operational coverage; not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; not located within 100 feet of any residential zoning district; and maintenance of exhaust air cleaning system to prevent odor from operations to escape to adjoining or surrounding properties if residential properties are within 500 feet of the facility.

Adult-use cannabis dispensing organization, subject to the following conditions: Maintain proper state licensing and village business location registration permit; maintain 24-hour, seven-day a week security operational coverage; not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; not located within 100 feet of any residential zoning district if the public entrance faces the residential district.

Cannabis transporting organization or transporter, subject to the following conditions: Maintain proper state and village business location registration permit, no on-site storage or cannabis products unless 24-hour, seven-day a week security operational coverage; if on-site storage not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; any storage of cannabis product must be within a building; if this use abuts a residential district, a berm, opaque fence or wall hedge five to eight feet in height in accordance with the provisions of section 28-253 herein shall be maintained along the lot lines that abut the residential district.

(e)

Height. No building or structure shall be erected or enlarged to exceed 50 feet in height; provided, however, that no building or structure adjacent to a residential use may exceed 35 feet in height; provided that an exception may be made by the board of trustees for penthouses, enclosed water towers and decorative building projections.

(f)

Areas and yards. No lot shall be less than 60,000 square feet [in] area and 150 feet in width. Only one permitted use shall occupy one such lot exclusive of offices, training centers and laboratories permitted herein and incidental to the principal use.

(1)

The maximum ground area occupied by all buildings shall not be more than 40 percent of the area of the lot or tract on which a building permit has been issued, excluding all areas dedicated for public purposes as may be required by the village or other governmental authority. All buildings on a lot shall observe the yard requirements of this section.

(2)

Front yard: There shall be a front yard having a depth of not less than 50 feet wherein there shall be no building of any kind. Parking of automobiles may be permitted provided there is a 25-foot landscaped buffer along the street and a minimum of five feet landscaped buffer along the side lot lines. Corner lots shall be considered to have two front yards.

(3)

Side yard: There shall be a side yard having a width of not less than 25 feet on each side of the building or buildings, except on the side of a lot abutting a residential use, in which case there shall be a side yard of not less than 100 feet. The parking of automobiles may be permitted within the side yard areas provided a five foot landscaped buffer is provided, except that where the side yard abuts a residential district, no parking space or access driveway shall be closer than 25 feet to any lot zoned for residential use.

(4)

Rear yard: There shall be a rear yard having a depth of not less than 40 feet and the parking of automobiles may be permitted provided a five foot landscaped buffer is provided; however, where any lot line abuts or is adjacent to an area zoned for residential use, the rear yard lines abutting such use shall be not less than 100 feet, and no parking shall be allowed within 25 feet of such lot lines.

(5)

When, due to the shape of the site or site design factors, alterations of the setback requirements is necessary to provide for the reasonable use of the site, these requirements may be reduced by 25 percent of the restrictive dimension by the zoning board of appeals.

(g)

Lighting, exterior. Illumination of buildings, signs, grounds and parking areas shall be subject to the following:

(1)

No blinking lights shall be used for the illumination of signs. All primary light sources illuminating the buildings shall be erected and maintained in accordance with standards of the illuminating engineering society and shall be so placed, designed and used that neither the direct nor reflected light therefrom will adversely affect surrounding property or create a traffic hazard. Building faces, if illuminated for advertising purposes, shall be only such faces that do not front upon a residential district.

(2)

Floodlighting of grounds or parking or loading areas shall be directed from the perimeter toward the middle or be designed with cut offs and be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way. General lighting of parking or loading area shall, except for emergency and security lighting, cease at or before the hour of midnight when these areas face a residential district where the distance from the nearest light to the nearest residence is less than 1,000 feet.

(h)

Signs. Signs shall be in accordance with provisions set forth in article X of this chapter.

(i)

Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the regulations set forth in article IX of this chapter.

(j)

Appearance. The appearance of any new structure or proposed remodeling of an existing structure or structures must be approved by the zoning administrator after review by the plan commission. The following appearance criteria are hereby adopted. This criteria shall be used as guidelines for determining the acceptability of the proposed appearance of structures to be erected or remodeled within the village's I-2 district. Design of the site, building and structure or structures, together with landscaping, sign placement, the placement of street hardware and miscellaneous objects and architectural features to be observed by the general public are pertinent factors to be considered in the review of and approval of the overall appearance of a particular structure and site. The following criteria are not intended to restrict imagination, innovation, or variety, but are set forth to assist in focusing attention on the development of plans and designs that will maintain and achieve development of an aesthetically pleasing nature, preserve taxing values and promote the general public health safety and welfare. The appearance criteria are set forth as follows:

(1)

In relationship to both buildings and site:

a.

The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and parking areas.

b.

Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.

c.

Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to screen parking areas from view from public ways and adjacent residential areas.

d.

Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.

(2)

Relationship of buildings and site to adjoining areas:

a.

Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks and materials.

b.

Attractive landscape transition to adjoining properties shall be provided.

c.

Where any I-2 district is adjacent to a residential zoning district the following shall be required:

An earthen berm composed of a minimum five feet in height soil foundation utilizing a minimum four to one slope or terraced levels, and a minimum of three feet of plantings atop which shall not be subject to variation due to season which completely screens the adjacent areas to a level of eight feet at the lot line.

When, due to the shape of the site, topography, or site design factors, alternative methods of equally effective screening is preferred, a variance of the materials may be petitioned.

(3)

Elements of landscape included in these criteria consist of all forms of planting and vegetation, ground forms of planting and vegetation, ground forms, rock groupings, water patterns and all visible construction other than primary and secondary buildings and utilitarian structure. Landscape criteria consists of the following:

a.

Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance.

b.

Grades of walks, parking spaces, terraces, and other paved areas shall provide, an inviting and stable appearance for walking and, if seating is provided, for sitting.

c.

Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important views, and provide shade. Spectacular effects shall be reserved for special locations only.

d.

Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

e.

Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of good appearance shall be used where possible.

f.

In locations where plants will be susceptible to injury by pedestrian or motor traffic they shall be protected by appropriate curbs, tree guards, or other devices.

g.

Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings.

h.

Wherever feasible existing trees shall be preserved.

i.

Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combination of these. Screening shall be equally effective in winter and summer.

j.

In areas where general planting will not prosper, other materials such as fences, walls, and pavings or wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.

(4)

Building design:

a.

Architectural style is not to be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surrounding facilities, structures, and area.

b.

Architecturally and aesthetically suitable building materials shall be applied to or used on all sides of a building and shall be harmonious and compatible with colors of the natural environment and other adjacent buildings. No metal, wood or E.I.F.S. exteriors are permitted except as accents. Such accents shall not cover more than 15 percent per building side. Exterior materials for principal and accessory structures shall include the following: brick, stone, architectural insulated metal panel, aluminum and glass curtain wall systems, architectural poured-in-place, tilt-up or precast concrete which has been sealed or stained with a method that has a minimum life expectancy of 20 years and architectural concrete masonry units. Exterior materials specifically prohibited: wood, except as provided for above, metal, except as provided for above, standard or plain concrete block, E.I.F.S. materials, except as provided for above and external downspouts shall be specifically prohibited in any improvements constructed in the premises.

c.

Building components, such as windows, doors, eaves, and parapets shall have good proportions and relationships to one another.

d.

Colors shall be harmonious and used only in conjunction with compatible accents.

e.

Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from the public ways and residential areas with materials harmonious with the building.

f.

Exterior lighting shall be part of the architectural concept (fixtures, standards and all exposed accessories shall be harmonious with building design).

g.

Refuse and waste removal areas, service yards, and exterior work areas shall be screened from view from public ways, and residential areas using materials as stated in criteria for equipment screening.

h.

Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent monotony.

(5)

Miscellaneous structures and street hardware:

a.

Where possible, signs shall be designed as an integral architectural element of the building and site to which it principally relates.

b.

The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

c.

The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.

d.

Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.

e.

Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.

(6)

Maintenance—Planning and design factors:

a.

Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.

b.

Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against, the elements, neglect, damage, and abuse.

c.

Provisions for washing and cleaning of buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to catch and accumulate debris, leaves, trash, dirt and rubbish shall be avoided.

d.

Lighting, landscaping, grounds and buildings shall be maintained in good condition. Landscaping shall be maintained and kept clean of debris, dead plants and nuisances as defined in chapter 11.5, Landscaping and trees, and chapter 16, Nuisances. Buildings shall be maintained in good repair with no peeling paint, disrepair or disassembly or deterioration. Grounds shall be kept orderly and maintained to guard against rat or other types of infectious insects or animal infestation.

(Ord. No. 2000-38, § 3, 9-25-00; Ord. No. 2015-12, § 2, 7-13-15; Ord. No. 2019-22, § 2, 12-23-19; Ord. No. 2019-23, § 3, 12-23-19)

(a)

Purpose: The purpose of an intermodal terminal district/P.U.D. industrial (hereafter "I-T District") is to permit:

1.

Intermodal terminal facilities and other industrial/commercial uses that would not be possible under the strict application of the other sections of this section.

2.

A creative approach to the use of land and related physical facilities that results in better industrial development and design.

3.

An efficient use of the land resulting in more economic networks of utilities, streets, and other facilities.

4.

A land use which promotes the public health, safety, comfort, morals, and public welfare, while providing land use by heavy and intense industries.

5.

Developers of large-scale and complex industrial projects to have the flexibility to complete those projects.

The I-T district is intended to provide for large-scale logistics-oriented developments directly adjacent to a Class 1 railroad right-of-way and intended to be served by either a Class 1 railroad or a short-haul or a terminal railroad serving the rail yard portions of the development. The I-T district may include a variety of industrial, manufacturing, intermodal rail, commercial or business uses which are planned and developed as a unit or in multiple phases. Such development may consist of conventional subdivided lots or provide for development by a special industrial planned development concept plan which establishes the general location and extent of the features of the special industrial planned unit development.

(b)

Minimum land area and required adjacency: An I-T district shall be approved only on contiguous parcels of 800 acres or more. An I-T district must be adjacent to a Class 1 railroad right-of-way and intended to be served by either a Class 1 railroad or a short-haul or terminal railroad serving the rail yard portions of the development.

(c)

The following uses are permitted in the I-T district:

A.

Category A: Intermodal and related usages.

1.

Intermodal, rail and truck facilities, including freight yards, motor freight terminals, maintenance facilities, buildings customarily accessory to a railroad yard; outdoor overhead cranes and gantries; outdoor and indoor storage of motor vehicles, freight, chassis (including upright storage) and materials; cargo container storage (subject to the requirements hereinafter set forth); cargo container, truck and chassis maintenance facilities; and cargo container staging and operations yards in conjunction with an intermodal rail and truck facility.

2.

Uses and buildings accessory to the foregoing.

3.

Governmental offices and facilities; private facilities under government contract usage.

4.

Public or private utilities, including, but not limited to: water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electric power generation plants, substations and facilities necessarily accessory thereto.

5.

Uses permitted in Category B.

B.

Category B: Industrial park uses.

1.

Industrial warehouse and distribution facilities.

2.

Office uses.

3.

Light, medium or heavy manufacturing and assembly.

4.

Uses and buildings accessory to the foregoing.

5.

Gasoline service stations, including truck stops with sleeping facilities, restaurants and retail uses.

6.

Banks or other financial institutions with drive-up facilities and automatic teller machines (ATM).

7.

Governmental offices and facilities; private facilities under government contract usage.

8.

Public or private recreation facilities, including parks.

9.

Public or private utilities, including, but not limited to: water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electric power generation plants, substations and facilities necessarily accessory thereto.

10.

Business uses as set forth as permitted or special uses in B-2 highway service districts restricted to lots adjoining a major thoroughfare.

C.

Category C: Peripheral transition zone.

1.

Office uses.

2.

Light manufacturing and assembly.

3.

Hotels and motels.

4.

Restaurants, including fast-food restaurants with drive-through facilities.

5.

Business uses as set forth as permitted or special uses in the B-2 highway service district restricted to lots adjoining a major thoroughfare.

6.

Industrial uses permitted under I-2 zoning district.

7.

Banks or other financial institutions with drive-up facilities and automatic teller machines (ATM).

8.

Government offices and facilities; private facilities under government contract usage.

9.

Public or private recreation facilities, including parks.

(c.1)

The following uses are special uses permitted in the I-T district:

Cannabis business establishments including:

A.

Adult-use cannabis cultivation center, adult-use cannabis craft grower, adult-use cannabis processing organization or processor or adult-use infuser organization or infuser, all subject to the following conditions: Maintain 24-hour, seven-day a week security operational coverage; not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; not located within 100 feet of any residential zoning district if the public entrance faces the residential district; and maintenance of exhaust air cleaning system to prevent odor from operations to escape to adjoining or surrounding properties if residential properties are within 500 feet of the facility.

B.

Cannabis transporting organization or transporter, subject to the following conditions: Maintain proper state and village business location registration permit, no on-site storage or cannabis products unless 24-hour, seven-day a week security operational coverage; if on-site storage not located within 250 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-time childcare facility or park district facility or property; any storage of cannabis product must be within a building; if this use abuts a residential district, a berm, opaque fence or wall hedge five to eight feet in height in accordance with the provisions of section 28-253 herein shall be maintained along the lot lines that abut the residential district.

(d)

Site and structure requirements:

A.

Minimum lot area: No minimum lot area is established in the I-T district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

B.

Minimum lot width: 150 feet.

C.

Building setback requirements: (See paragraph F. if adjacent to a residential district.)

Front yard:

Not less than 40 feet, if the maximum building height does not exceed 40 feet (exclusive of towers, lift equipment, HVAC and similar facilities). For buildings with a height in excess of 40 feet, the front yard setback shall be increased by one foot for each additional two feet of building height, to a maximum of 100 feet.

Interior side yard:

Ten feet.

Corner side yard:

15 feet.

Rear yard:

Ten feet.

Exception:

Building setback requirements described above for side and rear yards adjacent to a railroad siding shall not be applicable. In addition, building setbacks for Category A 1 and A 2 uses shall be governed by paragraph G. below.

D.

Green space requirement/Category B and Category C: All lots or parcels shall have a front yard green space in which no improvements other than landscaping shall be permitted (driveways, drainage structures, utility pedestals and boxes and underground utilities shall not be prohibited by this requirement).

Green space setback:

Along public roadways as designated in the concept plan the green space setback shall be 30 feet from the lot line.

Green space landscaping:

The required front yard green space area shall be landscaped with a mixture of trees or shrubs as approved by the village. The remainder of the required area may be landscaped with turf grass or other ground covers approved by the village. Wherever practical, berms should be used in conjunction with the landscaping. (Planting specifications are found in section 28-258.)

E.

Maximum lot coverage. Maximum lot coverage permitted in the I-T District shall be subject only to compliance with the bulk regulations, green space and building setbacks herein specified.

F.

Adjacency to a residential district. Where any yard in this district abuts an existing residential zoning district, no building shall be erected within 50 feet of the residential lot line if the building height does not exceed 40 feet (exclusive of towers, lift equipment, HVAC and similar facilities). For buildings with a height in excess of 40 feet, the setback from a residential lot line shall be increased by one foot for each additional two feet of building height, to a maximum setback of 100 feet.

G.

Green space requirement/Category A uses. For Category A-1 and A-2 uses, green space, setback requirements, berms and required yards shall be shown on the approved concept plan. For all other Category A uses, Category B requirements shall be applied.

H.

Other regulations and standards.

1.

Off-street parking and loading. Off-street parking for Category A 1, A 2, B 1, B 2, B 3 and B 4 uses shall be two spaces for each three employees on the shift with the greatest number of employees. For all other uses, off-street parking and loading shall be provided in accordance with article IX of the Zoning Ordinance. The use of public streets for the staging of trucks or tractor trailers is not permitted.

2.

Landscaping requirements. (See section 28-258 for planting specifications.)

General: The concept plan for each I-T district as approved by the village shall specify those portions of the perimeter of the I-T district that shall be landscaped with a berm. This perimeter area shall be landscaped with a berm, seeded or sodded and improved with trees and shrubs as approved by the village in the concept plan for the I-T district in a minimum ratio of three plantings per 50 feet in berm length. Required berms shall be installed at the time of the stormwater detention facilities. Berm heights shall be dependent upon the difference in elevations of land within the development and outside the development and shall effectively screen permanent and temporary structures within the development from outside adjacent areas utilizing the berm height and plantings herein referred to and required. Berm height is expected to be sufficient to screen structures and operations effectively and shall be a minimum of six feet in height with a minimum four foot level cap area. Where berming is not feasible based upon application of engineering standards of a minimum 3 to 1 ratio rise, dense plantings shall be used. "Dense plantings" are defined as being unable to see through, coniferous and a minimum of six feet in height at time of planting with a reasonable growth rate to reach final growth height to achieve the desired screen effect. All plantings must be maintained to achieve effective screening. Subject to the foregoing requirements, the final design of perimeter berms and berm landscaping shall be subject to the reasonable review and approval of the village zoning administrator.

Category A: No landscaping required except that the village may reasonably require perimeter berms or landscaping to screen such areas from adjacent property, public rights-of-way, or other roadways as set forth in the concept plan approved by the village.

Category B:

(a)

Green space requirement as per paragraph D. above. There shall be a minimum 30-foot landscaped area adjacent to any public road. The landscape buffer provided herein may be included in any calculation of the minimum front yard on any lot. The landscape buffer area shall be landscaped with trees, shrubs or other natural plant material.

(b)

All building main entryways shall be landscaped with trees or shrubs.

(c)

All foundations areas shall be landscaped to a minimum of ten feet at appropriate areas using good landscape planning standards and are subject to village approval.

Category C: All areas within Category C shall be landscaped in accordance with the requirements applicable to Category B above.

Parking: All parking areas within Categories B and C shall be landscaped in accordance with the following:

Curbed, landscaped islands shall be provided at the end of each parking row intended for automobiles. No more than 20 adjacent parking spaces shall be located in a single parking row for automobile parking without a landscaped island.

Required islands or medians shall be a minimum of six feet in width as measured from back of curb to back of curb.

Perimeters of parking areas shall be landscaped to a minimum depth of ten feet from back of curb.

Islands or medians shall be landscaped with trees, shrubs and other ground covers or turf grass. Shrubs and ground covers shall have a maximum height of 30 inches.

3.

Sidewalks: shall be required as approved by the village in the concept plan.

4.

Declaration of covenants, conditions and restrictions.

Contemporaneous with the approval of any final plat of subdivision in an I-T district, the owner and developer shall prepare and record a declaration of covenants, conditions, easement and restrictions for that portion of the development, providing, inter alia, for a property owner's association (which may be an addition to an existing association) with authority to impose assessments for maintenance and improvements within the platted area.

5.

Container handling.

a.

Containers placarded with hazardous materials shall not be stacked.

b.

Containers shall not be stacked more than six units high outside of the wide span crane reach and not more than five units high within the wide span crane reach. Excluding operational areas described in subparagraph e below, the total area utilized for stacked containers shall be limited to 20 percent of the phases completed and shall not exceed 100 acres in total at any time for any category location other than in Category A. Excluding operational areas described in subparagraph e. below, the total area utilized for stacked containers shall be limited to 20 percent of the phases completed and shall not exceed 100 acres.

c.

Thirty-foot drive aisles shall be maintained.

d.

No fastened signage shall be displayed on any container.

e.

Temporary container stacking (not to exceed three units high) shall be permitted in and adjacent to lift-track areas of an intermodal rail yard, as reasonably required for efficient operational handling of inbound and outbound containers.

(e)

Approval process: Procedure: An I-T district shall be considered using the following procedures and may depart from the normal procedures, standards, and other requirements of the zoning ordinance. Applications shall be accompanied by the required plats and documents.

A.

Prehearing procedure, conference: Prior to the filing of an application for approval of an I-T district, the developer shall request an informal meeting with the zoning administrator to discuss the conceptual development of the land in conjunction with the village land use plan. The prehearing conference is mandatory but does not require formal application, fee, or filing of a concept plan.

B.

Concept plan: A concept plan for an I-T district shall be submitted to the president and board of trustees, who shall refer same to the plan commission for public hearing, report, and recommendation as to whether or not the president and board of trustees shall grant approval.

1.

Concept plan requirements: The concept plan shall include, at a minimum, the following information and data:

a.

Boundaries delineating each use Category (A, B, or C) and the proposed limits of each category on the subject property.

b.

Primary and secondary roadways, whether public or private, shall be delineated on the concept plan and labeled as "primary" or "secondary". Local roads or access roads need not be shown.

c.

Any planned permanent open space or conservation areas should be delineated on the concept plan.

d.

Green spaces, perimeter berm and berm specifications.

e.

Any other improvements necessary to portray the overall concept and guide the preliminary plans and final plats and plans should be shown on the concept plan.

2.

Concept plan procedure:

a.

The plan commission shall hold a public hearing on the application, giving notice of the time and place not more than 30 nor less than 15 days before the hearing publishing a notice thereof at least once in [a] newspaper published or having general circulation within the village.

b.

Copies of the concept plan and supporting data shall be submitted to the village engineer and zoning administrator for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.

c.

Following the public hearing and review of the concept plan and supporting data for conformity to these regulations, the plan commission shall within 30 days, recommend approval, modification, or disapprove and the reasons therefor, to the president and village board.

d.

As a condition to the approval of the concept plan, the plan commission shall set forth in a separate communication to the president and board of trustees, findings of fact, on which they base the approval.

e.

The president and board of trustees after receipt of the concept plan from the plan commission, shall approve, modify, or disapprove. In the case of approval, or approval with modification, the village board shall pass an ordinance approving the concept plan and indicate their approval upon the plat, and arrange zoning modifications as necessary. The village board may require such special conditions as they may deem necessary to ensure conformance with the intent of the village comprehensive plan, and the stated purposes of this zoning district.

f.

Approval of a concept plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the design concept and site submitted on the concept plan and a guide to the preparation of the final plat which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. Final plats shall be approved if they conform to the purpose and intent of the concept plan.

C.

Preliminary plan:

1.

Preliminary plan requirements: A preliminary plan shall be prepared by the developer and submitted for each individual lot development. The preliminary plan shall conform substantially with the approved concept plan. The preliminary plan requirements shall include individual lot development and include site plan, landscape plan, lighting plan, photometric plan and building elevations.

2.

Preliminary plan procedure:

a.

The zoning administrator shall review and decide the compliance of each preliminary plan with these I-T district regulations and the approved concept plan.

b.

The zoning administrator shall either approve or disapprove (stating the reasons for such disapproval) of a preliminary plan within 30 days after receipt thereof from the developer.

c.

The president and board of trustees shall hear the appeal of any decision by the zoning administrator to disapprove a preliminary plan.

D.

Final plat and final engineering plan:

1.

Final plat and final engineering plan requirements: The final plat and final engineering plan shall conform substantially with the approved concept plan and approved preliminary plan.

2.

Final plat and final engineering plan procedure: The final plat and final engineering plan procedure for an I-T district shall be the same as those established in chapter 23 of the Crete Municipal Code.

3.

Construction permits: The developer may apply for and obtain permits for site grading and construction prior to final approval of a final plat for the development site, but an occupancy permit shall not be issued until the final plat is approved. Work done is at the risk of the developer; if such work done is not in compliance with later approved plans or permits, any such work will be required to be removed or replaced.

(f)

Changes in the I-T district: The I-T district project shall be developed only according to the approved concept plan and final engineering plans. Individual development sites shall be developed only in accordance with the approved preliminary plan and all supporting data for each such site. The concept plan, preliminary plan, final plat and supporting data, together with all recorded amendments shall be binding on applicant, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures in the I-T district.

A.

Major changes. Changes which materially alter the concept or intent of the development may be approved only by submission of a new concept plan and supporting data and following the "preliminary approval" steps and subsequent amendment of the concept plan and preliminary plan. It is acknowledged that a development of the scale which this zoning district is designed to handle will need to be responsive to changing economic conditions. Changes in the concept plan, preliminary plan and final plan and plat initiated by the developer may be approved or rejected at regular or special meetings of the village board.

All changes to the final plat shall be recorded with the county recorder of deeds as amendments to the final plat or reflected in the recording of a new "corrected final plat."

B.

Minor changes: The village board may approve minor changes, errors, or omissions, in the development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. Minor changes shall be any changes which are not material changes to the concept or intent of the development.

(g)

Findings required: The plan commission shall provide findings of fact setting forth the reasons for its recommendation, and the findings shall set forth with particularity in which respect the proposal would serve the public interest including, but not limited to, findings of fact on the following:

A.

The extent to which the proposed concept plan is consistent with the stated purpose of the I-T district regulations.

B.

The extent to which the proposed concept plan meets the requirements and standards of this zoning district.

C.

The physical design of the proposed concept plan and the manner in which said design makes adequate provision for public services and provides adequate control over vehicular traffic.

D.

The relationship of the proposed concept plan to the adjacent properties and neighborhood.

E.

The desirability of the proposed concept plan to physical development, tax base and economic well-being of the entire community.

F.

Conditions and guarantees: Prior to the approval of a concept plan, the plan commission may recommend, and the village board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the I-T district development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards specified. In all cases in which an I-T district is granted, the village board shall require such evidence and guarantees as are appropriate to ensure compliance with the conditions set forth in the development approval.

(h)

Other provisions inapplicable: The sections (or portions thereof) of the zoning ordinance shall be inapplicable to Category A, B and C development in the I-T district:

Section 28-144

Section 28-246

Section 28-249

Section 28-250(f)

Section 28-250(g)

Section 28-250(h)

Section 28-253(c)

Section 28-253(d)

Section 28-253(i)

Section 28-254

Section 28-255

Section 28-258(b)

Section 28-258(g)

Section 28-259(1)

Section 28-259(2)

Section 28-259(6)

Section 28-259(7)

(Ord. No. 2007-05, § 2, 2-12-07; Ord. No. 2017-33, § 2, 10-23-17; Ord. No. 2019-23, § 3, 12-23-19)