The industrial districts are provided to support and complement the DuPage County Comprehensive Plan including: a) the land use plan, b) the Year 2005 Street and Highway Plan and c) the development goals and policies, as amended, which guide the compatible shaping of the present and future land use needs in DuPage County. The industrial district requirements are further intended to govern the location, intensity and methods of development of industrial areas in DuPage County. The regulations for each district are designed to provide protection for existing developments while allowing new construction in accordance with current design standards.

The regulations further provide for groupings of industrial buildings, which are compatible with each other in scope of services and methods of operation. The districts are designed to create yards and open space to create a transition between residence and industrial districts to provide reasonable capability between uses. Smoke and particulate matter, vibration, glare, odor and noise are controlled by performance standards.

(2005 Code)

Buildings, structures, or uses of land as hereinafter listed, shall be permitted in industrial districts indicated under the conditions specified. Except as hereinafter provided, no building shall be used and no lot or tract of land shall be devoted to any use other than a permitted use or conditional use as provided in the zoning district where such building, structure, use, lot or tract of land shall be located with the exception of the following:

A.

Use lawfully established on the effective date of this chapter.

B.

Conditional uses allowed in accordance with the provisions of Section 37-1000.2 of this chapter.

C.

Buildings, structures or uses already established on the effective date of this chapter and rendered nonconforming by the provisions hereof, shall be subject to the regulations of Article V of this chapter.

(2005 Code)

Conditional uses, as hereinafter listed in the zoning districts, may be allowed subject to the granting of a conditional use in accordance with the provisions of Section 37-1413 of this chapter.

(2005 Code)

Lot size requirements shall be as specified in each industrial district in Part 2 of this article.

(2005 Code)

Yards shall be required as specified under each zoning district in Part 2 of this article. In addition, the following regulations shall be complied with:

A.

Except as provided in Section 37-406 of this chapter, and except as hereinafter provided, all yards shall be open and unobstructed from the ground level to the sky.

B.

Where a lot has frontage abutting an arterial street and a major collector street, the arterial street line shall be the front lot line.

C.

Where a lot has frontage abutting a major collector street and a lower classification street, the major collector street line shall be the front lot line.

D.

Where a lot has frontage abutting two (2) streets having an identical classification, the Director, Department of Economic Development and Planning, shall determine the location of the front line of the zoning lot.

(2005 Code)

Building bulk requirements shall be expressed in terms of minimum yard requirements and maximum building heights, or in terms of floor area ratio (FAR) as prescribed in each zoning district in Part 2 of this article.

(2005 Code)

Signs shall be permitted in accordance with the provisions set forth in Article XI of this chapter.

(2005 Code

Off-street parking and loading facilities accessory to uses allowed in the industrial districts shall be provided in accordance with the regulations established in Article XII of this chapter.

(2005 Code)

Permitted or conditional uses established in the industrial districts shall comply with all "required conditions."

A.

Except for miniwarehouses or individual incubator business or office buildings, no more than one (1) principal building, structure, or use shall be located on a zoning lot within these districts except by a planned development.

B.

Every use, unless expressly exempted by this chapter, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after each use exempted.

C.

Except for open sales lots, all outdoor storage areas of goods, products, materials, supplies, machinery, equipment or commercial vehicles and outdoor trash containers shall be enclosed with a fence or a landscaping screen or any combination thereof, which shall result in a full landscape screen to a height of not less than six feet (6′) above grade, according to the provisions of Section 37-419, "Landscaping," of this chapter.

D.

Except as otherwise provided by conditional use herein, establishments of the drive-in or drive-through type are prohibited.

E.

Buildings existing on the date of adoption of this chapter may be converted to permitted or conditional uses in compliance with the zoning ordinance, the building code, and any other applicable state or County Ordinances after review and approval by the County Development Committee of the County Board.

F.

All uses in the industrial districts, unless expressly exempted by this chapter, shall comply with Part 3 of this article; the exemption of a use from the performance standards will be indicated by the phrase "need not comply with performance standards."

G.

All requests for uses or building permits in the industrial districts, noted by a footnote in this chapter, may not be required to be accompanied by a certificate from a scientific research laboratory or consultant approved by the County Board certifying compliance with the performance standards as required in Section 37-1003, as determined by the Director, Department of Economic Development and Planning.

H.

Temporary buildings, structures and uses shall be reviewed and approved by the Director, Department of Economic Development and Planning, prior to being established on a zoning lot in these districts. The director shall have the authority to establish reasonable terms and conditions for the temporary building, structure or use including, but not limited to, location on the lot, parking, time limit and enclosure except as otherwise provided for in Section 37-408 of this chapter.

(2005 Code)

Reserved.

(2005 Code)

The I-1 light industrial district is intended to provide areas for the development of manufacturing and industrial uses in close proximity to residential and business uses. The district regulations are structured to provide for the operation of a wide range of manufacturing uses, wholesaling and warehousing activities and limited retail and service business uses.

(2005 Code)

The following uses are permitted:

General uses:

Adult use business uses, subject to the requirements of Sections 37-416 through 37-416.2 of this chapter.

Any manufacturing, fabricating, processing, packing and storage uses, provided such uses conform with the requirements set forth in Part 1 of this article, and with the performance standards in Section 37-1003 of this article.

Bakeries, five thousand (5,000) square feet or less of building area, need not comply with performance standards.

Beverages, bottling and distribution.

Contractors or construction offices and shops such as but not limited to building, concrete, electrical, masonry, painting, plumbing, refrigeration and roofing, need not be enclosed.

Dairy products processing.

Dry cleaning and laundry establishments.

Laboratories, research and testing establishments.

Landscape contractor's office and storage yard.

Mail order houses.

Medical cannabis dispensaries subject to the requirements of section 37-426 of this chapter.

Printing and publishing establishments.

Sheet metal shops.

Warehousing, storage and distribution facilities not including motor freight terminals.

Adult-use cannabis uses:

Adult-use cannabis craft grower where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than five (5) acres of land area.

d.

All buildings for an adult-use cannabis craft grower shall be set back not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side, corner side, or rear lot line.

e.

The use shall be located at least one thousand five hundred (1,500) feet of another craft grower or a cultivation center.

f.

The use shall be located at least two thousand five hundred (2,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home.

Adult-use cannabis cultivation center where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than five (5) acres of land area.

d.

All buildings for an adult-use cannabis cultivation center shall be set back not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side, corner side, or rear lot line.

e.

The use shall be located at least two thousand five hundred (2,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home.

Adult-use cannabis dispensing organization where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than twenty-five thousand (25,000) square feet of land area.

d.

The use shall not be operated in an existing single-family home or dwelling unit.

e.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section,

f.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing adult-use cannabis dispensing organization, unless the subject use will be operated with a State of Illinois license for a social equity/social equity justice dispensing organization.

Adult-use cannabis infuser organization or infuser where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than twenty-five thousand (25,000) square feet of land area.

d.

The use shall not be operated in an existing single-family home or dwelling unit.

e.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

Adult-use cannabis transporting organization or transporter where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than twenty-five thousand (25,000) square feet of land area.

d.

The use shall not be operated in an existing single-family home or dwelling unit.

e.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

Place of assembly including:

a.

Private club, lodge and fraternal organization.

b.

Public and private library, museum and art gallery.

c.

Religious institution: chapel, church, synagogue, temples, mosques and other religious institutions including parsonages and rectories.

Recreational facilities.

Community theaters, amateur.

Health clubs.

Racquet facilities and similar sports activities, need not be enclosed.

Swim clubs, need not be enclosed.

Retail businesses:

Agricultural implements sale and service, need not be enclosed ⁶ .

Boats, campers, mobile homes and recreational van sales, need not be enclosed ⁷ .

Building material sales and storage, need not be enclosed ⁸ .

Convenience store: Establishment where pre-packaged foods and beverages are sold for off premises consumption and may include video gaming terminal establishments. Any convenience store that also has a video gaming terminal establishment must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another convenience store that also has a video gaming terminal establishment.

Greenhouses and nurseries, including retail and wholesale, need not be enclosed ⁹ .

Ice sales and storage ¹⁰ .

Motor vehicles, trucks, and equipment including new sales and service and/or rental of this equipment.

Restaurants - carryout, class A, B, and C and may include video gaming establishments and video gaming café. Video gaming café or any class B or C restaurant use that also has a video gaming terminal establishment must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another video gaming café or class B or C restaurant that also has a video gaming terminal establishment.

Truck stop, large: May include video gaming terminals. Any large truck facility that also has video gaming terminals must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another large truck facility that also has a video gaming terminals.

Truck stop, small: May include video gaming terminals. Any small truck facility that also has video gaming terminals must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another small truck facility that also has a video gaming terminals.

Service businesses ¹¹ :

Animal pounds and shelters.

Automobile repair garages.

Automobile service stations and may include video gaming establishments. Any automobile service station that also has a video gaming terminal establishment must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another automobile service station that also has a video gaming terminal establishment. Automobile service stations, including Level 3 (DC fast) charging stations, shall not be eligible for yard reductions by conditional use.

Banks and financial institutions.

Currency exchanges.

Offices (business, professional, governmental, or medical).

Parking garages and lots, for motor vehicles.

Quick print shops.

Self-storage facility.

Trails for recreation or transportation by foot, horse, or nonmotorized vehicles.

Level 1 and Level 2 charging stations are permitted in every zoning district, when accessory to the primary permitted use of said district. Charging stations located at single-family and multiple-family uses shall be designated as private use only. Installation of Level 2 charging stations shall be subject to building permit approval.

(2005 Code; Ord. T-2-11, Exh. 1(13), 10-11-2011; Ord. T-1-14, § 7, 11-25-2014; Ord. No. T-1-22, 10-25-2022; Ord. No. DC-O-0043-24, 6-25-2024; Ord. No. DC-O-0056-24, 8-27-2024)

The following conditional uses require prior approval after a public hearing in accordance with the requirements of Section 37-1413 of this chapter:

Airports and heliports, need not be enclosed, need not comply with performance standards.

Amusement arcades in conjunction with Class C restaurants, need not comply with performance standards.

Automobile laundries.

Bakeries, exceeding five thousand (5,000) square feet of building area, need not comply with performance standards.

Damaged vehicles (temporary storage) where damaged vehicles, machinery, boats, or equipment drawn or operated by attaching motor vehicles or other mechanical units are stored for periods of time not to exceed ninety (90) days and where no service, maintenance or salvage activities are performed. Damaged vehicles stored may be auctioned on site, need not be enclosed ¹² .

Drive-in and drive-through establishments ¹³ .

Freight terminals including air, motor and rail.

Fuel distribution, gasoline, L-P gas, liquid natural gas, need not be enclosed.

Medical cannabis cultivation center subject to the requirements of section 37-426 of this chapter.

Municipal solid waste transfer facility/waste transfer station.

Open storage: Any open storage of manufactured goods, equipment or materials, including the storage of commercial vehicles and equipment, need not be enclosed.

Planned developments ¹⁴ .

Private utilities.

Public garages.

Public utilities and/or service type uses:

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

Railroad passenger stations when not located on railroad property.

Towers and antennas, commercial, for radio, television and telephone transmitting, receiving or relay stations, need not be enclosed.

Wastewater treatment plants, need not be enclosed.

Waterworks, reservoirs, pumping stations, filtration plants and wells, need not be enclosed.

Other governmental and utility service uses.

Race tracks, need not be enclosed.

Place of assembly including:

a. Private club, lodge and fraternal organization.

b. Public and private library, museum and art gallery.

c. Religious institution: chapel, church, synagogue, temples, mosques and other religious institutions including parsonages and rectories.

Racquet facilities and similar sports activities, need not be enclosed.

Recreational facilities.

Swim clubs, need not be enclosed.

Theaters, automobile drive-in.

Trade schools and other institutions of higher learning, including accessory structures and facilities necessary for the operation of such educational uses.

Wholesale establishments.

Other uses: Other industrial uses similar in nature and intensity to the permitted uses listed in Section 37-1001.1 of this chapter.

(2005 Code; Ord. T-2-11, Exh. 1(14), 10-11-2011; Ord. T-1-14, § 9, 11-25-2014; Ord. No. T-1-17, 2-13-2018; Ord. No. DC-O-0056-24, 8-27-2024)

Except as hereinafter provided, a separate minimum ground area, herein called the zoning lot, shall be designated, provided and continuously maintained for each building containing a permitted or conditional uses.

Notwithstanding Section 37-1000.4 of this chapter, and except as otherwise provided herein, yards shall be required in the I-1 district as follows:

A.

Minimum Yard and FAR Required:

(1)

For zoning lots with a minimum area of one (1) acre, the floor area ratio shall not exceed F.A.R. 0.40. Self-storage facilities shall not exceed F.A.R. 0.80.

B.

Use of Required Yards:

1.

Yards Facing Existing or Proposed Streets: Without reduction by conditional use procedure, yards facing existing or proposed streets may be utilized for site access, fire access, site identification and landscaping.

2.

Yards Adjacent to Interior Side/Rear Property Lines: Without reduction by conditional use procedure, yards adjacent to interior side/rear property lines may be utilized for site access, fire access, site identification and landscaping.

3.

Yards Facing Interior Private Circulation Streets: Any yard facing an interior private circulation street shall be maintained for site access, fire access, site identification and landscaping. No reduction permitted.

4.

Yards Adjacent to Tollway, Freeway and Limited Access Highways: All yards required along tollways, freeways and limited access highways shall be maintained for landscaping. No reduction permitted.

C.

Reduction of Required Yards for Parking: Except otherwise provided in Subsection D. of this section, and Section 37-1411 of this chapter, accessory off-street parking, on site circulation and loading shall be prohibited in all required yards.

D.

Reduction and Use of Yards by Conditional Use Procedure: Where a property owner requests a reduction in required yards by conditional use procedure, such property owner shall agree to site plan review for access control, signage control, lighting and landscaping, and shall file a petition for such zoning relief pursuant to Section 37-1413 of this chapter.

1.

Reduction of Yards Allowed:

a.

Any yard along a front or corner side lot line may be reduced fifty percent (50%) or to the width of the required landscape yard, whichever reduction is less.

b.

Any yard along an interior side or rear lot line which is not adjacent to a residential zoning district may be reduced fifty percent (50%) or to the width of the required landscape yard, whichever reduction is less.

c.

Each yard so reduced in Subsection D.1.a. or D.1.B. of this section shall be required to maintain a landscape screen in the landscape yard according to the requirements of Section 37-419, "Landscaping," of this chapter.

d.

One (1) yard along an interior side lot line which is not adjacent to a residential zoning district may be reduced to zero provided that:

(1)

The adjacent nonresidential lot also requests the interior side yard reduction to zero.

(2)

Both lots agree by easement or covenant to provide shared parking facilities.

(3)

Both lots agree by easement or covenant to provide only one (1) common access drive to the two (2) parcels from the adjacent thoroughfare.

(4)

The shared parking facilities on both lots provide a minimum of ten percent (10%) interior landscaping.

(5)

Each lot provides landscape screens according to the provisions of Section 37-419, "Landscaping," of this chapter in the remaining front, rear and side yards.

e.

Yard reduction by conditional use procedure shall not be granted by the County Board in conjunction with any further yard reduction by variation procedure for the same yard.

f.

Required yards adjacent to tollways, freeways and limited access highways may not be reduced by conditional use procedure.

2.

Use of Yards Adjacent to Front/Corner Side Property Lines: Within the area permitted by reduction (interior portion) such yard may also be utilized for circulation and off-street parking.

3.

Use of Yards Adjacent to Interior Side/Rear Property Lines: Within the area permitted by reduction (interior portion) such yard may also be utilized for circulation and off-street parking.

(2005 Code; Ord. No. T-1-22, 10-25-2022)

(2008 Code)

See Article XI of this chapter.

(2005 Code)

See Article XII of this chapter.

Any permitted or conditional use may utilize up to twenty percent (20%) of the interior portion of any required yard for accessory off-street parking, on site circulation or loading. Any such use which does utilize up to twenty percent (20%) or any required yard for parking, circulation or loading shall be subject to the provisions of Sections 37-415, "Site Plan Review," and 37-419, "Landscaping," of this chapter.

(2005 Code)

Reserved.

(2005 Code)

Reserved.

(2005 Code)

The I-2 general industrial district is intended to provide areas where a wide variety of intensive industrial uses may be located. Regulations are provided to ensure adequate spacing between buildings and the district boundary of the I-2 general industrial district and other zoning districts.

(2005 Code)

The following uses are permitted:

General uses:

Adult business uses, subject to the requirements of Section 37-416 through 37-416.2 of this chapter.

Any manufacturing, fabricating, processing, packaging and storage uses, provided such uses conform with the requirements set forth in Part 1 of this article, and with the performance standards in Section 37-1003 of this article.

Bakeries, five thousand (5,000) square feet or less of building area, need not comply with performance standards.

Beverage bottling and distribution.

Boot and shoe manufacture.

Car and truck laundries, (noncommercial).

Commercial microwave towers, need not be enclosed.

Contractors or construction offices and shops such as, but not limited to, building, concrete, electrical, masonry, painting, plumbing, refrigeration and roofing, need not be enclosed.

Community theaters, amateur.

Dairy products processing.

Dry cleaning and laundry establishments.

Electronic and scientific precision instruments manufacture.

Food manufacture, packaging and processing.

Fuel distribution, gasoline, L-P gas, liquid natural gas, need not be enclosed.

Furniture, bedding and carpet manufacture.

Glass products, production and sales.

Health clubs.

Laboratories, research and testing establishments.

Landscape contractor's office and storage yard.

Light machinery production.

Machine shops.

Mail order houses.

Medical cannabis dispensaries subject to the requirements of section 37-426 of this chapter.

Paper products manufacture.

Place of assembly including:

a.

Private club, lodge and fraternal organization.

b.

Public and private library, museum and art gallery.

c.

Religious institution: chapel, church, synagogue, temples, mosques and other religious institutions including parsonages and rectories.

Pottery and ceramics manufacture.

Printing and publishing establishments.

Public utilities and/or service type uses.

Essential services including fully automated gas regulating stations, telephone exchanges and electric substations, need not be enclosed.

Railroad passenger stations when not located on railroad property.

Towers and antennas, commercial, for radio, television and telephone transmitting, receiving or relay stations, need not be enclosed.

Wastewater treatment plants, need not be enclosed.

Waterworks, reservoirs, pumping stations, filtration plants and wells, need not be enclosed.

Other governmental and utility service uses.

Racquet facilities and similar sports activities, need not be enclosed.

Recreational facilities.

Sheet metal shops.

Stone products manufacture, need not be enclosed.

Swim clubs, need not be enclosed.

Trade schools and other institutions of higher learning, including accessory structures and facilities necessary to the operation of such educational uses.

Trails for recreation or transportation by foot, horse, or nonmotorized vehicles.

Warehousing, storage and distribution facilities not including a motor freight terminal, need not be enclosed.

Wearing apparel manufacture.

Woodworking.

Adult-use cannabis uses:

Adult-use cannabis craft grower where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than five (5) acres of land area.

d.

All buildings for an adult-use cannabis craft grower shall be set back not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side, corner side, or rear lot line.

e.

The use shall be located at least one thousand five hundred (1,500) feet of another craft grower or a cultivation center.

f.

The use shall be located at least two thousand five hundred (2,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home.

Adult-use cannabis cultivation center where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than five (5) acres of land area.

d.

All buildings for an adult-use cannabis cultivation center shall be set back not less than one hundred fifty (150) feet from the front lot line and not less than thirty (30) feet from any side, corner side, or rear lot line.

e.

The use shall be located at least two thousand five hundred (2,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home.

Adult-use cannabis dispensing organization where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than twenty-five thousand (25,000) square feet of land area.

d.

The use shall not be operated in an existing single-family home or dwelling unit.

e.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home, Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section,

f.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing adult-use cannabis dispensing organization, unless the subject use will be operated with a State of Illinois license for a social equity/social equity justice dispensing organization.

Adult-use cannabis infuser organization or infuser where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than twenty-five thousand (25,000) square feet of land area.

d.

The use shall not be operated in an existing single-family home or dwelling unit.

e.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

Adult-use cannabis transporting organization or transporter where the subject use shall comply with the following criteria:

a.

Affidavit at time of building permit application, verifying compliance with state license.

b.

The use shall be located adjacent to an "other principal arterial roadway," as defined by the DuPage County Division of Transportation.

c.

The use shall be located on a zoning lot containing not less than twenty-five thousand (25,000) square feet of land area.

d.

The use shall not be operated in an existing single-family home or dwelling unit.

e.

The use shall be located at least one thousand five hundred (1,500) feet from a pre-existing, public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or group home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

Retail businesses ¹⁷ :

Agricultural implements sales and service, need not be enclosed.

Boats, campers, mobile homes, and recreational van sales, need not be enclosed.

Building material sales and storage, need not be enclosed.

Convenience Store: Establishment where pre-packaged foods and beverages are sold for off premises consumption and may include video gaming terminal establishments. Any convenience store that also has a video gaming terminal establishment must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another convenience store that also has a video gaming terminal establishment.

Greenhouses and nurseries, including retail and wholesale sales, need not be enclosed.

Ice sales and storage.

Motor vehicles, trucks, and equipment, including new sales and service and/or rental of this equipment.

Restaurants - carryout, class A, B, and C and may include video gaming establishments and video gaming café. Video gaming café or any class B or C restaurant use that also has a video gaming terminal establishment must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another video gaming café or class B or C restaurant that also has a video gaming terminal establishment.

Truck stop, large: May include video gaming terminals. Any large truck facility that also has video gaming terminals must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another large truck facility that also has a video gaming terminals.

Truck stop, small: May include video gaming terminals. Any small truck facility that also has video gaming terminals must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another small truck facility that also has a video gaming terminals.

Service businesses ¹⁸ :

Animal pounds and shelters.

Automobile repair garages.

Automobile service stations and may include video gaming terminal establishments. Any automobile service station that also has a video gaming terminal establishment must be located at least one thousand (1,000) feet from a place of assembly use, school or day care facility and another automobile service station that also has a video gaming terminal establishment. Automobile service stations, including Level 3 (DC fast) charging stations, shall not be eligible for yard reductions by conditional use.

Banks and financing institutions.

Currency exchanges.

Offices (business, professional, governmental, or medical).

Parking garages and lots, for motor vehicles.

Quick print shops.

Self-storage facility.

Level 1 and Level 2 charging stations are permitted in every zoning district, when accessory to the primary permitted use of said district. Charging stations located at single-family and multiple-family uses shall be designated as private use only. Installation of Level 2 charging stations shall be subject to building permit approval.

(2005 Code; Ord. T-2-11, Exh. 1(14), 10-11-2011; Ord. T-1-14, § 8, 11-25-2014; Ord. No. T-1-22, 10-25-2022; Ord. No. DC-O-0043-24, 6-25-2024; Ord. No. DC-O-0056-24, 8-27-2024)

The following conditional uses require prior approval after a public hearing in accordance with the requirements of Section 37-1413 of this chapter:

Airports and heliports, need not be enclosed, need not comply with performance standards.

Amusement arcades in conjunction with Class C restaurants, need not comply with performance standards.

Automobile salvage and crushing, shredding, and storage of junked vehicles, including the operation of scrap metal establishments engaged in the processing of scrap metal for resale, need not be enclosed.

Bakeries exceeding five thousand (5,000) square feet of building area, need not comply with performance standards.

Boiler and tank manufacturing.

Bulk storage of chemical or petroleum products, need not be enclosed.

Car and truck laundries, (public).

Concrete and/or asphalt batching plants, need not be enclosed.

Damaged vehicles (temporary storage) where damaged vehicles, machinery, boats, or equipment drawn or operated by attaching motor vehicles or other mechanical units are stored for periods of time not to exceed ninety (90) days and where no service, maintenance or salvage activities are performed. Damaged vehicles stored may be auctioned on site, need not be enclosed.

Drive-in and drive-through establishments.

Freight terminals including air, motor and railroad.

Medical cannabis cultivation center subject to the requirements of section 37-426 of this chapter.

Mining, loading and hauling of sand, gravel, topsoil, or other aggregate, including equipment, buildings, or structures for screening, crushing, washing and storage, need not be enclosed.

Municipal solid waste transfer facility/waste transfer station.

Open storage. Any open storage of manufactured goods, or equipment or materials, including storage of commercial vehicles and equipment, need not be enclosed.

Planned developments.

Private utilities.

Public garages.

Race tracks, need not be enclosed.

Recreational facilities.

Sanitary landfills.

Stadiums, auditoriums, arenas and armories.

Theaters, automobile drive-in.

Other uses: Other industrial uses similar in nature and intensity of the permitted uses listed in Section 37-1002.1 of this chapter.

(2005 Code; Ord. T-2-11, Exh. 1(14), 10-11-2011; Ord. T-1-14, § 10, 11-25-2014; Ord. No. T-1-17, 2-13-2018; Ord. No. DC-O-0056-24, 8-27-2024)

Except as hereinafter provided a separate minimum ground area, herein called the zoning lot, shall be designated, provided and continuously maintained for each building containing a permitted or conditional use.

A.

Minimum Lot Area: Not less than one (1) acre.

B.

Minimum Lot Width: Not less than one hundred fifty feet (150′).

(2005 Code)

Notwithstanding Section 37-1000.4 of this chapter, and except as otherwise provided herein, yards shall be required in the I-2 district as follows:

A.

Minimum Yard and FAR Required:

(1)

Self-storage facilities shall not exceed FAR 0.80.

B.

Use of Required Yards:

1.

Yards Facing Existing or Proposed Streets: Without reduction by conditional use procedure, yards facing existing or proposed streets may be utilized for site access, fire access, site identification and landscaping.

2.

Yards Adjacent to Interior Side/Rear Property Lines: Without reduction by conditional use procedure, yards adjacent to interior side/rear property lines may be utilized for site access, fire access, site identification and landscaping.

3.

Yards Facing Interior Private Circulation Streets: Any yard facing an interior private circulation street shall be maintained for site access, fire access, site identification and landscaping. No reduction permitted.

4.

Yards Adjacent to Tollway, Freeway and Limited Access Highways: All yards required along tollways, freeways and limited access highways shall be maintained for landscaping. No reduction permitted.

C.

Reduction of Required Yards for Parking: Except as otherwise provided in Subsection D. of this section, and Section 37-1411 of this chapter, accessory off-street parking, on site circulation and loading shall be prohibited in any required yard.

D.

Reduction and Use of Yards by Conditional Use Procedure: Where a property owner requests a reduction in required yards by conditional use procedure, such property owner shall agree to site plan review for access control, signage control, lighting and landscaping, and shall file a petition for such zoning relief pursuant to Section 37-1413, "Conditional Uses," of this chapter.

1.

Reduction of Yards Allowed:

a.

Any yard along a front or corner side lot line may be reduced fifty percent (50%) or to the width of the required landscape yard, whichever reduction is less.

b.

Any yard along an interior side or rear lot line which is not adjacent to a residential zoning district may be reduced fifty percent (50%) or to the width of the required landscape yard, whichever reduction is less.

c.

Each yard so reduced in Subsection D.1.a. or D.1.b. of this section shall be required to maintain a landscape screen in the landscape yard according to the requirements of Section 37-419, "Landscaping," of this chapter.

d.

One (1) yard along an interior side lot line which is not adjacent to a residential zoning district may be reduced to zero provided that:

(1)

The adjacent nonresidential lot also requests the interior side yard reduction to zero.

(2)

Both lots agree by easement or covenant to provide shared parking facilities.

(3)

Both lots agree by easement or covenant to provide only one (1) common access drive to the two (2) parcels from the adjacent thoroughfare.

(4)

The shared parking facilities on both lots provide a minimum of ten percent (10%) interior landscaping.

(5)

Each lot provides landscape screens according to the provisions of Section 37-419, "Landscaping," of this chapter in the remaining front, rear and side yards.

e.

Yard reduction by conditional use procedure shall not be granted by the County Board in conjunction with any further yard reduction by variation procedure for the same yard.

f.

Required yards adjacent to tollways, freeways and limited access highways may not be reduced by conditional use procedure.

2.

Use of Yards Adjacent to Front/Corner Side Property Lines: Within the area permitted by reduction (interior portion) such yard may also be utilized for circulation and off-street parking.

3.

Use of Yards Adjacent to Interior Side/Rear Property Lines: Within the area permitted by reduction (interior portion) such yard may also be utilized for circulation and off-street parking.

(2005 Code; Ord. No. T-1-22, 10-25-2022)

See Article XI of this chapter.

(2005 Code)

See Article XII of this chapter.

Any permitted or conditional use may utilize up to twenty percent (20%) of the interior portion of any required yard for accessory off-street parking, on site circulation or loading. Any such use which does utilize up to twenty percent (20%) of any required yard for parking, circulation or loading shall be subject to the provisions of Sections 37-415, "Site Plan Review," and 37-419, "Landscaping," of this chapter.

(2005 Code)

Reserved.

(2005 Code)

Reserved.

(2005 Code)

Any use established as hereinafter identified in any zoning district in unincorporated DuPage County shall be so constructed and operated as to comply with the performance standards hereinafter set forth governing vibrations, air pollution, toxic substances, water pollution, fire and explosive hazards and glare. No use already established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards applicable to such uses.

(2005 Code)

Amplitude: The maximum displacement of the earth from the normal rest position. Displacement is usually reported as inches or mils.

Discrete impulses: A ground transmitted vibration stemming from a source where specific pulses do not exceed sixty (60) per minute (or one (1) per second).

Frequency: The number of times that a displacement completely repeats itself in one (1) second of time. Frequency may be designated in cycles per second (cps) or hertz (Hz).

Impact: An earthborne vibration generally produced by two (2) or more objects striking each other so as to cause separate and distinct pulses.

Nighttime hours: 10:00 p.m. to 7:00 a.m., local time.

Particle velocity: A characteristic of vibration that depends on both displacement and frequency. If not directly measured, it can be computed by multiplying the frequency by the amplitude times the factor 6.28. The particle velocity will be in inches per second, when the frequency is expressed in cycles per second and the amplitude in inches.

Seismograph: An instrument which measures vibration characteristics simultaneously in three (3) mutually perpendicular planes. The seismograph may measure displacement and frequency, particle velocity, or acceleration.

Steady state: A vibration which is continuous, as from a fan, compressor or motor.

Vibration: A reciprocating motion transmitted through the earth, both in horizontal and vertical planes.

(2005 Code)

Ground transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement, particle velocity, or acceleration and frequency simultaneously in three (3) mutually perpendicular directions.

(2005 Code)

Table 1 of this section designates the applicable lines of Table 2 of this section that apply on or beyond adjacent lot lines within the zone, and on or beyond appropriate district boundaries. Vibration shall not exceed the maximum permitted particle velocities in Table 2 of this section. Where more than one (1) set of vibration levels apply, the most restrictive shall govern. Readings may be made at points of maximum vibration intensity.

TABLE 1
Applicable Line of Table 2

The maximum permitted peak particle velocities that correspond to the above designations are as follows:

TABLE 2
Steady-State Vibration Limits

The maximum particle velocity shall be in the maximum vector sum of three (3) mutually perpendicular components recorded simultaneously. Particle velocity may also be expressed as 6.28 times the displacement in inches multiplied by the frequency in hertz (cycles per second).

For purposes of this regulation, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute. Discreet impulses which do not exceed sixty (60) per minute shall be considered impact vibrations.

The values presented in Table 2 of this section shall be doubled for impact vibrations.

(2005 Code

Opacity: A condition which renders material partially or wholly impervious to transmittance of light and causes obstruction of an observer's view. For the purpose of these regulations, the following equivalence between opacity and Ringelmann shall be employed:

Particulate matter: Any solid or liquid material, other than water, which exists in finely divided form.

Ringelmann chart: The chart published and described in the Bureau of Mines, U.S. Department of Interior, Information Circular 8333 (Revision of IC 7718) May 1, 1967, or any adaptation thereof, which has been approved by DuPage County.

Smoke: Small gas borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash and other combustible material, that form a visible plume in the air.

(2005 Code)

In the R-1, R-2, R-3, R-4, R-5, R-6, R-7 residence districts, the B-1, B-2 business districts, the O office district, the O-R office research and the I-1 light industrial districts, no person shall cause or allow emission of smoke or other particulate matter into the atmosphere having an opacity greater than ten percent (10%).

In the I-2 general industrial district, no persons shall cause or allow the emission of smoke or other particulate matter into the atmosphere having an opacity greater than twenty percent (20%).

The emissions of smoke or other particulate matter from any emission source may have an opacity greater than twenty percent (20%), but not greater than forty percent (40%) for a period or periods aggregating three (3) minutes in any sixty (60) minute period, providing that such more intense (opaque) emission permitted during any sixty (60) minute period shall occur from only one (1) such emission source located within a one thousand foot (1,000′) radius from the center point of any other such emission source owned or operated by such person and provided further that the more intense (opaque) emission(s) permitted from each fuel combustion emission source shall be limited to three (3) times in any twenty-four (24) period.

Opacity limitations shall not apply to emission of uncombined water or water vapor. The determination of opacity of a smoke or particulate emission shall be in accordance with the procedures, adopted by the State of Illinois Air Pollution Control Regulations.

(2005 Code)

In the R-1, R-2, R-3, R-4, R-5, R-6, R-7 residence districts, the B-1, B-2 business districts, the O office district, the O-R office research and I-1 light industrial districts, no persons shall cause or allow the emission of particulate matter, through one (1) or more stacks, vents, ducts, or chimneys into the atmosphere in excess of one (1) pound per hour per acre of property or five (5) tons per year per acre of property, whichever is less.

In the I-2 general industrial district, no persons shall cause or allow the emission of particulate matter, through one (1) or more stacks, vents, ducts, or chimneys into the atmosphere in excess of five (5) pounds per hour per acre of property or ten (10) tons per year per acre of property, whichever is less.

Tests for particulate matter shall be conducted in accordance with State of Illinois Air Pollution Control Regulations.

(2005 Code)

In the R-1, R-2, R-3, R-4, R-5, R-6, R-7 residence districts, the B-1, B-2 business districts, the O office district, the O-R office research and I-1 light industrial districts, no persons shall cause or allow the emission of fugitive particulate matter, across lot lines which is visible by an observer looking generally toward the zenith, beyond the property line. Total suspended particulate concentrations across lot line shall not exceed twenty-five (25) micrograms per cubic meter above background. No outdoor stockpiling of powdered or granular material subject to dusting is permitted.

In the I-2 general industrial district, no persons shall cause or allow the emission of fugitive particulate matter, across lot lines which is visible by an observer looking generally toward the zenith, beyond the property line. Total suspended particulate concentrations across district boundary lines shall not exceed fifty (50) micrograms per cubic meter above background.

(2005 Code)

A.

Air having a concentration of odorous matter which renders it just perceptible to the average population; more definitively, one (1) cubic foot of air at the odor threshold.

B.

The release of odorous matter shall comply with the following regulations:

1.

Odor units and odor concentrations shall be determined in accordance with the State of Illinois Air Pollution Regulation (ASTM D-1391-57 adopted by Mills).

2.

In the R-1, R-2, R-3, R-4, R-5, R-6, R-7 residence districts, the B-1, B-2 business districts, the O office district, the O-R office research and the I-1 light industrial districts, the release of odorous matter from any operation, activity or use, shall not cause or create a concentration in excess of one (1) odor unit at any time when measured beyond the lot line, either at ground level or at habitable elevation. The limitation may be exceeded one (1) day per month for reason of equipment or process break down.

3.

In the I-2 general industrial district, when odorous matter is released from any operation, activity, or use, the concentration of such odorous materials shall not exceed one (1) odor unit when measured in any residential district, either at ground level or habitable elevation. The limitation may be exceeded one (1) day per month for reason of equipment or process breakdown.

4.

When odorous matter is released from stacks or vents in the I-2 district, the maximum allowable emission rate may be computed by the dispersion formula in Subsection B.5. of this section, so that the maximum ground level concentration of odorous matter shall not exceed one (1) odor unit per cubic foot in residence districts. However, for one (1) day per month, the allowable emission may be exceeded for reason of equipment or process breakdown.

5.

When a source of odor in the I-2 district is subject to both Subsections B.3. and B.4. of this section, the least restrictive shall apply. The following dispersion formula shall be employed to determine the maximum emission rate of odorous matter (Q) as described in Subsection B.4. of this section.

DISPERSION FORMULA

C =      0.85Q     
h × v × d × (1.5 + 0.0015T)

Where:

C = Ground level concentration; odor units per cubic foot

S = Sum of all sources (Q1, Q2, ... Qn)

Q = Net emission rate; odor units per minute

h = Stack height, feet above grade

v = Stack gas velocity, feet per minute

d = Stack diameter, feet

T = Stack gas temperature above 80 degrees

(2005 Code)

In the R-1, R-2, R-3, R-4, R-5, R-6, R-7 residence districts, the B-1, B-2 business districts, the O office, the O-R office research, I-1 light industrial and I-2 general industrial districts, the release of airborne toxic matter shall comply with applicable State of Illinois and Federal Regulations.

Maximum concentrations across lot lines at habitable elevations shall not exceed those concentrations promulgated by the State and Federal Governments as being acceptable to the general population. For those toxic materials not listed, the maximum allowable concentration measured across lot lines at any habitable elevation shall not exceed three percent (3%) that permitted an industrial worker.

(2005 Code)

In the R-1, R-2, R-3, R-4, R-5, R-6, R-7 residence districts, the B-1, B-2 business districts, the O office, the O-R office research, I-1 light industrial and I-2 general industrial districts, the following uses are prohibited except as a conditional use:

A.

Electric power generating stations, burning fossil fuels.

B.

Facilities having fuel combustion emission sources with a total rated heat input in excess of ten million (10,000,000) Btu per hour, burning coal or fuel oil.

C.

Facilities emitting more than one hundred (100) tons per year, or five hundred fifty (550) pounds per operating day of sulphur dioxide, ethylene oxide, carbon monoxide, nitrogen oxides, particulate matter, organic material, or any other air contaminant designated by the State of Illinois Air Pollution Agency as harmful to human health.

D.

Municipal or commercial incinerator installations established primarily for the burning of refuse.

(2005 Code; Ord. No. T-1-17, § 2, 10-23-2018)

Highly toxic substance: A chemical falling within any of the following categories:

A.

A chemical that has a median lethal dose (LD ₅₀ ) of fifty (50) milligrams mg) or less per kilogram of body weight when administered orally to albino rats weighing between two hundred (200) and three hundred (300) grams each.

B.

A chemical that has a median lethal dose (LD ₅₀ ) of two hundred (200) milligrams or less per kilogram of body weight when administered by continuous contact for twenty-four (24) hours (or less, if death occurs within twenty-four (24) hours) with the bare skin of albino rabbits weighing between two (2) and three (3) kilograms each.

C.

A chemical that has a median lethal concentration (LD ₅₀ ) in air of two hundred (200) parts per million by volume or less of gas or vapor, or two (2) milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one (1) hour (or less, if death occurs within one (1) hour) to albino rats weighing between two hundred (200) and three hundred (300) grams each, provided such concentration and/or condition are likely to be encountered by man when the chemical is used in any reasonably foreseeable manner.

Toxic substance: Any gas, liquid, solid, semisolid substance or mixture of substances, which if discharged into the environment could, alone or in combination with other substances likely to be present in the environment, cause or threaten to cause bodily injury, illness, or death to members of the general public through ingestion, inhalation, or absorption through any body surface. In addition, substances which are corrosives, irritants, strong sensitizers, or radioactive substances shall be considered toxic substances for the purposes of this regulation.

(2005 Code)

The use, storage, handling or transport of toxic substances shall comply with the Illinois Pollution Control Board Requirements.

(2005 Code)

In the O-R office research and the I-1 light industrial and I-2 general industrial districts, any highly toxic substance listed by the Department of Health and Human Development (Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, "Registry of Toxic Effects of Chemical Substances," as revised from time to time) contained in one (1) or more containers, tanks or equipment within the lot line in quantities in excess of the quantities listed in Table 1 of this section shall not be permitted.

TABLE 1

1.

When a material exists in more than one (1) state in commercial use, the more restrictive shall govern.

(2005 Code)

In the O-R, I-1 and I-2 districts, the storage, utilization, manufacture or handling of any radioactive substance contained in one (1) or more containers within the lot lines in a quantity of one (1) curie or more shall not be permitted.

(2005 Code)

In the O-R office research and I-1 light industrial districts, the storage utilization, manufacture, or handling of any radioactive substance contained in one (1) or more containers within lot lines in a quantity of ten (10) curies or more, shall be permitted only as a conditional use.

(2005 Code)

In the I-2 general industrial district, the storage, utilization, manufacture, or handling of any radioactive substance contained in one (1) or more containers within lot lines in a quantity of one hundred (100) curies or more, shall be permitted only as a conditional use.

(2005 Code)

In all districts, all uses shall comply with the State of Illinois Pollution Control Board Rules and Regulations, Title 35, Subtitle C, "Water Pollution."

(2005 Code)

Except by conditional use in the O-R office research, I-1 light industrial and the I-2 general industrial districts, no activities involving and/or storage, utilization or manufacture of materials or products in quantities exceeding five (5) pounds which decompose by detonation shall be permitted. Such materials shall be stored, utilized, and manufactured in accordance with applicable rules and regulations of the DuPage County Fire Prevention Code, the DuPage County Building Code and the Illinois Environmental Protection Agency.

Materials which decompose by detonation include, but are not confined to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, TNX, EMM, PETN and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boran hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides, including but not limited to sulphur dioxide, ethylene oxide, carbon monoxide, nitrogen oxides, particulate matter, organic material, or any other air contaminant designated by the state of Illinois air pollution agency as harmful to human health; unstable oxidizing agents such as perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

Any storage of such materials shall require a special permit from the DuPage County Fire Marshal, and shall comply with all applicable DuPage County Fire Prevention Codes.

(2005 Code; Ord. No. T-1-17, § 2, 10-23-2018)

In the O-R office research and I-1 light industrial districts, the storage, utilization or manufacture of flammable liquids and gases shall be permitted in accordance with the following Table I of this section, exclusive of storage of finished products in original sealed containers of fifty-five (55) gallons or less, which shall be restricted. Flammable liquid and gas storage tanks shall be not less than fifty feet (50′) from all lot lines.

Any storage of such materials shall require a special permit from the DuPage County Fire Marshal, and shall comply with all applicable DuPage County Fire Prevention Codes.

TABLE I

(When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed thirty (30) times the quantities listed in this table I.)

(2005 Code)

In the I-2 general industrial district, the storage, utilization, or manufacture of flammable liquids and gases shall be permitted in accordance with the following Table II of this section exclusive of storage of finished products in original sealed containers of fifty-five (55) gallons or less which shall be unrestricted. Flammable liquids and gas storage tanks shall be not less than fifty feet (50′) from all lot lines.

Any storage of such materials shall require a special permit from the DuPage County Fire Marshal, and shall comply with all applicable DuPage County Fire Prevention Codes.

TABLE II

(When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed thirty (30) times the quantities listed in this table.)

(2005 Code)

A.

Noise Regulations for Residence Zoning Districts: The following noise regulations shall be applied except where otherwise exempt under this section:

1.

Daytime Noise Regulations 7:00 a.m. to 10:00 p.m.: No person shall cause or allow the emission of sound during the hours of 7:00 a.m. to 10:00 p.m. (daytime hours) which exceeds the allowable octave band sound pressure level (dB) of seventy-one (71) dB with an octave band center frequency (Hertz) of no more than sixty-three (63) when the sound is measured at any point within a receiving residential zoned property from any other property.

2.

Nighttime Noise Regulations 10:00 p.m. to 7:00 a.m.: No person shall cause or allow the emission of sound during the hours of 10:00 p.m. to 7:00 a.m. (night time hours) which exceeds the allowable octave band sound pressure level (dB) of sixty-one (61) dB with an octave band center frequency (Hertz) of no more than sixty-three (63) when the sound is measured at any point within a receiving residential zoned property from any other property

3.

Acceptable instruments and methods of measurement shall include the EXTECH Model 407750 Digital Sound Level Meter or comparable measuring device.

4.

Exemptions: The following are exempt from the noise requirements herein:

a.

Sources of noise associated with routine residential living during daytime hours, such as the use of power tools and power lawn and garden equipment and snow removal equipment or other similar devises when used in accordance with manufacturer specifications. This exception does not apply to maintenance on a motor vehicle.

(1)

Routine Residential Living Noise Source Management: Where in the opinion of the Director or his designee, equipment or activities employed in the performance of routine residential living actives exceeds the allowable decibel levels within this code, the director or his designee may require noise mitigation strategies, methods and procedures and technologies that shall be used at the property to mitigate noises which exceed the requirements herein.

b.

Sources of Noise associated with operations and/or clean up relative to an act of God or emergency including but not limited to a snow event, tornado or storm event.

(1)

Emergency Noise Source Management: Where in the opinion of the Director or his designee, equipment or activities employed in the operations and /or clean up relative to an act of God or emergency exceeds the allowable decibel levels within this code, the director or his designee may require noise mitigation strategies, methods and procedures and technologies that shall be used at the property to mitigate noises which exceed the requirements herein.

c.

Construction Sites:

(1)

Construction Noise Management: Where in the opinion of the Director or his designee, equipment or activities employed in the performance of construction actives exceeds the allowable decibel levels within this Code, the Director or designee may require noise mitigation strategies, methods and procedures and technologies that shall be used at the construction site to mitigate noises which exceed the requirements herein.

d.

Emergency operations by fire and rescue services, police agencies, or public utilities and their contractors;

e.

A source or condition expressly subject to any State or federal noise-control law or regulation that is more stringent than this Chapter;

f.

Sound created between 7:00 a.m. and 10:00 p.m. by sports, amusement, or entertainment events or other public gatherings operating according to the requirements of the appropriate permit or licensing authority. This includes athletic contests, carnivals, fairgrounds, parades, band and orchestra activities, and similar public activities.

B.

Light: Exposed Sources of Light:

1.

In all districts, all activities or operations producing light shall be conducted in accordance with the following requirements:

a.

Exposed sources of light shall be controlled so that direct and indirect illumination at the lot lines shall not cause illumination in excess of one-half (½) foot-candle in residential districts; and

b.

Exposed sources of light shall be controlled so that direct and indirect illumination within the lot lines shall not cause illumination in excess of three (3) foot-candle in nonresidential districts.

2.

Exposed sources of light shall be shielded in such a way that the light source shall not create harmful glare that is deleterious to adjacent properties or a road, road right of way or access easement.

a.

Glare shall be analyzed in accordance with the IESNA RP-08-00, American National Standard Practice for Roadway Lighting manual or its successor document.

(2005 Code; Ord. No. T-3-12B, § II, 4-23-2013)

In all districts, except the I-2 general industrial district, all activities involving manufacturing, fabricating, processing, assembly, disassembly, repairing, cleaning, servicing, and testing shall be conducted in completely enclosed buildings. The storage of materials, products, and goods may be outdoors, in side or rear yards only, if completely screened from public view. Outdoor storage of uncontained bulk materials subject to dusting such as powder, grain, stone, sand and coal is prohibited.

In the I-2 general industrial district, activities involving manufacturing, fabricating, processing, assembly, disassembly, repairing, cleaning, servicing, testing, and storage, may be conducted outdoors in side or rear yards if completely screened from public view. The outdoor storage of uncontained bulk materials subject to dusting such as powder, grain, stone, sand and coal is permitted, subject to fugitive particulate matter requirements.

(2005 Code)

Applications pertaining to the use or change of use of land, building or structures in the O-R office research, I-1 light industrial or I-2 general industrial districts shall be accompanied by a certificate from a scientific research laboratory or consultant approved by the County Board certifying compliance with the performance standards set forth in Section 37-1003 of this chapter.

In the event that a building or structure is erected in an O-R office research, I-1 light industrial or I-2 general industrial district, but the particular use is not known, (for example, speculative buildings), then no such certification will be required until such a time as the specific use can be designated.

(2005 Code)