(A)   New Uses: Any use established in the Business or Industrial Zones after the effective date hereof shall comply with the minimum performance standards contained in this chapter.

   (B)   Existing Uses: Existing business and industrial uses which are not in compliance with the performance standards contained in this chapter are exempt, except where a use did not comply with performance standards in effect prior to the passage of this title.

Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered, provided the addition or change conforms with the applicable performance standards. (Ord. 18-08, 6-3-2019)

When necessary, the appropriate official may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. (Ord. 18-08, 6-3-2019)

The emission of smoke from any operation or activity shall not exceed a density or equivalent opacity permitted by the Illinois EPA. (Ord. 18-08, 6-3-2019)

No person shall operate or cause to be operated any process which emits particulate air contaminants exceeding the air quality standards of the Illinois Environmental Protection Agency (IEPA) or its successor.

   (A)   Prior to the City issuing a certificate of occupancy, an applicant must submit to the appropriate official documentation of the IEPA approval of the applicant's application and permit to install or alter equipment or control equipment if such a permit is required under the applicable IEPA standards.

   (B)   In the event the IEPA lowers its air quality standards, the IEPA standards in effect on the adoption date of this title shall remain applicable. Under these circumstances, prior to the City issuing a building permit, an applicant must submit to the appropriate official documentation from a licensed engineer demonstrating that the use complies with the IEPA standards (on the adoption date of this title).

   (C)   In the event the IEPA raises its air quality standards, the new IEPA standards shall apply, and the applicant must comply with the requirements of subsection (B) of this section. (Ord. 18-08, 6-3-2019)

The release of airborne toxic matter from any operation or activity shall not exceed the fractional quantities permitted below of the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not listed, verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic matter shall be on the average of any twenty four (24) hour sampling period.

   (A)   All Business Districts: In all Business Districts, the release beyond lot lines of airborne toxic matter shall not exceed one-eighth (1/8) of the threshold limit values.

   (B)   I-1 And I-2 Districts: In the I-1 and I-2 Districts, the release of airborne toxic matter shall not exceed one-eighth (1/8) of the threshold limit values beyond zone boundary lines. (Ord. 18-08, 6-3-2019)

Earth borne vibrations from any industrial operation or activity, and not those originating from City permitted maintenance or construction improvements shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements shall be determined by the following formula:

 

 

 

 

(Ord. 18-08, 6-3-2019)

See chapter 26 of this title. (Ord. 18-08, 6-3-2019)

Sewers and sewage discharge shall meet the appropriate City code and all IEPA requirements. (Ord. 18-08, 6-3-2019)

   (A)   The open storage of materials and equipment, except for sales display, shall be subject to the following requirements:

      1.   Storage of materials, equipment, salvage items, and vehicles being repaired shall be completely screened from view. An eight foot (8') solid wall fence will be required, as described in applicable Business and Industrial Districts.

      2.   All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of firefighting equipment.

   (B)   The bulk storage of flammable liquids and chemicals, when stored in above-ground tanks, shall occur no closer than the lot line or any principal building than the distance indicated by the following table:

 

   (C)   The underground bulk storage of flammable liquids shall be located in accordance with the Fire Code regarding tank storage underground, except the minimum distance between such underground tanks and any R Zone boundary shall be at least ten feet (10'). (Ord. 18-08, 6-3-2019)

Sites used for automobile sales are subject to the following development standards:

   (A)   Adequate landscaping and/or fencing shall be used to screen views from street level of dealership operations that are not located within a building. Outdoor storage and display of operable vehicles, that are in good condition, does not need screening. Such screening shall not be required to obscure all visibility of interior activities but shall provide some filtering of outdoor dealership operations. Vehicles shall have appropriate spacing for adequate viewing and display, and shall be in operable condition for test drives.

   (B)   For the purposes of this title and design review, areas used for outdoor vehicle storage and display are not considered parking areas.

   (C)   Appropriate site design measures shall be installed to the maximum extent practicable to ensure clean water standards are met. Permanent stormwater Best Management Practices and on-site stormwater treatment shall be used for all runoff generated by new impermeable surfaces. Runoff from automobile washing and maintenance activities shall be properly collected and treated, consistent with the requirements of the Director of Engineering. When new paving is proposed, pervious paving shall be used where feasible and shall be reviewed and approved by the Director of Engineering.

   (D)   All noise-generating activities and equipment, such as vehicle repair, shall be shielded by noise-attenuating construction or equipment. Outdoor amplification is prohibited, except on special occasions as permitted by the City.

   (E)   Exterior light standards and fixtures shall not be taller than twenty feet (20'), light cutoffs shall be utilized to control light spillover onto adjacent properties, and low energy light fixtures consistent with Berkeley's goals for energy efficiency shall be utilized.

   (F)   The minimum required parking for such establishments shall be one parking space for each two hundred fifty (250) square feet of gross floor area. All other parking specifications as specified by chapter 24 of this title shall be met as well. (Ord. 18-08, 6-3-2019)

The following requirements shall apply in all districts:

   (A)   Sound Pressure Level: The sound pressure level, to be measured as described below, shall not exceed the following decibel levels in the designated octave bands when adjacent to the designated types of use districts:

 

   (B)   Intermittent Sounds: Objectionable sounds of an intermittent nature which are not easily measured shall be controlled so as not to become a nuisance to adjacent uses.

   (C)   Method Of Measurement: Measurement is to be made at the nearest boundary of the nearest residential area or at any other point along the boundary where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association. (Ord. 18-08, 6-3-2019)