ZONING DISTRICTS
SECTION:
For purposes of this title, the city is hereby divided into the following zoning districts:
Downtown Districts:
D-SFMR Single-Family Medium Density Residential District
D-SFHR Single-Family High Density Residential District
D-MHR Mixed High Density Residential District
D-MFR Multiple-Family Residential District
D-RSCM Residentially Scaled Commercial Mixed Use District
D-CM Commercial Mixed-Use District
D-IM Light Industrial Mixed-Use District
Residential Districts:
RR Rural Single-Family Residential District
RE Estate Single-Family Residential District
R1 Low Density Single-Family Residential District
R2 Medium Density Single-Family Residential District
R3 Medium to High Density Single-Family Residential District
R4 High Density Single-Family Residential District
R5 Low Density Two- and Three-Family Residential District
R6 Medium Density Two- and Three-Family Residential District
R7 Multiple-Family Residential District
R Public Schools District
Office And Business Districts:
GO General Office District
B1 Business District
B3(E) Business District
B4 Business District
B5 Business District
Industrial Districts:
OR Office Research District
I1 Light Industrial District
I2 General Industrial District
Special Purpose Districts:
CO Corridor Overlay District
H1 Historic Preservation Overlay District
(Ord. 95-28, 5-1-1995; amd. Ord. 99-35, 9-7-1999; Ord. No. 2019-17, § 14, 8-5-2019)
The location and boundaries of districts are set forth on the map entitled CITY OF GENEVA ZONING MAP, dated May 1, 1995, as amended, is incorporated herein, and made a part of this title as if set out in full herein.
A.
Interpretation Of Boundaries: The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning district map:
1.
District boundary lines are the center lines of highways, streets, alleys and easements; right-of-way lines of railroads, toll roads and expressways; or section, division of section, tract and lot lines; or such lines extended, unless otherwise indicated.
2.
In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section, or division lines, or center lines of streets and highways, or railroad right-of-ways, unless otherwise indicated.
3.
Where a district boundary line divides a lot in single ownership on the effective date of this title, the planning and zoning commission, after appropriate public hearing, may extend the regulations for either portion of such lot. No fee shall be assessed for such interpretation.
B.
Purchase Of Zoning Map: The current zoning district map is available for purchase from the community development department. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 15, 8-5-2019)
The alteration, or maintenance by municipal departments of overhead utility lines and poles and underground gas, electrical, steam or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, traffic signals and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission, or for the public health, safety or general welfare, shall be exempt from the regulations of this title. However, the installation shall conform to Federal Communications Commission and Federal Aviation Administration rules and regulations, and those of other authorities having jurisdiction. Any other aboveground utilities, are subject to the site plan requirements of this title. (Ord. 95-28, 5-1-1995)
A.
General Standards:
1.
No use established in an industrial district after the effective date of this title shall be so operated as to exceed the performance standards established hereinafter. Any use already established on the effective date of this title shall be permitted to be altered, enlarged, expanded or modified, provided that the new sources of noise, vibration, smoke and particulate matter, fire hazards, toxic matter, odorous matter and glare shall conform to the performance standards established hereinafter for the district in which such use is located.
Every application for a zoning certificate within a commercial, office, office research or industrial district shall have affixed to it the certificate of a licensed architect or a licensed professional engineer, licensed by the state of Illinois, certifying that the building or structure, and the proposed use thereof, complies with all of the provisions of this title respecting performance standards for industrial and similar uses. The zoning administrator shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided all other relevant provisions of this title are complied with. Such certificate shall be valid for all purposes. The zoning administrator may, however, before issuance of the occupancy certificate and as a result of examination of the plans or on the basis of other evidence, determine that the proposed activity will not in fact comply with the performance standards and so advise the architect or engineer in writing.
2.
No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted. Such materials shall include, but not be confined to, all primary explosives such as lead stylphate, fulminate of mercury; all high explosives and boosters, such as TNT, RDX, tetryl and ammonium nitrate; black powder, ammonium perchlorate and nitroguanidine; blasting explosives such as dynamite, and nitroglycerin; pyrotechnics and fireworks materials such as powdered magnesium, potassium chlorate; rocket fuels such as bydrazine nitrate and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
The foregoing is not meant to exclude the handling and storage in the original containers, not exceeding twenty-five (25) pounds each or two hundred fifty (250) pounds in the aggregate, of the common analytical reagent chemicals used by research and educational laboratories, or the manufacture, possession, storage and use of not more than fifteen (15) pounds of explosives or blasting agents in educational, governmental or industrial laboratories for instructional or research purposes when under the direct supervision of experienced competent persons.
3.
No lot, parcel or tract of land shall be used, and no building or structure shall be erected, altered or remodeled for any use inherently or necessarily incapable of compliance with the provisions of this title, such as abattoirs; arsenals, blast furnaces; boiler works; coke ovens; drop forges and forging plants; grain storage; foundries; ore reduction; petroleum refining, rock excavation and crushing; packing plants, stock yards or slaughter of animals or fowls; incineration or processing of garbage, dead animals, offal, refuse or scrap; processing of fish oil; dumps; junk yards; land fills; slag piles; tanning or curing of raw hides; smelting of ores; manufacture of creosote, fertilizer, rubber, tallow, grease, lard, fat, brick, tile, terra cotta, bulk chemicals, gas, soap, steel, tin, paper, paper pulp, cement, gypsum, lime, plaster of paris or petroleum products (including, but not limited to, asphalt and tar).
4.
All substances appearing on the most current list of hazardous materials issued by the U.S. environmental protection agency shall be stored in accordance with applicable state and/or federal regulations. Such regulations may be supplemented by reasonable regulations adopted by the city.
5.
The performance standards set forth hereinafter shall be deemed to represent minimum requirements and compliance therewith shall constitute a prima facie satisfaction of the use requirements. However, and recognizing that special and unforetold circumstances may create a situation in which one or more standards are insufficiently restrictive or definitive or in which a necessary and desirable standard is missing, any and all uses shall in any event comply with whatever standards are necessary and reasonable to ensure the creation of an environment in which each use is a credit to the other and investment in well designed and maintained facilities and grounds is secured by the maintenance of the highest reasonable standards throughout the district, in which the use shall be in keeping with the character of the district and shall not be detrimental to the orderly and harmonious development and maintenance of the city as a whole and of nearby districts, and in which the use is established and maintained in a manner consistent with the surrounding area by compliance with those requirements necessary to prevent or abate nuisance to others and to promote public health, safety, comfort and the general welfare of the community.
B.
Noise Standards in Office, Commercial, and Industrial Districts: Sound levels shall be measured with a sound level meter and associated octave band filer manufactured according to standards prescribed by the United States of America Standards Institute. Measurements shall be made using the flat network of the sound level meter.
Impact noises shall be measured with an impact noise analyzer. Impact noises are those whose peak valves as measured on the impact noise analyzer exceed by six (6) db the peak values indicated on the sound level meter.
No manufacturing activity shall be responsible for the transmission of noises across any residential or business zoning district boundary in excess of the levels established below:
Between the hours of ten o'clock (10:00) p.m. and eight o'clock (8:00) a.m., the maximum permissible sound levels above shall be reduced by six (6) db in each octave band and in overall for impact noises as measured across a residential district boundary.
C.
Vibration Standards in Office, Commercial, and Industrial Districts:
1.
No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement, measured in inches, of earth) shall be measured at any point in a residence district with a three (3) component measuring instrument approved by the building commissioner, and shall be expressed as displacement in inches.
The maximum displacement permitted shall be determined by the following formula:
D = 0.003
f
Where: D = displacement in inches
f = vibration frequency, cycles per sound.
D.
Smoke And Particulate Matter Standards In Office, Commercial, and Industrial Districts:
1.
The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
For the purpose of grading the density of smoke, the Ringelmann chart, published and used by the United States bureau of mines in circular No. 8333, shall be employed. The emission of smoke or particulate matter of a density greater than no. 2 on the Ringelmann chart is prohibited at all times except as otherwise provided hereinafter.
The emission from all sources within any lot area of particulate matter containing more than ten percent (10%) by weight of particles having a particle diameter larger than forty-four (44) microns is prohibited.
2.
Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, fencing or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinabove specified is prohibited.
No industrial operation shall cause or allow to be emitted into the open air from any process or control equipment or to pass any convenient measuring point in a breeching or stack, dust in the gases to exceed two-tenths (0.2) grains per standard cubic foot (70 and 29.92" hg).
a.
Permitted Smoke Emission: Within one thousand feet (1,000') of a residence or business zoning district boundary line, any source of smoke shall not exceed a density or equivalent capacity of Ringelmann no. 1.
Smoke in excess of Ringelmann no. 1 but not exceeding Ringelmann no. 2 shall be permitted for five (5) minutes in any one hour. Smoke not exceeding Ringelmann no. 3 shall be permitted for five (5) minutes during any eight (8) hour period for purposes of fire cleaning only. Smoke in excess of Ringelmann no. 3 is prohibited.
b.
Emission Of Particulate Matter: Any stacks, vents or chimneys within one thousand feet (1,000') of a residence or business zoning district boundary line shall not, in the aggregate, emit more than one pound per acre of lot area during any one hour.
E.
Toxic Matter Standards in Office, Commercial, and Industrial Districts:
1.
Toxic matter or materials which are released into the air shall not exceed ten percent (10%) of the maximum permissible airborne concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed an industrial worker are not contained in the most recent list of threshold limit values published by the American conference of governmental industrial hygienists, the owner or operator shall satisfy the city that airborne concentrations of unlisted materials will be safe to occupants of adjacent properties and the general public.
2.
In addition, no activity or operation shall cause, at any time, the discharge of toxic or noxious matter into the atmosphere in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business or be needlessly destructive of any insect, plant or animal which contributes to the general welfare.
F.
Odor Standards In Office, Commercial and Industrial Districts:
1.
The emission of odorous matter shall be controlled in such manner as to be at or below the odor threshold value across lot lines.
2.
I2 District: The emission of odorous matter shall be controlled in such a manner as to be at or below the threshold value within any part of a residential district boundary.
G.
Fire Standards In Office, Commercial, and Industrial Districts:
1.
Office and Commercial Districts:
a.
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
b.
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the city and the National Fire Protection Association.
(2)
All such buildings shall be set back at least forty feet (40') from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the city and the National Fire Protection Association.
c.
The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors, shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and exclusive of storage of finished products in original sealed containers (fifty-five (55) gallons or less):
(1)
The capacity of flammable liquids and gasses in excess of the following quantities shall not be permitted:
(2)
All buildings, structures or tanks containing such flammable liquids or gases shall be at least forty feet (40') from all lot lines.
2.
Industrial Districts:
a.
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
b.
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the city and the National Fire Protection Association.
(2)
All such buildings shall be set back at least twenty-five feet (25') from all I-1 and I-2 lot lines and forty feet (40') from all other lot lines, or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the city and the National Fire Protection Association.
(3)
Said materials may be stored outdoors in conformance with the standards and regulations of the city and the National Fire Protection Association.
c.
The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors, shall be permitted in accordance with the following limitations, exclusive of storage of finished products in original sealed containers (fifty-five (55) gallons or less):
(1)
The capacity of flammable liquids and gases in excess of the following quantities shall not be permitted:
(2)
All buildings, structures or tanks containing such flammable liquids or gases shall be at least twenty-five feet (25') from all I1 and I2 lot lines, and forty feet (40') from all other lot lines.
H.
Glare And Heat Standards in Office, Commercial, and Industrial Districts: Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard.
I.
Glare And Illumination In All Zoning Districts:
1.
Light sources shall not be oriented in any manner which causes glare flickering or erratic intensities as to cause a nuisance beyond any zoning lot line.
2.
Direct and indirect illumination from any source of light shall not cause illumination in excess of one-half (0.5) of one foot-candle when measured at any zoning lot line. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 16—22, 8-5-2019)
The following standards shall apply according to the zoning districts identified, as follows:
A.
GO District: Daycare centers and preschools may be permitted accessory outdoor play areas provided they are not located in a street yard and are approved as part of an overall site plan, in accord with chapter 14, article A of this title.
B.
GO, B1, D-CM, D-RSCM, B4, B5, OR, D-IM, I1, And I2 Districts:
1.
All on site utility lines, but excluding high tension power lines, shall be located underground.
2.
All business, service, storage and display of goods shall be conducted within a completely enclosed structures, except:
a.
Off-street parking and loading.
b.
Recreational uses.
c.
Temporary uses and events.
d.
Accessory uses.
e.
Outdoor seating areas.
f.
Motor vehicle sales and rental lots.
g.
Uses allowed and controlled under a special use permit.
h.
Lumber and firewood sales lot.
3.
All stormwater downspouts shall be connected to the site stormwater management system.
4.
All electric meters, downspouts and other mechanical appurtenances shall be incorporated internally to the structure or be of compatible material and color to the principal structure.
5.
At the discretion of the planning and zoning commission and city council, blanket cross easements for vehicle access may be obtained generally parallel to the interior of front property lines. Said easements are intended to provide for effective motor vehicle access minimizing access to public streets. Easements will not be required where a frontage road system has been established.
C.
B5 District:
1.
Any structure over two hundred feet (200') in length shall be designed with a staggered front facade with a minimum three foot (3') facade separation for each two hundred feet (200') of building length, or fraction thereof. The length of the building shall be measured along the front building line. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 23, 24, 8-5-2019)
In consideration of any amendment, special use permit, site plan, or variation to these regulations, conformance to the city's comprehensive plan shall be considered and a part of the determination in the requested action. (Ord. 95-28, 5-1-1995)
ZONING DISTRICTS
SECTION:
For purposes of this title, the city is hereby divided into the following zoning districts:
Downtown Districts:
D-SFMR Single-Family Medium Density Residential District
D-SFHR Single-Family High Density Residential District
D-MHR Mixed High Density Residential District
D-MFR Multiple-Family Residential District
D-RSCM Residentially Scaled Commercial Mixed Use District
D-CM Commercial Mixed-Use District
D-IM Light Industrial Mixed-Use District
Residential Districts:
RR Rural Single-Family Residential District
RE Estate Single-Family Residential District
R1 Low Density Single-Family Residential District
R2 Medium Density Single-Family Residential District
R3 Medium to High Density Single-Family Residential District
R4 High Density Single-Family Residential District
R5 Low Density Two- and Three-Family Residential District
R6 Medium Density Two- and Three-Family Residential District
R7 Multiple-Family Residential District
R Public Schools District
Office And Business Districts:
GO General Office District
B1 Business District
B3(E) Business District
B4 Business District
B5 Business District
Industrial Districts:
OR Office Research District
I1 Light Industrial District
I2 General Industrial District
Special Purpose Districts:
CO Corridor Overlay District
H1 Historic Preservation Overlay District
(Ord. 95-28, 5-1-1995; amd. Ord. 99-35, 9-7-1999; Ord. No. 2019-17, § 14, 8-5-2019)
The location and boundaries of districts are set forth on the map entitled CITY OF GENEVA ZONING MAP, dated May 1, 1995, as amended, is incorporated herein, and made a part of this title as if set out in full herein.
A.
Interpretation Of Boundaries: The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning district map:
1.
District boundary lines are the center lines of highways, streets, alleys and easements; right-of-way lines of railroads, toll roads and expressways; or section, division of section, tract and lot lines; or such lines extended, unless otherwise indicated.
2.
In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section, or division lines, or center lines of streets and highways, or railroad right-of-ways, unless otherwise indicated.
3.
Where a district boundary line divides a lot in single ownership on the effective date of this title, the planning and zoning commission, after appropriate public hearing, may extend the regulations for either portion of such lot. No fee shall be assessed for such interpretation.
B.
Purchase Of Zoning Map: The current zoning district map is available for purchase from the community development department. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 15, 8-5-2019)
The alteration, or maintenance by municipal departments of overhead utility lines and poles and underground gas, electrical, steam or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, traffic signals and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission, or for the public health, safety or general welfare, shall be exempt from the regulations of this title. However, the installation shall conform to Federal Communications Commission and Federal Aviation Administration rules and regulations, and those of other authorities having jurisdiction. Any other aboveground utilities, are subject to the site plan requirements of this title. (Ord. 95-28, 5-1-1995)
A.
General Standards:
1.
No use established in an industrial district after the effective date of this title shall be so operated as to exceed the performance standards established hereinafter. Any use already established on the effective date of this title shall be permitted to be altered, enlarged, expanded or modified, provided that the new sources of noise, vibration, smoke and particulate matter, fire hazards, toxic matter, odorous matter and glare shall conform to the performance standards established hereinafter for the district in which such use is located.
Every application for a zoning certificate within a commercial, office, office research or industrial district shall have affixed to it the certificate of a licensed architect or a licensed professional engineer, licensed by the state of Illinois, certifying that the building or structure, and the proposed use thereof, complies with all of the provisions of this title respecting performance standards for industrial and similar uses. The zoning administrator shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided all other relevant provisions of this title are complied with. Such certificate shall be valid for all purposes. The zoning administrator may, however, before issuance of the occupancy certificate and as a result of examination of the plans or on the basis of other evidence, determine that the proposed activity will not in fact comply with the performance standards and so advise the architect or engineer in writing.
2.
No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted. Such materials shall include, but not be confined to, all primary explosives such as lead stylphate, fulminate of mercury; all high explosives and boosters, such as TNT, RDX, tetryl and ammonium nitrate; black powder, ammonium perchlorate and nitroguanidine; blasting explosives such as dynamite, and nitroglycerin; pyrotechnics and fireworks materials such as powdered magnesium, potassium chlorate; rocket fuels such as bydrazine nitrate and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
The foregoing is not meant to exclude the handling and storage in the original containers, not exceeding twenty-five (25) pounds each or two hundred fifty (250) pounds in the aggregate, of the common analytical reagent chemicals used by research and educational laboratories, or the manufacture, possession, storage and use of not more than fifteen (15) pounds of explosives or blasting agents in educational, governmental or industrial laboratories for instructional or research purposes when under the direct supervision of experienced competent persons.
3.
No lot, parcel or tract of land shall be used, and no building or structure shall be erected, altered or remodeled for any use inherently or necessarily incapable of compliance with the provisions of this title, such as abattoirs; arsenals, blast furnaces; boiler works; coke ovens; drop forges and forging plants; grain storage; foundries; ore reduction; petroleum refining, rock excavation and crushing; packing plants, stock yards or slaughter of animals or fowls; incineration or processing of garbage, dead animals, offal, refuse or scrap; processing of fish oil; dumps; junk yards; land fills; slag piles; tanning or curing of raw hides; smelting of ores; manufacture of creosote, fertilizer, rubber, tallow, grease, lard, fat, brick, tile, terra cotta, bulk chemicals, gas, soap, steel, tin, paper, paper pulp, cement, gypsum, lime, plaster of paris or petroleum products (including, but not limited to, asphalt and tar).
4.
All substances appearing on the most current list of hazardous materials issued by the U.S. environmental protection agency shall be stored in accordance with applicable state and/or federal regulations. Such regulations may be supplemented by reasonable regulations adopted by the city.
5.
The performance standards set forth hereinafter shall be deemed to represent minimum requirements and compliance therewith shall constitute a prima facie satisfaction of the use requirements. However, and recognizing that special and unforetold circumstances may create a situation in which one or more standards are insufficiently restrictive or definitive or in which a necessary and desirable standard is missing, any and all uses shall in any event comply with whatever standards are necessary and reasonable to ensure the creation of an environment in which each use is a credit to the other and investment in well designed and maintained facilities and grounds is secured by the maintenance of the highest reasonable standards throughout the district, in which the use shall be in keeping with the character of the district and shall not be detrimental to the orderly and harmonious development and maintenance of the city as a whole and of nearby districts, and in which the use is established and maintained in a manner consistent with the surrounding area by compliance with those requirements necessary to prevent or abate nuisance to others and to promote public health, safety, comfort and the general welfare of the community.
B.
Noise Standards in Office, Commercial, and Industrial Districts: Sound levels shall be measured with a sound level meter and associated octave band filer manufactured according to standards prescribed by the United States of America Standards Institute. Measurements shall be made using the flat network of the sound level meter.
Impact noises shall be measured with an impact noise analyzer. Impact noises are those whose peak valves as measured on the impact noise analyzer exceed by six (6) db the peak values indicated on the sound level meter.
No manufacturing activity shall be responsible for the transmission of noises across any residential or business zoning district boundary in excess of the levels established below:
Between the hours of ten o'clock (10:00) p.m. and eight o'clock (8:00) a.m., the maximum permissible sound levels above shall be reduced by six (6) db in each octave band and in overall for impact noises as measured across a residential district boundary.
C.
Vibration Standards in Office, Commercial, and Industrial Districts:
1.
No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement, measured in inches, of earth) shall be measured at any point in a residence district with a three (3) component measuring instrument approved by the building commissioner, and shall be expressed as displacement in inches.
The maximum displacement permitted shall be determined by the following formula:
D = 0.003
f
Where: D = displacement in inches
f = vibration frequency, cycles per sound.
D.
Smoke And Particulate Matter Standards In Office, Commercial, and Industrial Districts:
1.
The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
For the purpose of grading the density of smoke, the Ringelmann chart, published and used by the United States bureau of mines in circular No. 8333, shall be employed. The emission of smoke or particulate matter of a density greater than no. 2 on the Ringelmann chart is prohibited at all times except as otherwise provided hereinafter.
The emission from all sources within any lot area of particulate matter containing more than ten percent (10%) by weight of particles having a particle diameter larger than forty-four (44) microns is prohibited.
2.
Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, fencing or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinabove specified is prohibited.
No industrial operation shall cause or allow to be emitted into the open air from any process or control equipment or to pass any convenient measuring point in a breeching or stack, dust in the gases to exceed two-tenths (0.2) grains per standard cubic foot (70 and 29.92" hg).
a.
Permitted Smoke Emission: Within one thousand feet (1,000') of a residence or business zoning district boundary line, any source of smoke shall not exceed a density or equivalent capacity of Ringelmann no. 1.
Smoke in excess of Ringelmann no. 1 but not exceeding Ringelmann no. 2 shall be permitted for five (5) minutes in any one hour. Smoke not exceeding Ringelmann no. 3 shall be permitted for five (5) minutes during any eight (8) hour period for purposes of fire cleaning only. Smoke in excess of Ringelmann no. 3 is prohibited.
b.
Emission Of Particulate Matter: Any stacks, vents or chimneys within one thousand feet (1,000') of a residence or business zoning district boundary line shall not, in the aggregate, emit more than one pound per acre of lot area during any one hour.
E.
Toxic Matter Standards in Office, Commercial, and Industrial Districts:
1.
Toxic matter or materials which are released into the air shall not exceed ten percent (10%) of the maximum permissible airborne concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed an industrial worker are not contained in the most recent list of threshold limit values published by the American conference of governmental industrial hygienists, the owner or operator shall satisfy the city that airborne concentrations of unlisted materials will be safe to occupants of adjacent properties and the general public.
2.
In addition, no activity or operation shall cause, at any time, the discharge of toxic or noxious matter into the atmosphere in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business or be needlessly destructive of any insect, plant or animal which contributes to the general welfare.
F.
Odor Standards In Office, Commercial and Industrial Districts:
1.
The emission of odorous matter shall be controlled in such manner as to be at or below the odor threshold value across lot lines.
2.
I2 District: The emission of odorous matter shall be controlled in such a manner as to be at or below the threshold value within any part of a residential district boundary.
G.
Fire Standards In Office, Commercial, and Industrial Districts:
1.
Office and Commercial Districts:
a.
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
b.
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the city and the National Fire Protection Association.
(2)
All such buildings shall be set back at least forty feet (40') from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the city and the National Fire Protection Association.
c.
The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors, shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and exclusive of storage of finished products in original sealed containers (fifty-five (55) gallons or less):
(1)
The capacity of flammable liquids and gasses in excess of the following quantities shall not be permitted:
(2)
All buildings, structures or tanks containing such flammable liquids or gases shall be at least forty feet (40') from all lot lines.
2.
Industrial Districts:
a.
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
b.
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the city and the National Fire Protection Association.
(2)
All such buildings shall be set back at least twenty-five feet (25') from all I-1 and I-2 lot lines and forty feet (40') from all other lot lines, or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the city and the National Fire Protection Association.
(3)
Said materials may be stored outdoors in conformance with the standards and regulations of the city and the National Fire Protection Association.
c.
The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors, shall be permitted in accordance with the following limitations, exclusive of storage of finished products in original sealed containers (fifty-five (55) gallons or less):
(1)
The capacity of flammable liquids and gases in excess of the following quantities shall not be permitted:
(2)
All buildings, structures or tanks containing such flammable liquids or gases shall be at least twenty-five feet (25') from all I1 and I2 lot lines, and forty feet (40') from all other lot lines.
H.
Glare And Heat Standards in Office, Commercial, and Industrial Districts: Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard.
I.
Glare And Illumination In All Zoning Districts:
1.
Light sources shall not be oriented in any manner which causes glare flickering or erratic intensities as to cause a nuisance beyond any zoning lot line.
2.
Direct and indirect illumination from any source of light shall not cause illumination in excess of one-half (0.5) of one foot-candle when measured at any zoning lot line. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 16—22, 8-5-2019)
The following standards shall apply according to the zoning districts identified, as follows:
A.
GO District: Daycare centers and preschools may be permitted accessory outdoor play areas provided they are not located in a street yard and are approved as part of an overall site plan, in accord with chapter 14, article A of this title.
B.
GO, B1, D-CM, D-RSCM, B4, B5, OR, D-IM, I1, And I2 Districts:
1.
All on site utility lines, but excluding high tension power lines, shall be located underground.
2.
All business, service, storage and display of goods shall be conducted within a completely enclosed structures, except:
a.
Off-street parking and loading.
b.
Recreational uses.
c.
Temporary uses and events.
d.
Accessory uses.
e.
Outdoor seating areas.
f.
Motor vehicle sales and rental lots.
g.
Uses allowed and controlled under a special use permit.
h.
Lumber and firewood sales lot.
3.
All stormwater downspouts shall be connected to the site stormwater management system.
4.
All electric meters, downspouts and other mechanical appurtenances shall be incorporated internally to the structure or be of compatible material and color to the principal structure.
5.
At the discretion of the planning and zoning commission and city council, blanket cross easements for vehicle access may be obtained generally parallel to the interior of front property lines. Said easements are intended to provide for effective motor vehicle access minimizing access to public streets. Easements will not be required where a frontage road system has been established.
C.
B5 District:
1.
Any structure over two hundred feet (200') in length shall be designed with a staggered front facade with a minimum three foot (3') facade separation for each two hundred feet (200') of building length, or fraction thereof. The length of the building shall be measured along the front building line. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 23, 24, 8-5-2019)
In consideration of any amendment, special use permit, site plan, or variation to these regulations, conformance to the city's comprehensive plan shall be considered and a part of the determination in the requested action. (Ord. 95-28, 5-1-1995)