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Glenview City Zoning Code

ARTICLE VIII

PERFORMANCE STANDARDS

Sec. 98-371.- Purpose.

The land in the Village and surrounding areas is predominantly devoted to residential use. People who reside in such area have chosen the location because of the suburban atmosphere, free from objectionable noises, smoke, odors, vibrations and other irritants that are frequently found in more urban locations. The performance standards contained in this article are designed to minimize operations which would disrupt the existing suburban atmosphere.

(Code 1959, § 24.12A.1; Ord. No. 4512, 4-15-2003)

Sec. 98-372. - Applicability.

All uses established after the effective date of the ordinance from which this article is derived shall comply with the performance standards of this article. Any existing use which complies with the performance standards of this article on the effective date of the ordinance from which this article is derived shall continue to so comply. If the operations of any lawful existing use do not comply with the performance standards of this article, such operations shall not be varied or changed in such a way as to increase the degree of such violation. The fact that the operations of a lawful existing use violate the performance standards of this article shall not of itself make such use subject to the requirements of article V relating to nonconformities.

(Code 1959, § 24.12A.2; Ord. No. 4512, 4-15-2003)

Sec. 98-373. - Permit procedure.

(a)

Before issuing any building permit, the building and zoning director shall be given information by the applicant sufficient to enable the building and zoning director to determine that all the performance standards of this article can and will be complied with at all times. At the request of the building and zoning director, the applicant shall provide the following:

(1)

A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas and other constructional features of the site, as well as all structures, streets, streams and any other significant features within 200 feet of the proposed site.

(2)

A description of the activity to be conducted, in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions or external effects which are regulated or otherwise limited by this article.

(3)

A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in this article.

(4)

Such other data and certification as may reasonably be required by the building and zoning director to reach a determination.

(b)

All information and evidence submitted in applications to indicate conformity with the performance standards set forth in this article shall constitute a certification and agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

(Code 1959, § 24.12A.3; Ord. No. 4512, 4-15-2003)

Sec. 98-374. - Noise.

(a)

At no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use or activity not specifically exempted in subsection (b)of this section, whether open or enclosed, exceed the maximum permitted decibel levels for the designated octave band set forth in the following tables. Sound levels shall be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American National Standards Institute. The flat network slow meter response of the sound level meter shall be used. Impulsive type noises shall be measured with an impact noise analyzer, and the peak values so measured shall not exceed the sound pressure levels in the appropriate table by more than three decibels. The reference level for the decibel is 0.0002 micro bar.

TABLE I
(Instruments Calibrated In Octave Bands Shown In First Column)
Octave Band Frequencies
(Cycles Per Second)
Maximum Permitted Sound Pressure Level
(In Decibels)
   20—   75 70
   75—  150 65
  150—  300 58
  300—  600 51
  600—1,200 45
1,200—2,400 39
2,400—4,800 34
4,800 and over 32

 

TABLE II
(Instruments Calibrated In Preferred Center Frequencies Shown In First Column)
Octave Band Center Per Frequency
(Cycles Per Second)
Maximum Permitted Sound Pressure Level
(In Decibels)
   31.5 74
   63 69
  125 63
  250 56
  500 49
1,000 44
2,000 38
4,000 33
8,000 and over 32

 

(b)

The following uses and activities shall be exempt from the noise level regulations set forth in subsection (a):

(1)

Noises not directly under the control of the property user.

(2)

Noises of safety signals, warning devices, aircraft, and railroads.

(3)

Church bells, chimes, and carillons.

(4)

Heliports permitted as a conditional use.

(5)

Noises of snowplowing, snowblowing, and snow removal activities.

(6)

Noises of mosquito abatement activities.

(7)

Noises of garbage and refuse pick-up activities.

(8)

Noises of emergency repair and maintenance activities of public utilities and related infrastructure conducted by the Village, other government agencies, and public utility companies.

(9)

Noises of landscaping equipment in accordance with the following:

a.

Upon land used as parks, forest preserves, sports courts, or golf courses seven days per week from one-half-hour before sunrise or 5:00 a.m., whichever is later, until 7:30 p.m. or sunset, whichever is earlier;

b.

Upon land elsewhere in the Village from 7:00 a.m. until 7:30 p.m. or sunset, whichever is earlier, from Monday thru Saturday, and from 9:00 a.m. until 7:30 p.m. or sunset, whichever is earlier, on Sundays.

(10)

Noises of construction equipment during the permissible hours of construction as specified in section 18-744(11).

(11)

Noises of emergency standby power systems, portable gas-powered electric generators, and similar emergency standby electric generators in all districts subject to the following conditions:

a.

The operation of system maintenance cycles, otherwise known as "exercising" shall be exempted for durations of up to 30 minutes per day during the permissible hours of construction as specified in section 18-744(11).

b.

The operation of emergency standby power systems and similar emergency standby electric generators which exceed the provisions of this section shall be permitted as a primary source of electric power supply only during outage periods when electrical power supply is unavailable from a primary electrical service provider.

(Code 1959, § 24.12A.4; Ord. No. 4512, 4-15-2003; Ord. No. 5784, § 2, 4-17-2014; Ord. No. 6458, § 8, 1-4-2022)

Sec. 98-375. - Vibrations.

At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity, except those not directly under the control of the property user, exceed a particle velocity of 0.05 inches per second for steady state vibrations or a particle of velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula 6.28 FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this section, the term "steady state vibrations" means vibrations which are continuous or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.

(Code 1959, § 24.12A.5; Ord. No. 4512, 4-15-2003)

Sec. 98-376. - Smoke and particulate matter.

The emission, from all sources within any lot, of particulate matter containing more than five percent, by weight, of particles having a particle diameter larger than 44 microns is prohibited. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one-half pound per acre of lot size during any one hour. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting or other acceptable means. The emission of smoke or particulate matter of a density greater than no. 1 on the Ringelmann Chart, as published by the U. S. Bureau of Mines in circular 8333 of 1967, is prohibited, except that Ringelmann No. 2 will be permitted for five minutes or Ringelmann No. 3 for three minutes during any eight-hour period, for the purpose of building fires or soot blowing.

(Code 1959, § 24.12A.6; Ord. No. 4512, 4-15-2003; Ord. No. 6458, § 9, 1-4-2022)

Sec. 98-377. - Odors.

The emission of odors or odor-causing substances which exceed the odor threshold at or beyond the lot lines is prohibited.

(Code 1959, § 24.12A.7; Ord. No. 4512, 4-15-2003)

Sec. 98-378. - Toxic and noxious matter.

No emission which would be demonstrably injurious to human health, animals or plant life common to the region, on the ground at or beyond any lot line, will be permitted. Where such emission could be produced as a result of an accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken. This shall not be construed to prohibit spraying of pesticides on public or private property.

(Code 1959, § 24.12A.8; Ord. No. 4512, 4-15-2003)

Sec. 98-379. - Radiation hazards.

The handling of radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the applicable regulations of:

(1)

The Atomic Energy Commission.

(2)

Any instrumentality of the State.

(Code 1959, § 24.12A.9; Ord. No. 4512, 4-15-2003)

Sec. 98-380. - Fire and explosive hazards.

In addition to the requirements of chapter 34:

(1)

Solid materials or products. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning, excluding household items in quantities customarily found in the home, is prohibited unless:

a.

Storage, utilization and manufacture takes place within completely enclosed buildings having incombustible exterior walls; or

b.

Storage, utilization and manufacture neither takes place within 25 feet from any lot line, nor within any required yard.

(2)

Materials or products which decompose by detonation.

a.

Activities involving the transportation, storage or utilization of materials or products which decompose by detonation are prohibited unless:

1.

Such materials shall be stored or utilized in accordance with the regulations promulgated by the State with respect to explosives; and

2.

Explicit written notice of intent to transport, store or utilize such materials shall be given to the building and zoning director prior to such transportation, storage or utilization.

b.

Such materials shall include, but not be limited to, all primary explosives, such as lead azide, lead styphnate, fulminates and tetracene; all high explosives, such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, and hydrazine and its derivatives; pyrotechnics and fireworks, such as magnesium powder, potassium chloride and potassium nitrate; blasting explosives, such as dynamite and nitroglycerin; unstable organic compounds, such as acetylides, tetrazoles and ozonides; strong oxidizing agents, such as liquid oxygen, perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements, such as uranium 235 and plutonium 239.

(3)

Explosive materials and substances having a flashpoint of less than 187 degrees Fahrenheit. All activities involving the use, storage and/or disposal of explosive materials or substances having a flashpoint less than 187 degrees Fahrenheit shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate firefighting and suppression equipment and devices standard to the industry involved.

(Code 1959, § 24.12A.10; Ord. No. 4512, 4-15-2003)

Cross reference— Fire prevention and protection, ch. 34.

Sec. 98-381. - Heat.

Every use and activity shall be operated so that it does not raise the ambient temperature more than two degrees Fahrenheit at or beyond the boundary of any lot line.

(Code 1959, § 24.12A.11; Ord. No. 4512, 4-15-2003)

Sec. 98-382. - Lighting.

(a)

Purpose. The purpose of the lighting ordinance [this section] is to provide outdoor lighting standards that will improve safety, minimize glare and light trespass and conserve energy for businesses and residents of the Village of Glenview.

(b)

Applicability. Previously approved photometric plans are not required to comply with the requirements of this section until more than 50 percent of the existing lighting fixtures, standards, and/or elements are changed or removed. When additional lighting elements are proposed to an existing site a lighting plan shall be required to demonstrate that lighting for the entire site shall thereafter be in compliance with current ordinance requirements.

(c)

Permit required; exemptions.

(1)

No new lighting fixture shall be installed until a permit is obtained in accordance with the chapter 18. No permit shall be issued for any lighting unless the lighting is permitted by and complies with the regulations of this article.

(2)

The following types of lighting are exempt from the permit requirement and the regulations of this article:

a.

Holiday lighting is exempt from the provisions of this code, provided it is maintained in good repair. Displays of holiday related lighting are addressed by section 98-217(7). When not specifically addressed by the lighting code, provisions of the most recent Property Maintenance Code shall apply.

b.

Flag lighting is allowed and cutoff fixtures are not required as long as shielded and/or directional fixtures are installed and aimed to minimize glare, sky glow, and light trespass.

c.

Construction lighting shall be aimed to minimize glare and light trespass to adjacent properties and turned off at the end of construction hours, unless otherwise approved by the village manager or his/her designee through the site development permit process. Construction lighting must meet property line foot-candle requirements.

d.

Temporary special event lighting is exempt when approved by the village manager or his/her designee on a temporary basis as part of the administrative review procedure.

e.

Municipal lighting installed for the benefit of public health, safety and welfare.

f.

Repair, maintenance, and/or replacement of original lighting elements with identical lighting elements, or lighting elements of alternate technologies which produce an equivalent level of illuminance.

(3)

The following types of lighting are exempt from regulations of this article, but shall be subject to the review and approval by the hearing body:

a.

Any decorative or architectural accent lighting fixture with lighting elements which produce a combined illuminance of 1,000 lumens or fewer per fixture shall not be required to be 100 percent cutoff style, except 100 percent cutoff style decorative or architectural accent lighting fixture fixtures may be required on a case-by-case basis by the hearing body in situations where lateral light illuminance may create impacts on adjacent land uses or where a direct line-of-sight would exist from adjacent or nearby residential property.

b.

Recreational sports facility lighting, sports/leisure/entertainment, bridges, publicly zoned properties, public monuments, or other uses not otherwise addressed in this section will be reviewed as part of the site plan review and hearing body review process with photometric plans that provide average and maximum lighting levels. All of the above uses must meet property line foot-candle requirements and use the other tables as recommendations. Full cutoff lighting for recreational sports facilities is strongly recommended. When full cutoff fixtures are not used, outdoor light fixtures shall include internal and/or external glare control. The fixtures shall be installed to minimize uplight and offsite light trespass. Lighting used to illuminate sports surfaces shall be turned off within one-hour after the last event of the evening.

c.

Replacement of original lighting fixtures or standards with alternate lighting fixtures or standards of equal illuminance, cut-off style, and shielding.

(d)

Appeals. Appeals of any decision of the hearing body regarding the requirements of this section, or any other request for relief from the requirements of this section not within the purview of the hearing body shall be subject to the review and approval procedures as set forth in section 98-47 and section 98-50(b).

(e)

Design requirements. Lighting fixtures, standards, and elements not otherwise exempted per subsection (c) shall comply with the following design requirements.

(1)

Cutoff style lighting fixtures shall be installed and maintained to be horizontal to the ground so that the cutoff characteristics of the fixture are maintained.

(2)

Lighting installations shall be maintained in good repair in accordance with the most recent Property Maintenance Code in order to meet the provisions of this section on an on-going basis.

(3)

Building mounted wall packs are required to be fully shielded.

(4)

Pedestrian bollard lighting shall be subject to all the requirements of this section however pedestrian bollard lighting shall not be required to feature 100 percent cutoff style fixtures. One hundred percent cutoff style bollard fixtures may be required on a case-by-case basis by the hearing body in situations where pedestrian-level light illuminance may create impacts on adjacent land uses or where a direct line-of-sight would exist from adjacent or nearby residential property.

(5)

The light source of landscaping lighting shall be recessed and/or shielded to avoid adversely affecting the vision of motorists and/or pedestrians in adjacent areas. Line of sight to a light source shall not be permitted five feet or more beyond the edge of the public right-of-way or property line in a residential district by an observer viewing from a position that is level with or higher than the ground below the fixture.

(6)

All parking lot pole fixtures are required to be cutoff type with recessed lenses to limit glare and light trespass. Fixtures shall be directed below the horizontal rather than above the horizontal.

(7)

Within one-hour after business hours conclude, parking lot lights shall be turned off, or the number of illuminated bulbs reduced by one-half or more, or the overall lighting intensity reduced by at least 50 percent, with the exception of automotive dealerships as specified in Table D-2.

(8)

Parking lot floodlights for area illumination are prohibited.

(9)

Light source locations shall be chosen to minimize the hazards of glare.

(10)

Canopies.

a.

The underside of canopies shall have a matte finish to minimize light reflection.

b.

Canopy lights shall be fully recessed into the canopy. The bottom of each light fixture shall be flush with the ceiling of the canopy so the light source is not visible from or does not cause glare on public right-of-way or adjacent properties.

c.

Lighting beyond the perimeter of a canopy shall be consistent with the lighting ordinance [this section] for commercial parking areas. Lighting standards for canopies are governed by Table D-1.

(f)

Lighting guidelines. Lighting shall be governed by the lighting design guidelines, attached hereto and incorporated into this article, which may be amended from time to time.

(g)

Lighting levels.

(1)

Measurement.

a.

All light fixtures including but not limited to those installed upon standards and poles, those mounted to buildings, and bollard fixtures shall be included upon any lighting and photometric plan.

b.

Unless otherwise stated, all illuminance measurements for the purpose of this section shall be made at ground level with the meter oriented horizontally, on the subject property. Shared parking will be considered as one total subject property for the purpose of this section.

c.

All light levels at ground level which meet or exceed 0.1 foot-candles shall be depicted upon any lighting and photometric plan.

d.

The calculation of the uniformity ratio shall include all lighting levels as depicted upon a lighting and photometric plan at equal intervals at ground level which exceed 0.1 foot-candles and areas depicted on a lighting and photometric plan with light levels of less than 0.1-foot-candle shall be excluded from the calculation.

e.

The minimum light level shall reference the lowest light level within the illuminated area of a site which provides a measurement of 0.1 foot-candles or greater.

f.

The average light level shall reflect the mean of all light levels across a site which exceed 0.1 foot-candles.

(2)

Limits. Any use utilizing outdoor illumination, including that which is reflected and illumination from inside a building that is visible from the outside, shall be conducted in accordance with Table D-1 as follows for all uses, with the exception of automotive dealerships as specified in Table D-2.

(3)

Lighting zones. A subject property may be divided into zones to ensure that localized areas of a subject property which are intended to feature specialized lighting designs can be accommodated without influencing lighting levels elsewhere upon the subject property which would otherwise be permitted per ordinance. Establishment of lighting zones shall be subject to approval by the hearing body and shall be used in application to site lighting designs which attempt to limit lighting levels in areas of a site adjacent to light-sensitive land uses or similar light-sensitive concerns without affecting the uniformity of lighting levels elsewhere upon a given site.

(4)

Waivers. Waivers from the average foot-candle, maximum foot-candle, and uniformity ratio requirements contained in Table D-1 and the maximum foot-candle levels at lot lines contained in Table D-3 may be approved by the hearing body without the need for a zoning variation when the hearing body can identify circumstances and evidence which suggest that proposed conditions will comply with the criteria listed in section 98-47(c).

Table D-1
Levels of Activity Maximum Illuminance Standards (Foot-candles)
Average FC Maximum FC Highest uniformity ratio
High
Drive-up windows (within 20 feet) 20.0 30.0 4:1
Illuminated canopies
Private rights-of-way
High to medium (B-1, B-2, B-3, MURC, DD, S/L/E)
Retail and restaurants 5.0 12.0 4:1
Medium
Offices 2.4 15.0 4:1
Industrial
Hospital
Low
Educational facilities 2.0 8.0 4:1
Institutional and churches
Multifamily residential
Uses that are not listed above, including but not limited to recreational sports facility lighting, sports/leisure/entertainment, bridges, publicly zoned properties or public monuments will be reviewed on a case-by-case basis by the Glenview Development Commission - Development Adjustments or Glenview Development Commission - New Development.

 

Table D-2
Lighting shall be provided as follows for automotive dealerships:
Areas Of Activity Description Maximum FC
Feature display area and merchandise area The first row of vehicles adjacent to a major/minor arterial, including the area in front of the vehicle up to the property line and behind the vehicle up to the merchandise area and/or the circulation area including drive aisles. All other rows of vehicles on a lot used for general auto sales, including all areas surrounding the vehicle up to the defined circulation area including related drive aisles are also included. Compliance with the provision related to security lighting, below, is required following the close of service hours. 125 foot-candles (maximum)
Circulation area Includes all portions of the lot dedicated to customer parking, employee parking, site entrance areas and inventory areas including related drive aisles. Compliance with the provision related to security lighting, below, is required following the close of service hours. 15 foot-candles (maximum)
Security lighting, Monday—Sunday The maximum average amount of light found on site within each of the areas of activity, including the feature display area, merchandise area, and circulation area following the close of service hours. 10 foot-candles (maximum average)

 

Table D-3
The maximum limit of illuminance on the subject property at the lot line shall be as noted when adjacent to the following uses: Maximum foot-candles (fc) Maximum fixture height (height is measured from adjacent existing grade to the top of the pole or luminaire, whichever is higher) Maximum fixture height when 100' from residential
Residential (including buildings primarily devoted to religious worship) 0.1 fc 14' for any fixture which is not fully shielded to prohibit line-of-sight views of any light element from adjacent property 14' for any fixture which is not fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
18' for any fixture which is fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
Limited commercial 0.2 fc 20' 14' for any fixture which is not fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
18' for any fixture which is fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
Business, Hospital and medical, Commercial, Light industrial, Service and Public Lands 2.0 fc 20' 14' for any fixture which is not fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
18' for any fixture which is fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
Automotive dealerships 5.0 fc 24' 14' for any fixture which is not fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
18' for any fixture which is fully shielded to prohibit line-of-sight views of any light element from adjacent residential property
Public or Private Roadway Rights-of-way 5.0 fc N/A N/A

 

(h)

Prohibitions. High-intensity, special-purpose lighting is prohibited, including, but not limited to the below:

(1)

Aerial lasers;

(2)

Searchlight style lights;

(3)

Flickering or flashing lighting;

(4)

It is unlawful for any person to illuminate his or her property with floodlights or other lights which shine or glare into or toward any private dwelling house of another or into any street or avenue. All lights used for the illumination of property shall be directed toward the ground or toward the property to be illuminated, and should be equipped with reflectors and shields which shall prevent glare in the direction of any private dwelling house of another or into any street.

(5)

Outdoor light projectors, except any light projector used for signage purposes otherwise expressly authorized by the hearing body.

(6)

Any lighting that creates a public nuisance or hazard can be ordered removed or altered by the village manager or his/her designee.

(Code 1959, § 24.12A.12; Ord. No. 4512, 4-15-2003; Ord. No. 5394, § 2, 11-16-2010; Ord. No. 5747, § 4, 12-10-2013; Ord. No. 5748, § 2, 12-10-2013; Ord. No. 6398, § 11, 2-12-2021; Ord. No. 6669, § 2, 5-6-2025)

Editor's note— Ord. No. 5748, § 2, adopted December 10, 2013, set out provisions noting this section of the Code shall not be applicable to automotive sales and leasing dealership uses; provided, however, that all other standards and regulations set forth in this Code relating to automotive sales and leasing uses shall remain in full force and effect.

Sec. 98-383. - Electromagnetic interference.

There shall be no electromagnetic interference that:

(1)

Adversely affects, at any point, the operation of any equipment, other than that belonging to the creator of such interference; or

(2)

Is not in conformance with the regulations of the Federal Communications Commission.

(Code 1959, § 24.12A.13; Ord. No. 4512, 4-15-2003)

Sec. 98-384. - Enforcement procedure.

(a)

When a new or altered commercial or industrial use of an occupancy is proposed that may, in the opinion of the building and zoning director, involve a possible violation of the regulations of this article, the building and zoning director shall, as a condition precedent to issuing a permit for such use or occupancy, require the deposit in escrow of $500.00 for a period of one year from the date of the new or altered use or occupancy. If, during such one-year period, the building and zoning director believes there is a reasonable probability that the regulations of this article are being violated, he may employ a qualified technician to perform investigations, measurements and analyses to determine whether or not the regulations of this article are being violated and may pay the technician's reasonable fees out of the escrow deposit, regardless of the outcome of the investigation. If the reasonable fees of such technician exceed the amount of any available escrow deposit, and if a violation of this article is discovered, the fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in section 98-8. Escrow deposits or remainders thereof shall be returned to the depositors at the expiration of the escrow period.

(b)

Whenever, in the opinion of the building and zoning director, there is a reasonable probability that any use or occupancy violates the regulations of this article, he is hereby empowered to employ a qualified technician to perform investigations, measurements and analyses to determine whether or not the regulations of this article are being violated. If a violation is found to exist, the violator shall be liable for the reasonable fees of the technician employed to perform such investigations, measurements and analyses. When no escrow deposit is available, such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in section 98-8.

(c)

If a complaint is received regarding an alleged violation of any of the regulations of this article, and the building and zoning director does not believe that there is a reasonable probability that such a violation actually exists, the building and zoning director may, as a condition precedent to further investigation, require that the complainant post an escrow deposit with the village collector in the amount of $200.00 to defray the cost of employing a qualified technician to perform such investigations, measurements and analyses as may be necessary to determine whether or not such violation exists. If the complaint is substantiated, the escrow deposit shall be refunded to the depositor, and the reasonable fees incurred in retaining the qualified technician shall be recovered in the manner provided in subsection (a) or (b) of this section. If the complaint proves unfounded, such fees shall be paid from the complainant's escrow deposit, any remainder of such deposit shall be refunded to the complainant.

(d)

In addition to the procedures specified in this section, the regulations of this article may also be enforced in the same ways as other provisions of this chapter.

(Code 1959, § 24.12A.14; Ord. No. 4512, 4-15-2003)