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Grant Park City Zoning Code

CHAPTER 9

INDUSTRIAL DISTRICTS

9-9A-1: PURPOSE:

   (A)   To provide for lands for development by industrial firms that have high standards of performance that can be located in relatively close proximity to residential and business uses.
   (B)   To provide regulations that are designed to permit the operations of most manufacturing, wholesaling and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another.
   (C)   To provide some retail uses that service industrial uses within the industrial areas or that do not depend upon the direct visits of retail customers. (Ord. O-9-17-3, 9-18-2017)

9-9A-2: POLICY:

To achieve the purpose of the I-1 Light Industrial District, it shall be the policy of the Village to:
   (A)   Promote industrial development in Municipal planned industrial areas.
   (B)   Locate industrial uses on lands suitable for those purposes, yet at locations that would not be harmful or disadvantageous to nearby or adjacent lands.
   (C)   So locate the I-1 Light Industrial District to available Municipal police and fire protection so as to protect these areas from the dangers of fire, explosion, noxious fumes and other threats to health and well being.
   (D)   Encourage the grouping of compatible industrial activities, thereby promoting convenience, efficiency and safety in transportation.
   (E)   So locate the I-1 Light Industrial District where existing paved roads may provide convenience, efficiency, and safety in transportation.
   (F)   Discourage the intrusion of residential and commercial uses which are noncompatible with I-1 uses.
   (G)   Locate all I-1 Districts within current Municipal water sewerage disposal service areas. (Ord. O-9-17-3, 9-18-2017)

9-9A-3: USES PERMITTED:

No land shall be used or occupied and no building, structure, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this title, for other than one or more of the following specified uses:
Industrial type uses:
All low nuisance, light manufacturing and industrial activities, not expressly prohibited in section 9-9A-7 of this article including fabrication, processing, assembly, disassembly, repairing, cleaning, servicing, testing, packaging and storage of materials, products and goods that can be conducted wholly within enclosed buildings.
Fertilizer and seed sales.
Grain storage.
Laboratories and research firms involved in a research, experimentation or testing of materials, goods or products.
Printing, publishing, or lithography establishments.
Vocational schools.
Miscellaneous uses:
Automobile service station.
Contractor offices.
Manufactured housing sales.
Meeting halls.
Professional offices.
Restaurant.
Public, quasi-public and governmental buildings and facilities:
Animal pounds and shelters.
"Essential services", as defined in chapter 2 of this title.
Office building.
Public service or Municipal garage.
Public utility establishment.
Vocational school.
Wholesale and warehouse uses:
Direct selling establishments, where products are stored and distributed, but not displayed for retail sales.
Establishments that warehouse and distribute beverages.
Mini warehouses.
Wholesale and warehouse establishments that deal in commodities which are the product of a use permitted in the I-1 District. (Ord. O-9-17-3, 9-18-2017)

9-9A-4: SPECIAL USES PERMITTED:

The following uses shall be permitted only if specifically authorized by the Board as allowed in chapter 14 of this title:
Adult oriented establishments, as identified and under additional specific regulations of section 9-3-10 of this title.
Medical cannabis facilities provided the facilities otherwise comply with the provisions of chapter 17 of this title.
Outdoor storage, including contractors' yards.
Recreational uses (commercial or private).
Residence of the proprietor, caretaker or watchman, when located on the premises of the commercial or industrial use.
Service retail businesses, such as, but not limited to:
Animal hospitals.
Automobile painting, repair, major and minor, including body repair shops, but excluding salvage yards.
Banks, savings and loans.
Blueprinting establishments.
Medical clinics.
Tattoo parlors. (Ord. O-9-17-3, 9-18-2017)

9-9A-5: TEMPORARY USES PERMITTED:

Upon application to and issuance by the Code Enforcement Officer of a permit, the following uses may be operated as temporary uses:
Temporary building, trailer or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of six (6) months and shall not be renewed for more than one additional period.
Temporary office or residence both incidental and necessary for the sale, maintenance, or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of six (6) months and shall not be renewed for more than two (2) successive periods at the same location. (Ord. O-9-17-3, 9-18-2017)

9-9A-6: ACCESSORY USES PERMITTED:

Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. (Ord. O-9-17-3, 9-18-2017)

9-9A-7: PROHIBITED USES:

All uses not expressly authorized in sections 9-9A-3 through 9-9A-6 of this article, inclusive.
Any use that creates any external odor, smoke, dust, noise or glare or that involves the use of any radioactive or highly toxic materials, as determined by the Code Enforcement Officer. (Ord. O-9-17-3, 9-18-2017)

9-9A-8: SITE AND STRUCTURE REQUIREMENTS:

   (A)   Minimum Lot Area: Forty thousand (40,000) square feet of separate ground area shall be provided for each parcel used for a permitted or special use.
   (B)   Minimum Lot Frontage: A minimum lot frontage of one hundred twenty feet (120') shall be provided for each parcel used for a permitted or special use. Corner lots shall have a minimum of one hundred forty four feet (144') of lot width.
   (C)   Minimum Lot Depth: A minimum lot depth of one hundred twenty feet (120') shall be provided for each parcel containing a permitted or special use.
   (D)   Yards:
      1.   Front yard: All structures shall be set back at least fifty feet (50') from the front lot line.
      2.   Side yard: All structures shall be set back at least five feet (5') from the side lot line.
      3.   Rear yard: All structures shall be set in from the rear lot line a distance of not less than fifteen feet (15').
      4.   Transitional yard: Where properties in the I-1 District are adjoining a residential or commercial district, a yard shall be provided along such side lot line, not less than thirty feet (30') in width. Where properties in the I-1 District are adjoining or across road rights-of-way from commercial or residential zoning districts, or across road rights-of-way from other zoning districts, the required yards shall be at least equal in dimension to the adjoining yards in the adjoining district(s) or the front yards in the district(s) separated from the property by road rights-of-way. Where yards in the I-1 District exceed the requirements of the adjoining district(s), the yards of the I-1 District shall apply.
   (E)   Maximum Height: No structure or portion thereof shall exceed a height of fifty feet (50').
   (F)   Floor Area Ratio: Not to exceed eighty percent (80%).
   (G)   Maximum Lot Coverage: Principal building not to exceed thirty percent (30%). The total of all accessory buildings not to exceed ten percent (10%).
   (H)   Maximum Area Coverage: Including all buildings, structures, sidewalks, parking areas or other hard surface not to exceed eighty percent (80%).
   (I)   Minimum Landscaped Area: Two percent (2%) of the total square footage of the real property shall be set aside as a decorative landscaped area, enhancing the street side of the property, and as approved by the Code Enforcement Officer. (Ord. O-9-17-3, 9-18-2017)

9-9A-9: SPECIAL PROVISIONS:

   (A)   Warehouse And Storage Facilities: Warehouse and storage facility functions shall be totally enclosed and conducted within buildings and structures.
   (B)   Business Servicing Or Processing: All business servicing or processing, except for off street parking and off street loading shall be conducted within completely enclosed buildings.
   (C)   Outside Storage: All outside storage of goods, materials and products shall be screened in accordance with section 9-3-5 of this title. Lighting of the facility shall be directed away from surrounding properties.
   (D)   Outdoor Sales: All outdoor sales space shall be provided with a permanent durable concrete or asphalt surface, and shall be graded and drained as to dispose of all surface water.
   (E)   Curb, Gutter, Storm Drainage And Entrance Curbs: Required on all street frontages and shall meet the approval of the Village Engineer and Village standards.
   (F)   Parking And Loading Requirements: In accordance with the applicable regulations set forth in chapter 12 of this title.
   (G)   Sign Requirements: In accordance with the applicable regulations set forth in chapter 13 of this title.
   (H)   Waste Materials: No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.
   (I)   Screening: Where a commercial or industrial use abuts or is across the street from a residential district, adequate screening shall be provided as set forth in section 9-3-5 of this title. Any screening required of service yards or other areas which tend to be unsightly shall be accomplished by walls, fencing, planting or a combination of these as outlined in section 9-3-5 of this title. Screening must enhance architectural features and strengthen vistas along important ways of approach or entry.
   (J)   Enclosure Of Use: All industrial or commercial operations shall take place within completely enclosed buildings, unless otherwise specified.
   (K)   Performance Standards: Processes and equipment employed shall comply with the provisions of performance standards as outlined in article C of this chapter. (Ord. O-9-17-3, 9-18-2017)
GR249   9-9B.txt ()CHAPTER 9
INDUSTRIAL DISTRICTS

9-9B-1: PURPOSE:

   (A)   To provide for lands for development by most types of industrial firms.
   (B)   To provide regulations that are designed to permit operations of most industrial activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another within the district. (Ord. O-9-17-3, 9-18-2017)

9-9B-2: POLICY:

To achieve the purpose of the I-2 District, it shall be the policy of the Village to:
   (A)   Promote industrial development in Municipal planned industrial areas.
   (B)   Locate industrial uses on lands suitable for those purposes, yet at locations that would not be harmful or disadvantageous to nearby or adjacent lands.
   (C)   So locate the I-2 District to available Municipal police and fire protection so as to protect these areas from the dangers of fire, explosion, noxious fumes and other threats to health and well being.
   (D)   Encourage the grouping of compatible industrial activities, thereby promoting convenience, efficiency and safety in transportation.
   (E)   So locate the I-2 District where existing paved roads may provide convenience, efficiency and safety in transportation.
   (F)   Discourage the intrusion of residential and commercial uses which are noncompatible with I-2 uses. (Ord. O-9-17-3, 9-18-2017)

9-9B-3: USES PERMITTED:

No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this title, for other than one or more of the following specified uses:
Adult oriented establishments, as identified and under specific additional regulations of section 9-3-10 of this title.
Industrial and manufacturing type uses:
Abrasive manufacturing.
Bakeries.
Boot and shoe manufacturing.
Bottling companies.
Dairy products processing.
Dry cleaning establishments and laundries employing more than ten (10) persons.
Electronic and scientific precision instruments manufacturing.
Electroplating.
Food manufacture, packaging and processing.
Furniture, bedding, and carpet manufacturing.
General manufacturing.
Glass products production and sales.
Light machinery production.
Lithographing.
Machine shop.
Paper products manufacturing.
Plastics processing.
Pottery and ceramics manufacturing.
Printing and publishing establishments.
Wearing apparel manufacturing.
Woodworking.
Miscellaneous uses:
Freight terminals, including air, motor and railroad.
Parking lots and garages, principal.
Radio and television stations and studios.
Schools - vocational or trade.
Public, quasi-public and governmental buildings and facilities:
Banks and financial institutions.
Business, professional, medical and dental offices.
Civic buildings.
Wholesale and warehouse uses:
Building materials and products sales and storage.
Cartage and express facilities.
Warehouses, storage, and distribution facilities. (Ord. O-9-17-3, 9-18-2017)

9-9B-4: SPECIAL USES PERMITTED:

The following uses shall be permitted only if specifically authorized by the Board as allowed in chapter 14 of this title:
Antenna towers in excess of sixty feet (60') in height, as measured from ground level.
Industrial or manufacturing uses:
Asphalt products manufacturing.
Boiler and tank manufacturing.
Brick and structural clay products manufacturing.
Chemical and processing manufacturing.
Concrete mixing plants.
Feed mills.
Foundries and forge plants.
Grain storage and processing.
Heavy machinery production.
Leather tanning and processing.
Meatpacking.
Metal reduction and refinement.
Metal stamping.
Petroleum products processing and storage.
Petroleum refining.
Rubber processing and manufacturing.
Steel manufacturing.
Stone products manufacturing.
Medical cannabis facilities provided the facilities otherwise comply with the provisions of chapter 17 of this title.
Miscellaneous uses:
Air, motor and railroad freight terminals.
Airports and heliports.
Automobile or truck service stations, repair facilities and car washes used in conjunction with a service station.
Bulk storage of petroleum products.
Car washes.
Eating and drinking establishments.
Fuel and ice sales.
Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding.
Health clubs.
Mining operations.
Planned unit developments.
Public and private utility facilities.
Recreation and social facilities.
Stadiums. (Ord. O-9-17-3, 9-18-2017)

9-9B-5: TEMPORARY USES PERMITTED:

Upon application to and issuance by the Code Enforcement Officer of a permit, the following uses may be operated as temporary uses:
Temporary building, trailer or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of six (6) months and shall not be renewed for more than one additional period.
Temporary office or residence both incidental and necessary for the sale, maintenance, or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of six (6) months and shall not be renewed for more than two (2) successive periods at the same location. (Ord. O-9-17-3, 9-18-2017)

9-9B-6: ACCESSORY USES:

Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel and do not include structures or features inconsistent with the permitted use or special use. (Ord. O-9-17-3, 9-18-2017)

9-9B-7: PROHIBITED USES:

All uses not expressly authorized in sections 9-9B-3 through 9-9B-6 of this article, inclusive.
Any use that creates any external odor, smoke, dust, noise or glare or that involves the use of any radioactive or highly toxic materials, as determined by the Code Enforcement Officer. (Ord. O-9-17-3, 9-18-2017)

9-9B-8: SITE AND STRUCTURE REQUIREMENTS:

   (A)   Minimum Lot Area: One acre of separate ground area shall be provided for each parcel used for a permitted or special use.
   (B)   Minimum Lot Frontage: A minimum lot frontage of one hundred fifty feet (150') shall be provided for each parcel used for a permitted or special use. Corner lots shall contain a minimum of one hundred seventy feet (170') of width.
   (C)   Minimum Lot Depth: A minimum lot depth of one hundred twenty feet (120') shall be provided for each parcel containing a permitted or special use.
   (D)   Yards:
      1.   Yards Facing Existing Or Proposed Roadways (Not Including Interior Circulation Roads Or Drive Within An Individual Tract): There shall be a required yard adjacent to each existing or proposed roadway which bounds an individual tract. Such required yard shall not be less than one hundred feet (100') in depth; provided, however, that such a yard located across a street from a residential district shall not be less than one hundred fifty feet (150') in depth.
      2.   Side Yard: All structures shall be set back not less than fifteen feet (15') from the side lot line, except where side lot line abuts upon a residential district, the required side yard shall be not less than one hundred feet (100').
      3.   Rear Yard: All structures shall be set back not less than fifteen feet (15') from the rear lot line, except where rear lot line abuts upon a residential district, the required rear yard shall be not less than one hundred feet (100').
   (E)   Maximum Height: No structure or portion thereof, shall exceed a height of fifty feet (50').
   (F)   Floor Area Ratio: Not to exceed seventy percent (70%).
   (G)   Maximum Lot Coverage: Principal building and any accessory structures combined may not exceed forty percent (40%). The balance of the lot shall be used for, but not limited to, parking, open space and yard recreation space.
   (H)   Maximum Area Coverage: Including all buildings, structures, sidewalks, parking areas or other hard surface not to exceed eighty percent (80%).
   (I)   Minimum Landscaped Area: Two percent (2%) of the total square footage of the real property shall be set aside as a decorative landscaped area, enhancing the street side of the property, and as approved by the Code Enforcement Officer. (Ord. O-9-17-3, 9-18-2017)

9-9B-9: SPECIAL PROVISIONS:

   (A)   Warehouse And Storage Facilities: Warehouse and storage facility functions shall be totally enclosed and conducted within buildings and structures.
   (B)   Business Servicing Or Processing: All business servicing or processing, except for off street parking and off street loading shall be conducted within completely enclosed buildings.
   (C)   Outside Storage: All outside storage of goods, materials and products shall be screened in accordance with section 9-3-5 of this title. Lighting of the facility shall be directed away from surrounding properties.
   (D)   Outdoor Sales: All outdoor sales space shall be provided with a permanent durable concrete or asphalt surface, and shall be graded and drained as to dispose of all surface water.
   (E)   Curb, Gutter, Storm Drainage And Entrance Curbs: Required on all street frontages and shall meet the approval of the Village Engineer and Village standards.
   (F)   Parking And Loading Requirements: In accordance with the applicable regulations set forth in chapter 12 of this title.
   (G)   Sign Requirements: In accordance with the applicable regulations set forth in chapter 13 of this title.
   (H)   Waste Materials: No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.
   (I)   Screening: Where a commercial or industrial use abuts or is across the street from a residential district, adequate screening shall be provided as set forth in section 9-3-5 of this title. Any screening required of service yards or other areas which tend to be unsightly shall be accomplished by walls, fencing, planting or a combination of these as outlined in section 9-3-5 of this title. Screening must enhance architectural features and strengthen vistas along important ways of approach or entry.
   (J)   Enclosure Of Use: All industrial or commercial operations shall take place within completely enclosed buildings, unless otherwise specified.
   (K)   Performance Standards: Processes and equipment employed shall comply with the provisions of performance standards as outlined in article C of this chapter. (Ord. O-9-17-3, 9-18-2017)
GR249   9-9C.txt ()CHAPTER 9
INDUSTRIAL DISTRICTS

9-9C-1: PURPOSE:

   (A)   To provide that business, utilities, light industry, research and related activities shall be established and maintained with proper appearance from streets and adjoining properties.
   (B)   To provide that each permitted or special use shall be a good neighbor to adjoining properties by the control of emission of noise, odor, glare, light, vibration, smoke, particulate matter, gases, wastes and other hazards.
   (C)   To state the conditions of construction and operation with which uses will be expected to comply. (Ord. O-9-17-3, 9-18-2017)

9-9C-2: COMPLIANCE:

   (A)   Performance Standards Procedure:
      1.   Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement filed by the owner of subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
In many cases, the relation of a prospective use to all these performance standards cannot be judged properly at the time of building permit issuance. In such cases, the recipient of the building permit should note that these standards, like all other provisions of this title, are continuing obligations and that all uses shall be expected to operate in compliance with these standards. The building plans shall bear the signature of a qualified professional stating that all performance standards will be complied with based upon the submitted building plans. The Village retains the option to conduct its own investigation to determine compliance with the performance standards.
      2.   Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be enforced by the Code Enforcement Officer.
      3.   The Code Enforcement Officer shall investigate any purported violation of performance standards and, if there is reasonable grounds for the same, shall notify the Village Board of the occurrence or existence of a probable violation thereof. If after investigation, the Code Enforcement Officer finds that a violation occurred or exists, such violation shall be terminated as provided in subsection (A)4 of this section.
      4.   All violations, as ascertained through investigation, shall be terminated within thirty (30) days of the decision of the Code Enforcement Officer or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of these regulations and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the Code Enforcement Officer. Any violation which presents an emergency to person or property shall be dealt with immediately in a manner determined by emergency personnel.
   (B)   Regulation Of Nuisance Elements:
      1.   No land or building in any I-1 or I-2 District which shall be used, occupied or operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable, fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises at the specified point or points of the determination.
      2.   The determination of the existence of any dangerous and objectionable elements shall be made at:
         (a)   The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.
         (b)   At or beyond the property lines of the use creating such elements for noise, for vibration, for glare, and for odors, wherever the effect is greatest. (Ord. O-9-17-3, 9-18-2017)

9-9C-3: MEASUREMENT:

Each measurable standard shall be measured at the appropriate indicated location in accordance with the provisions of section 9-9C-4 of this article. (Ord. O-9-17-3, 9-18-2017)

9-9C-4: STANDARDS:

   (A)   Fire And Explosion Hazards: All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of State and local laws and regulations shall also apply.
   (B)   Radioactivity Or Electrical Disturbance: No activities shall be permitted which cause radioactivity in violation of the Code of Federal Regulations, "Standards for Protection Against Radiation", the most current revision or amendment thereto.
No activities shall be permitted which emit dangerous electrical disturbances adversely affecting the operation of any equipment. All applicable Federal regulations shall be complied with.
   (C)   Noise: Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the value given in tables 1 and 2 of this subsection (C) of any octave band frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. Octave band analyzers shall be calibrated in the preferred frequencies (American Standards Association S1.6-1967). Preferred frequencies for acoustical measurements shall be used.
   TABLE 1
Center Frequency
Cycles Per Second
Maximum Permitted Sound Pressure Level, Decibels
Center Frequency
Cycles Per Second
Maximum Permitted Sound Pressure Level, Decibels
31.5
79
63
74
125
69
250
64
500
58
1,000
52
2,000
47
4,000
43
8,000
40
 
If the noise is not smooth and continuous, one or more of the corrections in table 2 of this subsection shall be added to or subtracted from each of the decibel levels given in table 1 of this subsection.
   TABLE 2
Type Of Operation
Or Character Of Noise
Corrections
In Decibels
Type Of Operation
Or Character Of Noise
Corrections
In Decibels
Daytime operation only
Plus 5
Noise source operates less than:
 
 
20 percent of any 1 hour period
Plus 51
 
5 percent of any 1 hour period
Plus 101
 
1 percent of any 1 hour period
Plus 15 percent
Noise of impulsive character (hammering, etc.)
Minus 5
Noise of periodic character (hum, screech, etc.)
Minus 5
Property not located within 500 feet of any R district:
 
 
I-1 District
Plus 5
 
I-2 District
Plus 10
 
   Note:
      1.    Apply 1 of these corrections only.
   (D)   Odors: No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the lot from which they are emitted. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.
   (E)   Glare: Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. Any operation or activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one-half (1/2) foot-candle when measured at the lot line. Exposed sources of light shall be shielded and intense sources of light shall be controlled so as not to cause a nuisance across lot lines.
   (F)   Exterior Lighting: Any lights used for exterior illumination shall direct light away from adjoining properties.
   (G)   Heat: Any operation producing intense heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines.
   (H)   Vibration: No vibration shall be permitted which is detectable without instruments at any property line of the lot.
   (I)   Smoke: Measurement shall be made at the point of emission. The Ringelmann smoke chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke no darker or more opaque than no. 0 on said chart may be emitted except that smoke not darker or more opaque than no. 1 on said chart may be emitted for periods not longer than four (4) minutes in any thirty (30) minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
   (J)   Particulate Matter: Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.1 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit (500°F) and fifty percent (50%) excess air.
   (K)   Gases: Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.
   (L)   Other Forms Of Pollution: No emission of fly ash, dust, fumes, vapors, gases or any other forms of air, earth or water pollution shall be permitted which can cause any damage to health, to animal, vegetation, or other forms of property, or which can cause any excessive soiling. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business, shall be permitted.
   (M)   Hazard: Any operation allowed in articles A and B of this chapter shall be carried on with reasonable precautions against fire and explosion hazards.
   (N)   Waste: All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the Village, the State of Illinois, and the USEPA. Approval of the Illinois Environmental Protection Agency of all plans for waste disposal facilities shall be required before issuance of any building permit. (Ord. O-9-17-3, 9-18-2017)

9-9C-5: INVESTIGATION:

   (A)   Should the Code Enforcement Officer determine that the proposed or current use violates or may violate the performance standards as set forth herein, an investigation shall be initiated. The property owner shall provide information as requested, including, but not limited to, the following:
      1.   Plans of the existing or proposed construction and development.
      2.   A description of the existing or proposed machinery, processes and products.
      3.   Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this section.
      4.   Measurements of the amount or rate of emission of said dangerous and objectionable elements. Failure to submit data requested by the Code Enforcement Officer shall constitute an intentional violation.
   (B)   The Code Enforcement Officer may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed or current use could be brought into compliance. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the Code Enforcement Officer and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the Planning Commission shall select the consultant. The cost of the consultant's services shall be borne by the owner or operator of said use.
   (C)   If violation continues to exist after the conclusion of the time granted for compliance with the performance standards, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied. (Ord. O-9-17-3, 9-18-2017)