Only manufacturing, assembling, processing, storage in connection with such uses and related utility services and research and development shall be permitted in the LI district, and such uses shall show compliance with the applicable performance standards and other applicable federal, state and county codes, ordinances and regulations.

Because permitted uses in the LI district are determined by compliance with applicable performance standards, there shall be no special uses except for as follows:

   A.   Adult-use cannabis craft growers, cultivation centers, infusers, and processors.

   B.   Adult-use cannabis transporters, if in combination with a craft grower, cultivation center, infuser and/or processor. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

In the LI district, residences and apartments are prohibited, except those required for watchmen or attendants whose continual presence on the premises is necessary. In this connection, trailers or mobile homes shall not be permitted.

   A.   Setbacks: Along the outer perimeter of an LI district adjacent to an estate, residential, or farming district, no building, structure or land within one hundred feet (100') shall be used in connection with the operation of any establishment including parking except that railroad sidings may extend over this area. No parking shall be permitted in the perimeter setback areas. These perimeter and setback areas shall be landscaped. Side and rear yards shall be no less than twenty five feet (25'). The outer perimeter, adjacent to all other districts shall have a fifty foot (50') minimum clear zone, including side yards within the LI district, except as provided in subsection 25-7-5-1D of this chapter. There shall also be a minimum setback of fifty feet (50') from all internal streets within the LI district.

   B.   Building Height: A maximum height of two (2) stories or forty feet (40') above the average surrounding ground level shall be allowed for all principal and accessory buildings. This maximum height may be exceeded, but for each additional story or part thereof the maximum lot coverage shall be decreased by five percent (5%). Towers, stacks, chimneys and flagstaffs shall be permitted to rise twenty five feet (25') above the structure of which they are an integral part.

   C.   Screening: All activities and operations shall be within completely enclosed buildings, or may be out of doors if completely screened by an eight foot (8') high solid wall, solid fence, or a landscape planting at least ten feet (10') in width.

   D.   Off Street Loading: Truck loading and unloading facilities shall be provided in sufficient quantity and be so located that all vehicles transporting materials to and from buildings shall be entirely within the property lines during loading and unloading operations.

   A.   Noise: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of sound level meter and shall include continuous noise and those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of not more than plus or minus two (±2) decibels. Noise incapable of being so measured shall be measured with the impact noise meter manufactured by the general radio company, or its equivalent, and shall comply with the applicable performance standards for noise.

At no point on the boundary of a residence or business district shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under control of this ordinance, such as operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table:

MAXIMUM PERMITTED SOUND LEVEL
(Decibels)

 

   B.   Vibration: 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 shall be measured at any point along a residential district boundary with a three (3) component measuring instrument approved by the county zoning enforcing officer and shall be expressed as displacement in inches.

 

 

   C.   Smoke And Particulate Matter: 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 shall henceforth be unlawful.

For the purpose of grading the density of smoke, the Ringelmann chart published by the U.S. bureau of mines shall be employed. The emission of smoke or particulate matter of density greater than no. 2 on the Ringelmann chart, or in quantity of more than eight (8) smoke units per hour per stack, is prohibited at all times except as otherwise provided hereinafter.

During one 1-hour period in each twenty four (24) hour day, and only during that length of time, each stack may exceed these limits when blowing soot or cleaning fires. Smoke of Ringelmann no. 3 density or greater shall then be permitted for not more than three (3) minutes per period.

Dust and other types of air pollution, borne by wind from such various sources as storage areas, yards, roads, and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or other acceptable means.

The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour.

   D.   Toxic Or Noxious Matter: No use for any period of time shall discharge across the boundaries of the lot wherein it is located, toxic or noxious matter in such concentration as to be a nuisance or detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

   E.   Odors: The emission of odorous matter in such concentrations as to be readily detectable at any point along the boundaries of the property or in such concentrations as to create a nuisance or hazard beyond such boundaries is prohibited.

   F.   Fire:

      1.   The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

      2.   The storage, utilization or manufacture of solid materials or products ranging from free to active burning to intense burning is permitted provided the following conditions are met:

         a.   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 county of Kane and the National Fire Protection Association.

         b.   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 county of Kane and the National Fire Protection Association.

      3.   The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors under ordinary weather temperatures, 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:

         a.   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 county of Kane and the National Fire Protection Association.

         b.   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 county of Kane and the National Fire Protection Association.

         c.   The storage of flammable liquids in excess of the following quantities shall not be permitted:

 

 

      4.   Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in an LI district.

   G.   Glare-Heat-Flash: Any operation producing intense glare, heat or flash shall be performed within a completely enclosed building in such manner as not to create a nuisance or hazard along lot lines.

   H.   Radiation:

      1.   Airborne radioactive materials shall not exceed at any point on or beyond the lot line the lowest concentration permitted for the general population by applicable federal and state laws and regulations in effect.

      2.   No activity involving radiation hazards shall be permitted which cause to any individual who may be continuously at any point on or beyond the lot line, radiation in excess of the smallest amount permitted in the applicable federal and state laws and regulations. (Ord. 78-79, § 17, 6-13-1978; Ord. 14-200, 7-8-2014)

In the I district any use is permitted except the following:

   A.   Residences and apartments, except those required for watchmen or attendants whose continual presence on the premises is necessary. In this connection, trailers or mobile homes shall not be permitted.

   B.   Taverns, roadhouses, refreshment stands, restaurants and other retail establishments selling or serving, or both selling and serving, alcoholic liquors or beer at retail.

   C.   Dance halls and rollerskating rinks.

   D.   Garbage disposal.

   E.   Mining of topsoil, earth, clay, gravel, peat, sand and stone, unless approved as provided in subsection 25-8-1-2P of this chapter.

   F.   Storing or disposal of junk, motor vehicles not in a self- propelling, self-operative condition, or motor vehicle parts, outside of any fully enclosed building, except that such use may be permitted within an area that is completely screened by a solid wall or uniformly painted solid fence at least eight feet (8') in height. Said vehicles or parts thereof, or junk, shall not be stored to a height greater than that of the enclosing wall or fence. Setback requirements for such walls or fences shall be in accordance with section 25-7-5-3 of this chapter. Such use shall require the approval of the county board as a special use after a duly advertised public hearing before the zoning board.

   G.   Wrecking or dismantling of motor vehicles, unless conducted in accordance with subsection F of this section.

   H.   Any manufactory, industry, process or use that is detrimental to health, or to neighboring property, by reason of the emission of odor, dust, gas, smoke, noise, vibration or glare, or which is hazardous to life or property.

   I.   Tourist courts, motels or trailer parks.

   J.   Racetracks.

   K.   Advertising signs, billboards, and business signs exceeding the limits set in subsections 25-10-2-1B and 25-10-2-2F of this chapter.

   L.   Asphalt plants.

   M.   Adult-use cannabis business establishments. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

The following special uses may be allowed in the I district subject to the provisions of section 25-4-8 of this chapter:

   A.   Adult-use cannabis craft growers, cultivation centers, infusers, and processors.

   B.   Adult-use cannabis transporters, if in combination with a craft grower, cultivation center, infuser and/or processor. (Ord. 88-62, 5-10-1988; Ord. 02-168, 6-11-2002; Ord. 14-200, 7-8-2014; Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)