(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-7-1.1.

General purpose statement. The industrial districts set forth herein are established to protect the stability of manufacturing activities in the village and to encourage the development of new manufacturing activities by providing adequate and appropriate space within the village that will not be injurious to any neighboring districts.

The three (3) districts, when taken together, are intended to accommodate a range of manufacturing, warehousing, wholesaling, and transportation uses that are compatible with the village's suburban character. The districts will provide areas for new industrial growth as well as preserve areas of existing activities.

26-7-1.2.

Accessory and temporary uses and structures. Accessory and temporary uses and structures are permitted in all industrial districts subject to the provisions of chapter 26, article 9.

26-7-1.3.

Parking and loading. The parking and loading regulations applicable in all industrial districts are set forth in chapter 26, article 10.

26-7-1.4.

Signs. Sign regulations applicable in all industrial districts are set forth in chapter 26, article 11.

26-7-1.5.

Performance standards. Requirements relating to performance standards in the industrial districts are set forth in chapter 26, article 12.

26-7-1.6.

Landscaping, screening, and fences. Requirements relating to landscaping, screening, buffering, and fences in the industrial districts are set forth in chapter 26, article 13.

26-7-1.7.

Nonconformities. Requirements relating to nonconformities in the industrial districts are set forth in chapter 26, article 14.

26-7-1.8.

Zoning applications, hearings, and approvals. No construction or development requiring any certificate, permit or approval pursuant to chapter 26, article 16 shall be permitted in any industrial district except upon the grant of such certificate, permit or approval pursuant to chapter 26, article 16.

26-7-1.9.

Platted building lines. Requirements relating to platted building lines in the industrial districts are set forth in subsection 26-17-5.6.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13)

26-7-2.1.

Purpose. The I-1 Limited Industrial District is intended to provide suitable locations for high quality, nuisance-free manufacturing and related activities which are of the scale and type not to be injurious to any neighboring use or district.

26-7-2.2.

Permitted uses. Except as specifically limited herein and in subsection 26-7-2.4, the following uses are permitted as of right in the I-1 Limited Industrial Districts, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Administrative and support services, but limited to landscaping services (56173).

(b)

Architectural, engineering, and related services, but limited to:

(1)

Testing laboratories, but limited to:

a.

Electrical testing of hydraulic cartridge valves (541380).

b.

Flow rate testing of hydraulic cartridge valves (541380).

c.

Pressure testing of hydraulic cartridge valves (541380).

d.

Extreme temperature testing of hydraulic cartridge valves (541380).

(2)

Engineering services, but limited to:

a.

Engineer's office (541330).

(3)

Drafting service, but limited to:

a.

Draftsmen's office (541340).

(c)

Construction, but limited to:

(1)

Construction of buildings (236).

(2)

Heavy and civil engineering construction (237).

(3)

Specialty trade contractors (238).

(d)

Educational services, but limited to technical and trade schools (6115).

(e)

Environmental, conservation and wildlife organizations (813312), but limited to humane societies.

(f)

Finance and insurance, limited to pawnshops (522298).

(g)

Health care and social assistance, but limited to social assistance, but further limited to vocational rehabilitation services (624310).

(h)

Manufacturing, but limited to:

(1)

Apparel manufacturing (315).

(2)

Beverage and tobacco products manufacturing, but limited to:

a.

Soft drink and ice manufacturing (31211).

b.

Tobacco (3122).

(3)

Computer and electronic product manufacturing (334).

(4)

Electric equipment, appliance and component manufacturing, except power distribution and specialty transformer manufacturing (335).

(5)

Food manufacturing (311), excluding animal slaughtering and processing (3116).

(6)

Furniture and related product manufacturing (337).

(7)

Leather and allied product manufacturing, but limited to footwear, except rubber (316).

(8)

Machinery manufacturing, but limited to:

a.

Farm machinery and equipment manufacturing (333111).

b.

Food product machinery manufacturing (333294).

c.

Lawn and garden tractor and home lawn and garden equipment manufacturing (333112).

(9)

Miscellaneous manufacturing (339).

(10)

Non-metallic mineral product manufacturing, but limited to:

a.

Clay products and refractory manufacturing (3271).

b.

Glass product manufacturing made of purchased glass (327215).

(11)

Plastic and rubber product manufacturing, but limited to plastic product manufacturing (3261).

(12)

Printing and related support activities (323).

(13)

Transportation equipment manufacturing, but limited to motorcycles, bicycles, and parts manufacturing (336991).

(14)

Wood product manufacturing, but limited to wood container and pallet manufacturing (32192).

(i)

Other services, but limited to:

(1)

Automotive repair and maintenance, but limited to vehicle repair, minor.

(2)

Death care services (8122), excluding cemeteries.

(3)

Personal and laundry care services, but limited to:

a.

Dry cleaning and laundry services, but limited to:

1.

Industrial launderers (812332).

2.

Linen and uniform supply (81233).

b.

Other personal care services (81219).

(j)

Outdoor storage, but only when accessory to a permitted or special permit use and only when occupying not more than fifteen (15) percent of the lot

(k)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of section 26-12-12.4.

(l)

Real estate and rental and leasing services, but limited to:

(1)

Passenger car rental and leasing (53211), including outdoor display of vehicles for rent, but in no event in excess of fifty (50) percent of the lot.

(m)

Retail trade, but limited to:

(1)

Gasoline stations with convenience stores (447110), including minor vehicle repair.

(n)

Transit and ground transportation, but limited to commuter rail systems, including outdoor platform areas (485).

(o)

Transportation and warehousing, but limited to warehousing and storage (493).

(p)

Wholesale trade (42).

26-7-2.3.

Special permit uses. Except as specifically limited herein and in subsection 26-7-2.4, the following uses may be permitted in the I-1 Limited Industrial Districts, subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Agricultural, forestry, fishing and hunting, but limited to crop production (111).

(b)

Any use otherwise permitted or specially permitted in an I-1 Limited Industrial District pursuant to subsections 26-7-2.2 or 26-7-2.3 containing more than the allowable number of antennas as set forth in subsections 26-12-12.2 or 26-12-12.3 or containing one (1) or more antennas exceeding the height limitations as set forth in subsections 26-12-12.2 or 26-12-12.3.

(c)

Arts, entertainment, and recreation, but limited to amusement, gambling, and recreation industries, but limited to:

(1)

All other amusement and recreation industries (71399).

(2)

Amusement parks and arcades (7131).

(3)

Bowling centers (71395).

(4)

Fitness and recreational sports centers (71394).

(d)

Information, but limited to:

(1)

Broadcasting (515).

(2)

Motion picture and video industries, but limited to:

a.

Motion picture and video distribution (51212).

b.

Motion picture and video production (51211).

(3)

Other information services, but limited to internet publishing and web search portals (51913).

(4)

Telecommunications (517).

(e)

Licensed sexually oriented businesses.

(f)

Manufacturing, but limited to fabricated metal product manufacturing (332).

(g)

Other services, but limited to:

(1)

Automotive repair and maintenance, including vehicle repair, major.

(2)

Other personal services, but limited to personal fitness trainers (812990).

(h)

Outdoor storage, but only when accessory to a permitted or special permit use, in excess of fifteen (15) percent of the lot, but in no event in excess of fifty (50) percent of the lot.

(i)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-7-2.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the I-1 Limited Industrial District, and subject to the requirements of subsection 26-12-12.4.

(j)

Planned developments, but only on sites containing no less than sixty thousand (60,000) square feet, subject to the special procedures and standards set forth in section 26-16-13.

(k)

Professional, scientific, and technical services, but limited to architectural, engineering, and related services, but limited to testing laboratories (54138).

(l)

Public utility yards and facilities, but not including refuse systems, heating ventilation and air conditioning supply, or irrigation systems.

(m)

Real estate and rental and leasing, but limited to:

(1)

Real estate, but limited to lessors of mini-warehouses and self-storage rental (53113).

(2)

Rental and leasing services, including outdoor storage of vehicles and equipment for rent or lease, but in no event shall such outdoor storage exceed fifty (50) percent of the lot, but further limited to:

a.

Other commercial and industrial machinery and equipment rental and leasing (53249).

b.

Truck, utility trailer, and RV (recreational vehicle) rental (53212).

(n)

Retail trade, but limited to:

(1)

Building material and garden equipment and supplies dealers (444), including outdoor storage, but in no event shall such outdoor storage exceed fifty (50) percent of the lot.

(2)

Motor vehicle and parts dealers, but limited to motorcycle, boat, and other motor vehicle dealers, but further limited to boat dealers (441222).

(3)

Non-store retailers, but limited to fuel dealers (45431).

(4)

Medical cannabis dispensaries.

(o)

Transportation and warehousing, including outdoor storage of such vehicles used pursuant to such service, but in no event in excess of fifty (50) percent of the lot, but limited to:

(1)

Courier and messengers, except air (492).

(2)

Transit and ground passenger transportation (485), but not including yards and maintenance facilities.

(3)

Truck transportation (484).

(p)

Vehicle storage, indoor or outdoor, but only new automobiles and light trucks.

(q)

Other electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of section 26-12-13(221119).

(r)

Medical and botanical manufacturing, but limited to medical cannabis cultivation centers.

26-7-2.4.

Use limitations. The following use limitations shall apply in the I-1 Limited Industrial District:

(a)

Performance standards. Notwithstanding subsections 26-7-2.2 and 26-7-2.3, no use shall be allowed in the I-1 Limited Industrial District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Building construction. In accordance with the criteria for site plan approval in section 26-16-10, the exterior walls of all buildings in the I-1 Limited Industrial District shall be of a finished, durable material, such as, but not limited to, face brick, stone, precast concrete panels, architectural metal or synthetic paneling. Exterior walls to a height of seven (7) feet shall be of architectural masonry, except for fenestration, doors or other similar features.

(c)

Outdoor display and sales; outdoor storage. The following limitations shall apply to every outdoor display and sales area and every outdoor storage established in the I-1 Limited Industrial District:

(1)

Location. No outdoor display or sales area or outdoor storage area permitted in the I-1 Limited Industrial District shall be located in any required yard nor shall it be located in front of the rear building line.

(2)

Screening. All outdoor display and sales areas, when abutting a residential district, shall be screened effectively along the district boundary line in accordance with the requirements of chapter 26, article 13. All such storage shall be effectively screened in accordance with the requirements of chapter 26, article 13.

(d)

Screening of vehicle storage. On all lots where vehicle storage is conducted outdoors as a principal use, such storage shall be buffered and screened with appropriate screening devices such as decorative walls, fences, or berms to a height of at least six (6) feet along all lot lines.

(e)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure, or forty-five (45) feet, whichever is less.

(f)

Medical cannabis cultivation centers.

(1)

Minimum distance from protected uses. No medical cannabis cultivation center shall be established, maintained or operated on any lot that has a property line with two thousand five hundred (2,500) feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use.

(2)

Measurement. For the purposes of subsection 26-7-2.4(f)(1), distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which an applicable cultivation center is located to the nearest point on a property line of any protected use (as defined in subsection 26-7-2.4(f)(1)).

(3)

Compliance with state regulations and rules. Each cultivation center shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and all rules and regulations adopted in accordance thereto.

(4)

Single use site. No cultivation center may be established in multiple use or tenant property or on a site that shares parking with other uses.

(5)

Setbacks. Each cultivation center shall be a minimum of fifty (50) feet from all property lines.

(6)

Parking.

a.

Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and are continually recorded in a tamper proof format.

b.

The video surveillance system shall be available twenty-four (24) hours per day, and seven (7) days per week to the Village of Libertyville Police Department and law enforcement agencies via a secure web-based portal.

(7)

Signage.

a.

All commercial signage for a cultivation center shall be limited to one (1) flat wall sign not to exceed ten (10) square feet in area, and one (1) identifying sign, not to exceed two (2)square feet in area, which may only include the cultivation center address. Such signs shall not be directly illuminated.

b.

Electronic message boards and temporary signs are not permitted in connection with a cultivation center.

c.

Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth, or language referencing cannabis.

(8)

Age and access limitations. Each cultivation center shall prohibit any person who is not at least twenty-one (21) years of age from entering the cultivation center property. Cultivation centers shall not employ anyone under the age of twenty-one (21). Access to the cultivation center site shall be limited exclusively to cultivation center staff, local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.)

(9)

Security and video surveillance.

a.

All cultivation, production and related operations at a medical cannabis cultivation center shall occur in an enclosed locked facility ("facility"). Each cultivation center shall provide and maintain adequate security on the entire site on which the cultivation center sits, including lighting, video surveillance, security personnel and alarms reasonably designed to ensure the safety of persons and to protect the facility from theft. The facility shall be enclosed by high security fence or wall. The fence or wall must be adequately secure to prevent unauthorized entry and include gates tied into an access control system.

b.

The medical cannabis cultivation center parking area, cultivation, production, warehousing areas and shipping bays and entrances shall be monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and are continually recorded in a tamper proof format.

c.

The video surveillance system shall be available twenty-four (24) hours per day, and seven (7) days per week to the Village of Libertyville Police Department and law enforcement agencies via a secure web-based portal.

d.

A sign shall be posted in a prominent location which includes the following language: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE."

e.

The director of community development shall review the adequacy of lighting, security and video surveillance installations with the assistance from local law enforcement officials. The director of community development and the Libertyville Police Department have the discretion to conduct periodic reviews of the security features, as appropriate.

f.

Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the facility.

(10)

Noxious odors. All cultivation centers shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.

(11)

Conduct on site.

a.

A cultivation center may not sell or distribute any cannabis to any individual or entity other than a dispensary organization registered under the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).

b.

It shall be prohibited to cultivate, manufacture, process or package any product, other than medical cannabis and cannabis infused products, at a cultivation center.

c.

It shall be prohibited to consume cannabis products in a cultivation center or anywhere on the site occupied by the cultivation center. A sign, at least eight and one-half (8.5) by eleven (11) inches, shall be posted inside a cultivation center building in a conspicuous place and visible to staff and shall include the following language: "Smoking, eating, drinking, ingesting or other forms of consumption of cannabis products is prohibited on cultivation center property."

(g)

Medical cannabis dispensaries.

(1)

Minimum distance from protected uses.

a.

No medical cannabis dispensary shall be established, maintained or operated on any lot that has a property line with one thousand (1,000) feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility.

b.

No medical cannabis dispensary shall be established, maintained or operated in any house, apartment, condominium, or an area zoned for residential use.

(2)

Measurement. For the purposes of subsection 26-7-2.4(g)(1), distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which an applicable medical cannabis dispensary is located to the nearest point on a property line of any protected use (as defined in subsection 26-7-2.4(g)(1)).

(3)

Compliance with state regulations and rules. All medical cannabis dispensaries shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and all rules and regulations adopted in accordance thereto.

(4)

Single use site. No medical cannabis dispensary shall be established in multiple use or tenant property or on a site that shares parking with other uses.

(5)

Setbacks. Each medical cannabis dispensary shall be a minimum of thirty (30) feet from its surrounding property lines.

(6)

Buffering from other medical cannabis dispensaries. Each medical cannabis dispensary shall be a minimum of one thousand (1,000) feet from all other dispensaries, as measured from the applicable property lines.

(7)

Parking.

a.

Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. It cannot be screened from the roadway with vegetation, fencing or other obstructions.

b.

Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensary staff and are continually recorded in a tamper proof format.

(8)

Exterior display. No medical cannabis dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, medical cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights or spot lights or any similar lighting system.

(9)

Signage and advertising.

a.

All commercial signage for a medical cannabis dispensary shall be limited to one (1) flat wall sign not to exceed ten (100 square feet in area, and one (1) identifying sign, not to exceed two (1) square feet in area, which may only include the dispensary address. Such signs shall not be directly illuminated. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.

b.

Electronic message boards and temporary signs are not permitted in connection with a medical cannabis dispensary.

c.

Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth, or language referencing cannabis.

d.

A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: "Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of eighteen (18) are prohibited from entering." The required text shall be no larger than one (1) inch in height.

e.

Any additional merchandise packaging provided by a dispensary, such as bags, sacks, totes or boxes, shall be opaque without text or graphic advertising or identifying the contents of the products contained within.

(10)

Drug paraphernalia sales. Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).

(11)

Age and access limitations. Each medical cannabis dispensary shall prohibit any person who is not at least eighteen (18) years of age from entering the dispensary facility. Dispensaries shall not employ anyone under the age of eighteen (18). Access to the dispensary facility shall be limited exclusively to dispensary staff, cardholders, designated caregivers, local and state officials, and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.)

(12)

Hours of operation. A medical cannabis dispensary may operate between the hours of 6:00 a.m. local time to 8:00 p.m. local time.

(13)

Drive-in windows. Medical cannabis dispensaries may not have drive-in or drive-through services.

(14)

Security and video surveillance.

a.

Each medical cannabis dispensary shall be an enclosed locked facility ("facility"). Each dispensary shall provide and maintain adequate security on the entire property on which the dispensary exists, including lighting, video surveillance, security personnel and alarms reasonably designed to ensure the safety of persons and to protect the facility from theft.

b.

The medical cannabis dispensary parking areas, client entrances, sales areas, back rooms, storage areas and delivery bays and any other entrances shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and are continually recorded in a tamper proof format.

c.

A sign shall be posted in a prominent location in the dispensary which includes the following language: "THIS AREA IS UNDER LIVE/RECORDED VIDEO SURVEILLANCE TO AID IN THE PROSECUTION OF ANY CRIMES COMMITTED AGAINST THE FACILITY OR ITS PATRONS."

d.

The director of community development shall review the adequacy of lighting, security and video surveillance installations with the assistance from local law enforcement officials. The Director Of Community Development and the Libertyville Police Department have the discretion to conduct periodic reviews of the security features, as appropriate.

e.

Each medical cannabis dispensary shall report all criminal activities occurring on the property to the applicable law enforcement agency immediately upon discovery.

f.

Deliveries shall occur between 7:00 a.m. local time and 8:00 p.m. local time within a secure enclosed delivery bay and shall not be visible from the exterior of the facility.

(15)

Conduct on site.

a.

Loitering is prohibited on the dispensary property.

b.

It shall be prohibited to consume cannabis products in a medical cannabis dispensary or anywhere on the site occupied by a dispensary. A sign, at least eight and one-half (8.5) by eleven (11) inches, shall be posted inside the dispensary building in a conspicuous place and visible to a client and shall include the following language: "Smoking, eating, drinking, ingesting or other forms of consumption of cannabis products is prohibited on dispensary property."

26-7-2.5.

Bulk, space, and yard regulations. The bulk, space, and yard regulations for the I-1 Limited Industrial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the I-1 Limited Industrial District shall not exceed four (4) stories or forty-five (45) feet. The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3.

(b)

Minimum lot area. The minimum lot area for the I-1 Limited Industrial District is thirty thousand (30,000) square feet.

(c)

Lot width. The minimum lot width for the I-1 Limited Industrial District is one hundred fifty (150) feet.

(d)

Minimum yards. The following minimum yards shall be provided in the I-1 Limited Industrial District:

(1)

Any yard abutting an arterial street. A yard of no less than one hundred (100) feet; provided, however, that if a lot abuts, on both sides, lots that already have been developed with a use authorized in the I-1 Limited Industrial District, and if the principal building on one (1) or both of such abutting lots has an existing setback from the front lot line of less than one hundred (100) feet, then the minimum front yard required hereby for such lot shall be determined by taking the average of such existing setbacks of the principal buildings on the two (2) abutting lots; and provided, further, however, that if a lot abuts a street or vacant lot on one (1) side and abuts, on the other side, a lot that has been developed with a use authorized in the I-1 Limited Industrial District that has an existing setback from the front lot line of less than one hundred (100) feet, then the minimum front yard required hereby for such lot shall be the existing setback of the principal building on such abutting developed lot or fifty (50) feet, whichever is less.

(2)

Any yard abutting a collector or local street. A yard of no less than fifty (50) feet.

(3)

Any yard abutting a residential district. A yard of no less than one hundred (100) feet.

(4)

Any yard abutting a non-residential district other than the I-1 Limited Industrial District. A yard of no less than thirty (30) feet.

(5)

Interior side yard. An interior side yard of no less than twenty-five (25) feet.

(6)

Rear yard. A rear yard of no less than twenty-five (25) feet.

Perimeter landscaped open space. For all uses located in the I-1 Limited Industrial District, perimeter landscaped open space shall be provided in accordance with the requirements of section 26-13-2.

(e)

Maximum floor area ratio. The maximum floor area ratio for the I-1 Limited Industrial District is 0.6.

(f)

Maximum lot coverage. The maximum lot coverage for the I-1 Limited Industrial District is eighty (80) percent.

(g)

Sight distance triangle. No visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(h)

Specified structures and uses in required yards. The following structures and uses, except as limited below, may be located in required yards in the I-1 Limited Industrial District:

(1)

Accessory parking, provided no such parking shall be closer than fifty (50) feet from a lot line abutting an arterial, collector or local street or a residential district and no closer than ten (10) feet from any other lot line; and

(2)

Awnings, canopies, eaves, and gutters projecting not more than two (2) feet into the required yard; and

(3)

Balconies projecting not more than three (3) feet for a distance not more than one-third (⅓) of the length of such wall; and

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than two (2) feet; and

(5)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(6)

Flagpoles having a height of not more than twenty-five (25) feet; and

(7)

Outside stairways projecting not more than three (3) feet and having a height of not more than four (4) feet; and

(8)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 14-O-28, § 3, 5-13-14; Ord. No. 14-O-41, §§ 3—6, 6-24-14)

26-7-3.1.

Purpose. The I-2 East Downtown Transitional District is intended to provide suitable locations for appropriate office uses and retention of retaining existing high quality, nuisance-free manufacturing and related activities that are of the scale and type not to be injurious to any neighboring use or district. Furthermore, the I-2 East Downtown Transitional District shall serve as a transitional zone between the more intensive I-3 General Industrial District to the east, and the neighboring R-7 Single-Family Attached Residential, R-8 Multiple-Family Residential and IB Institutional Buildings Districts. In addition, the I-2 East Downtown Transitional District will afford the opportunity to introduce landscaping/buffering in the area when these properties are redeveloped.

26-7-3.2.

Permitted uses. Except as specifically limited herein and in subsection 26-7-3.4, the following uses are permitted as of right in the I-2 East Downtown Transitional District, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Administrative and support services, but limited to:

(1)

Business support service (5614).

(2)

Employment services (5613).

(3)

Investigation and security services (5616).

(4)

Office administrative services (5611).

(5)

Travel arrangement and reservation services (5615).

(b)

Outdoor storage, but only when accessory to a permitted or special permit use, not to exceed fifteen (15) percent of the lot.

(c)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 26-12-12.4.

(d)

Professional, scientific, and technical services, but limited to:

(1)

Accounting tax preparation, bookkeeping and payroll (5412).

(2)

Advertising, public relations, and related services (5418).

(3)

Architectural, engineering, and related services (5413), except laboratories.

(4)

Computer systems design and related services (5415).

(5)

Legal services (5411).

(6)

Management, scientific and technical consulting services (5416).

(7)

Other scientific and technical consulting services, but limited to horticultural consulting services (541690) except veterinary.

(8)

Specialized design services (5414).

(e)

Real estate rental and leasing, but limited to:

(1)

Offices of real estate agents and brokers (53120).

26-7-3.3.

Special permit uses. Except as specifically limited herein and in subsection 26-7-3.4, the following uses may be permitted in the I-2 East Downtown Transitional District, subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Any use otherwise permitted or specially permitted in the I-2 East Downtown Transitional District pursuant to subsections 26-7-3.2 or 26-7-3.3 containing more than the allowable number of antennas as set forth in subsections 26-12-12.2 or 26-12-12.3 or containing one (1) or more antennas exceeding the height limitations as set forth in subsections 26-12-12.2 or 26-12-12.3.

(b)

Automotive repair and maintenance, but limited to vehicle repair shops, minor.

(c)

Construction, but limited to:

(1)

Construction of buildings (236).

(2)

Heavy and civil engineering construction (237).

(3)

Specialty trade contractors (238).

(d)

Fitness and nutritional instruction.

(e)

Health care and social assistance, but limited to:

(1)

Ambulatory health care services, but limited to offices of physical, occupational and speech therapists, and audiologists, but limited to physical therapists offices (62134).

(2)

Social assistance, but limited to vocational rehabilitation services (62431).

(f)

Information, but limited to:

(1)

Motion picture and video industries, but limited to motion picture and video production (51211).

(2)

Other information services, but limited to internet publishing and broadcasting and web search portals (51913).

(g)

Manufacturing, but limited to:

(1)

Apparel manufacturing (315).

(2)

Beverage and tobacco products manufacturing, but limited to:

a.

Soft Drink and Ice Manufacturing (31211).

b.

Tobacco (3122).

(3)

Computer and electronic product manufacturing (334).

(4)

Electric equipment, appliance and component manufacturing, except power distribution and specialty transformer manufacturing (335).

(5)

Fabricated metal products manufacturing, but limited to plate work and fabricated structural product manufacturing (33231).

(6)

Food manufacturing (311), excluding animal slaughtering and processing (3116).

(7)

Furniture and related product manufacturing (337).

(8)

Leather and allied product manufacturing, but limited to footwear, except rubber (316).

(9)

Machinery manufacturing, but limited to:

a.

Farm machinery and equipment manufacturing (333111).

b.

Food product machinery manufacturing (333294).

c.

Lawn and garden tractor and home lawn and garden equipment manufacturing (333112).

(10)

Miscellaneous manufacturing (339).

(11)

Non-metallic mineral product manufacturing, but limited to:

a.

Clay products and refractory manufacturing (3271).

b.

Glass product manufacturing made of purchased glass (327215).

(12)

Plastic and rubber product manufacturing, but limited to plastic product manufacturing (3261).

(13)

Printing and related support activities (323).

(14)

Transportation equipment manufacturing, but limited to motorcycles, bicycles, and parts manufacturing (336991).

(15)

Wood product manufacturing, but limited to wood container and pallet manufacturing (32192).

(h)

Other services, but limited to:

(1)

Personal and laundry care services, but further limited to:

a.

Dry cleaning and laundry services, but limited to:

1.

Industrial launderers (812332).

2.

Linen and uniform supply (81233).

b.

Other personal services, but limited to personal fitness trainers (812990).

(i)

Outdoor storage, but only when accessory to a permitted or special permit use, in excess of fifteen (15) percent of the lot, but in no event in excess of fifty (50) percent of the lot.

(j)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-7-3.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the I-2 East Downtown Transitional District, and subject to the requirements of subsection 26-12-12.4.

(k)

Planned developments, but only on sites containing no less than sixty thousand (60,000) square feet, subject to the special procedures and standards set forth in section 26-16-13.

(l)

Transportation and warehousing, but limited to warehousing and storage (493).

(m)

Wholesale trade, but limited to merchant wholesalers durable goods (423).

(n)

electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of section 26-12-13(221119).

26-7-3.4.

Use limitations. The following use limitations shall apply in the I-2 East Downtown Transitional District:

(a)

Performance standards. Notwithstanding subsections 26-7-3.2 and 26-7-3.3, no use shall be allowed in the I-2 East Downtown Transitional District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Building construction. In accordance with the criteria for site plan approval in section 26-16-10, the exterior walls of all buildings in the I-2 East Downtown Transitional District shall be of a finished, durable material, such as, but not limited to, face brick, stone, precast concrete panels, architectural metal or synthetic paneling. Exterior walls to a height of seven (7) feet shall be of architectural masonry, except for fenestration, doors or other similar features.

(c)

Outdoor storage. The following limitations shall apply to every outdoor storage area established in the I-2 East Downtown Transitional District:

(1)

Location. No outdoor storage permitted in the I-2 East Downtown Industrial District shall be located in any required front yard nor shall it be located closer than ten (10) feet from any lot line abutting a residential district.

(2)

Screening. All such storage shall be effectively screened in accordance with the requirements of chapter 26, article 13.

(d)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure, or forty-five (45) feet, whichever is less.

26-7-3.5.

Bulk, space, and yard regulations. The bulk, space, and yard regulations for the I-2 East Downtown Transitional District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the I-2 East Downtown Industrial District shall not exceed two and one-half (2½) stories or thirty-two (32) feet. The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3.

(b)

Minimum lot area. There is no minimum lot area requirement for the I-2 East Downtown Transitional District.

(c)

Lot width. There is no minimum lot width requirement for the I-2 East Downtown Transitional District.

(d)

Minimum yards. The following minimum yards shall be provided in the I-2 East Downtown Transitional District:

(1)

Front or corner side yard. A front or corner side yard of no less than twenty-five (25) feet.

(2)

Interior side yard abutting a non-residential district. An interior side yard of no less than fifteen (15) feet.

(3)

Interior side yard abutting a residential district. An interior side yard of no less than twenty-five (25) feet.

(4)

Rear yard abutting a non-residential district. No rear yard is required.

(5)

Rear yard abutting a residential district. A rear yard of no less than thirty (30) feet.

Perimeter landscaped open space. For all uses located in the I-2 East Downtown Transitional District, perimeter landscaped open space shall be provided in accordance with the requirements of section 26-13-2.

(e)

Maximum floor area ratio. The maximum floor area ratio for the I-2 East Downtown Transitional District is 0.6.

(f)

Maximum lot coverage. There is no maximum lot coverage requirement for the I-2 East Downtown Transitional District.

(g)

Sight distance triangle. No visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(h)

Specified structures and uses in required yards. The following structures and uses, except as limited below, may be located in required yards in the I-2 East Downtown Transitional District:

(1)

Accessory parking, provided no such parking shall be located in a required front yard, or closer than ten (10) feet from a lot line abutting a residential district; and

(2)

Awnings, canopies, eaves, and gutters projecting not more than two (2) feet into the required yard; and

(3)

Balconies projecting not more than three (3) feet for a distance not more than one-third (⅓) of the length of such wall; and

(4)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, and the like projecting not more than two (2) feet; and

(5)

Fences, walls, and hedges, subject to the limitations of chapter 26, article 13; and

(6)

Flagpoles having a height of not more than twenty-five (25) feet; and

(7)

Outside stairways projecting not more than three (3) feet and having a height of not more than four (4) feet; and

(8)

Statuary, arbors, trellises, and ornamental light standards having a height of not more than ten (10) feet.

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 14-O-09, § 3, 2-11-14)

26-7-4.1.

Purpose. The I-3 General Industrial District is intended to provide and preserve specific areas within the Village which have traditionally been associated with industrial development and related service operations. These areas are characterized by varying building size, intensity, and lot coverage.

26-7-4.2.

Permitted uses. Except as specifically limited herein and in subsection 26-7-3.4, the following uses are permitted as of right in the I-3 General Industrial Districts, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Construction, but limited to:

(1)

Construction of buildings (236).

(2)

Heavy and civil engineering construction contractors (237).

(3)

Specialty trade contractors (238).

(b)

Gasoline stations with convenience stores, including minor vehicle repair, including outdoor service islands.

(c)

Manufacturing, but limited to:

(1)

Apparel manufacturing (315).

(2)

Beverage and tobacco products manufacturing, but limited to:

a.

Soft drink and ice manufacturing (31211).

b.

Tobacco (3122).

(3)

Computer and electronic product manufacturing (334).

(4)

Electric equipment, appliance and component manufacturing, except power distribution and specialty transformer manufacturing (335).

(5)

Fabricated metal products manufacturing, but limited to plate work and fabricated structural product manufacturing (33231).

(6)

Food manufacturing (311), excluding animal slaughtering and processing (3116).

(7)

Furniture and related product manufacturing (337).

(8)

Leather and allied product manufacturing (316).

(9)

Machinery manufacturing, but limited to:

a.

Farm machinery and equipment manufacturing (333111).

b.

Food product machinery manufacturing (333294).

c.

Lawn and garden tractor and home lawn and garden equipment manufacturing (333112).

(10)

Miscellaneous manufacturing (339).

(11)

Non-metallic mineral product manufacturing, but limited to:

a.

Clay products and refractory manufacturing (3271).

b.

Glass product manufacturing made of purchased glass (327215).

(12)

Petroleum and coal products manufacturing (324).

(13)

Plastic and rubber product manufacturing, but limited to plastic product manufacturing (3261).

(14)

Printing and related support activities (323).

(15)

Transportation equipment manufacturing, but limited to:

a.

Motorcycles, bicycles, and parts manufacturing (336991).

b.

Railroad rolling stock manufacturing (3365).

(16)

Wood product manufacturing, but limited to wood container and pallet manufacturing (32192).

(d)

Other services, but limited to:

(1)

Automotive repair and maintenance, but limited to:

a.

Car washes (811192), including related outdoor services.

b.

General automotive repair, including both vehicle repair, major and minor.

(2)

Other personal services, but limited to pet care services, except veterinary, but limited to grooming (81291).

(e)

Outdoor storage, but only when accessory to a permitted or special permit use, not to exceed fifteen (15) percent of the lot.

(f)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures, and related electronic equipment and equipment structures where no single personal wireless services antenna exceeds fifteen (15) square feet in area or twelve (12) feet in any single dimension, and subject to the requirements of subsection 26-12-12.4.

(g)

Retail trade, but limited to:

(1)

Lawn and garden equipment and supplies stores (4442), including outdoor display and sales.

(2)

Motor vehicles and parts dealers, excluding used car dealers (44112). Used car dealers only as accessory to permitted motor vehicles and parts dealers.

(3)

Non-store retailers, but limited to fuel dealers (45431).

(h)

Wholesale trade (42).

26-7-4.3.

Special permit uses. Except as specifically limited herein and in subsection 26-7-4.4, the following uses may be permitted in the I-3 General Industrial Districts, subject to the issuance of a special use permit pursuant to section 26-16-9, but only when conducted entirely within an enclosed building, unless otherwise specified:

(a)

Accommodations, food services and drinking places, but limited to:

(1)

Full service restaurants (7221), including outdoor eating areas and drive-in establishments accessory thereto.

(2)

Limited service eating places (7222), including outdoor eating areas and drive-in establishments accessory thereto.

(3)

Snack and nonalcoholic beverage bars (722515).

(b)

Administrative and support services (561).

(c)

Information, but limited to:

(1)

Broadcasting (515).

(2)

Other information services, but limited to internet publishing and web search portals (51913).

(3)

Telecommunications (517).

(d)

Manufacturing, but limited to:

(1)

Chemical manufacturing (325).

(2)

Plastics and rubber products manufacturing (326).

(e)

Other services, but limited to:

(1)

Personal and laundry services, but further limited to other personal services, but limited to pet care (except veterinary services) (81291).

(f)

Outdoor storage, but only when accessory to a permitted or special permit use in excess of fifteen (15) percent of the lot.

(g)

Personal wireless services antennas, indoor and outdoor, with or without antenna support structures and related electronic equipment and equipment structures, where (1) not otherwise permitted in subsection 26-7-4.2 or (2) in excess of any required yard or setback or any bulk or space regulations in the I-3 General Industrial District, and subject to the requirements of subsection 26-12-12.4.

(h)

Planned developments, but only on sites containing no less than sixty thousand (60,000) square feet, subject to the special procedures and standards set forth in section 26-16-13.

(i)

Professional, scientific and technical services, but limited to architectural, engineering, and related services (5413).

(j)

Real estate and rental and leasing, but limited to:

(1)

Rental and leasing services, but further limited to truck, utility, trailer, and RV (recreational vehicle) rental and leasing (53212), including outdoor storage of trucks for rent or lease.

(k)

Transportation and warehousing, including outdoor storage of vehicles used pursuant to such service, but limited to:

(1)

Courier and messengers, except air (492).

(2)

Transit and ground passenger transportation (485).

(3)

Truck transportation (484).

(4)

Warehousing and storage, but limited to:

a.

General warehousing and storage (49311).

b.

Refrigerated warehousing and storage (49312).

(l)

Vehicle storage, indoor or outdoor, of new automobiles and light trucks only.

(m)

Other electric power generation, but limited to wind energy facilities, but further limited to building-mounted wind turbines and tower-mounted wind turbines, and subject to the requirements of section 26-12-13(221119).

26-7-4.4.

Use limitations. The following use limitations shall apply in the I-3 General Industrial District:

(a)

Performance standards. Notwithstanding subsections 26-7-4.2 and 26-7-4.3, no use shall be allowed in the I-3 General Industrial District if it would, in the reasonable judgment of the village administrator, not be capable of consistently meeting every performance standard set forth in chapter 26, article 12.

(b)

Accessory parking. Accessory parking established after the effective date of the ordinance from which this chapter is derived shall be located no closer than five (5) feet from any lot line.

(c)

Outdoor display and sales; outdoor storage. The following limitations shall apply to every outdoor display and sales area and every outdoor storage.

(1)

Location. No outdoor display or sales area or outdoor storage area permitted in the I-3 General Industrial District shall be located in any required yard nor shall it be located in front of the rear building line.

(2)

Screening. All outdoor display and sales areas, when abutting a residential district, shall be screened effectively along the district boundary line in accordance with the requirements of chapter 26, article 13. All such storage shall be effectively screened in accordance with the requirements of chapter 26, article 13.

(d)

Screening of vehicle storage. On all lots where vehicle storage is conducted outdoors as a principal use, such storage shall be buffered and screened with appropriate screening devices such as decorative walls, fences, or berms to a height of at least six (6) feet along all lot lines.

(e)

Flag poles. A total of three (3) flag poles shall be permitted per zoning lot. When located entirely within the required building setbacks for the principal structure, the maximum height permitted for such flag poles shall not exceed the maximum height allowed for the principal structure, or forty-five (45) feet, whichever is less.

26-7-4.5.

Bulk, space, and yard regulations. The bulk, space, and yard regulations for the I-3 General Industrial District are as follows:

(a)

Maximum building height. The maximum height of a principal structure in the I-3 General Industrial District shall not exceed four (4) stories or forty-five (45) feet. The maximum height of an accessory structure shall not exceed fifteen (15) feet; except as provided in subsections 26-10-1.4(d)(8), 26-12-12.2, and 26-12-12.3.

(b)

Minimum lot area. There is no minimum lot area requirement for the I-3 General Industrial District.

(c)

Lot width. There is no minimum lot width requirement in the I-3 General Industrial District.

(d)

Minimum yards. There is no minimum yard requirement for the I-3 General Industrial District except where a use abuts a residential district. In such case, a yard shall be provided along the district boundary line for both principal and accessory structures in accordance with the requirements of the abutting district.

(e)

Maximum floor area ratio. The maximum floor area ratio for the I-3 General Industrial District is 2.0.

(f)

Maximum lot coverage. There is no maximum lot coverage requirement for the I-3 General Industrial District.

(g)

Sight distance triangle. No visual obstructions shall be permitted to be erected, placed, planted or allowed to grow in such a manner as to exceed a height of three (3) feet within the required sight distance triangle. (See "sight distance triangle" in appendix A.)

(Ord. No. 13-O-05, § 2(Exh. A), 1-22-13; Ord. No. 16-O-61, § 13, 7-12-16; Ord. No. 22-O-55, § 2, 7-26-22)