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Maple Park City Zoning Code

CHAPTER 9

- SPECIAL REGULATIONS

Sec. 11-9-1.- Performance standards.

A.

General provisions.

1.

The following regulations shall apply to all zoning districts unless specifically stated otherwise. Determination of potential or actual noncompliance with such regulations shall be made by the planning and zoning code official. In addition, all manufacturing uses listed in the conditional use classification shall give evidence of ability to comply with the following standards before the issuance of a land use permit or certificate of compliance. Continued compliance shall be required during the operation of such uses and activities. No use already established on the effective date hereof shall be so altered or modified as to conflict with or further conflict with the performance standards established thereafter.

2.

No activity or operation shall be established or maintained which by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust and particulate matter in such concentrations as to be detrimental to endanger the public health, welfare, comfort and safety or cause injury to property or business beyond the lot on which the activity or operation is located.

B.

Noise limitations. At no point on or beyond the boundary of any zoning lot shall the sound pressure level resulting from any use or activity not hereafter specifically exempted, whether open or enclosed, exceed the maximum permitted decibel levels for the designated octave band as set forth by this section.

1.

Sound level measurement. 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. The flat network "slow" meter response of the sound meter shall be used. Impulsive type noises shall be measured with an impact noise analyzer, and the peak values so measured shall not exceed the maximum permitted sound pressure levels by more than three decibels. The reference level for the decibel is 0.0002 microbar. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent property owners.

2.

Maximum sound levels. No industrial activity shall be responsible for the transmission of noise across any residential or business zoning district boundary line in excess of the levels established below:

SOUND LEVEL REQUIREMENTS
Octave Band Center Frequency (Hertz) Preferred Center Frequency Maximum Permitted Sound Level Pressure In Decibels
8:00 a.m. to 9:59 p.m. 10:00 p.m. to 7:59 a.m.
31.5 79 73
63 74 68
125 68 62
250 60 54
500 55 49
1,000 50 44
2,000 46 40
4,000 43 37
8,000 40 34

 

3.

Exemptions from noise level regulations. The following uses and activities shall be exempt from the noise level regulations:

a.

Noises not directly under the control of the property user.

b.

Between the hours of 7:00 a.m. and sunset or 8:00 p.m., whichever is earlier, the noises customarily resulting from construction and the maintenance of grounds.

c.

The noise of safety signals, warning devices, aircraft and railroads, snowplowing, and mosquito abatement.

d.

Backup (emergency) generators.

e.

Church bells, chimes, and carillons.

C.

Vibration limitation. No operation or activity under the control of the property user other than railroad train operations shall cause or create vibration in excess of the limits provided below:

1.

Vibration levels. Vibration levels may not exceed those shown in either column of the following table when measured at the lot line, or at any point in a residential or business district:

VIBRATION LEVELS
Maximum Particle Velocity At Lot Line Maximum Particle Velocity In District
Steady vibrations 0.015 0.003
Impulse vibrations 0.03 0.006
Intermittent vibrations 0.075 0.015

 

2.

Vibration measurement. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. Particle velocity is to be determined by the formula (8.28) x (F) x (A), where "F" equals frequency or the vibration in cycles per second and "A" equals the maximum single amplitude displacement of the vibrations in inches. For the purposes of this title:

a.

Steady vibrations. Vibrations in discrete impulses more frequent than 100 per minute.

b.

Impulsive vibrations. Vibrations in discrete impulses that do not exceed 100 per minute, but exceed eight per 24 hours.

c.

Intermittent vibrations. Vibrations in discrete impulses that do not exceed eight per 24 hours.

D.

Odor. 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.

E.

Smoke and particulate matter limitations.

1.

The emission, from all sources in an industrial zoning lot, of particulate matter containing more than five percent by weight, or particles having a particle diameter larger than 44 microns is prohibited.

2.

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

3.

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

4.

The emission of smoke or particulate matter of a density greater than number 1 on the Ringelmann chart, as published by the U.S. bureau of mines, is prohibited, except that Ringelmann number 2 will be permitted for five minutes or Ringelmann number 3 for three minutes, during any eight-hour period, for the purpose of building fires or soot blowing.

F.

Toxic and noxious matter. Notwithstanding the foregoing, no use shall for any period of time discharge across the boundaries of the lot wherein it is located toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, welfare or cause injury or damage to property or business.

Where such emission could be produced as a result of an accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken. This shall not be construed to prohibit lawful spraying of pesticides on public or private property.

G.

Glare. Any lighting used to illuminate an off-street parking area, yard, or sign, shall be arranged so as to deflect light away from any adjoining residential property or from the public streets. Direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed onto any adjoining property.

H.

Radiation. 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. 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.

I.

Explosives. No activities involving the storage, utilization, or manufacture of materials, goods, or products which could decompose by detonation shall be permitted except such as are specifically licensed by the governing body. Any use of any building with regard to explosive materials is subject to all requirements of the latest adopted edition of the international building code (IBC) and the international fire code (IFC).

J.

Activity within enclosed buildings. All fabrication, manufacturing, processing or production shall be undertaken substantially within enclosed buildings except in the heavy industrial district.

K.

Screening.

1.

Where a proposed residential subdivision abuts a more intensive land use, landscape screening shall be provided or where outdoor storage of materials, goods, and products exists within the I-1 district, such storage shall be effectively screened from adjacent residential districts and public streets by a solid fence, compact hedge or similar opaque landscaped element. Such screening shall be placed along property lines or, in the case of screening along a street, 15 feet from the street right-of-way or adjacent property line with landscaping between the screening and pavement. A louvered fence shall be considered "solid" if it blocks direct vision.

2.

The requirements are as follows:

a.

Required screening shall be a minimum of five feet in height, at installation. (See additional requirements of subsection L of this section.)

b.

The placement of a screen shall not impair the safety of pedestrian or vehicular traffic.

c.

Screening shall maintain a year round opacity not less than 75 percent.

d.

Where screening is required, a landscape plan, prepared by a qualified landscape architect, shall be submitted with the preliminary and final plan and/or plat of subdivision, and shall show:

(1)

Location, design, and dimensions of proposed fencing, if any.

(2)

Location, species, size and quantity, of proposed trees and shrub plantings.

(3)

Contours of proposed berms, if any.

(4)

Limits of seed or sod, and identification of other ground cover, if any.

e.

Screening where required along roadways shall not include fences or walls.

3.

Except in the case of junkyards, sanitary landfills and similar operations dealing in waste materials on a commercial basis as a principal part of business operations, all waste materials, debris, refuse, or garbage not disposed of through a public sanitary sewerage system shall be kept in an enclosed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse.

L.

Landscaping. In B-1, B-2, I-1, and I-2 districts, all developed uses which abut any residential districts shall provide a landscaped yard along such abutting lot lines. Such yard shall be kept clear of all structures and storage. Such yard shall be at least ten feet in depth and shall provide plantings of fast growing material capable of reaching a height of 15 feet or more, the individual trees to be such in number and so arranged so that within ten years they will have formed a screen equivalent in opacity to a solid fence or wall.

M.

Drainage. No land shall be developed and no use shall be permitted that results in water runoff, flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

Sec. 11-9-2. - Off-street parking and loading.

A.

Procedure. An application for a building permit for a new or enlarged building, structure or use shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with the requirements of these standards.

B.

Scope of regulations. The off-street parking and loading provisions herein shall apply as follows:

1.

When the intensity of use of any building, structure, or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (18 inches per seat). However, no owner of a building or structure lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the uses established increase the parking requirements existing on the effective date hereof, in which event parking or loading facilities as required herein shall be provided for the total increase.

2.

Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided for such new use.

C.

Existing parking and loading facilities. Accessory off-street parking or loading facilities that are located on the same lot as the building or use served, and that were in existence on the effective date hereof or were provided voluntarily after such effective date shall not thereafter be reduced below, or if already less than, shall not further be reduced below the requirements of this title for a similar new building or use.

D.

Control of off-site parking facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and shall remain available for the use of the occupant of the zoning lot for as long as the use is maintained on said zoning lot. No such off-site parking facilities shall be authorized and no occupancy certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the board of trustees has reviewed the plans and heard the applicant and made findings that the availability of the parking facilities are reasonably certain to continue and that the off-street parking facilities will be maintained at all times during the life of the proposed use or buildings on the zoning lot.

E.

Handicapped parking. All uses except single-family dwellings, shall be required to provide off-street parking spaces for handicapped persons in accordance with the standards established by the State of Illinois.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

Sec. 11-9-3. - Additional parking regulations.

A.

Use of parking facilities.

1.

Off-street parking facilities accessory to residential uses and developed in any residential district in accordance with requirements of this title shall be used solely for the parking of passenger vehicles (vehicles designated as Class B - 8,000 pounds' gross vehicle weight, and vehicles designated as Class D - 8,001 pounds' to 12,000 pounds' gross vehicle weight) according to Illinois vehicle registration, and passenger vehicle/trailer combination with length not to exceed 25 feet. Such parking facilities shall be used for the parking of permitted vehicles by the occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants.

2.

Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.

3.

Parking of recreational vehicles and trailers as defined in section 7-4-3 of this Code:

a.

For the purposes of this section, recreational vehicles shall include snowmobiles as defined in 625 ILCS 40/1-2.15, boats and other watercraft as defined in 625 ILCS 45/1-2 and all-terrain vehicles as defined in 625 ILCS 5/1-101.8.

b.

No recreational vehicle or trailer shall be parked or stored on property in any zoning district if that recreational vehicle or trailer is not located in a fully enclosed permanent structure, except that any recreational vehicle not located in a fully enclosed structure may be parked in the side or rear of a residential lot provided they are located at least five feet from the property line.

c.

Recreational vehicles and trailers may only be parked or stored upon an approved surface as identified herein.

(1)

Terms.

(A)

Approved surface. Approved surfaces include:

(i)

Concrete—four inches minimum of concrete over a four-inch compacted gravel base.

(ii)

Asphalt—two inches minimum over six-inch compacted base.

(iii)

Paving bricks, cobblestone, or bricks designed for motor vehicle traffic, installed in accordance with manufacturer's installation instructions for the expected load.

(iv)

Stone, crushed stone, and gravel—four inches minimum compacted and maintained.

(B)

Non-approved surfaces. Non-approved surfaces include: tar and chip, mulch or any other such loose material.

(2)

With special use permit. When parking surface is over 2,000 square feet, property owner may use semi- permeable pavers designed for motor vehicle traffic. Property owner must submit manufacturer's installation instructions, as well as drainage plans. Property owner must further obtain a special use permit in accordance with section 11-11-8 of this title.

d.

Reserved.

e.

All recreational vehicles and trailers which require proper licensing, must have current registration displayed on the recreational vehicle or trailer.

f.

No recreational vehicle or trailer shall be parked on private property in a manner which impairs the safety of pedestrian or vehicular traffic such as by obstructing visibility impairing the safe entry and exit from a vehicle impacting adjacent properties, or threatening the safety of pedestrians or vehicles in the public rights-of-way or on private property.

g.

No recreational vehicles or trailers may impede traffic on the sidewalk, street or parkway.

h.

Notwithstanding the regulations imposed by this section, the following existing storage location areas for recreational vehicles shall be permitted to continue in their existing form:

572 Elizabeth Street

Discontinuation of use for the purpose of storing recreational vehicles in these locations for a period of six months shall extinguish any further right to use such location for storage of recreational vehicles as defined by this section.

4.

Vehicles which are no longer in use or operational shall not be parked in any yards accessory to a residential use and must be stored in closed garages.

5.

No motor vehicle repair work or sale of gasoline and motor oil of any kind shall be permitted in parking lots.

B.

Joint parking facilities. Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each.

C.

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. Residential lots shall have a minimum driveway width of nine feet except in the case of lots having two car garages in which case the driveway shall have a minimum width of 18 feet. All driveways shall extend to the curb cut and shall not exceed a width of 24 feet for residential areas.

D.

Location in yards. Off-street parking spaces may be located in any yard except required front yards, and required corner side yards, but shall not be closer than five feet to the lot line except that for a single-family dwelling if one of the required parking spaces is provided within a garage, the other required parking space may be located in the garage access driveway and may intrude onto a required front yard, provided further, that if no garage exists on the lot and if rear or side yard parking is unavailable or inaccessible, no more than two parking spaces located side by side in a paved area not exceeding 16 feet in width are permitted in a required front yard or corner side yard.

E.

Wheel guards. Parking spaces shall be provided with wheel guards or bumper guards where necessary so that no part of parked vehicles will extend beyond the property line or encroach upon an adjacent sidewalk.

F.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from the residential properties in such a way as not to create a nuisance.

G.

Striping. Striping of the pavement surface to define each parking space is required for lots having three or more spaces and shall be a minimum of four inches in width for the length of each space.

H.

Screening and landscaping. Parking lots of four parking spaces or more shall be screened and/or landscaped in accordance with the following requirements:

1.

Setback areas. Landscaping in required front yards and the ten foot corner side yard setback shall consist of a minimum of a three foot high barrier using berms, shrubs and trees distributed across at least 80 percent of the entire front yard and setback areas excluding driveways, provided that no trees, berms or shrubs over 30 inches in height shall be located within the sight distance triangle at street intersections as required for fences in chapter 2 of this title or within ten feet of the corner formed by the intersection of the edge of a driveway and a right-of-way line.

2.

Buffer yards. Parking areas shall be effectively screened on each side or rear yard adjoining any property in a residential district or any institutional premises by a wall, solid fence or densely planted compact hedge not less than five feet nor more than seven feet in height.

3.

Interior landscape areas. In all parking facilities open to the sky having a paved area greater than 10,000 square feet, a minimum of five percent of such area shall be landscaped to create visual relief. This landscaping shall be required in addition to any other landscaping required under this title. Interior landscaped areas shall be a minimum of 150 square feet each distributed throughout the parking lot in a design satisfactory to the planning and zoning commission. Each area must contain at least 50 percent live ground cover and at least one tree with a minimum diameter of two inches or shrub cluster as approved by the planning and zoning code official.

I.

Schedule of parking requirements. For the following uses, accessory off-street parking spaces shall be provided as required hereinafter. Parking spaces required on a per employee basis shall be based on the maximum number of employees on duty on the premises at any one time.

SCHEDULE OF PARKING REQUIREMENTS
Use Number Of Parking Spaces Required
Assembly 1 per 300 gross square feet
Dwelling units 4 per dwelling unit (2 covered and 2 uncovered), more than 10 adjoining dwellings shall require 5 parking spaces per dwelling unit
Hotels/motels 1 per guestroom plus 1 per 500 square feet of common area
Industrial 1 per 500 gross square feet
Medical office 1 per 200 gross square feet
Office 1 per 300 gross square feet
Restaurant 1 per 100 gross square feet
Retail 1 per 200 gross square feet
Schools 1 per 3.5 seats in assembly rooms plus 1 per 500 square feet of common area
Warehouse 1 per 1,000 gross square feet

 

(Ord. 2014-13, 7-1-2014; amd. Ord. 2017-09, 8-1-2017; Ord. 2019-02, 2-5-2019; Ord. 2021-15, 11-9-2021; Ord. No. 2024-02, § 3, 4-2-2024)

Sec. 11-9-4. - Additional off-street loading regulations.

A.

Location. All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two tons' capacity shall be closer than 50 feet to any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required loading berth shall be located in any required front or side yard. No permitted or required loading berth shall be located within 25 feet of nearest point of intersection of any two streets.

B.

Size. Unless otherwise specified, the minimum horizontal dimensions of a required loading berth shall be in accordance with this title and shall have a vertical clearance of at least 14 feet. No portion of any loading berth shall extend within any right-of-way.

C.

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which least interferes with traffic movement.

D.

Repair and service. No motor vehicle work or service of any kind shall be permitted in conjunction with loading facilities provided in any residential or business district.

E.

Space for loading only. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

F.

Other uses. For uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such uses, as determined by the planning and zoning code official, shall be provided.

G.

Smaller building area. Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate facilities off any adjacent alley, service drive, or open space on the same lot which is accessible by motor vehicle.

H.

Schedule of loading requirements. For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portions thereto devoted to such uses in the amounts shown herein:

SCHEDULE OF LOADING REQUIREMENTS
Use Number Of Loading Berths
Hotels/motels 1 - 10 x 35 for each 10,000 square feet
Industrial 1 - 10 x 35 for each 10,000 to 100,000 square feet
Office 1 - 10 x 35 for each 10,000 to 100,000 square feet
Restaurant 1 - 10 x 35 for each 10,000 to 100,000 square feet
Retail 1 - 10 x 35 for each 10,000 to 100,000 square feet
Retail foods 1 - 10 x 72 for each 10,000 square feet
Warehouse 1 - 10 x 55 for each 10,000 up to 40,000 + 1 for each 100,000 square feet

 

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

Sec. 11-9-5. - Supplemental review standards.

A.

Supplemental standards for cultivation centers.

1.

A cultivation center may not be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or area zoned for residential use.

2.

A cultivation center may not be located within 1,000 feet of the property line of a preexisting cultivation center or medical cannabis dispensing organization.

3.

In accordance with state statutes and regulations, cultivation centers are prohibited from advertising through any public medium. Therefore, a cultivation center may not install, construct, erect, alter, enlarge, replace, or move any signs other than site relevant incidental signs, building memorial markers, and nameplates.

4.

Cultivation centers must be constructed, maintained, and operated in strict compliance with all applicable state statutes and regulations.

B.

Supplemental standards for medical cannabis dispensing organizations.

1.

A medical cannabis dispensing organization may not be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility.

2.

A medical cannabis dispensing organization may not be located in a house, apartment, or condominium.

3.

A medical cannabis dispensing organization may not permit any person to consume cannabis on the property of a medical cannabis dispensing organization.

4.

A medical cannabis dispensing organization may not share office space with or refer patients to a physician.

5.

No drive-through facility may be constructed or operated in conjunction with any medical cannabis dispensing organization.

6.

No medical cannabis dispensing organization may be open for business before 6:00 a.m. or after 8:00 p.m. on any day.

7.

A sufficient number of parking spaces for the medical cannabis dispensing organization must be provided in compliance with this Code. Additionally, the parking provided for a medical cannabis dispensing organization must be reserved for the exclusive use of dispensing organization employees and patrons, and may not be shared with other businesses.

8.

Cultivation centers must be constructed, maintained, and operated in strict compliance with all applicable state statutes and regulations.

(Ord. 2015-11, 5-5-2015; amd. Ord. 2021-15, 11-9-2021)