It is the intent of this Chapter to provide that businesses, utilities, light industry, research, offices, residential uses, and related activities shall be constructed, maintained, and operated with a proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by controlling the emission of noise, odor, exterior lighting, vibration, smoke, particulate matter, gases, and wastes.

It is further the intent of this Chapter to state the conditions of construction and operation with which uses will be expected to comply. In many cases, the relation of a prospective use to all performance standards cannot be judged properly at the time of building permit issuance. In such cases, the recipient of the building permit should note that these standards, like all other provisions of this Title, are continuing obligations and that all uses shall be expected to operate in compliance with these standards. The building plans shall bear the signature of a qualified professional stating that all performance standards will be complied with based upon the submitted building plans. the City retains the right to conduct its own investigation to determine compliance with the performance standards at any time.

(Ord. 01-68, 4-4-2001)

The performance standards set forth in Section 6-14-4 of this Chapter shall be complied with and any use which fails to comply with these standards shall be in violation of this Chapter and shall be subject to penalties provided for such violation.

(Ord. 01-68, 4-4-2001)

Each measurable standard shall be measured at the appropriate indicated location in accordance with the provisions of Section 6-14-4 of this Chapter.

(Ord. 01-68, 4-4-2001)

The following performance standards shall be applicable to all uses in all zoning districts:

1.

Noise: The decibels generated from a use shall not exceed the exterior noise limitations set forth in table 1 of this Section as measured at the property line of the parcel from which the noise is generated. The decibels typically generated by particular uses are given in table 2 of this Section.

1.1.

Measurement Of Noise: Noise shall be measured at the property line of the parcel from which the noise is generated. Noise shall be muffled so as not to become violative of applicable standards due to intermittence, beat frequency, shrillness, or intensity. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to ANSI S1.4-1983 (American national standards institute) specifications, or any successor standard promulgated by ANSI. Preferred frequencies for acoustical measurements shall be used.

TABLE 1

TABLE 2

1.2.

Exceptions:

1.2.1.

Nighttime Building Or Construction Operations: It shall be unlawful to allow or permit any building or construction operations (including construction related noises, such as the delivery of equipment or material or the operation of tools, machinery, or apparatus) on private property between the hours of seven o'clock (7:00) p.m. and seven o'clock (7:00) a.m. within one thousand (1,000) feet of any residence and between ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. in all other districts. Work occurring in the public right-of-way, on public property, or within public utility easement areas shall be exempt from these restrictions.

1.2.2.

Daytime Building Or Construction Operations And Performance Of Landscape Maintenance: Between the hours of 7:00 a.m. and 7:00 p.m., noises customarily resulting from construction work and from the maintenance of grounds shall be exempt from the limitations listed in table 1 of this Section.

1.2.2.1. Notwithstanding the provisions above, noise resulting from landscape related work on property improved with single-family or duplex residential structures, including but not limited to mowing and other landscaping activities, which are undertaken by a commercial landscape contractor shall not occur before 8:00 a.m. or after 6:00 p.m. on Saturdays and Sundays. For the purposes of this Subsection, a commercial landscape contractor is defined as an entity hired to perform landscape work, including but not limited to mowing grass, tree or bush trimming or cutting, leaf blowing, and landscape construction.

1.2.2.2. The hourly restrictions provided in Section 1.2.2. herein specific to maintenance of grounds shall not be applicable to public or private golf courses located within the City.

(Ord. No. 01-68, 4-4-2001; Ord. No. 16-142, § 2, 9-6-2016)

1.2.3.

Amplifiers: Noise generated by an amplifier or other device for which a permit has been obtained in accordance with Title 3, Chapter 9, "Amplifiers", of this Code shall be exempt from limitations listed in table 1 of this Section.

(Ord. No. 01-68, 4-4-2001; Ord. No. 08-086, 5-6-2008)

1.2.4.

Other Exemptions:

1.2.4.1. Valves, warning devices, aircraft and railroads, emergency generators, snowplowing, mosquito abatement, and emergency equipment/vehicles used only during times of emergency.

1.2.4.2. Church bells, chimes, and carillons.

1.2.4.3. The authorized use of recreational facilities within the property of schools, colleges, and public parks between the hours of seven o'clock (7:00) a.m. and ten o'clock (10:00) p.m.

1.2.4.4. Substations for public utilities.

(Ord. No. 01-68, 4-4-2001)

1.2.5.

The City Manager shall have the authority to approve requests for construction activities not in compliance with the regulations provided in this Section provided that said requests do not have a significant adverse impact on the public health, safety and general welfare.

(Ord. No. 14-193, § 2, 12-16-2014)

Editor's note— Ord. No. 14-193, § 2, adopted December 16, 2014, enacted provisions intended for use as Subsection 1.2.3. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as Subsection 1.2.5.

1.3.

External Speaker Systems: External speaker systems shall not generate noise that is heard beyond the property line.

1.3.1.

External speakers and audible external paging systems are prohibited for businesses conducting motor vehicle sales. Existing nonconforming speakers at automotive dealerships shall be brought into compliance within six (6) months from the date of adoption of this Subsection 6-14-4.1.3.1.

(Ord. No. 04-122, 7-20-2004)

2.

Odors: At a point along or outside any property line, the emission of odorous matter in such quantity as to be offensive or in excess of the odor threshold shall not be permitted.

2.1.

The measurement of odor threshold shall be in accordance with the American society for testing and materials method DI391-57 "Standard Method For Measurement Of Odor In Atmosphere (Dilution Method)" (Philadelphia: American Society Of Testing And Materials, 1957).

2.2.

Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.

(Ord. No. 01-68, 4-4-2001)

3.

Exterior Lighting: All public and private outdoor lighting installed in the City of Naperville shall be in conformance with the requirements set forth in this Section.

3.1.

Definitions:

(Ord. No. 01-68, 4-4-2001; amd. Ord. No. 05-060, 4-6-2005; Ord. No. 22-044, § 2, 5-3-2022)

3.2.

Luminaire Design Factors:

3.2.1.

The style of the light and light standard shall be consistent with the architectural style of the principal building.

3.2.2.

Pathways, sidewalks, and trails shall be lighted with low level fixtures not to exceed eight (8) feet in pole height.

3.2.3.

All building lighting for security or aesthetics shall include glare controls and shall be shielded. Floodlighting is discouraged, and if used, shall be shielded to prevent disability glare for drivers or pedestrians, light trespass beyond the property line, and light above a 90-degree horizontal plane. Wallpack type fixtures shall not be permitted.

3.2.4.

All parking area lighting shall include glare controls and shall be shielded.

3.2.5.

Poles supporting lights shall be no taller than twenty-three (23) feet in a residential district, twenty-five (25) feet in a commercial district, a commercial part of a residential planned unit development, or in office/business park districts, and thirty-two (32) feet in any industrial district.

(Ord. No. 01-68, 4-4-2001)

3.3.

Standards And Requirements:

3.3.1.

Height Of Luminaire At Automotive Dealerships: The maximum height of a luminaire at automotive dealerships shall be twenty-five (25) feet and shall be measured as provided in the definition of "height of luminaire, car dealerships". All existing dealerships that have luminaires on their sites in excess of the 25-foot maximum at the time of adoption hereof will be grandfathered and considered legal nonconforming luminaires for the sole purpose of its height and only until such time as the pole or base are removed or replaced.

3.3.2.

Standards; Exception: Lighting shall be provided in accordance with the standards of the Illuminating Engineering Society of North America (IESNA) as follows for all uses, with the exception of automotive dealerships as specified in Subsection 6-14-4.3.3.2.1 of this Section:

3.3.2.1. Lighting shall be provided in accordance with the standards of the Illuminating Engineering Society of North America (IESNA) as follows for automotive dealerships:

3.3.2.2. In determining the maximum foot-candle standard provided above, all foot-candle measurements shall be taken from the ground at any point within the areas of activity or at the property line.

3.3.2.3. In determining the average foot-candle standard, all foot-candle measurements shall be taken from the ground at ten-foot increments throughout the areas of activity.

3.3.2.4. Sag lenses are prohibited from use on all car dealership luminaries. All existing dealerships using sag lenses at the time of adoption date hereof, will be grandfathered and considered legal nonconforming for the sole purpose of its lens type until the dealership replaces greater than ten percent (10%) of their existing fixtures on site during any 12-month period at which time full compliance shall be required. All new fixtures shall have flat lenses.

3.3.2.5. Light shields used by car dealerships to control light and reduce glare shall be made of nonreflective material. Car dealerships must comply with this provision no later than October 5, 2005.

(Ord. 05-060, 4-6-2005)

3.3.3.

Exterior lighting shall be designed at or below the following average maintained foot-candles at the property line:

(Ord. 04-122, 7-20-2004; amd. Ord. 05-060, 4-6-2005)

3.3.4.

The light loss factor (LLF) shall be a minimum of 0.75 to a maximum of 0.8 for all uses.

(Ord. 05-060, 4-6-2005)

3.4.

Measuring Light Levels:

3.4.1.

Metering Equipment: Light levels of both direct and indirect light shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading.

3.4.2.

Method Of Measurement: Foot-candle horizontal measurements shall be taken at a height of three and one-half (3.5) feet aboveground.

3.5.

Exceptions And Variances:

3.5.1.

Because of their unique requirement for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, tennis courts, and other outdoor recreational facilities shall be exempted from the general standards of this Section. Lighting for outdoor recreational facilities shall be shielded to minimize light and glare from spilling onto adjacent residential properties. The maximum permitted illumination at adjoining residential property lines shall be one foot-candle. The maximum permitted illumination at adjoining nonresidential property lines shall be two (2) foot-candles.

3.5.2.

Luminaires used for public roadway illumination by a public transportation agency shall be exempt from the requirements of this Section but may be subject to the regulations of federal or State agencies or by intergovernmental agreements.

3.5.3.

Decorative seasonal lighting shall be limited to a power rating of less than or equal to seventy-five (75) watts.

3.5.4.

Temporary emergency lighting used by police, firefighters, and other emergency services, as well as all vehicular luminaires shall be exempt.

3.5.5.

Hazard warning lights that are required by local or federal regulatory agencies shall be exempt.

3.5.6.

Transportation facilities shall be exempt.

3.5.7.

Public walkways shall be exempt.

3.5.8.

When site characteristics are unique and the requirements of this Section cannot be met, the Zoning Administrator has the authority to approve nonconforming lighting designs if the illumination levels and/or uniformity ratios are within twenty percent (20%) of the values set forth in this Section. All other nonconforming designs shall be subject to approval of the City Council through the variance procedure or by annexation agreement or development agreement.

(Ord. 01-68, 4-4-2001)

3.6.

Nonconforming Luminaires: Exterior lighting luminaires in existence on the effective date of this Section shall be exempt from the standards of this Section and shall be considered legally nonconforming. Such fixtures may be repaired and maintained. However, if any legal nonconforming luminaire is moved or damaged by any means to an extent that its total replacement is necessary, the luminaire, or replacement, shall comply with this Section. For development activity involving improved property, luminaires shall be required to comply with this Section when the floor area of any building or structure, or parking areas, or any combination thereof, is increased by ten percent (10%) or greater. This Section shall not apply to car dealerships which are governed by Subsection 6-14-4.3.3 of this Section.

(Ord. 05-060, 4-6-2005)

3.7.

Exterior Lighting Plan Required:

3.7.1.

A lighting plan shall be required any time exterior lighting is proposed, or modified, that is associated with a residential use of greater density than a one- or two-family dwelling or with any commercial, office, industrial or other use. The lighting plan shall be submitted with the site plan information as required in this Title.

3.7.2.

The lighting plan shall include a site plan indicating location of light fixtures and intensity of foot-candles at various points on the site, catalog cuts of the proposed fixtures, and a summary table containing average foot-candles, minimum foot-candles, maximum foot-candles, uniformity ratio (average/minimum), foot-candles at the property line, pole height, and light loss factor (LLF). The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirements of this Chapter. Once the plan is approved, the exterior lighting of the property shall conform to the plan.

4.

Vibration: Vibration shall not be discernible at any property line to the human sense of feeling for three (3) minutes or more duration in any one hour. Vibration at any time shall not produce at any time an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of table 7 United States Bureau of Mines bulletin no. 442 "Seismic Effects Of Quarry Blasting", on any structure. The methods and equations of bulletin no. 442 shall be used to compute all values for the enforcement of this provision.

5.

Smoke And Particulate Matter: Measurement of smoke and particulate matter shall be taken from the point of emission.

5.1.

The emission of particulate matter containing more than five percent (5%) by weight, of particles having a particle diameter larger than forty-four (44) microns, is prohibited.

5.2.

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 (½) pound per acre of lot size during any one hour.

5.3.

Smoke not darker or more opaque than no. 0 on the Ringelmann smoke chart (as published by the United States Bureau of Mines) may be emitted except that smoke not darker or more opaque than no. 1 on said chart may be emitted for periods not longer than four (4) minutes in any thirty (30) minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

5.4.

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

6.

Gases: Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in table 1 (industrial hygiene standards — maximum allowable concentration for 8 hour day, 5 days per week), table III (odor thresholds), table IV (concentrations of substances causing pain in the eyes), and table V (exposures to substances causing injury to vegetation) in the latest revision of Chapter 5, "Physiological Effect", that contains such tables, in the "Air Pollution Abatement Manual", by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.

7.

Hazard: Any operation of an industrial nature shall be carried on with reasonable precautions against fire and explosion hazards.

8.

Waste: All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the City, the State of Illinois, and the USEPA. Approval of the Illinois Environmental Protection Agency of all plans for waste disposal facilities shall be required before issuance of any building permit.

(Ord. 01-68, 4-4-2001)