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Pontoon Beach City Zoning Code

ARTICLE II

ZONE DISTRICT REGULATIONS

40-2-1.- ZONE DISTRICTS—GENERAL.

(A)

For the purpose of this Code, the Village, as shown on the zoning map, is divided into ten (10) categories of zoning as follows:

A Agricultural District
SR-1 One-Family Residence District
SR-2 One-Family Residence District
MR-1 Two and Three-Family Residence District
MR-2 Multi-Family Residence District
B-1 Community Business District
B-2 General Business District
I-1 Limited Industrial District
I-2 General Industrial District
I-3 Heavy Industrial District

 

(B)

Whenever reference by letter designation is hereinafter made to any of the foregoing districts, such reference shall mean and include all of those districts whose symbols include such letter used in the reference (i.e., "R" Districts include the second through the fifth of the aforesaid districts of (A) above), unless otherwise indicated in the reference. Whenever reference by word designation is hereinafter made to any of the foregoing districts, such reference shall mean and include those districts whose names include such words used in the reference (i.e., "Residence" Districts means and includes the second through the fifth of the aforesaid districts of (A) above), unless otherwise indicated in the reference.

40-2-2. - ESTABLISHMENT OF ZONING DISTRICTS.

The boundaries of the zones provided in Section 40-2-1 are established as shown on the Village Zoning District Map. The zoning districts and boundaries are hereby adopted and established as shown on the district map, which map together with all notations, references, data, district boundaries and other information thereon, are made a part of the Zoning Code by reference. The Zoning Map properly attested shall remain on file in the Office of the Zoning Official or other appropriate Village official.

Editor's note— State statutes require Village to publish zoning map each year there are revisions.

40-2-3. - INTERPRETATION.

(A)

Interpretation of Provisions. In their interpretation and application, the provisions of this Code shall be held to be minimum requirements. Whenever this Code imposes a greater restrictive than is imposed and required by other provisions of law or by other rules or regulations or resolutions, the provisions of this Code shall govern.

(B)

Interpretation of District Boundaries.

(1)

Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of such scale as may be shown on said zoning map.

(2)

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(3)

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located at the railroad right-of-way line closest to the most restrictive zoning district line shown on the Zone District Map.

(4)

Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be the center line of the stream, otherwise at the limit of the jurisdiction of the Village, unless otherwise indicated.

(5)

Any areas shown on the zoning map as park, playground, school, cemetery, water, street, or right-of-way, shall be subject to the zoning regulations of the district in which they are located.

(6)

Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall automatically extend to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.

(7)

Where any land or territory within the Village is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.

(8)

Where a lot under single ownership is divided at the time of enactment of this Code, or by subsequent amendments, by a zoning district boundary line, the requirements of the less restrictive district adjacent to such line may be extended for that lot, not more than twenty-five (25) feet into the more restrictive district.

(C)

Existing Special Uses. Where a use is classified as a special use under this Code, it shall be considered a legal use, without further action of the Village Board of Trustees.

40-2-4. - SCHEDULE: AREA AND BULK REGULATIONS; SIGNS; OFF-STREET PARKING REQUIREMENTS.

(A)

To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, limiting the size and use of signs, and requiring minimum off-street parking for each of the districts established by Section 40-2-1 hereof (or specified use), are set forth in this Schedule paragraph (E) hereof, hereinafter called Schedule. Such Schedule is hereby adopted and declared to be an integral part of this Code, and it may be amended in the same manner as any other part of this Code.

(B)

For each district (or specified use) named in said Schedule, the maximum number of dwelling units shall be as indicated in Column (B); the minimum lot requirements shall be as indicated in Columns (C), (D) and (E) of the Schedule; the minimum yard dimensions shall be as indicated in Columns (F), (G), (H), (I) and (J); maximum lot coverage therefor shall be indicated as Column (K); permitted floor area ratio (ratio of floor area to lot area) shall be indicated as Column (L); maximum building heights shall be as indicated in Column (M); requirements for accessory buildings and uses, as to maximum height shall be as indicated in Column (N); and as to minimum distance of detached accessory buildings and uses to principal buildings, streets, and lot lines, as indicated in Columns (O), (P), (Q), (R) and (S), respectively; signs permitted shall be as indicated in Column (T); minimum off-street parking shall be indicated in Column (U); other pertinent matters and requirements are as indicated in Column (V); and as otherwise set forth in the Schedule and in notes and remarks appended thereto.

(C)

A blank space in a block of a column of said Schedule indicates that the requirement of that column does not pertain to the district or use specified on the corresponding horizontal lines. The words "Same as SR-1 (or other symbol or reference)" as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for district referred to by such symbol or reference; otherwise, the limitations and requirements in said Schedule shall be read from left to right.

(D)

Where limitations and requirements of any of Column (T) through (V) of the Schedule are contained in a block which, reading vertically on the Schedule, covers more than one (1) district (or specified use), such limitations and requirements shall be applicable to all of the districts or uses so covered by the block. Where reference is made in said Schedule to another Section or provision of this Code, as an integral part of the requirement including such reference.

(E)

Schedule: Area and Bulk Regulations; Sign and Parking Requirements. See Schedule 40-2-4(E).

SCHEDULE 40-2-4

SIGN AND PARKING REQUIREMENTS

T — PERMITTED SIGNS

"A" Agricultural; "SR-1" Single-Family Residence;
"SR-2" Single-Family Residence
Permitted Permitted Permitted
Type Class (3) Area in Sq. Ft.
Identification Sign 1,2,4  1 sq. ft. per dwelling
Bulletin Board 1,2,4,5  Permitted for non-residential use only; 15 sq. ft. any non-residential use
Real Estate Sign 1,2,4,5  6 sq. ft. per premises
Construction Sign 1,2,4,5  20 sq. ft. per premises
Subdivision Sign 1,2,4,5
Temporary Sign 1,2,4,5

 

"MR-1" Two- and Three-Family Residence; "MR-2" Multi-Family Residence
Permitted Permitted Permitted
Type Class (3) Area in Sq. Ft.
Identification Sign 1,2,4  1 sq. ft. per dwelling unit for 1,2 or 3 family dwellings, 6 sq. ft. for each apartment building, boarding or rooming house, 10 sq. ft. for any permitted use
All Other Types Permitted in "SR" Districts Same as "SR" District

 

"B-1" Community Business; "B-2" General Business; "I" Industrial
Permitted Permitted Permitted
Type Class (3) Area in Sq. Ft.
Business Sign 1,2,3,4,5 See [Section 40-11-12]
Any sign permitted in the "SR" or "MR" Districts for any sign permitted in those districts Same as "SR" or "MR" Districts

 

U — MINIMUM OFF-STREET PARKING SPACE

"A" Agricultural; "SR-1" Single-Family Residence;
"SR-2" Single-Family Residence
For One Space
For Each
One-Family Dwellings Dwelling units
Churches and Auditoriums 4 seats
Libraries and Museums 500 sq. ft. total floor area
Municipal Buildings 300 sq. ft. total floor area
Elementary and Junior High Schools 500 sq. ft. of classroom area
Senior High Schools 200 sq. ft. of classroom area

 

"MR-1" Two- and Three-Family Residence; "MR-2" Multi-Family Residence
For One Space
For Each
All uses permitted in "B" reference Same as "SR" District
Two-Family Dwellings .5 dwelling unit
Three-Family Dwellings .5 dwelling unit
Multi-Family Dwellings .5 dwelling unit
Boarding and Rooming Houses, Dormitories 2 beds
Mobile Home Parks .5 mobile home space

 

"B-1" Community Business
For One Space
For Each
Any use permitted by reference Same as "MR" District
Any other permitted use 125 sq. ft. of first floor area, plus one space for each 500 sq. ft. of floor area above the first floor

 

"B-2" General Business; "I" Industrial
For One Space
For Each
Same as "B-1" District Same as "B-1" District

 

V — MINIMUM OFF-STREET LOADING SPACE

"A" Agricultural; "SR-1" Single-Family Residence;
"SR-2" Single-Family Residence
For One Berth
For Each
Any Non-Residential Use (See Note 5) 10,000 to 25,000 sq. ft. of total floor area; plus one berth for each additional 25,000 sq. ft. (or fraction thereof) of floor area

 

"MR-1" Two and Three Family Residence; "MR-2" Multi-Family Residence
For One Berth
For Each
Same as Single-Family District

 

"B-1" Community Business
For One Berth
For Each
Any use permitted by reference Same as requested by the most restrictive district in which the use is permitted
Professional and service offices, clinics, private schools, membership clubs, apartment hotels, apartment motes, plant nurseries and greenhouses 10,000 to 25,000 sq. ft. of total floor area; plus one berth for each additional 25,000 sq. ft. (or fraction thereof) of floor area
Mortuaries (See Note 5) Chapel
Any other permitted use 5,000 to 15,000 sq. ft. of total floor area; 1 additional berth per additional 25,000 sq. ft. or part thereof

 

"B-2" General Business; "I" Industrial
For One Berth
For Each
Same as "B-1" District Same as "B-1" District

 

W
OTHER PROVISIONS AND REQUIREMENTS

"A" Agricultural; "SR-1" Single-Family Residence;
"SR-2" Single-Family Residence; "MR-1" Two and Three-Family Residence;
"MR-2" Multi-Family Residence; "B-1" Community Business;
"B-2" General Business; "I" Industrial

(1)

Any attached accessory building shall be considered as a part of the principal building.

(2)

Coverage regulations do not apply to automobile parking areas.

(3)

For the purposes of this Code, signs are classified as follows:

Class 1 — Freestanding

Class 2 — Projecting Sign

Class 3 — Roof Sign

Class 4 — Wall Sign

Class 5 — Combination Sign

(4)

Floor area ratio shall apply to the total area included in the development, except streets and other public areas and shall not exceed the ratio specified for the district where the development is located; where a planned multi-family development is to be established in a "B" such housing development shall be subject to the density and height regulations of the "MR-2" district.

(5)

When daily truck service does not substantially exceed one (1) delivery or pick-up per day, no off-street loading berth is required.

40-2-5. - SCHEDULE: PERMITTED USES; ACCESSORY USES; EXCEPTIONS AND SPECIAL PERMITS.

(A)

To facilitate public understanding of this Code and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, exceptions and special permits for each of the districts established by Section 40-2-1, hereof, are set forth in Use Schedule as Section 40-2-5(D) hereof. Such Use Schedule is intended and declared to be an integral part of this Code and it may be amended in the same manner as any other part of this Code.

(B)

Each column refers to a specific district which lists the permitted uses, permitted accessory uses, exceptions, special permits, and supplementary regulation references, and are read vertically under a district column.

(C)

Limitations and requirements in the Use Schedule as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in the Use Schedule to another Section or provision of this Code, such section or provision referred to shall thereby be incorporated as an integral part of the requirements including such reference. All provisions of this Code shall apply as integral parts of this Section although not specifically cited in a column. See Section 40-2-5(D).

(D)

Schedule: Permitted Uses; Accessory Uses; Exceptions and Special Permits.See Schedule 40-2-5(D).

SCHEDULE 40-2-5(D)

PERMITTED USES; ACCESSORY USES; EXCEPTIONS:
AND SPECIAL PERMITS

"A" Agriculture

Permitted Uses.

All Uses commonly classified as agriculture, horticulture, or forestry including crop and tree farming, truck farming, gardening, nursery operation, subject to the provisions of this Code. Dairy farming, livestock raising, animal and poultry breeding and raising, forestry operations together with the operation of machinery or vehicles but not including stockyards, commercial livestock or poultry feeding or agricultural processing plants.

One Family Dwellings.

Living Quarters for persons employed in agricultural or related activities that are conducted on the premises.

Parking lots subject to Section 40-3-4.

Non-commercial recreational activities.

Private Clubs, lodges or camps except those whose chief activities are a service customarily carried on as a business.

Golf Courses of regulations size but not including "par 3" golf courses or commercially operated driving ranges or miniature golf courses; and provided that no clubhouse, parking lot or accessory building shall be located nearer than five hundred (500) feet to any dwelling unit or another zoning lot.

Fishing lakes, including fee fishing, or clubs provided that no building, parking lot, or other intense use activity is located nearer than five hundred (500) feet to any dwelling on another zoning lot.

Gun clubs, if properly protected and located not nearer than one thousand (1,000) feet to any residence other than that of the owner or lessee on the site and if not so operated as to withdraw land from its primary agricultural use.

Carnivals, circuses and similar temporary transient amusement enterprises.

Greenhouses, subject to the provisions of Section 40-3-23.

Churches, and other places of worship, subject to the provisions of Section 40-3-17.

Schools and colleges for academic instruction, subject to the provisions of Section 40-3-19.

Libraries, museums, art galleries and similar public cultural facilities, subject to the provisions of Section 40-3-17.

Cemeteries and mausoleums in conjunction therewith.

Essential services, subject to the provisions of Sections 40-3-17 and 40-3-18.

Public service uses including filtration plants, pump stations, water reservoirs, sewage treatment plants, police and fire stations or other governmental uses, subject to the provisions of Section 40-3-19.

Railroad rights-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities.

Accessory uses that are clearly supplementary and secondary to the primary use located on the lot.

Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available, and that major traffic congestion or hazard would not be created in conjunction with the location or access thereto.

Radio or television transmission towers.

Permitted Accessory Uses.

Any accessory uses permitted and as regulated in the SR-1 District, unless otherwise specified as a permitted use.

Accessory uses that are clearly supplementary and secondary to the primary use located on the lot.

Mobile homes subject to the provisions of Section 40-3-15.

Exceptions.

Electrical substations, subject to the provisions of Sections 40-4-16 and 40-3-18.

Gas regulator stations, subject to the provisions of Sections 40-4-16 and 40-3-18.

Other public utility distribution facilities, subject to the provisions of Sections 40-4-16 and 40-3-18.

Special Permits.

None.

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"SR-1" Single Family

Permitted Uses.

Single-family dwellings.

Churches and other places of worship, subject to the provisions of Section 40-3-7, but not including funeral chapels or mortuary chapels.

Electrical substations (static transformer stations) gas regulation stations, telephone exchange facilities and essential services, subject to the provisions of Section 40-3-18.

Municipal uses, facilities and buildings, subject to the provisions of Section 40-3-17.

Public, private or parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education, subject to the provisions of Section 40-3-19.

Railroad right-of-way, not including switching, storage, freight yards, industrial sidings, or classification.

Permitted Accessory Uses.

Private: Greenhouses, tool sheds, garages or carports, tennis courts, patios, subject to the applicable provisions of Section 40-4-15.

Private swimming pools, subject to the applicable provisions of Section 40-3-5.

Incinerators for home use, provided such are located on the lot so as not to constitute an unreasonable hazard to dwellings and other buildings on the premises or on the adjacent property, and located not less than fifteen (15) feet from any dwelling on the premises and not less than ten (10) feet from any other building on the premises.

Keeping of household pets, provided kennels are not maintained.

Parking spaces not for gain in addition to minimum off-street parking, subject to the provisions of Section 40-3-4.

Keeping of not more than one (1) unoccupied camp and/or utility trailer, subject to the provisions of Section 40-3-16.

Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one (1) year whichever is greater. However, such time limit may be extended for one (1) year by the Board of Appeals.

Accommodations for professional servants, caretakers, watchmen, or custodians, but not as a separate, detached one-family dwelling, on the same lot.

Home occupations, subject to the provisions of Section 40-3-2.

Fences, hedges and walls, subject to the provisions of Section 40-3-1.

Exceptions.

Any exception permitted and as regulated in the "A" District.

Special Permits.

None.

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"SR-2" Single-Family

Permitted Uses.

Any use permitted and as regulated in the SR-1 District, except as otherwise provided in Section 40-2-4(E).

Permitted Accessory Uses.

Any accessory use permitted and as regulated in the SR-1 District.

Exceptions.

Any exception permitted and as regulated in the SR-1 District.

Special Permits.

None.

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"MR-1" Two- and Three-Family

Permitted Uses.

Any use permitted and as regulated in the SR-2 District, except as otherwise provided in Section 40-2-4.

Two- and three-family dwellings.

Permitted Accessory Uses.

Any accessory use permitted and as regulated in the SR-2 District.

Accommodations for one (1) boarder or roomer.

Exceptions.

Any exception permitted and as regulated in the SR-2 District.

Special Permits.

None.

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"MR-2" Multi-Family

Permitted Uses.

Any use permitted and as regulated in the MR-1 District, except as otherwise provided in Section 40-2-4.

Multi-family dwellings.

Boarding and rooming houses.

Dormitories or group living facilities for religious, educational or charitable purposes.

Nursing and retirement homes, subject to the provisions of Section 40-3-21.

Nursery schools and orphanages, subject to the provisions of Section 40-3-22.

Permitted Accessory Uses.

Any accessory use permitted and as regulated in the MR-1 District.

Exceptions.

Any exception permitted and as regulated in the MR-1 District.

Special Permits.

Planned multi-family developments subject to the applicable provisions of Sections 40-5-6 and 40-5-7.

Planned mobile home parks subject to the applicable provisions of Sections 40-5-6 and 40-5-8.

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"B-1" Community Business

Permitted Uses.

Any use permitted and as regulated in the MR-3 District, except as provided in Section 40-2-5(E).

Places used for the retailing of those commodities which may be classified as "convenience goods," "durable goods," and "fashion goods" as follows:

Apparel stores and shops.

Bakery shops, including the baking and processing of food products for retail sales on the premises only.

Candy and ice cream shops.

Commercial institutions, such as banks, savings and loan associations.

Drug stores.

Eating and drinking establishments.

Food stores, including supermarkets, delicatessens, dairy products, meat markets, health foods.

Frozen food stores and good lockers.

Furniture, home furnishing and appliance stores.

Hardware stores and hobby shops.

Hobby shops.

Personal service shops, including barber and beauty shops, shoe repair shops, laundries, self-service laundries, dry-cleaning stores, travel agencies, photographers, blueprinting and photostating shops, tailoring.

Pet shops, but not including animal hospitals.

Second-hand stores and rummage shops.

Taverns.

Places of amusement or recreation such as drive-in theaters, auditoriums or bowling alleys, Section 40-3-20.

Plumbing, heating and air conditioning sales.

Variety stores.

Other stores and shops, including gift and card shops, leather and luggage, tobacco and news, camera shops, sporting foods, garden shops, antique shops.

General office buildings.

Medical and dental clinics and centers.

Professional and service offices.

Hotels, motels and apartment hotels.

Funeral chapels, mortuary chapels and ambulance services.

Membership clubs, and public or charitable institutions not for correctional purposes.

Post office or postal substations.

Libraries or museums, provided that all principal buildings are located at least twenty-five (25) feet from all property lines.

Art galleries and studios.

Meeting halls.

Radio and TV broadcasting stations.

Provided that all such uses listed in this paragraph shall be within an entirely enclosed building, and provided further that all service and consumption of food in connection therewith shall be within an entirely enclosed building or at tables within an area visually screened from all public circulation ways by a hedge, fence or wall at least six (6) feet in height, and that the outside service area shall be not greater than fifty percent (50%) of the inside service area.

Preparation and manufacture of goods or products for retail sale on the premises only, provided that such manufacture progress or treatment shall be clearly incidental and essential to the retail business conducted on the premises and further provided that not more than five (5) persons (exclusive of manager) shall be engaged in said manufacture, processing or treatment of products, and that all such operations create no undue noise, odor, dust, smoke, vibration or other similar nuisance.

Sales of new automobiles and new automobile accessories and parts.

Bus terminals and other public transportation terminal facilities for passengers.

Parking lots and parking garages.

Gasoline service stations.

Permitted Accessory Uses.

Any accessory use permitted and as regulated in the MR-2 District. Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the lot with the retail, service or commercial use and shall be within a completely enclosed building.

Service garage, only if in conjunction with the accessory and incidental to the sale of new automobiles.

Accommodations for caretakers, watchmen, or custodians.

Exceptions.

Any exception permitted and as regulated in the MR-2 District.

Special Permits.

Car wash.

Planned multi-family developments subject to the applicable provisions of Sections 40-3-21 and 40-5-7.

Planned business centers subject to the applicable provisions of Sections 40-5-8 and 40-5-9.

Other planned building developments subject to the applicable provisions of Section 40-5-6 and 40-5-10.

(Ord. No. 923, 05-11-04)

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"B-2" General Business

Permitted Uses.

Any use permitted and as regulated in the B-1 Community Business District except as provided in Section 40-2-4(E) and further provided that the following uses shall not be permitted: dwellings, boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels, mobile homes or mobile home parks, and any uses for living quarters not specifically provided for in the portion of this Section entitled "Permitted Accessory Uses."

Places of amusement and recreation including amusement parks, drive-in theaters, subject to the provisions of Section 40-3-20.

Automobile and/or agricultural implement sales, repair and service.

Air conditioning equipment, custom fabrication and installation.

Animal hospitals when conducted entirely within an enclosed building.

Book publishing, printing.

Business machines, repair and service storage and wholesale.

Candy, wholesale distribution.

Carpenters' shops and power woodworking.

Carpet and rug cleaners and storage.

Cement products, wholesale (pipe, blocks, etc.).

Cleaning and dyeing processing.

Cold storage.

Contractors, equipment and material storage.

Dairies, distributing and pasteurization.

Decoration, workshop and equipment yards.

Display, designers and builder's shops.

Drive-in restaurants.

Dry cleaning establishment, bulk processing.

Electric equipment, assembly and repair.

Express companies, warehouses.

Feed and seed stores.

Food products, brokers, distributors and warehousing.

Furniture, repairing and refinishing.

Locksmiths' repair shops.

Machine and equipment rental service.

Newspaper printing.

Photo-engraving company.

Registered Medical Cannabis Center, pursuant to 410 ILCS 130/1 et seq.

(Ord. No. 14-1163, 08-26-14)

Roofing materials, storage and sales.

Sales of auto parts.

Storage of automobiles.

Storage yards, bulk material.

Tents and awning manufacture.

Mobile home sales.

Warehousing.

Water softening equipment, service and repairs.

Weighers, commercial.

Welding, equipment and supplies, storage.

Provided that neither junk yards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this district, and provided further that adequate safeguards (structural, mechanical and locational) shall be provided to protect adjoining properties from the effects of noisome or injurious substances, conditions and operations as defined.

Permitted Accessory Uses.

Any accessory use permitted and as regulated in the MR-2 District. Storage of merchandise or inventory usually carried in stock provided that such storage shall be located on the lot with the retail, service or commercial use and shall be within a completely enclosed building.

Service garage, only if in conjunction with an accessory and incidental to the sale of new automobiles.

Accommodations for caretakers, watchmen or custodians.

Exceptions.

Any exception permitted and as regulated in the MR-2 District.

Special Permits.

Car wash.

Planned business centers subject to the applicable provisions of Sections 40-5-6 and 40-5-9.

Other planned building developments subject to the applicable provisions of Sections 40-5-6 and 40-5-10.

(Ord. No. 923, 05-11-04)

Supplementary Regulations.

All uses subject to the applicable provisions of Article IV.

"I-1" Limited Industrial District

The I-1 Limited Industrial District delineates areas where a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions, and adequate provisions of public utilities required by industry may be achieved. It is intended that this particular district will generally provide for light industry of an assembly nature from finished goods, warehousing and wholesaling activities. Supportive services for light industry are generally of a non-retail or personal service character and should be encouraged to locate in this district.

Conditions of Use. The permitted uses shall be subject to the following:

(A)

Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties.

(B)

All business production, servicing, and processing shall take place within completely enclosed buildings unless otherwise approved. Storage of equipment and supplies in this district may be open to the sky but shall be enclosed by a wall or fence, including gates, of an approved height by the Board of Zoning Appeals, but in no event less than six (6) feet high, and if abutting a "R" district an approved landscaped screen shall be provided. Open off-street loading facilities and for the storage of motor vehicles may be enclosed throughout the district, except for such screening of parking and loading facilities as may be required to protect adjacent uses or residential districts.

(C)

Railroad Siding Frontage. No yards shall be required for those portions of lots which front on railroad sidings.

(D)

Buffer Areas. A twenty (20) foot wide planting screen, consisting of suitable shrubbery and trees shall be planted wherever an industrial use abuts any other use district. Such screens shall consist of shrubbery and trees at least five (5) feet in height when planted and shall be maintained at not less than twenty (20) feet in height when full grown or as approved by the Building Inspector or the Land Use Committee.

(E)

Yard Areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings.

(1)

Front Yard. On every zoning lot a front yard of not less than twenty-five (25) feet in depth shall be provided.

(2)

Side Yards. On every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width or a minimum of ten (10) feet, but need not exceed twenty (20) feet in width.

(3)

Rear Yard. A rear yard sufficient for structural maintenance and/or safety equipment of at least twenty (20) feet in depth shall be provided.

(F)

Maximum Floor Area Ratio. The maximum floor area ratio shall not exceed 1:1.

Permitted Uses.

Production, processing, cleaning, testing or repair, limited to the following uses and products:

Advertising displays.

Apparel and other products manufactured from textiles.

Art needle work and hand weaving.

Automobile painting, upholstering, repairing, reconditioning and body fender repairing when done within the confines of a structure.

Awnings, venetian blinds.

Bakeries.

Beverages — non-alcoholic.

Blacksmith shop.

Books — hand-binding and tooling.

Bottling works.

Brushes and brooms.

Building equipment, building materials, lumber, coal, sand, and gravel yards, and yards for contracting equipment of public agencies, or public utilities or material or equipment of a similar nature.

Cameras and other photographic equipment and supplies.

Canning and preserving.

Canvas and canvas products.

Carpet and rug cleaning.

Carting, express hauling or storage yard.

Ceramic products — such as pottery and small glazed tile.

Cleaning and dyeing establishments.

Clothing.

Contractor or construction shops, such as: building, masonry, cement, painting, electrical, plumbing, roofing, refrigeration, air conditioning, heating and ventilation.

Cosmetics and toiletries.

Creameries and dairies.

Drugs.

Dentures.

Electrical appliances, such as lighting fixtures, irons, fans, toasters, and electrical toys.

Electrical equipment assembly, such as home radio and television receivers and home movie equipment.

Electrical supplies, manufacturing and assembly switches, lamps, insulations and dry cell batteries.

Food products processing and combining of (except meat and fish) baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing.

Fur goods, not including tanning and dyeing.

Glass products, from previously manufactured glass.

Greenhouses (wholesale).

Hair, felt, and feather products (except washing, curing and dyeing).

Hat bodies of fur and wool felt.

Hosiery.

Ice, dry and natural.

Ink mixing and packaging and inked ribbons.

Insecticides.

Jewelry.

Laboratories—medical, dental, research, experimental, and testing—provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences.

Laundries.

Leather products, including shoes and machine belting.

Luggage.

Machine shops for tool, die and pattern making.

Mail order houses.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment.

Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils.

Mobile homes.

Musical instruments.

Orthopedic and medical appliances such as artificial limbs, braces, supports, and stretchers.

Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wall paper printing.

Pharmaceutical products (compounding only).

Plastic products, but not including the processing of raw materials.

Poultry and rabbits — slaughtering.

Precision instruments — such as optical, medical and drafting.

Products from finished materials — plastics, bone, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, precious and semi-precious stones, rubber, shell or yard.

Printing and newspaper publishing, including engraving and photoengraving.

Public auctions.

Registered Medical Cannabis Center, pursuant to 410 ILCS 130/1 et seq.

Repair of household or office machines or equipment works.

Rubber products, small and synthetic treated fabrics (excluding all rubber and synthetic processing) such as washer, gloves, footwear, bathing caps, and atomizers.

Silverware, plate and sterling.

Soap and detergents (packaging only).

Soldering and welding.

Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods.

Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations.

Storage of household goods.

Storage and sale of trailers, farm implements and other similar equipment on an open lot.

Underground storage of flammable liquids, fats or oil in tanks each of fifty thousand (50,000) or less capacity.

Telephone booth, public.

Textiles — spinning, weaving, manufacturing, dyeing, printing, knit goods, yard, thread and cordage, but not including textile bleaching.

Tobacco curing and manufacturing, and tobacco products.

Tool and die shops.

Tool and hardware — such as bolts, nuts, cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances.

Toys.

Trucks tractor, trailer of bus storage yard, but not including a truck or motor freight terminal.

TV disk.

Umbrellas.

Upholstering (bulk), including mattress.

Manufacturing, rebuilding and renovating.

Vehicles, children's — such as bicycles, scooters, wagons and baby carriages.

Watches.

Wood products, such as furniture, boxes, crates, baskets, and pencils and cooperage works.

Any other manufacturing establishments that can be operated without creating unreasonable noise, odor, dust, smoke, gas, fumes or vapor, and that is compatible with the use and occupancy of adjoining properties.

Wholesale and warehousing; local cartage and express facilities (but not including motor freight terminals).

Public and community service users — as follows: bus terminals, bus garages, bus lots, railway facilities and car houses, fire stations, municipal or privately owned recreation buildings or community centers, parks and recreation areas, police stations, sewage treatment plants, telephone exchanges, telephone booths (public), water pumping stations, water reservoirs.

(Ord. No. 14-1163, 08-26-14)

Special Uses.

Airport or aircraft landing fields.

Animal pounds and shelters.

Automobile service stations, lubricating and washing facilities, including car washes, are permitted only if completely enclosed in a building.

Banks or financial institutions.

Battery and tire service stations.

Currency exchanges.

Drug stores.

Fuel sales, with storage of fuel oils, gasoline and other flammable products.

Greenhouses.

Ice sales, linen, towel, diaper, and other similar supply services.

Lumberyards (without restriction).

Modular building units for office/commercial uses.

Motor freight terminals.

Planned Business Centers subject to the applicable provisions of Sections 40-5-9 and 40-5-10.

Public utility electric substations, distribution centers, gas regulation centers and underground gas holder stations.

Parking of sanitation trucks/vehicles, roll-on containers, pick up containers, and related miscellaneous items. (Freight cars to be used for storage only.)

Restaurants, including the sale of liquor in conjunction therewith.

Riding stable and academies.

Sanitary landfills.

Stadiums, auditoriums and arenas.

Stone and gravel quarries and crushing, grading, washing and loading equipment and structures.

Surface and shaft mining of all kinds.

Taverns, bars, nightclubs.

Telephone exchange, repeater stations, microwave relay towers and stations, mobile transmitting towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity and including business offices in conjunction therewith.

Theaters, outdoor drive-in.

Trade schools.

Trailers (commercial or private).

All uses subject to the applicable provisions of Article IV.

Accessory Uses.

Accessory uses that are clearly associated with and supplementary to the principal use of the lot or tract of land.

Dwelling units for watchmen when located on the premises where they are employed in such capacity.

Off-street parking and loading.

Storage of merchandise or inventory usually carried in stock.

Telephone booths.

Temporary buildings for construction purposes—for a period not to exceed the duration of such construction.

Prohibited Uses.

Neither junk yards, the dismantling of vehicles, or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of flammable gases or liquids or explosives is permitted. Research and development of any commodity from explosives or flammable liquids or gases. The following shall not be permitted: boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels and mobile home parks or courts, mobile homes, and any uses for living quarters not specifically provided for in the portion of this Section. Vehicles, being automobiles; buses and trucks that do not bear a current set license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted. Restaurant/bars that feature nude dancing in any form.

"I-2" General Industrial District

The General Industrial District encompasses areas where there is a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions, and where the adequate provisions of public utilities and power facilities required by industry may be achieved. It is intended that this district will provide for a type of manufacturing land use that is not permitted in the I-1 Limited Industrial District and that meets the requirements and conditions of this Code.

Conditions of Use. The permitted uses shall be subject to the following:

(A)

Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties.

(B)

All business production, servicing, and processing shall take place within completely enclosed buildings unless otherwise approved. Storage of equipment and supplies in this district may be open to the sky but shall be enclosed by a wall or fence, including gates, of an approved height by the Board of Zoning Appeals, but in no event less than six (6) feet high. Open off-street loading facilities and open, off-street parking facilities for the storage of motor vehicles may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required.

(C)

Railroad Siding Frontage. No yards shall be required for those portions of lots which front on railroad sidings.

(D)

Buffer Areas. A twenty (20) foot wide planting screen, consisting of suitable shrubbery and trees shall be planted wherever an industrial use abuts any other use district. Such screens shall consist of shrubbery and trees at least five (5) feet in height when planted and shall be maintained at not less than twenty (20) feet in height when full grown or as approved by the Building Inspector or the Land Use Committee.

(E)

Yard Areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings.

(1)

Front Yard. On every zoning lot a front yard of not less than twenty-five (25) feet in depth shall be provided.

(3)

Side Yards. On every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width or a minimum of ten (10) feet, but need not exceed twenty (20) feet in width.

(3)

Rear Yard. A rear yard sufficient for structural maintenance and/or safety equipment of at least twenty (20) feet in depth shall be provided.

(F)

Maximum Floor Area Ratio. The maximum floor area ratio shall not exceed 1:1.

Permitted Uses.

Any use permitted in the I-1 Limited Industrial District.

Agricultural buildings and structures.

Air conditioning contractors offices, shops and yards.

Architects offices, shops and yards.

Arenas.

Auditoriums.

Automobile testing grounds.

Building contractor or construction offices, shops and yards.

Building material sales.

Bus garage, lots, stations and terminals.

Car wash establishments.

Cement contractors offices, shops and yards.

Cement block manufacture.

Crafting.

Electrical contractors offices, shops and yards.

Engineers offices, shops and yards.

Express facilities.

Freight terminals, (air, railroad and water).

Fuel sales.

Garages (for storage, repair and servicing of motor vehicles).

Gas regulator stations.

Hangars, aircraft.

Heating contractors, offices, shops and yards.

Highway maintenance shops and yards.

Ice sales.

Labor organizations, lodges and offices.

Motor freight terminals.

Masonry contractors offices, shops and yards.

Oils — storage and wholesale distribution.

Packing.

Painting contractors offices, shops and yards.

Parking lots, open or enclosed, and other than accessory.

Parks.

Penal institutions.

Petroleum — storage and wholesale distribution.

Plastic products.

Planned business centers, subject to the applicable provisions of Sections 40-5-9 and 40-5-10.

Plumbing contractors offices, shops and yards.

Printing.

Race tracks (all types).

Radar installation and towers.

Radio stations and towers (transmitting and receiving).

Railroad round houses, labor rest houses, hotels, passenger stations, switching and classification yards and repair shops.

Refrigeration contractors offices, shops and yards.

Stadiums.

Storage and warehousing.

Television stations and towers (transmitting and receiving).

Theaters (automotive drive-in).

Ventilating contractor offices, shops and yards.

Water reservoirs.

Water service stations.

Water works.

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, but not including any of the uses first listed as permitted in the I-3 Heavy Industrial District that can be operated without creating unreasonable noise, odor, dust, smoke, gas, fumes, or vapor; and that is a use compatible with the use and occupancy of adjoining properties.

All uses subject to the applicable provisions of Article IV.

Special Uses.

Airport, heliport, landing fields.

Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least twelve (12) feet high or screening as approved.

Manufacturing, processing or storage involving flammable or explosive materials, liquids or gases.

Sanitary landfills and landfills.

Slag piles, refining, and ore waste.

Modular building units for office/commercial uses.

Stone and gravel quarries and crushing, grading, washing and loading equipment and structures.

Surface and shaft mining of all kinds.

Taverns, bars and nightclubs.

Utilities: electrical substations, gas regulator stations, other public utility distribution facilities.

Parking of sanitation trucks/vehicles, roll-on containers, pick up containers, and related miscellaneous items.

Dumping or disposal area, garbage, refuse or trash.

Accessory Uses.

Accessory uses that are clearly associated with and supplementary to the principal use of the lot or tract of land.

Off-street parking and loading.

Storage of merchandise or inventory usually carried in stock.

Temporary buildings for construction purposes—for a period not to exceed the duration of such construction.

Prohibited Uses.

The following shall not be permitted: boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels and mobile home parks or courts, mobile homes, and any uses for living quarters not specifically provided for in the portion of this Section. Vehicles, being automobiles; buses and trucks that do not bear a current set license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted. Restaurant/bars that feature nude dancing in any form.

"I-3" Heavy Industrial District

The Heavy Industrial District encompasses areas where there is a satisfactory correlation of factors such as adequate transportation facilities, accessibility for employees, efficient land assembly, adequate topographical conditions and where the adequate provisions of public utilities and power facilities required by industry may be achieved. It is intended that this district will provide for a type of manufacturing land use that is not permitted in the I-2 General Industrial District, and that meets the requirements and conditions of this Code.

Conditions of Use. The permitted uses shall be subject to the following:

(A)

Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties.

(B)

All business production, servicing, and processing shall take place within completely enclosed buildings unless otherwise approved. Storage of equipment and supplies in this district may be open to the sky but shall be enclosed by a wall or fence, including gates, of an approved height by the Board of Zoning Appeals, but in no event less than six (6) feet high, and if abutting a "R" district an approved landscaped screen shall be provided. Open off-street loading facilities and for the storage of motor vehicles may be enclosed throughout the district, except for such screening of parking and loading facilities as may be required to protect adjacent uses or residential districts.

(C)

Railroad siding Frontage. No yards shall be required for those portions of lots which front on railroad sidings.

(D)

Buffer Areas. A twenty (20) foot wide planting screen, consisting of suitable shrubbery and trees shall be planted wherever an industrial use abuts any other use district. Such screens shall consist of shrubbery and trees at least five (5) feet in height when planted and shall be maintained at not less than twenty (20) feet in height when full grown or as approved by the Building Inspector or the Land Use Committee.

(E)

Yard Areas. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings.

(1)

Front Yard. On every zoning lot a front yard of not less than twenty-five (25) feet in depth shall be provided.

(2)

Side Yards. On every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width or a minimum of ten (10) feet, but need not exceed twenty (20) feet in width.

(3)

Rear Yard. A rear yard sufficient for structural maintenance and/or safety equipment of at least twenty (20) feet in depth shall be provided.

(F)

Maximum Floor Area Ratio. The maximum floor area ratio shall not exceed 1:1.

Permitted Uses.

Production, processing, cleaning, servicing, testing and repair, including the following uses and manufacturing of the following products:

Asphalt and asphalt products.

Chemicals, including: acetylene, aniline, dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing, preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured or natural) and an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, hydrochloric, picric, and sulfuric acids, and derivatives.

Coal, coke and tar products including gas manufacturing.

Electric central stations, power and steam generating plants.

Fertilizers.

Film, photographic.

Flour, feed and grain-milling and processing.

Gelatin, glue and size - animal.

Linoleum and oil cloth.

Magnesium foundries.

Matches.

Metal and metal ores (except precious and rare metals), reduction, refining, smelting and alloying.

Paint, lacquer, shellac, varnishes, linseed oil and turpentine.

Petroleum products, refining such as: gasoline, kerosene, naphtha, lubricating oil and liquefied petroleum gases.

Railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops and round houses.

Ready mix cement plants.

Restaurants.

Rubber (natural or synthetic).

Soaps, including fat and oil rendering.

Starch.

Stock yards, slaughter houses and abattoirs.

Wood, coal and bones distillation.

Wood pulp and fiber, reduction processing, including paper mill operations.

Storage, including the following uses and materials or products: goods used in or produced by manufacturing activities permitted in this district, explosives, grain, manure, peat, topsoil, petroleum and petroleum products, parking of sanitation vehicles, trucks, pick-up containers, roll on containers and miscellaneous related items.

All uses subject to the applicable provisions of Article IV.

Special Uses.

Airport, heliport, landing fields.

Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least twelve (12) feet high or screening as approved.

Manufacturing, processing or storage involving flammable or explosive materials, liquids or gases.

Sanitary landfills and landfills.

Slag piles, refining, and ore waste.

Modular building units for office/commercial uses.

Stone and gravel quarries and crushing, grading, washing and loading equipment and structures.

Surface and shaft mining of all kinds.

Taverns.

Utilities: electrical substations, gas regulator stations, other public utility distribution facilities.

Accessory Uses.

Accessory uses that are clearly associated with and supplementary to the principal use of the lot or tract of land.

Off-street parking and loading.

Storage of merchandise or inventory usually carried in stock.

Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

Prohibited Uses.

The following shall not be permitted: boarding and rooming houses, dormitories, fraternity and sorority houses, apartment hotels and mobile home parks or courts, mobile homes, and any uses for living quarters not specifically provided for in the portion of this Section. Vehicles, being automobiles; buses and trucks that do not bear a current set license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted. Restaurant/bars that feature nude dancing in any form.

"I-S1" General Salvage District

Definitions.

Automobile Graveyards. An accumulation of inoperable motor vehicles that have not gone through the complete scrapping process and are unlikely to do so. An establishment or place of business which stores or keeps inoperable motor vehicles for a period of ninety (90) days or more.

Automobile Salvage Sales Yards. Inoperable motor vehicles that have been placed for outside storage or deposit for retail/wholesale selling of parts to the general public. An establishment or place of business which stores or keeps inoperable motor vehicles for a period of thirty (30) days or less for retail/wholesale selling of parts to the general public.

Floodplain Territories. Land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation which is subject to inundation. Areas subject to a one percent (1%) or greater chance of flooding in any given year as identified by the Federal Emergency Management Agency.

Illegal Salvage/Graveyard Yards. A salvage/graveyard or portion of a salvage yard that was established or is maintained in violation of state law or this chapter, except that a nonconforming salvage yard is not an "illegal salvage/graveyard."

Nonconforming Salvage/Graveyard Yards. A salvage/graveyard that was lawfully established before passage of this Chapter, and which has been duly licensed and in operation continuously since then.

Outside Storage. The keeping, maintaining, or accumulation of equipment, products, merchandise, vehicles, containers or other goods in usable condition or good working order in an open, unenclosed area.

Owner or Operator. The person who has control over the maintenance and operation of a salvage yard.

Public/Private/Traveled Way Road. A road or right-of-way designed for vehicular travel by public or property owner.

Salvage, Junk or Scrap. Any old scrap, dismantled, inoperable or dilapidated motor vehicles and parts thereof; machinery, household furniture and appliances, boats, construction equipment and materials, rubble, tanks, drums, tires, pipes, wire, wood, paper, and other organic waste materials, metal, rags, glass, or any other kind of salvage or waste materials.

Salvage Yard. Any land or building licensed and used for abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap, discarded materials or junk for the purpose of abandonment, demolition, dismantling, storage, recycling or salvaging.

Screening. Includes fencing, walls, buildings or other barrier constructed of rigid frame and cover material rates for exterior use, effectively braced and anchored, and compliance with the construction techniques and materials set forth by the current International Building Code. Structures or barriers will completely and effectively block the public's view of salvage operations. For the purpose of this definition, minimum building materials shall be the same as the envelop of the building or equal to and approved by the Land Use Committee.

Storm water runoff. The waters derived from melting snow or rain falling within a tributary drainage basin which are in excess of the infiltration capacity of the soils of said basin and which flows over the surface of the ground or are collected in channels or conduits.

Wetlands. Defined by regulation as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." Restrictions on Use. No burning or incineration of vehicles/scrap/junk/debris/waste/wood shall be permitted. Salvage materials and inoperable motor vehicles shall be in enclosed buildings.

Conditions of Use. The permitted uses shall be subject to the following:

(A)

Outside Storage. Where specifically permitted by zoning, outside storage shall be permitted, provided that:

(1)

All items are stored and maintained in a neat and orderly manner.

(2)

No outside storage other than a licensed salvage retail/wholesale yard shall be within twenty-five (25) feet from setbacks of side line or within forty (40) feet from the front setbacks line of property.

(3)

All motor vehicles shall be elevated at eighteen (18) inches from pavement elevation to the under carriage of the motor vehicle.

(4)

Setbacks from screening shall be designed per International Fire Code, latest edition for safeguards health, safety, property, and public welfare.

(5)

All storage motor vehicles shall be placed on top of a paved concrete lot no less than five (5) inches thick.

(6)

Hard surface lots shall drain into designed drainage system shall require gas/oil separation interceptors.

(7)

All interceptors shall be collected and routed to a property holding pond as designed per storm water chapter.

(8)

Pavements shall at all times be maintained in a sanitary condition.

(B)

Permit Required for Salvage/Graveyards. No person, firm, or business entity shall establish, operate, or maintain Salvage/Graveyards/Junk without obtaining a business license from the Village and satisfying all other requirements of the State of Illinois for the operation of such business.

(C)

Penalties and Remedies shall be as follows:

(1)

Any violation of the provisions of this Section or failure to comply with any of its requirements shall be punishable by a fine of seven hundred fifty dollars ($750.00).

(2)

Each day that any violation continues after final notification by the administrator that such violation exists may be considered a separate offense for purposes of the penalties and remedies specified in this Section.

(D)

Prohibited Within or Located Near Residential Area. No owner or occupant of any dwelling shall store salvage materials on any residential premises or on vacant lots in residential areas. No salvage/graveyards shall be located:

(1)

Within fifty (50) feet of the right-of-way line of any public road;

(2)

Within five hundred (500) feet of residential zoned property;

(3)

Within five hundred (500) feet of any school, church, public park, nursing home, rest home, cemetery or other place of public assembly;

(4)

Within an "area of special flood hazard."

(E)

General Requirements. The following are general operation requirements:

(1)

The licenses issued pursuant to this Chapter shall be plainly displayed on the business premises.

(2)

The retail/wholesale yard, together with items kept therein, shall at all times be maintained in a sanitary condition.

(3)

No salvage/graveyard automobile/vehicle shall be stored longer than thirty (30) days from time of start of process.

(4)

No space not covered by this Section shall be used in the permitted business.

(5)

No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.

(6)

Weeds and vegetation on the premises, other than trees or the required screening by the Plan Commission, shall be kept at a height of no greater than eight (8) inches.

(7)

No garbage or waste liable to give off a foul odor or attract vermin shall be kept on the premises, nor shall any refuse of any kind be kept on the premises.

(8)

Automobiles for retail salvage shall be stored in rows not to exceed the original height of the automobile and shall be arranged so as to permit easy access to all such parts from the automobile that is being salvaged.

(9)

No combustion material of any kind which is not necessary or beneficial to the licensed business shall be kept on the premises, nor shall the premises be allowed to become a fire hazard.

(10)

Gasoline, oil, and other hydrocarbons shall be removed from any motor vehicles that will be used for salvage parts. Also cooling fluids and refrigerates shall be removed. All fluids and hydrocarbons shall be stored, labeled, and processed as required by the IEPA regulations. All refrigerates shall be reclaimed by a licensed service man as required by federal law. All the fluid storage areas shall be regulated by the latest International Building Code and International Fire Code.

(11)

No junk or other materials shall be burned on the premises.

(12)

No crushing, smashing, baling, or reduction of metal is allowed to be performed on the premises, but shall not pertain to selling parts from salvage motor vehicles.

(13)

Noise levels: an owner/operator of a business under this Chapter shall not cause or permit noise levels which exceed maximum allowable noise levels as follows: Day at sixty-seven (67) decibels, Night at sixty-two (62) decibels.

(F)

Periodic Inspection of Salvage Yard Locations—Revocation of Permit. The Code Enforcement Officer or his/her designee shall make periodic inspections of licensed salvage yards to ensure that they are being operated and maintained in accordance with permit conditions and applicable code provisions. If an inspection discloses that the owner/operator of a place of business is operating in violation of any code provisions, the licensee shall be informed in writing by registered mail of the violations and shall have ten (10) days from receipt of such notice to come into compliance with the code provisions. If the owner/operator fails to comply, the Village may pursue enforcement under the appropriate code provisions. In addition, the Code Enforcement Officer may revoke the business license until said violation(s) can be resolved.

(G)

Proper Storage. All rack-able salvage materials in a salvage yard shall be stored on racks or in bins within eighteen (18) inches of clearance from the ground. All rack-able salvage materials shall be stored in an enclosed structure. Non rack-able materials/parts shall be stored inside the buildings on the premises.

(H)

Ground Surfaces. All ground surfaces, except lawn areas as required by the Land Use Committee, of the business shall be weed/sapling free.

(I)

Health or Safety Nuisance. A salvage/graveyard/junk vehicle, or other used materials, may be declared a health nuisance or safety hazard when it is found to be:

(1)

A breeding ground or harbor for mosquitoes or other insects, snakes, rats or other pests, or:

(a)

Vectors — An organism that carries disease-causing micro-organisms from one (1) host to another (rats, mosquitoes, etc.)

(2)

A point of collection for pools or ponds of water;

(3)

An unsafe concentration of gasoline, oil or other flammable liquids.

(J)

Use of Rodent Poisoning. Rodent poison on the property shall be dispensed by a State of Illinois licensed exterminator.

(K)

Screening. Salvage/graveyards are required to be screened from view from public roads and adjacent properties. Screening shall be provided as specified below:

(1)

Types of Screening.

(a)

Screen Fence. The screening requirements may be satisfied by fencing specified in the above definition, of such design and construction as provided, a permanent, solid and continuous screen extending a minimum of twelve (12) feet in height above the surface of the ground.

(b)

Vegetative Screen. A strip of living plant material planted with one (1) or several species of trees and/or shrubs at such spacing which will provide a permanent, solid and continuous, screen extending a minimum of twelve (12) feet in height above the surface for the ground.

(c)

Earthen Berm. The screening requirements may be satisfied by a berm, consisting of dirt, rock and soil, of such design and construction to provide a permanent, solid, and continuous screen extending a minimum of twelve (12) feet in height above the surface of the ground.

(d)

Other Screens. Combination of fencing and vegetative screens or other methods of screening determined by the Plan Commission to satisfy the intent of this Section may be acceptable.

(2)

Screening Required.

(a)

Any portion of any salvage/graveyard which is both within five hundred (500) feet of the right-of-way line on any public road and is visible from the traveled way of any public road shall be screened from view consistent with general requirements from this Section.

(b)

Any portion of any salvage/graveyard which is both within five hundred (500) feet and is visible from any residence, school, church, public park, nursing home, rest home, cemetery, or other place of public assembly shall be screened from view consistent with this Section of this Chapter.

(L)

Prohibited within A/H Floodplain and Wetlands Territories. All Auto Graveyards, Salvage Yards, and Junk Yards are prohibited within A/H Floodplain and Wetlands Territories.

(M)

Nonconformities. It is the intent of this Chapter to require all existing Salvage/Graveyards, as of the effective date of this Chapter, to be subject to requirements of the I-S1 zoning classification. Pre-existing salvage/graveyards that do not comply with the provisions of this Chapter shall be considered "nonconforming." Nonconforming facilities shall be brought into compliance with this Chapter within forty-eight (48) months of the effective date of this Chapter. Owners of nonconforming facilities shall be notified by the Zoning Department of the requirements of this Chapter and of the actions necessary to bring their facility into compliance.

(N)

General National Pollutant Discharge Elimination System (NPDES).

(1)

Salvage/graveyards shall have a permit for facilities that have a point source discharge of storm water to a river, lake, wetlands or stream:

(a)

A point source discharge is a discharge to water of the state, county, and village by a specific confined conveyance such as a pipe, ditch, channel, county drain, or graded lot.

(b)

The following requires Secondary Containment: used antifreeze, storage tanks, used tires, old batteries, chlorofluorocarbons, gasoline, diesel, and mercury.

(2)

The plan for secondary containment shall have periodic inspections and preventative maintenance. All activities shall be recorded and logged as required per NPDES permit.

(3)

Long Term Maintenance Responsibility. Maintenance of storm water drainage and erosion and sediment control facilities located on private property shall be the responsibility of the owner of that property. Before an appropriate license to operate is obtained from the Village, the applicant shall execute a maintenance agreement with the Village guaranteeing that the applicant and all future owners of the property will maintain its storm water drainage and erosion and sediment control system. Such agreement shall be recorded with the Recorder of Deeds of Madison County, Illinois. The maintenance agreement shall include a schedule for regular maintenance of each aspect of the property's storm water drainage and erosion and sediment control system and shall provide for access to the system for inspection by authorized personnel of the Village or County. The maintenance agreement shall stipulate that if the appropriate personnel of the Village or County notify the property owner, the owner shall begin such corrections within twenty-four (24) hours and shall not extend beyond seven (7) calendar days of such notification. If the corrections are not made within this time period, the Village shall have the license of operations suspended.

(4)

The Village has the option of requiring a bond to be filed by the property owner for maintenance of the storm water drainage and erosion and sediment control system.

(Ord. No. 15-1176, 07-14-15)