General requirements for industrial districts are as follows:

(1)

Restrictions as to use.

a.

Prohibited uses. No lot, parcel or tract of land shall be used, and no building or structure shall be erected, altered or remodeled, for any of the following uses: abattoirs; arsenals; creosote treatment of manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping, reduction or other processing of garbage, dead animals, offal or refuse, except as customarily incidental to a permitted principal use; ore reduction; petroleum processing or refining; pyroxylin manufacture; natural or synthetic rubber, caoutchouc or gutta-percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyard or slaughter of animals or fowls; tallow, grease or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation or manufacture; or cement concrete or asphaltic concrete mixing plants.

b.

Explosives. No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the Village or are used as customarily incidental to the operation of a principal use in such quantities and in a manner conforming with applicable performance standards set forth in this section. Such materials shall include but shall not be confined to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PET and picric acid; propellants and components thereof such as cellulose nitrate of a nitrogen content of 12.5 percent or greater, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

c.

Outdoor activities. All activities involving the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of materials, products and goods shall be within completely enclosed principal buildings; except outside storage shall be permitted in accordance with this division.

d.

Residence uses. Residence uses are permitted only in the OR Office Research District, except that this provision shall not apply to residences with animal hospitals and emergency/critical care animal clinics, mortuaries, self-service storage facilities, or other business necessary for the maintenance of public health as special uses for a childless couple or a single individual, or for hotels, in accordance with Article II of this chapter, prior to their establishment.

e.

Limited retail uses. Except for specifically listed retail uses, retail sales of goods that are manufactured, processed, or wholesaled on the premises may be allowed with a special use permit. The retail use cannot exceed the lesser of 5,000 ft ² or 10% of the total gross floor area. Parking requirements must be met for the retail portion of the operation.

f.

Retail planned developments. As an alternative to uses allowed in the M1 Office Assembly, M2 Light Industry, and M3 Industry districts, retail planned developments are allowed with a special use permit, subject to the following requirements:

1.

Development size. The development site shall either have a minimum area of 5 acres, abut a business zoning district, or abut another retail planned development.

2.

Location. The development site shall abut a major arterial street as defined in the Comprehensive Plan.

3.

Uses. Uses in the development shall be restricted only to those in the either the General Sales and Service or Arts, Entertainment, and Recreation categories in Appendix A for B2 Commercial districts. Uses listed as special uses must obtain a special use permit.

4.

Other requirements. The site shall be developed as if the site was zoned B2 subject to subsection 118-141(b) and section 118-143 except that the maximum building height shall be 40 feet.

g.

Miscellaneous manufacturing that is not otherwise listed, primary metal manufacturing, and transportation equipment, automobiles, etc. Manufacturing uses listed as restricted uses in Appendix A shall be a permitted use or a special use, consistent with the intent of the district, as determined by the Village Manager or his designee.

(2)

Performance standards. Any new use established in an industrial district after the effective date of the ordinance from which this chapter is derived, or any existing use altered or modified, shall comply with the performance standards as set forth in this subsection. Prior to the issuance of a building permit or occupancy permit, the Village Manager or designee may require the petitioner to submit certification from a Village-approved testing laboratory, indicating compliance with the applicable performance standards. The Village may contract with any agency or an independent expert to perform testing. If a violation is found, the cost for the testing shall be borne by the violator.

a.

Noise.

1.

Maximum sound pressure level. The sound pressure level of continuous sounds, to be measured as described in this subsection, shall not exceed the following decibel levels in the designated octave bands when adjacent to the designated types of use districts:

2.

Intermittent sounds. Objectionable sounds of an intermittent nature which are not easily measured shall be controlled so as not to become a nuisance to adjacent uses.

3.

Method of measurement. Measurement is to be made to the nearest boundary of the nearest residential district or business district, or at any other point along the boundary where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association.

b.

Vibration. No uses shall be located and no equipment shall be installed in such a way as to produce vibrations which are noticeable at the property lines of the subject premises.

c.

Smoke and particulate matter.

1.

The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall be unlawful.

2.

The emission of smoke and particulate matter shall not exceed the standards established in the most current federal and State laws and regulations.

3.

For the purposes of grading the density of smoke, the Ringelmann chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann chart is prohibited at all times except as otherwise provided in this subsection.

4.

The emission from all sources within any lot area of particulate matter containing more than 10 percent by weight of particles having a particle diameter larger than 44 microns is prohibited.

5.

Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like, within lot boundaries, shall be kept to a minimum by landscaping, paving, oiling, fencing or other means. Emission of particulate matter from such sources in excess of the weight limitation specified in this subsection is prohibited. The emission of more than 8 smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, during 1 1-hour period in each 24-hour day, each stack may emit up to 16 smoke units when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringelmann No. 3 be permitted, and then for not more than 3 minutes.

d.

Toxic or noxious matter. 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 concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. No discharge of toxic or noxious matter shall be permitted into the sanitary or storm sewer system, unless permitted by the Metropolitan Water Reclamation District.

e.

Odors. The emission of odorous matter from any property which is detectable at any point along the property boundaries in such concentrations as to create a public nuisance or hazard is prohibited. The emission of odorous matter shall not exceed the standards established in the most current federal and State laws and regulations.

f.

Storage of materials.

1.

All business, servicing, or processing shall be conducted within completely enclosed buildings except as otherwise provided in accordance with this chapter or other applicable Village codes.

2.

Outside storage, display, sales, or rental of any product, equipment, motor vehicle, or boat shall be allowed by special use permit only, provided that the activity is conducted with a principal use allowed in the district.

3.

Outdoor storage shall be located behind one of the following types of screening and be a minimum of 8 feet in height:

i.

A fence screened by dense plantings of trees and shrubs.

ii.

Solid fencing.

iii.

A wall.

g.

Glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.

h.

Radiation hazards. The use and storage of radioactive materials shall be performed in compliance with applicable federal and State regulations.

i.

Electromagnetic radiation. There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

(Zon. Ord., § 10.1; Ord. No. 00-11-Z-2952, § 3, 11-20-2000; Ord. No. 01-9-Z-3028, § 1, 9-20-2001; Ord. No. 01-10-Z-3034, § 1, 10-1-2001; Ord. No. 02-5-Z-3082, § 7, 5-6-2002; Ord. No. 03-1-Z-3144, § 1, 1-6-2003; Ord. No. 08-6-C-3621, § 1, 6-2-2008; Ord. No. 09-1-C-3657, § 2, 1-5-2009; Ord. No. 09-1-C-3659, § 1, 1-5-2009; Ord. No. 09-7-C-3687, § 1, 7-6-2009; Ord. No. 10-2-C-3734, § 1, 2-1-2010; Ord. No. 10-2-C-3736, § 2, 2-1-2010; Ord. No. 15-5-C-4142, § 3, 5-4-2015)

(Zon. Ord., § 10.2; Ord. No. 00-7-Z-2902, § 2, 7-5-2000; Ord. No. 00-11-Z-2952, § 3, 11-20-2000; Ord. No. 01-3-Z-2977, § 7, 3-19-2001; Ord. No. 01-8-Z-3021, § 5, 8-6-2001; Ord. No. 01-12-Z-3052, § 1, 12-17-2001; Ord. No. 02-5-Z-3082, § 8, 5-6-2002; Ord. No. 02-10-Z-3120, § 12, 10-7-2002; Ord. No. 03-1-Z-3144, § 1, 1-6-2003; Ord. No. 03-4-Z-3157, § 1, 4-7-2003; Ord. No. 03-6-Z-3187, § 1, 6-16-2003; Ord. No. 10-4-C-3757, § 1, 4-7-2010; Ord. No. 11-3-C-3823, § 1, 3-7-2011; Ord. No. 17-3-C-4275, § 1, 3-6-2017)

Editor's note— Ord. No. 17-3-C-4275, § 1, adopted March 6, 2017, repealed § 118-173, which pertained to M2 Light Industry district and derived from Zon. Ord., § 10.3, as amended. See the Zoning Code Comparative Table for complete derivation. The user's attention is directed to § 118-172.

Editor's note— Ord. No. 17-3-C-4275, § 1, adopted March 6, 2017, repealed § 118-174, which pertained to M3 Industry district and derived from Zon. Ord., § 10.4, as amended. See the Zoning Code Comparative Table for complete derivation. The user's attention is directed to § 118-172.

The OR Office Research district is established to allow the development of business and professional offices, uses with "higher intensity" residential developments with a mix of residence types, and other compatible uses in a planned park-like setting. The district is intended to serve the Village and the surrounding urban region. Because of the unique character of properties located within this district and its proximity to the Edens Expressway, the Old Orchard Interchange, Cook County Forest Preserve and adjacent residential properties in other municipalities, all properties within this district require site plan approval in accordance with Article II of this chapter. Relief from any of the requirements of this district shall only be granted by the Mayor and Board of Trustees. The petitioner shall have the burden of providing evidence and persuasion that any such relief is necessary and desirable. Similarly granted relief to existing developments in the district shall not be sufficient to base justification for approval upon an already existing development. Each development shall be presented and judged on its own merits. The following requirements shall apply to the OR district:

(1)

Building height. The maximum building height shall be:

a.

North of Old Orchard Road: 105 feet. Buildings that exceed a height of 60 feet are required to have a yard to building height ratio of 2.5 to 1, from residentially zoned property. Residential uses located within 100 feet of a residentially zoned or used property shall have a maximum height of 40 feet or less.

b.

South of Old Orchard Road: 180 feet. Buildings that include residences shall have a minimum height of 80 feet.

(2)

Front yard. A front yard of 50 feet is required. Residential uses located north of Old Orchard Road with a maximum height of 40 feet or less shall have a front yard of 25 feet.

(3)

Side yards. Side yards of 50 feet are required. Residential uses located north of Old Orchard Road with a maximum height of 40 feet or less shall have a side yard of 8 feet.

(4)

Rear yard. A rear yard of 50 feet is required. Residential uses located north of Old Orchard Road with a maximum height of 40 feet or less shall have a rear yard of 30 feet.

(5)

Yards, of properties primarily developed with non-residential uses, abutting residential districts.

a.

All yards abutting residentially used property, whether or not such a residential district is located within the Village or is separated by a street or other public right-of-way, shall be not less than 150 feet in depth, from the nearest lot line of the residentially used property outside the OR district.

b.

Within the yards abutting residentially used property, no building or structure of any kind, other than a screening structure, is permitted.

c.

On-grade off-street uncovered parking is permitted as close as 50 feet away from a lot line that abuts residentially used property, provided it is landscaped or screened as provided in this chapter.

(6)

Maximum land coverage by buildings. Land coverage of all buildings shall not exceed 30 percent of the lot area.

(7)

Landscaping and site development. Berms, trees, walls and/or other forms of landscaping and site development are to be used to screen receiving and service areas as well as off-street parking which are visible from side and rear boundaries. This landscape screening may be located within the required yards. Earth berms banked on both sides, or with 1 side banked toward the yard boundary line and a retaining wall, shall have a side slope ratio of 3 to 1 for ease of maintenance. Planting used for screening shall be a mixture of low wide-spreading evergreens, with taller deciduous trees. North of Old Orchard Road a solid 6-foot-high wall or fence shall be used, in addition to landscaping, to separate a development from any abutting residentially used property.

(8)

Landscaping and site development plan. A plan showing the proposed landscaping and site development must be prepared. It must be submitted as a part of or in addition to the site plan. Such items as embankment ratios, types of planting, materials and their quantities and fencing/walls are to be spelled out.

(9)

Materials testing. All testing activities shall be conducted within a building or enclosed structure. Outdoor testing of materials and products, such as done by the Portland Cement Association, shall be limited to natural weathering only, and is to be located in either side or rear yard areas. The materials and products themselves may not exceed 2 stories or 26 feet in height.

(10)

Special uses. Uses listed as special uses in the district shall be special uses.

(11)

Restricted uses. Uses listed as restricted uses in the district shall be permitted uses and be located within buildings containing other unrestricted uses or residences.

(a)

Buildings containing residences facing Old Orchard Road shall include a commercial or office component.

(b)

Auto Dealer and Marine Craft Dealer shall be restricted as follows:

(1)

All inventory shall be located within the building or within a parking space that meets dimensional standards for parking spaces.

(2)

Auto repair is prohibited.

(3)

Outdoor intercom or speaker systems are prohibited.

(c)

Up to 15,000 square feet in a property primarily developed with residential uses may, in addition to those uses already allowed in Appendix A, include any uses(s) allowed in the General Sales or Services categories in Appendix A for CX districts.

(Zon. Ord., § 10.5; Ord. No. 00-9-Z-2928, § 1, 9-18-2000; Ord. No. 00-9-Z-2931, § 1, 9-18-2000; Ord. No. 01-12-Z-3052, § 4, 12-17-2001; Ord. No. 02-10-Z-3120, § 15, 10-7-2002; Ord. No. 03-1-Z-3144, § 1, 1-6-2003; Ord. No. 03-4-Z-3157, § 1, 4-7-2003; Ord. No. 03-6-Z-3182, § 2, 6-16-2003; Ord. No. 03-6-Z-3183, § 1, 6-16-2003; Ord. No. 03-6-Z-3187, § 1, 6-16-2003; Ord. No. 05-8-C-3375, § 1, 8-1-2005; Ord. No. 08-11-C-3649, § 1, 11-3-2008; Ord. No. 09-1-C-3657, § 2, 1-5-2009; Ord. No. 10-4-C-3757, § 1, 4-7-2010; Ord. No. 11-3-C-3823, § 1, 3-7-2011; Ord. No. 13-10-C-4010, § 3, 10-7-2013; Ord. No. 19-4-C-4451, § 1, 4-15-2019; Ord. No. 22-2-C-4590, § 1, 2-22-2022; Ord. No. 22-12-C-4629, § 1, 12-19-2022)