MANUFACTURING
The intent is to establish two (2) distinctly separate manufacturing classification within the city. This designation shall be:
(1)
M-Manufacturing District.
(2)
ORI-Office, Research and Light Industrial District.
(Ord. No. 2733, § 21, 4-4-94)
To provide areas within the community of manufacturing facilities, research facilities, research park, warehouses and wholesale manufacturing. It is intended that this particular district will generally provide for manufacturing of an assembly nature from finished goods, warehousing and wholesale activities. Supportive services for manufacturing are generally of a non-retail or personal service character and should be encouraged to locate in this district.
All permitted uses are subject to the following conditions:
(A)
Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in the City's Code of Ordinances.
(B)
All business, production, servicing, processing and storage shall take place within completely enclosed buildings, unless approved by a special use permit for outside storage, pursuant to sections 11.2-1(C) and 11.2-4(T).
(C)
Outside storage:
(1)
All outside storage must be confined to an area that is surfaced with bituminous or concrete pavement or brick pavers.
(2)
All outside storage must be enclosed by a material that provides a solid screen so that no stored materials, other than vehicles, are visible from the property boundary. Such material shall consist of:
a.
A fence that shall be no shorter than six (6) feet nor taller than ten (10) feet; or
b.
Landscaping consisting of evergreen trees and/or evergreen shrubs planted to grow so as to accomplish such screening within one (1) year of planting; or a combination of "a" and "b"
(3)
No outside storage shall block, hinder, restrict, or render unusable any required parking spaces or fire lanes.
(4)
No outside storage is permitted in the actual front yard.
(D)
Accessory buildings shall not be located in any required yard.
(E)
Only one (1) principal building may be erected on any one (1) lot.
(F)
Crematoriums.
(1)
No crematorium shall be maintained within six hundred fifty (650) feet of:
(a)
Any residential district and any lot or parcel upon which one (1) or more residences are the primary use at the time of initial application for a special use permit for a crematorium
(b)
Any school or public playground, park, or recreational area
This six hundred fifty (650) foot distance shall be measured as a straight line, without regard to intervening structures, from a point on the property line upon which the proposed crematorium is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(2)
No loading doors shall be visible from any public right-of-way or from any of the uses from which the facility is to maintain a separation distance per section (1) above.
(3)
All business vehicles associated with the facility shall not be visible from any public right-of-way.
(4)
Must comply with all applicable state and federal laws and regulations.
(G)
Salvage and recycling facilities. The distances provided for in this subsection shall be measured by following a straight line, without regard to intervening structures, from a point on the property line upon which the proposed salvage and recycling facility is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(1)
Shall not be located within one thousand (1,000) feet of the property line of another salvage and recycling facility.
(2)
Shall not be located within four hundred (400) feet of any of the following zoning districts as provided for under this ordinance: ER-1, ER-2, R-1, R-2, R-3, R-4, R-5, R-6, B-1, B-2, B-3, A and ORI.
(3)
Shall not be located within four hundred (400) feet of a zoned residential or commercial district lying within another municipality or within unincorporated portions of any county.
(4)
Shall not be located within four hundred (400) feet of any educational institution that serves minors, day care center, cemetery, public park, forest preserve, historic district, public library, residential dwelling, place of religious worship, or other similar government agency operated facility.
(5)
Shall not be located within the same building or structure, or on the same lot, as another salvage and recycling facility.
(6)
Shall not be operated in a manner that permits the observation of the outdoor operations to be visible from any public right-of-way or property line.
(7)
Shall be fully enclosed by a solid screen fence so that none of the outdoor operations are visible. Landscaping consisting of deciduous and/or evergreen trees and shrubs shall also planted to enhance the aesthetics of the screening requirements.
(8)
The outdoor operations shall be confined to an area that is surfaced with bituminous asphalt, concrete pavement or brick pavers.
(9)
Shall not block, hinder, restrict, or render unusable any required parking spaces or fire lanes.
(10)
The outdoor operations shall not be permitted in the actual front yard.
(11)
Shall be inspected annually, or more frequently as deemed necessary, by the city to ensure code compliance.
(12)
No business related vehicles or equipment shall be parked or stored outside so that they are visible from any public right-of-way or property line.
(13)
No salvage or recycling materials within the outdoor enclosure shall be visible over the height of the enclosure screening.
(14)
Only vehicles and equipment directly associated with the operations may be stored or parked on the property.
(15)
Shall be located on property that is contiguous to a railroad right-of-way.
(16)
Shall be located on property a minimum of three (3) acres in area.
(17)
Shall not sell new or used vehicles, equipment or machinery from the property.
(18)
Only metal materials shall be salvaged or recycled, except other ancillary materials such as, but not limited to, batteries, glass, fluids, plastics and tires derived directly from the scrap metal materials being salvaged or recycled.
(H)
Medical marijuana cultivation centers and dispensaries.
(1)
The facilities shall comply with all applicable State Statutes and Regulations (410 ILCS 130/) as amended.
(2)
The separation buffer, as required in the State Statutes, of these facilities from uses deemed incompatible shall be measured by following a straight line, without regard to intervening structures, from the property line or zoning lot boundary of the incompatible use. If the separation buffer crosses through or over any property or portion of a property thereof to be considered for one (1) of these facilities then said property shall be automatically excluded from consideration.
(I)
Construction and demolition debris recycling.
(1)
Shall be located on a lot having a minimum lot area of three (3) acres.
(2)
Shall be located in a zoning district having a minimum district area of three (3) acres.
(3)
Shall be located on a lot that is contiguous to both a railroad right-of-way and property that is zoned Airport District.
(Ord. No. 2733, § 20, 4-4-94; Ord. No. 4123, § 7, 9-22-98: Ord. No. 4241, § 1, 11-5-2000; Ord. No. 03-O-0040, § 21, 6-16-2003; Ord. No. 04-O-0055, § 5, 6-21-2004; Ord. No. 05-O-0067, § 6, 9-19-2005; Ord. No. 09-O-0017, § 2, 3-16-2009; Ord. No. 14-O-0008, § 3, 6-16-2014; Ord. No. 15-O-0018, § 1, 5-18-2015)
Editor's note— Ord. No. 15-O-0018, § 1, adopted May 18, 2015, set out provisions adding subsection 11.2-1(H). To avoid subsection duplication, and at the editor's discretion, said provisions have been included as subsection 11.2-1(I), as set out herein.
(A)
Minimum lot size: None.
(B)
Minimum lot width: One hundred (100) feet at the established building line.
(C)
Minimum setbacks:
(1)
Front yard: Forty (40) feet for buildings and other structures, except parking areas, and twenty (20) feet for parking areas. A twenty (20) foot landscape yard shall be provided along the front lot line, with landscaping in accordance with the provisions of sections 14.4 through 14.8 hereof.
(2)
Side yard: Twenty (20) feet for buildings and other structures, except parking areas, and fifteen (15) feet for parking areas, provided, however, that where two (2) adjacent uses share a common driveway, the parking setback shall be not less than eleven (11) feet.
(3)
Corner side yard: Forty (40) feet for buildings and other structures, except for parking areas, and twenty (20) feet for parking areas. A twenty (20) foot landscape yard shall be provided along the corner side lot line, with landscaping in accordance with the provisions of sections 14.4 through 14.8 hereof.
(4)
Rear yard: Twenty (20) feet for buildings and other structures, except parking areas, and fifteen (15) feet for parking areas. A fifteen (15) foot landscape yard shall be provided along the rear lot line.
[(5)
Reserved.]
(6)
Transitional yards: Where a lot line in the manufacturing district is adjacent to a lot line in another zoning district, or abuts a right-of-way that serves as a boundary between the manufacturing district and another zoning district, there shall be a setback for all buildings and other structures, except driveways, of not less than one hundred (100) feet if the other zoning district is a residence district, and not less than sixty (60) feet if the other zoning district is a business district. A landscape yard shall be provided along said lot line or lot lines, with landscaping in accordance with the provisions of sections 14.4 through 14.8 hereof.
(D)
Floor area ratio: Not to exceed 1.5.
(E)
Maximum structure height: Seventy-five (75) feet.
(Ord. No. 4241, § 2, 11-5-99; Ord. No. 03-O-0074, § 4, 10-6-2003; Ord. No. 05-O-0067, § 4, 9-19-2005)
(A)
Abrasive manufacture.
(B)
Apparel and other products manufactured from textile.
(C)
Assembly, production, processing, wholesaling or warehousing, or manufacturing of any commodity from semifinished (other than raw) materials, provided explosives or livestock are not involved.
(D)
Bakeries (nonretail).
(E)
Bedding manufacture.
(F)
Bicycle manufacture.
(G)
Boot and shoe manufacture.
(H)
Bottling companies.
(I)
Furniture manufacture.
(J)
Carpet and rug cleaning.
(K)
Cleaning, pressing and dying plants.
(L)
Cold storage plants.
(M)
Dairy products processing.
(N)
Dry cleaning establishments and laundries employing more than ten (10) employees.
(O)
Electronic and scientific precision instruments manufacture.
(P)
Food storage and manufacture, packaging and processing.
(Q)
Glass products production and sales.
(R)
Ice plants.
(S)
Medical and dental clinics.
(T)
Metal stamping, polishing and plating.
(U)
Paper products manufacture.
(V)
Plastics processing.
(W)
Above ground service facilities.
(X)
Printing and publishing.
(Y)
Radio and television stations and studios.
(Z)
Research and development facilities or parks, provided explosives or livestock are not involved.
(AA)
Warehousing and distribution.
(BB)
Adult business uses, subject to the following restrictions:
(1)
Restrictions on the location of adult business uses. No adult business use shall be maintained:
(a)
Within one thousand (1,000) feet of the property line of another adult business use;
(b)
Within one thousand (1,000) feet of any of the following zoning district as provided for under this ordinance: ER-1, ER-2, R-1, R-2, R-3, R-4, R-5 and R-6;
(c)
Within one thousand (1,000) feet of a zoned residential district lying within another municipality or within unincorporated portions of any county; or
(d)
Within one thousand (1,000) feet of any educational institution that serves minors; day car center; cemetery, public park; forest preserve; historic district; public library; residential dwelling; or place of religious worship.
(e)
Within the same building or structure, or on the same lot, as another adult business use.
The distances provided for in this subsection shall be measured by following a straight line, without regard to intervening structures, from a point on the property line upon which the proposed adult business use is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(2)
Restrictions on the operation of adult business uses. No adult business use shall be conducted in a manner that permits the observation of any material depicting, describing or relating to any specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right-of-way or property line.
(CC)
Employment staffing agency, with no temporary employees reporting routinely to agency to obtain a job order or to collect compensation.
(DD)
Offices.
(EE)
Nurseries.
(FF)
Contractor's offices with no outside storage.
(GG)
Massage establishments.
(HH)
Personal training and group exercise facility.
(II)
Retail sales ancillary to a permitted or special manufacturing use.
(JJ)
Storage and distribution of flammable liquids, fats or oils.
(KK)
Computer and data processing facilities.
(LL)
Daycare facility.
(Ord. No. 4138, § 2, 12-21-98; Ord. No. 4241, § 3, 11-5-99; Ord. No. 02-O-0062, § 1, 5-6-2002; Ord. No. 03-O-0040, §§ 17, 23, 6-16-2003; Ord. No. 03-O-0074, §§ 5, 6, 10-6-2003; Ord. No. 05-O-0067, §§ 2, 13, 9-19-2005; Ord. No. 07-O-0024, § 18, 3-19-2007; Ord. No. 08-O-0010, § 11, 2-18-2008; Ord. No. 13-O-0027, § 4, 8-19-2013; Ord. No. 18-O-0031, § 9, 6-18-2018; Ord. No. 24-O-0001, § 1, 1-15-2024; Ord. No. 24-O-0042 § 1, 11-18-2024; Ord. No. 24-O-0052, § 4, 12-16-2024)
Editor's note— Ord. No. 24-O-0052, § 4, adopted Dec. 16, 2024, amended § 11.2-3 to include new provisions designated (JJ). Inasmuch as there already exists subsections (JJ) and (KK), said provisions were redesignated as (LL) to avoid duplication of numbers.
(A)
Alternative electric suppliers unless ancillary to a permitted or special manufacturing use.
(B)
Asphaltic and concrete plants.
(C)
Motor vehicle repair shops.
(D)
Motor vehicle service stations.
(E)
Motor vehicle body shops.
(F)
Building material sales with outside storage.
(G)
Cartage and express facilities and freight terminals, including air, motor and railroad.
(H)
Chemical processing and manufacture.
(I)
Cogeneration facilities unless ancillary to a permitted or special manufacturing use.
(J)
Contractors equipment sales and leasing.
(K)
Dwelling units for watchmen's quarters.
(L)
Employment staffing agency, with any temporary employees reporting to agency to obtain a job order or to collect compensation.
(M)
Fuel storage, sales and manufacturing, excluding public utilities.
(N)
Governmental agency laboratories for the testing of radioactive materials from the City of West Chicago or the surrounding portions of the County of Du Page, over which the Illinois Department of Nuclear Safety, Illinois Environmental Protection Agency, United States Nuclear Regulatory Commission and/or the United States Environmental Protection Agency have jurisdiction, provided that such laboratories comply with all applicable laws, ordinances, codes, rules and regulations in their construction, use, operation and maintenance.
(O)
Hotels.
(P)
Kennels and animal hospitals and clinics.
(Q)
Landscape waste transfer stations, provided, however, that in addition to the requirements of section 5.4-6 of the zoning ordinance, an applicant for a landscape waste transfer station special use permit shall demonstrate that the proposed use shall comply with all applicable local, state and federal statutes, ordinances, codes, rules and regulations, including, but not limited to, all applicable local, state and federal requirements relating to location, siting and design, licenses, permits and/or other governmental approvals and/or review.
(R)
Reserved.
(S)
Moving and storage facilities.
(T)
Outside activity or storage ancillary to a permitted or special use.
(U)
Planned unit developments on units of land not less than twenty (20) acres.
(V)
Reserved.
(W)
Self service storage facilities.
(X)
Reserved.
(Y)
Trade schools and adult educational facilities.
(Z)
Crematoriums, including those with facilities for conducting funeral services as accessory to the principal use. The space devoted to funeral services shall be less than that devoted to cremation.
(AA)
Utility substations.
(BB)
Salvage and recycling facilities.
(CC)
Reserved.
(DD)
Motor vehicle sales, internet based.
(EE)
Medical marijuana cultivation centers and dispensaries.
(FF)
Construction and demolition debris recycling.
(GG)
Motor vehicle care centers.
(Ord. No. 2762, § 1, 5-2-94; Ord. No. 2965, § 1, 2-5-96; Ord. No. 4241, §§ 4, 5, 11-5-99; Ord. No. 4363, § 1, 10-16-2000; Ord. No. 01-O-0118, § 6, 1-7-2002; Ord. No. 02-O-0084, § 15, 6-17-2002; Ord. No. 02-O-0117, § 1, 10-7-2002; Ord. No. 03-O-0040, §§ 18, 22, 24, 6-16-2003; Ord. No. 03-O-0074, §§ 7, 8, 10-6-2003; Ord. No. 04-O-0055, § 6, 6-21-2004; Ord. No. 05-O-0067, § 3, 9-19-2005; Ord. No. 07-O-0024, §§ 19, 20, 3-19-2007; Ord. No. 09-O-0017, § 3, 3-16-2009; Ord. No. 10-O-0093, § 2, 10-18-2010; Ord. No. 14-O-0008, § 4, 6-16-2014; Ord. No. 15-O-0018, § 2, 5-18-2015; Ord. No. 18-O-0031, §§ 7, 8, 10, 6-18-2018; Ord. No. 24-O-0001, § 2, 1-15-2024)
(A)
The city hereby adopts by reference the following studies and case law decisions, including the specific studies and findings contained therein, as to the negative secondary effects resulting from the location and concentration of adult business uses within a municipality:
(1)
St. Paul Division of Planning at the Minnesota Crime Control Planning Board 1978 study of relationships between sexually-oriented and alcohol-oriented adult entertainment business;
(2)
Minnesota Crime Prevention Center study on the effects of sex-oriented and alcohol-oriented adult entertainment upon property values and crime rates 1980;
(3)
Indianapolis Department of Metropolitan Development, Division of Planning 1983 study of sexually oriented businesses and property values;
(4)
Indianapolis Department of Metropolitan Development, Division of Planning 1984 "Adult Entertainment Business in Indianapolis";
(5)
Phoenix Planning Department 1979 "Relation of Criminal Activity and Adult Businesses";
(6)
Rochester/Olmsted Consolidated Planning Department and Office of the Rochester City Attorney 1988 "Adult Entertainment, Land Use and Legal Perspectives"; and,
(7)
Northend Cinema, Inc. v. City of Seattle (Supreme Court, Wash., 1978) 90 Wash. 2d 709, 585 P.2d 1153.
(B)
The city finds that the negative secondary effects associated with adult business uses, as adopted pursuant to subsection (A) above, are applicable to the location of adult business uses in the city and that the regulation of adult business uses is necessary to lessen said negative secondary effects including but not limited to lessening the following negative secondary effects:
(1)
There is a statistically significant correlation between the location of adult business uses and neighborhood deterioration.
(2)
That the location of an adult business use in a neighborhood has a negative impact on property value.
(3)
That the negative impact on property values increases when more than one (1) adult business use is located within a given area.
(4)
That the effect of adult business uses on the crime rate is positive and significant.
(5)
That there is a significantly higher crime rate associated with two (2) adult businesses located in a given area than is associated with only one adult business use in a given area.
(6)
That adult business uses should be located in areas of the city which are not in close proximity to residential uses, schools and other retail business uses as well as areas frequented by minors.
(7)
That residents of the city and persons who are nonresidents but use the city for shopping and other needs will move from the city or shop elsewhere if adult business uses are allowed to locate in close proximity to residential dwellings, schools or other retail business uses.
(8)
That the location of adult business uses in a given area creates the perception in the city that such area is an unsafe and undesirable part of the city.
Therefore, adult business uses should be separated from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself. The reasonable regulation of the location of adult business uses will provide for the protection of the image of the city and its property values, and protect the residents of the city from the negative secondary effects of such business uses, while providing to those who desire to patronize adult business uses such an opportunity in areas of the city which are appropriate for location of adult business uses.
(Ord. No. 4138, § 3, 12-21-98)
Any adult business use which lawfully existed on December 31, 1998, and which became nonconforming by reason of the adoption of the amendments to this chapter pertaining to adult business uses shall be considered a nonconforming adult business use and amortized as hereinafter provided. On or before December 31, 1999, all nonconforming adult business uses shall be amortized and eliminated. Thereafter, it shall be unlawful for any nonconforming adult business use to continue the use of or occupy any building except in full compliance with the provisions of this ordinance.
(Ord. No. 4138, § 4, 12-21-98)
Any use established in the manufacturing district which involves the manufacture, production, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods or products shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, radiation, or glare or heat; and no use already established on the effective date of this ordinance shall be so altered or modified as to conflict with, or further conflict with, applicable performance standards for the manufacturing district.
A.
Noise. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as outlined in the latest edition of theState of Illinois Noise Pollution Control Regulations, dated August 9, 1973, as amended.
B.
Vibration.
(1)
In the manufacturing district, no activity or operation shall cause or create earthborne vibrations in excess of the displacement values given below. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below:
Vibration displacements shall be measured with an instrument or complement of instruments capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum vector shall be less than the vibration displacement permitted. For the purpose of this Section, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute shall be considered impact vibrations.
(2)
The maximum permitted displacements shall be determined by the following formula:
D = K ° f
D = Displacement in inches
K = A constant to be determined by reference to the following tables
f = The frequency of the vibration transmitted through the ground expressed in cycles per second
(3)
The maximum earth displacement permitted at the points described below shall be determined by use of the formula in the proceeding division (D)(2)(b) and the appropriate K constant shown in Table 1.
Table 1:
Values of K to be used in Vibration Formula:
Location K
In any neighboring lot:
Steady state 0.008
Impulsive 0.015
Less than 8 pulses per 24 hour period 0.037
In any residence district:
Steady state 0.003
Impulsive 0.006
Less than 8 pulses per 24 hour period 0.015
C.
Smoke and particulate matter. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the latest edition of the standards adopted by the state Air Pollution Control Board, dated April 14, 1972, as amended, entitled State of Illinois Air Pollution Control Regulations.
D.
Toxic matter. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the latest edition of the standards adopted by the state Air Pollution Control Board.
E.
Odorous matter. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the latest edition of the standards adopted by the state Air Pollution Control Board, dated April 14, 1972, as amended, entitled State of Illinois Air Pollution Control Regulations.
F.
Fire and explosion hazards.
(1)
Flammable or detonable materials:
(a)
In the manufacturing district, the storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted, provided that all city building codes and fire prevention codes are complied with.
(b)
In the manufacturing district, the storage, utilization, or manufacture of solid materials or products ranging from free to active burning to intense burning is permitted, provided that all city building codes and fire prevention codes are complied with.
G.
Radiation hazards.
(1)
Release outside property lines: in the manufacturing district, the release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the latest edition of the rules and regulations as set forth from time to time by the state, as published in Rules and Regulations for Prevention of Radiation Hazards, adopted April 18, 1961, as amended.
(2)
Unsealed radioactive materials: in the manufacturing district, unsealed radioactive materials shall not be manufactured, utilized, or stored except when such materials are stored in a fireproof and radiation proof container at or below ground level.
H.
Water pollution. Each land use must conform to the latest edition of the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as published in the pamphlet entitled Water Pollution Regulations of Illinois, dated March 7, 1972, as amended.
(Ord. No. 05-O-0067, § 15, 9-19-2005)
The purpose of the ORI district is to provide an environment suitable for research and development activities, engineering and testing activities, office complexes, and limited commercial and manufacturing uses. The requirements of this district are designed to permit and encourage orderly and attractive development which provides for a high proportion of open space and is comparable with any adjacent residential, commercial and airport development.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002)
(A)
All activities including business, service, research, product development, sales, storage, merchandise, display, testing and manufacturing operations, except off-street parking and loading, shall be conducted within completely enclosed buildings.
(B)
Warehousing or indoor storage or goods or material, beyond that normally incidental to the permitted uses of the ORI district, shall be prohibited.
(C)
No use is permitted which would be or would create a nuisance due to excessive noise, smoke, vibration, odor, glare or light.
(D)
Accessory buildings shall not be located in any required yard.
(E)
All areas on a zoning lot not occupied by structures, pavement or similar improvements shall be landscaped.
(F)
Off-street loading facilities must be located such that they shall not face either a collector or arterial street.
(G)
Crematoriums.
(1)
No crematorium shall be maintained within six hundred fifty (650) feet of:
(a)
Any residential district and any lot or parcel upon which one (1) or more residences are the primary use at the time of initial application for a special use permit for a crematorium.
(b)
Any school or public playground, park, or recreational area.
This six hundred fifty (650) foot distance shall be measured as a straight line, without regard to intervening structures, from a point on the property line upon which the proposed crematorium is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(2)
No loading doors shall be visible from any public right-of-way or from any of the uses from which the facility is to maintain a separation distance per section (1) above.
(3)
All business vehicles associated with the facility shall not be visible from any public right-of-way.
(4)
Must comply with all applicable state and federal laws and regulations.
(H)
Banks and financial institutions.
(1)
Shall consist of a minimum leasable floor area of six thousand five hundred (6,500) square feet if located in a stand alone building.
(2)
Shall consist of a minimum leasable floor area of three thousand five hundred (3,500) square feet if located in a multi-tenant office building.
(3)
Shall not be permitted in a multi-tenant retail building.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 02-O-0084, § 6, 6-17-2002; Ord. No. 04-O-0055, § 5, 6-21-2004; Ord. No. 09-O-0047, § 10, 8-17-2009)
Every building erected in the ORI District shall conform to the requirements indicated below:
(A)
Minimum lot area: 20,000 square feet
(B)
Minimum lot width: One hundred (100) feet at the established building line.
(C)
Minimum setbacks:
(1)
Front yard: Thirty (30) feet for buildings and structures. A twenty (20) foot landscape yard shall be provided along the front lot line, with landscaping in accordance with the provisions of Sections 14.4 through 14.8 hereof. These yards shall be increased by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(2)
Corner side yard: Thirty (30) feet for buildings and structures. A twenty-foot landscape yard shall be provided along the corner side lot line, with landscaping in accordance with the provisions of Sections 14.4 through 14.8 hereof. These yards shall be increased by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(3)
Side yard: Fifteen (15) feet for buildings and structures. A ten-foot landscape yard shall be provided along the side lot line in accordance with the provisions of Section 14.4 through 14.8 hereof. These yards shall be increased in depth by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(4)
Rear yard: Fifteen (15) feet for buildings and structures. A ten-foot landscape yard shall be provided along the rear lot line in accordance with the provisions of Section 14.4 through 14.8 hereof. These yards shall be increased in depth by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(D)
Floor area ratio: The floor area ratio shall not exceed 0.6, except for hotels and motels, which may have a floor area ratio of 1.0.
(E)
Maximum structure height: Four (4) stories or fifty (50) feet, whichever is less, except for hotels and motels, which may be sixty (60) feet or five (5) stories, whichever is less.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 05-O-0067, § 5, 9-19-2005)
Provided that all the use restrictions of this district are observed, the following uses are permitted:
(A)
Accessory retail sales operations.
(B)
Auditoriums and meeting rooms.
[(C)
Reserved.]
(D)
Business, professional and medical offices.
(E)
Computer and data processing centers.
(F)
Cultural facilities.
(G)
Electronic and communications industries.
(H)
Employment staffing agency, with no temporary employees reporting routinely to agency to obtain a job order or to collect compensation.
(I)
Engineering and testing laboratories and offices.
(J)
Laboratories, offices and other facilities for research and development.
(K)
Medical and dental clinics.
(L)
Government facilities.
(M)
Pharmaceutical industries.
(N)
Places of assembly.
(O)
Places of worship.
(P)
Production of prototype products.
(Q)
Radio and television broadcasting studios.
(R)
Showroom space.
(S)
Veterinary clinics.
(T)
Printing and publishing facilities less than twenty thousand (20,000) square feet.
(U)
Telemarketing centers less than twenty thousand (20,000) square feet.
(V)
Warehousing ancillary to permitted and other special uses and comprising not more that thirty-three (33) percent of a building's floor area.
(W)
Light manufacturing, occupying a space that does not exceed ten thousand (10,000) square feet.
(X)
Massage establishments that are associated with a medical facility, physician's office, health care facility or full service health and beauty salon.
(Y)
Offices.
(Z)
Above ground service facilities.
(AA)
Personal training and group exercise facility.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 02-O-0084, § 7, 6-17-2002; Ord. No. 03-O-0040, § 19, 6-16-2003; Ord. No. 03-O-0115, § 5, 12-15-2003; Ord. No. 05-O-0067, § 14, 9-19-2005; Ord. No. 05-O-0078, § 9, 10-17-2005; Ord. No. 07-O-0024, § 21, 3-19-2007; Ord. No. 09-O-0047, § 11, 8-17-2009; Ord. No. 13-O-0027, § 5, 8-19-2013)
(A)
Governmental agency laboratories for the testing of radioactive materials from the City of West Chicago or the surrounding portions of the County of DuPage, over which the Illinois Department of Nuclear Safety, Illinois Environmental Protection Agency, United States Nuclear Regulatory Commission and/or the United States Environmental Protection Agency have jurisdiction, provided that such laboratories comply with all applicable laws, ordinances, codes, rules and regulations in their construction, use, operation and maintenance.
(B)
Health clubs.
(C)
Hotels and motels.
(D)
Nursery schools and day care facilities.
(E)
Planned unit developments.
(F)
Printing and publishing facilities.
(G)
Restaurants.
(H)
Schools, commercial or trade, including those teaching music, dance, business, commercial or technical subjects.
(I)
Services or commercial uses intended primarily to service the immediate convenience needs of persons employed in the area, including stationary and office supply stores, restaurants (but not drive-in facilities) and similar uses.
(J)
Telemarketing centers.
(K)
Uses ancillary to permitted and other special uses.
(L)
Light manufacturing, occupying a space of more than ten thousand (10,000) square feet.
(M)
Warehousing ancillary to permitted and other special uses and comprising between thirty-three (33) and fifty (50) percent of a building's floor area.
(N)
Reserved.
(O)
Banks and financial institutions.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 02-O-0084, § 8, 6-17-2002; Ord. No. 03-O-0115, § 6, 12-15-2003; Ord. No. 05-O-0031, § 2, 5-2-2005; Ord. No. 09-O-0047, § 12, 8-17-2009; Ord. No. 16-O-0036, § 1, 10-17-2016)
Editor's note— Ord. No. 02-O-0004, § 1(Exh. B), adopted Feb. 4, 2002, deleted App. A, §§ 11.3—11.3-5.12.1, and enacted a new App. A, §§ 11.3—11.3-4, as set out herein. The former App. A, §§ 11.3—11.3-5.12.1, pertained to similar subject matter and derived from Ord. No. 2733, § 22, adopted Apr. 4, 1994; and Ord. No. 4123, § 8, adopted Sept. 12, 1998.
MANUFACTURING
The intent is to establish two (2) distinctly separate manufacturing classification within the city. This designation shall be:
(1)
M-Manufacturing District.
(2)
ORI-Office, Research and Light Industrial District.
(Ord. No. 2733, § 21, 4-4-94)
To provide areas within the community of manufacturing facilities, research facilities, research park, warehouses and wholesale manufacturing. It is intended that this particular district will generally provide for manufacturing of an assembly nature from finished goods, warehousing and wholesale activities. Supportive services for manufacturing are generally of a non-retail or personal service character and should be encouraged to locate in this district.
All permitted uses are subject to the following conditions:
(A)
Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in the City's Code of Ordinances.
(B)
All business, production, servicing, processing and storage shall take place within completely enclosed buildings, unless approved by a special use permit for outside storage, pursuant to sections 11.2-1(C) and 11.2-4(T).
(C)
Outside storage:
(1)
All outside storage must be confined to an area that is surfaced with bituminous or concrete pavement or brick pavers.
(2)
All outside storage must be enclosed by a material that provides a solid screen so that no stored materials, other than vehicles, are visible from the property boundary. Such material shall consist of:
a.
A fence that shall be no shorter than six (6) feet nor taller than ten (10) feet; or
b.
Landscaping consisting of evergreen trees and/or evergreen shrubs planted to grow so as to accomplish such screening within one (1) year of planting; or a combination of "a" and "b"
(3)
No outside storage shall block, hinder, restrict, or render unusable any required parking spaces or fire lanes.
(4)
No outside storage is permitted in the actual front yard.
(D)
Accessory buildings shall not be located in any required yard.
(E)
Only one (1) principal building may be erected on any one (1) lot.
(F)
Crematoriums.
(1)
No crematorium shall be maintained within six hundred fifty (650) feet of:
(a)
Any residential district and any lot or parcel upon which one (1) or more residences are the primary use at the time of initial application for a special use permit for a crematorium
(b)
Any school or public playground, park, or recreational area
This six hundred fifty (650) foot distance shall be measured as a straight line, without regard to intervening structures, from a point on the property line upon which the proposed crematorium is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(2)
No loading doors shall be visible from any public right-of-way or from any of the uses from which the facility is to maintain a separation distance per section (1) above.
(3)
All business vehicles associated with the facility shall not be visible from any public right-of-way.
(4)
Must comply with all applicable state and federal laws and regulations.
(G)
Salvage and recycling facilities. The distances provided for in this subsection shall be measured by following a straight line, without regard to intervening structures, from a point on the property line upon which the proposed salvage and recycling facility is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(1)
Shall not be located within one thousand (1,000) feet of the property line of another salvage and recycling facility.
(2)
Shall not be located within four hundred (400) feet of any of the following zoning districts as provided for under this ordinance: ER-1, ER-2, R-1, R-2, R-3, R-4, R-5, R-6, B-1, B-2, B-3, A and ORI.
(3)
Shall not be located within four hundred (400) feet of a zoned residential or commercial district lying within another municipality or within unincorporated portions of any county.
(4)
Shall not be located within four hundred (400) feet of any educational institution that serves minors, day care center, cemetery, public park, forest preserve, historic district, public library, residential dwelling, place of religious worship, or other similar government agency operated facility.
(5)
Shall not be located within the same building or structure, or on the same lot, as another salvage and recycling facility.
(6)
Shall not be operated in a manner that permits the observation of the outdoor operations to be visible from any public right-of-way or property line.
(7)
Shall be fully enclosed by a solid screen fence so that none of the outdoor operations are visible. Landscaping consisting of deciduous and/or evergreen trees and shrubs shall also planted to enhance the aesthetics of the screening requirements.
(8)
The outdoor operations shall be confined to an area that is surfaced with bituminous asphalt, concrete pavement or brick pavers.
(9)
Shall not block, hinder, restrict, or render unusable any required parking spaces or fire lanes.
(10)
The outdoor operations shall not be permitted in the actual front yard.
(11)
Shall be inspected annually, or more frequently as deemed necessary, by the city to ensure code compliance.
(12)
No business related vehicles or equipment shall be parked or stored outside so that they are visible from any public right-of-way or property line.
(13)
No salvage or recycling materials within the outdoor enclosure shall be visible over the height of the enclosure screening.
(14)
Only vehicles and equipment directly associated with the operations may be stored or parked on the property.
(15)
Shall be located on property that is contiguous to a railroad right-of-way.
(16)
Shall be located on property a minimum of three (3) acres in area.
(17)
Shall not sell new or used vehicles, equipment or machinery from the property.
(18)
Only metal materials shall be salvaged or recycled, except other ancillary materials such as, but not limited to, batteries, glass, fluids, plastics and tires derived directly from the scrap metal materials being salvaged or recycled.
(H)
Medical marijuana cultivation centers and dispensaries.
(1)
The facilities shall comply with all applicable State Statutes and Regulations (410 ILCS 130/) as amended.
(2)
The separation buffer, as required in the State Statutes, of these facilities from uses deemed incompatible shall be measured by following a straight line, without regard to intervening structures, from the property line or zoning lot boundary of the incompatible use. If the separation buffer crosses through or over any property or portion of a property thereof to be considered for one (1) of these facilities then said property shall be automatically excluded from consideration.
(I)
Construction and demolition debris recycling.
(1)
Shall be located on a lot having a minimum lot area of three (3) acres.
(2)
Shall be located in a zoning district having a minimum district area of three (3) acres.
(3)
Shall be located on a lot that is contiguous to both a railroad right-of-way and property that is zoned Airport District.
(Ord. No. 2733, § 20, 4-4-94; Ord. No. 4123, § 7, 9-22-98: Ord. No. 4241, § 1, 11-5-2000; Ord. No. 03-O-0040, § 21, 6-16-2003; Ord. No. 04-O-0055, § 5, 6-21-2004; Ord. No. 05-O-0067, § 6, 9-19-2005; Ord. No. 09-O-0017, § 2, 3-16-2009; Ord. No. 14-O-0008, § 3, 6-16-2014; Ord. No. 15-O-0018, § 1, 5-18-2015)
Editor's note— Ord. No. 15-O-0018, § 1, adopted May 18, 2015, set out provisions adding subsection 11.2-1(H). To avoid subsection duplication, and at the editor's discretion, said provisions have been included as subsection 11.2-1(I), as set out herein.
(A)
Minimum lot size: None.
(B)
Minimum lot width: One hundred (100) feet at the established building line.
(C)
Minimum setbacks:
(1)
Front yard: Forty (40) feet for buildings and other structures, except parking areas, and twenty (20) feet for parking areas. A twenty (20) foot landscape yard shall be provided along the front lot line, with landscaping in accordance with the provisions of sections 14.4 through 14.8 hereof.
(2)
Side yard: Twenty (20) feet for buildings and other structures, except parking areas, and fifteen (15) feet for parking areas, provided, however, that where two (2) adjacent uses share a common driveway, the parking setback shall be not less than eleven (11) feet.
(3)
Corner side yard: Forty (40) feet for buildings and other structures, except for parking areas, and twenty (20) feet for parking areas. A twenty (20) foot landscape yard shall be provided along the corner side lot line, with landscaping in accordance with the provisions of sections 14.4 through 14.8 hereof.
(4)
Rear yard: Twenty (20) feet for buildings and other structures, except parking areas, and fifteen (15) feet for parking areas. A fifteen (15) foot landscape yard shall be provided along the rear lot line.
[(5)
Reserved.]
(6)
Transitional yards: Where a lot line in the manufacturing district is adjacent to a lot line in another zoning district, or abuts a right-of-way that serves as a boundary between the manufacturing district and another zoning district, there shall be a setback for all buildings and other structures, except driveways, of not less than one hundred (100) feet if the other zoning district is a residence district, and not less than sixty (60) feet if the other zoning district is a business district. A landscape yard shall be provided along said lot line or lot lines, with landscaping in accordance with the provisions of sections 14.4 through 14.8 hereof.
(D)
Floor area ratio: Not to exceed 1.5.
(E)
Maximum structure height: Seventy-five (75) feet.
(Ord. No. 4241, § 2, 11-5-99; Ord. No. 03-O-0074, § 4, 10-6-2003; Ord. No. 05-O-0067, § 4, 9-19-2005)
(A)
Abrasive manufacture.
(B)
Apparel and other products manufactured from textile.
(C)
Assembly, production, processing, wholesaling or warehousing, or manufacturing of any commodity from semifinished (other than raw) materials, provided explosives or livestock are not involved.
(D)
Bakeries (nonretail).
(E)
Bedding manufacture.
(F)
Bicycle manufacture.
(G)
Boot and shoe manufacture.
(H)
Bottling companies.
(I)
Furniture manufacture.
(J)
Carpet and rug cleaning.
(K)
Cleaning, pressing and dying plants.
(L)
Cold storage plants.
(M)
Dairy products processing.
(N)
Dry cleaning establishments and laundries employing more than ten (10) employees.
(O)
Electronic and scientific precision instruments manufacture.
(P)
Food storage and manufacture, packaging and processing.
(Q)
Glass products production and sales.
(R)
Ice plants.
(S)
Medical and dental clinics.
(T)
Metal stamping, polishing and plating.
(U)
Paper products manufacture.
(V)
Plastics processing.
(W)
Above ground service facilities.
(X)
Printing and publishing.
(Y)
Radio and television stations and studios.
(Z)
Research and development facilities or parks, provided explosives or livestock are not involved.
(AA)
Warehousing and distribution.
(BB)
Adult business uses, subject to the following restrictions:
(1)
Restrictions on the location of adult business uses. No adult business use shall be maintained:
(a)
Within one thousand (1,000) feet of the property line of another adult business use;
(b)
Within one thousand (1,000) feet of any of the following zoning district as provided for under this ordinance: ER-1, ER-2, R-1, R-2, R-3, R-4, R-5 and R-6;
(c)
Within one thousand (1,000) feet of a zoned residential district lying within another municipality or within unincorporated portions of any county; or
(d)
Within one thousand (1,000) feet of any educational institution that serves minors; day car center; cemetery, public park; forest preserve; historic district; public library; residential dwelling; or place of religious worship.
(e)
Within the same building or structure, or on the same lot, as another adult business use.
The distances provided for in this subsection shall be measured by following a straight line, without regard to intervening structures, from a point on the property line upon which the proposed adult business use is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(2)
Restrictions on the operation of adult business uses. No adult business use shall be conducted in a manner that permits the observation of any material depicting, describing or relating to any specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right-of-way or property line.
(CC)
Employment staffing agency, with no temporary employees reporting routinely to agency to obtain a job order or to collect compensation.
(DD)
Offices.
(EE)
Nurseries.
(FF)
Contractor's offices with no outside storage.
(GG)
Massage establishments.
(HH)
Personal training and group exercise facility.
(II)
Retail sales ancillary to a permitted or special manufacturing use.
(JJ)
Storage and distribution of flammable liquids, fats or oils.
(KK)
Computer and data processing facilities.
(LL)
Daycare facility.
(Ord. No. 4138, § 2, 12-21-98; Ord. No. 4241, § 3, 11-5-99; Ord. No. 02-O-0062, § 1, 5-6-2002; Ord. No. 03-O-0040, §§ 17, 23, 6-16-2003; Ord. No. 03-O-0074, §§ 5, 6, 10-6-2003; Ord. No. 05-O-0067, §§ 2, 13, 9-19-2005; Ord. No. 07-O-0024, § 18, 3-19-2007; Ord. No. 08-O-0010, § 11, 2-18-2008; Ord. No. 13-O-0027, § 4, 8-19-2013; Ord. No. 18-O-0031, § 9, 6-18-2018; Ord. No. 24-O-0001, § 1, 1-15-2024; Ord. No. 24-O-0042 § 1, 11-18-2024; Ord. No. 24-O-0052, § 4, 12-16-2024)
Editor's note— Ord. No. 24-O-0052, § 4, adopted Dec. 16, 2024, amended § 11.2-3 to include new provisions designated (JJ). Inasmuch as there already exists subsections (JJ) and (KK), said provisions were redesignated as (LL) to avoid duplication of numbers.
(A)
Alternative electric suppliers unless ancillary to a permitted or special manufacturing use.
(B)
Asphaltic and concrete plants.
(C)
Motor vehicle repair shops.
(D)
Motor vehicle service stations.
(E)
Motor vehicle body shops.
(F)
Building material sales with outside storage.
(G)
Cartage and express facilities and freight terminals, including air, motor and railroad.
(H)
Chemical processing and manufacture.
(I)
Cogeneration facilities unless ancillary to a permitted or special manufacturing use.
(J)
Contractors equipment sales and leasing.
(K)
Dwelling units for watchmen's quarters.
(L)
Employment staffing agency, with any temporary employees reporting to agency to obtain a job order or to collect compensation.
(M)
Fuel storage, sales and manufacturing, excluding public utilities.
(N)
Governmental agency laboratories for the testing of radioactive materials from the City of West Chicago or the surrounding portions of the County of Du Page, over which the Illinois Department of Nuclear Safety, Illinois Environmental Protection Agency, United States Nuclear Regulatory Commission and/or the United States Environmental Protection Agency have jurisdiction, provided that such laboratories comply with all applicable laws, ordinances, codes, rules and regulations in their construction, use, operation and maintenance.
(O)
Hotels.
(P)
Kennels and animal hospitals and clinics.
(Q)
Landscape waste transfer stations, provided, however, that in addition to the requirements of section 5.4-6 of the zoning ordinance, an applicant for a landscape waste transfer station special use permit shall demonstrate that the proposed use shall comply with all applicable local, state and federal statutes, ordinances, codes, rules and regulations, including, but not limited to, all applicable local, state and federal requirements relating to location, siting and design, licenses, permits and/or other governmental approvals and/or review.
(R)
Reserved.
(S)
Moving and storage facilities.
(T)
Outside activity or storage ancillary to a permitted or special use.
(U)
Planned unit developments on units of land not less than twenty (20) acres.
(V)
Reserved.
(W)
Self service storage facilities.
(X)
Reserved.
(Y)
Trade schools and adult educational facilities.
(Z)
Crematoriums, including those with facilities for conducting funeral services as accessory to the principal use. The space devoted to funeral services shall be less than that devoted to cremation.
(AA)
Utility substations.
(BB)
Salvage and recycling facilities.
(CC)
Reserved.
(DD)
Motor vehicle sales, internet based.
(EE)
Medical marijuana cultivation centers and dispensaries.
(FF)
Construction and demolition debris recycling.
(GG)
Motor vehicle care centers.
(Ord. No. 2762, § 1, 5-2-94; Ord. No. 2965, § 1, 2-5-96; Ord. No. 4241, §§ 4, 5, 11-5-99; Ord. No. 4363, § 1, 10-16-2000; Ord. No. 01-O-0118, § 6, 1-7-2002; Ord. No. 02-O-0084, § 15, 6-17-2002; Ord. No. 02-O-0117, § 1, 10-7-2002; Ord. No. 03-O-0040, §§ 18, 22, 24, 6-16-2003; Ord. No. 03-O-0074, §§ 7, 8, 10-6-2003; Ord. No. 04-O-0055, § 6, 6-21-2004; Ord. No. 05-O-0067, § 3, 9-19-2005; Ord. No. 07-O-0024, §§ 19, 20, 3-19-2007; Ord. No. 09-O-0017, § 3, 3-16-2009; Ord. No. 10-O-0093, § 2, 10-18-2010; Ord. No. 14-O-0008, § 4, 6-16-2014; Ord. No. 15-O-0018, § 2, 5-18-2015; Ord. No. 18-O-0031, §§ 7, 8, 10, 6-18-2018; Ord. No. 24-O-0001, § 2, 1-15-2024)
(A)
The city hereby adopts by reference the following studies and case law decisions, including the specific studies and findings contained therein, as to the negative secondary effects resulting from the location and concentration of adult business uses within a municipality:
(1)
St. Paul Division of Planning at the Minnesota Crime Control Planning Board 1978 study of relationships between sexually-oriented and alcohol-oriented adult entertainment business;
(2)
Minnesota Crime Prevention Center study on the effects of sex-oriented and alcohol-oriented adult entertainment upon property values and crime rates 1980;
(3)
Indianapolis Department of Metropolitan Development, Division of Planning 1983 study of sexually oriented businesses and property values;
(4)
Indianapolis Department of Metropolitan Development, Division of Planning 1984 "Adult Entertainment Business in Indianapolis";
(5)
Phoenix Planning Department 1979 "Relation of Criminal Activity and Adult Businesses";
(6)
Rochester/Olmsted Consolidated Planning Department and Office of the Rochester City Attorney 1988 "Adult Entertainment, Land Use and Legal Perspectives"; and,
(7)
Northend Cinema, Inc. v. City of Seattle (Supreme Court, Wash., 1978) 90 Wash. 2d 709, 585 P.2d 1153.
(B)
The city finds that the negative secondary effects associated with adult business uses, as adopted pursuant to subsection (A) above, are applicable to the location of adult business uses in the city and that the regulation of adult business uses is necessary to lessen said negative secondary effects including but not limited to lessening the following negative secondary effects:
(1)
There is a statistically significant correlation between the location of adult business uses and neighborhood deterioration.
(2)
That the location of an adult business use in a neighborhood has a negative impact on property value.
(3)
That the negative impact on property values increases when more than one (1) adult business use is located within a given area.
(4)
That the effect of adult business uses on the crime rate is positive and significant.
(5)
That there is a significantly higher crime rate associated with two (2) adult businesses located in a given area than is associated with only one adult business use in a given area.
(6)
That adult business uses should be located in areas of the city which are not in close proximity to residential uses, schools and other retail business uses as well as areas frequented by minors.
(7)
That residents of the city and persons who are nonresidents but use the city for shopping and other needs will move from the city or shop elsewhere if adult business uses are allowed to locate in close proximity to residential dwellings, schools or other retail business uses.
(8)
That the location of adult business uses in a given area creates the perception in the city that such area is an unsafe and undesirable part of the city.
Therefore, adult business uses should be separated from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself. The reasonable regulation of the location of adult business uses will provide for the protection of the image of the city and its property values, and protect the residents of the city from the negative secondary effects of such business uses, while providing to those who desire to patronize adult business uses such an opportunity in areas of the city which are appropriate for location of adult business uses.
(Ord. No. 4138, § 3, 12-21-98)
Any adult business use which lawfully existed on December 31, 1998, and which became nonconforming by reason of the adoption of the amendments to this chapter pertaining to adult business uses shall be considered a nonconforming adult business use and amortized as hereinafter provided. On or before December 31, 1999, all nonconforming adult business uses shall be amortized and eliminated. Thereafter, it shall be unlawful for any nonconforming adult business use to continue the use of or occupy any building except in full compliance with the provisions of this ordinance.
(Ord. No. 4138, § 4, 12-21-98)
Any use established in the manufacturing district which involves the manufacture, production, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods or products shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, radiation, or glare or heat; and no use already established on the effective date of this ordinance shall be so altered or modified as to conflict with, or further conflict with, applicable performance standards for the manufacturing district.
A.
Noise. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as outlined in the latest edition of theState of Illinois Noise Pollution Control Regulations, dated August 9, 1973, as amended.
B.
Vibration.
(1)
In the manufacturing district, no activity or operation shall cause or create earthborne vibrations in excess of the displacement values given below. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below:
Vibration displacements shall be measured with an instrument or complement of instruments capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum vector shall be less than the vibration displacement permitted. For the purpose of this Section, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute shall be considered impact vibrations.
(2)
The maximum permitted displacements shall be determined by the following formula:
D = K ° f
D = Displacement in inches
K = A constant to be determined by reference to the following tables
f = The frequency of the vibration transmitted through the ground expressed in cycles per second
(3)
The maximum earth displacement permitted at the points described below shall be determined by use of the formula in the proceeding division (D)(2)(b) and the appropriate K constant shown in Table 1.
Table 1:
Values of K to be used in Vibration Formula:
Location K
In any neighboring lot:
Steady state 0.008
Impulsive 0.015
Less than 8 pulses per 24 hour period 0.037
In any residence district:
Steady state 0.003
Impulsive 0.006
Less than 8 pulses per 24 hour period 0.015
C.
Smoke and particulate matter. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the latest edition of the standards adopted by the state Air Pollution Control Board, dated April 14, 1972, as amended, entitled State of Illinois Air Pollution Control Regulations.
D.
Toxic matter. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the latest edition of the standards adopted by the state Air Pollution Control Board.
E.
Odorous matter. Each land use must conform to the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the latest edition of the standards adopted by the state Air Pollution Control Board, dated April 14, 1972, as amended, entitled State of Illinois Air Pollution Control Regulations.
F.
Fire and explosion hazards.
(1)
Flammable or detonable materials:
(a)
In the manufacturing district, the storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted, provided that all city building codes and fire prevention codes are complied with.
(b)
In the manufacturing district, the storage, utilization, or manufacture of solid materials or products ranging from free to active burning to intense burning is permitted, provided that all city building codes and fire prevention codes are complied with.
G.
Radiation hazards.
(1)
Release outside property lines: in the manufacturing district, the release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the latest edition of the rules and regulations as set forth from time to time by the state, as published in Rules and Regulations for Prevention of Radiation Hazards, adopted April 18, 1961, as amended.
(2)
Unsealed radioactive materials: in the manufacturing district, unsealed radioactive materials shall not be manufactured, utilized, or stored except when such materials are stored in a fireproof and radiation proof container at or below ground level.
H.
Water pollution. Each land use must conform to the latest edition of the standards set forth from time to time by the state Environmental Protection Agency. Such standards shall include, but not be limited to, the requirements as published in the pamphlet entitled Water Pollution Regulations of Illinois, dated March 7, 1972, as amended.
(Ord. No. 05-O-0067, § 15, 9-19-2005)
The purpose of the ORI district is to provide an environment suitable for research and development activities, engineering and testing activities, office complexes, and limited commercial and manufacturing uses. The requirements of this district are designed to permit and encourage orderly and attractive development which provides for a high proportion of open space and is comparable with any adjacent residential, commercial and airport development.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002)
(A)
All activities including business, service, research, product development, sales, storage, merchandise, display, testing and manufacturing operations, except off-street parking and loading, shall be conducted within completely enclosed buildings.
(B)
Warehousing or indoor storage or goods or material, beyond that normally incidental to the permitted uses of the ORI district, shall be prohibited.
(C)
No use is permitted which would be or would create a nuisance due to excessive noise, smoke, vibration, odor, glare or light.
(D)
Accessory buildings shall not be located in any required yard.
(E)
All areas on a zoning lot not occupied by structures, pavement or similar improvements shall be landscaped.
(F)
Off-street loading facilities must be located such that they shall not face either a collector or arterial street.
(G)
Crematoriums.
(1)
No crematorium shall be maintained within six hundred fifty (650) feet of:
(a)
Any residential district and any lot or parcel upon which one (1) or more residences are the primary use at the time of initial application for a special use permit for a crematorium.
(b)
Any school or public playground, park, or recreational area.
This six hundred fifty (650) foot distance shall be measured as a straight line, without regard to intervening structures, from a point on the property line upon which the proposed crematorium is to be located that is nearest to the property or the land use district boundary line from which the proposed use is to be separated.
(2)
No loading doors shall be visible from any public right-of-way or from any of the uses from which the facility is to maintain a separation distance per section (1) above.
(3)
All business vehicles associated with the facility shall not be visible from any public right-of-way.
(4)
Must comply with all applicable state and federal laws and regulations.
(H)
Banks and financial institutions.
(1)
Shall consist of a minimum leasable floor area of six thousand five hundred (6,500) square feet if located in a stand alone building.
(2)
Shall consist of a minimum leasable floor area of three thousand five hundred (3,500) square feet if located in a multi-tenant office building.
(3)
Shall not be permitted in a multi-tenant retail building.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 02-O-0084, § 6, 6-17-2002; Ord. No. 04-O-0055, § 5, 6-21-2004; Ord. No. 09-O-0047, § 10, 8-17-2009)
Every building erected in the ORI District shall conform to the requirements indicated below:
(A)
Minimum lot area: 20,000 square feet
(B)
Minimum lot width: One hundred (100) feet at the established building line.
(C)
Minimum setbacks:
(1)
Front yard: Thirty (30) feet for buildings and structures. A twenty (20) foot landscape yard shall be provided along the front lot line, with landscaping in accordance with the provisions of Sections 14.4 through 14.8 hereof. These yards shall be increased by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(2)
Corner side yard: Thirty (30) feet for buildings and structures. A twenty-foot landscape yard shall be provided along the corner side lot line, with landscaping in accordance with the provisions of Sections 14.4 through 14.8 hereof. These yards shall be increased by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(3)
Side yard: Fifteen (15) feet for buildings and structures. A ten-foot landscape yard shall be provided along the side lot line in accordance with the provisions of Section 14.4 through 14.8 hereof. These yards shall be increased in depth by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(4)
Rear yard: Fifteen (15) feet for buildings and structures. A ten-foot landscape yard shall be provided along the rear lot line in accordance with the provisions of Section 14.4 through 14.8 hereof. These yards shall be increased in depth by one (1) foot for each one (1) foot in height by which any building on the lot exceeds thirty (30) feet.
(D)
Floor area ratio: The floor area ratio shall not exceed 0.6, except for hotels and motels, which may have a floor area ratio of 1.0.
(E)
Maximum structure height: Four (4) stories or fifty (50) feet, whichever is less, except for hotels and motels, which may be sixty (60) feet or five (5) stories, whichever is less.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 05-O-0067, § 5, 9-19-2005)
Provided that all the use restrictions of this district are observed, the following uses are permitted:
(A)
Accessory retail sales operations.
(B)
Auditoriums and meeting rooms.
[(C)
Reserved.]
(D)
Business, professional and medical offices.
(E)
Computer and data processing centers.
(F)
Cultural facilities.
(G)
Electronic and communications industries.
(H)
Employment staffing agency, with no temporary employees reporting routinely to agency to obtain a job order or to collect compensation.
(I)
Engineering and testing laboratories and offices.
(J)
Laboratories, offices and other facilities for research and development.
(K)
Medical and dental clinics.
(L)
Government facilities.
(M)
Pharmaceutical industries.
(N)
Places of assembly.
(O)
Places of worship.
(P)
Production of prototype products.
(Q)
Radio and television broadcasting studios.
(R)
Showroom space.
(S)
Veterinary clinics.
(T)
Printing and publishing facilities less than twenty thousand (20,000) square feet.
(U)
Telemarketing centers less than twenty thousand (20,000) square feet.
(V)
Warehousing ancillary to permitted and other special uses and comprising not more that thirty-three (33) percent of a building's floor area.
(W)
Light manufacturing, occupying a space that does not exceed ten thousand (10,000) square feet.
(X)
Massage establishments that are associated with a medical facility, physician's office, health care facility or full service health and beauty salon.
(Y)
Offices.
(Z)
Above ground service facilities.
(AA)
Personal training and group exercise facility.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 02-O-0084, § 7, 6-17-2002; Ord. No. 03-O-0040, § 19, 6-16-2003; Ord. No. 03-O-0115, § 5, 12-15-2003; Ord. No. 05-O-0067, § 14, 9-19-2005; Ord. No. 05-O-0078, § 9, 10-17-2005; Ord. No. 07-O-0024, § 21, 3-19-2007; Ord. No. 09-O-0047, § 11, 8-17-2009; Ord. No. 13-O-0027, § 5, 8-19-2013)
(A)
Governmental agency laboratories for the testing of radioactive materials from the City of West Chicago or the surrounding portions of the County of DuPage, over which the Illinois Department of Nuclear Safety, Illinois Environmental Protection Agency, United States Nuclear Regulatory Commission and/or the United States Environmental Protection Agency have jurisdiction, provided that such laboratories comply with all applicable laws, ordinances, codes, rules and regulations in their construction, use, operation and maintenance.
(B)
Health clubs.
(C)
Hotels and motels.
(D)
Nursery schools and day care facilities.
(E)
Planned unit developments.
(F)
Printing and publishing facilities.
(G)
Restaurants.
(H)
Schools, commercial or trade, including those teaching music, dance, business, commercial or technical subjects.
(I)
Services or commercial uses intended primarily to service the immediate convenience needs of persons employed in the area, including stationary and office supply stores, restaurants (but not drive-in facilities) and similar uses.
(J)
Telemarketing centers.
(K)
Uses ancillary to permitted and other special uses.
(L)
Light manufacturing, occupying a space of more than ten thousand (10,000) square feet.
(M)
Warehousing ancillary to permitted and other special uses and comprising between thirty-three (33) and fifty (50) percent of a building's floor area.
(N)
Reserved.
(O)
Banks and financial institutions.
(Ord. No. 02-O-0004, § 1(Exh. B), 2-4-2002; Ord. No. 02-O-0084, § 8, 6-17-2002; Ord. No. 03-O-0115, § 6, 12-15-2003; Ord. No. 05-O-0031, § 2, 5-2-2005; Ord. No. 09-O-0047, § 12, 8-17-2009; Ord. No. 16-O-0036, § 1, 10-17-2016)
Editor's note— Ord. No. 02-O-0004, § 1(Exh. B), adopted Feb. 4, 2002, deleted App. A, §§ 11.3—11.3-5.12.1, and enacted a new App. A, §§ 11.3—11.3-4, as set out herein. The former App. A, §§ 11.3—11.3-5.12.1, pertained to similar subject matter and derived from Ord. No. 2733, § 22, adopted Apr. 4, 1994; and Ord. No. 4123, § 8, adopted Sept. 12, 1998.