A.   Within Enclosed Buildings; Exceptions: All business, service, repair, processing, storage or merchandising display shall be conducted wholly within enclosed buildings, with the following exceptions:

      1.   In automotive service stations.

         a.   The sale of automotive fuels, lubricants and coolants.

         b.   The display of automotive tires within closable units especially constructed for the storage and display and not exceeding five hundred (500) cubic feet in total volume of all such units in any single station, provided that, where such closable units are located within six feet (6') of side or rear property lines, and where such units do not exceed seven feet (7') in height, or four feet (4') in depth, and where they are not less than twenty five feet (25') from any street, their volume shall not be so limited, provided further, that all such tire display units shall be of the same color and shall be maintained so as to remain free of rust, corrosion, decay and dirt.

         c.   The storage of not more than four (4) inoperable automobiles; provided that storage must be effectively screened from view from streets and surrounding properties. If such screening cannot be accomplished, the storage of inoperable vehicles will not be permitted.

      2.   The display and sale of nursery stock, garden and farm equipment, and outdoor furniture and recreation equipment.

      3.   Display for the purpose of sale or rental of new or used automobiles, trucks, motorcycles, trailers and boats; all in operable condition, except that utility hauling trailers stored for sale or rent shall be screened from view from streets and surrounding properties.

      4.   Vending machines, in conjunction with another permitted use.

      5.   Outdoor recreational uses (including swimming pools, golf courses, golf driving ranges and miniature golf), drive-in restaurants and parking lots.

      6.   The village board may grant permission, without public hearing for the relaxation of regulations regarding outdoor display and sales for annual promotional events not exceeding three (3) consecutive days in duration.

All merchandise displayed outdoors shall be displayed in a neat and orderly manner. (Ord. 89-04, 4-3-1989)

   B.   Merchandise Sold: Goods sold and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-13, 5-5-2014)

   C.   Nuisances Prohibited: Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water carried waste. (Ord. 89-04, 4-3-1989)

Provisions of this section are based on the recognition that there are uses, buildings and structures which because of their unique characteristic should not be permitted in a particular zoning district on a permanent basis, but which may be either necessary or desirable for a temporary period provided that they are carefully regulated with respect to location and operation. Temporary uses, buildings, and other structures permitted in this section shall be established and maintained so as not to interfere with the use and enjoyment of neighboring uses, buildings and other structures and to ensure public safety. The following regulations govern the operation of certain transitory or seasonal type uses related to temporary uses, buildings, and structures. (Ord. 89-04, 4-3-1989)

   A.   Permit Required: A temporary use permit shall be required prior to the establishment of every temporary use, building or other structure. Any permit issued and found to be in conflict with the provisions of this section shall be null and void upon notice by the village of said conflicts to said permittee. (Ord. 89-04, 4-3-1989)

   B.   Fees: No temporary use permit shall be issued until all necessary fees are paid according to the fee schedule. A temporary use permit fee is twenty five dollars ($25.00) per request. (Ord. 96-11, 6-3-1996)

   C.   Conditions Of Approval: In addition to specific regulation standards and time limitations set forth in this section, temporary uses and structures shall be subject to such conditions and restrictions on their location and operation as deemed necessary from time to time by the village board. (Ord. 89-04, 4-3-1989)

   A.   Petition For Temporary Use: A petition for temporary use may be made by the owner of the affected property, his duly authorized agent or a Dundee township not for profit organization with the written acknowledgment by the property owner.

   B.   Filing: All temporary use applications shall be filed with the building commissioner. Petitions for temporary use shall include, but are not limited to, the following:

      1.   Information necessary to accurately locate and portray the property such as a survey or legal description of the property to be used, rented, or leased for the temporary use.

      2.   A written description of the temporary use and a drawing of the proposed temporary structure.

      3.   Sufficient information to determine the yard requirements, sanitary facilities, and available parking spaces to adequately service the proposed temporary use or structure.

      4.   Specifications as to when the temporary use is to occur, including the hours of operation, if applicable.

      5.   Other information as may be deemed necessary to complete the evaluation of the proposed temporary use or structure. (Ord. 89-04, 4-3-1989)

Temporary uses and structures which may be allowed pursuant to this section shall include, but are not limited to, the following;

   A.   Carnivals, Zoos, Animal Exhibits, Petting Zoos And Animal Rides: A temporary use permit for a carnival, zoo, animal exhibit, petting zoo or animal rides may be granted to Dundee township not for profit organizations. Such activities may be allowed in all business zoning districts. Each such permit shall be valid for a period not to exceed three (3) days. A limit of two (2) permits per calendar year per organization will only be allowed provided there is a thirty (30) day separation between the first and second permit. Any temporary structure and/or tents erected to house all or part of the carnival, zoo, animal exhibit, petting zoo or animal rides shall be removed within three (3) days of the completion of the carnival, zoo, animal exhibit, petting zoo or animal rides.

   B.   Christmas Tree Sales: A temporary use permit shall be required to display in the open lot sales of Christmas trees, and such permits may only be granted to Dundee township not for profit organizations. However, a temporary use permit shall not be required for the display and sales of Christmas trees within permanent outdoor sales areas which are incidental and accessory to an approved permitted use. Display and open lot sales of Christmas trees may be allowed only in business zoning districts or on property owned by a not for profit organization. Each such permit shall be valid for a period not to exceed forty five (45) days. All unsold trees or temporary structures utilized in conjunction with the sale of the Christmas trees must be removed by January 1 of each calendar year.

   C.   Contractors Offices, Equipment Sheds And Trailers: A temporary use permit shall be required for a contractor's office, equipment shed and trailer, incidental and necessary to a specific construction project located on that property in the village. Such activities and temporary uses may be allowed in all zoning districts. Each permit shall be valid for only the duration of the construction project. The office, shed, trailer, and/or storage area shall be removed within fifteen (15) days of the completion of the project for which it was installed.

   D.   Temporary Real Estate Offices:

      1.   Model Units: A temporary use permit shall be required for a temporary real estate office located in model units in any new construction project in the village for the sale of units within that subdivision or development project only. Such activities may be allowed in all zoning districts. Each such permit shall be valid only until the sale of the last unit in the project.

      2.   Trailers: A temporary use permit shall be required for temporary real estate offices located in trailers in any new construction project in the village for the sale of units within that project only. Such activities may be allowed in all zoning districts. Each such permits shall be valid for a period of six (6) months or until the first model unit of the project is completed, whichever occurs first.

   E.   Temporary Outdoor Sales:

      1.   Seasonal Or Gardening Products: A temporary use permit shall be required for all temporary outdoor sales of seasonal or gardening products. Outdoor sales shall be conducted only in accordance with all applicable village codes and regulations. Each such permit shall be valid for a period of not more than forty five (45) days and may be renewed two (2) times during any calendar year. A permit may be renewed to permit only two (2) consecutive forty five (45) day periods which would allow a single sale period to extend no more than ninety (90) consecutive days. When two (2) consecutive use permits are issued no additional permit will be approved within thirty (30) days after the expiration date of the renewed permit. Temporary use permits issued for periods less than forty five (45) days will be counted as one 45-day permit. When separate permits are desired, each forty five (45) day permit will not be renewed within thirty (30) days after the expiration date of the preceding permit. Temporary outdoor sales of seasonal or gardening products shall be limited to the display and sale of flowers, vegetables, bagged garden products, other seasonal type materials and landscape border products. Landscape materials including statuary, fencing, lumber and other similar products shall not be allowed.

      2.   Arts And Crafts Shows: A temporary use permit shall be required for all temporary outdoor arts and crafts shows. Outdoor arts and crafts shows shall be conducted only in accordance with all applicable village codes and regulations. The permit shall be accompanied by information providing evidence that there is ample parking for the temporary use. Each such permit shall be valid for a period of not more than three (3) calendar days and not renewed more than once during any calendar year.

      3.   Other Sales: A temporary use permit shall be required for all other temporary outdoor sales. Outdoor sales shall be conducted only in accordance with all applicable village codes and regulations. Each such permit shall be valid for a period of not more than three (3) days and may not be renewed more than once during any calendar year.

   F.   Tent Promotions And Meetings:

      1.   Noncommercially Sponsored Events: A temporary use permit shall be required for a tent or other temporary structure use to house a noncommercially sponsored event. Such activities may be allowed in all zoning districts. Each such permit shall be valid for a period not to exceed seven (7) days and may not be renewed during any calendar year. Any tent or other temporary structure erected to house all or part of the events shall be removed within three (3) days of the completion of the function.

      2.   Commercially Sponsored Events: A temporary use permit shall be required for a tent or other temporary structure used to house a commercially sponsored event. Such activities may be allowed in all business zoning districts. Each such permit shall be valid for a period not to exceed seven (7) days and may not be renewed during a calendar year. Should liquor be offered for sale or distribution, village board approval as well as the local liquor control commission is required. Any tent or other temporary structure erected to house all or part of the event shall be removed within three (3) days of completion of the function.

   G.   Similar And Compatible Uses: Other uses which are similar and compatible to those allowed as temporary uses in this section. Determination of what constitutes similar and compatible uses shall be made by the building commissioner in conjunction with the village manager with notification provided to the village board. (Ord. 89-04, 4-3-1989)

   H.   Special Use Request: Any uses, buildings or structures which are of a temporary nature which do not fall under the above mentioned regulations would be permitted to be considered for approval via the special use process which includes formal review and recommendation by the planning and zoning commission and approval by the village board. The filing fee for a special use request would be applicable. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

A temporary use permit shall be issued only when the proposed temporary use structure complies with all the following:

   A.   Compatible With Existing Development: The nature and intensity, of the temporary use and the size and placement of any temporary structure is so planned that the temporary use or structure will be compatible with the existing development.

   B.   Not Typically Located Within A Permanent Building Or Structure: The temporary use is of such a nature that it is not typically located within a permanent building or structure nor will it cause prolonged undue economic competition with the adjoining permanent permitted or special use.

   C.   Parcels Of Sufficient Size: The size of the parcel is sufficient size to adequately accommodate the temporary use or structure.

   D.   Traffic: The location of the temporary use or structure is such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the temporary use or structure.

   E.   Parking And Access: Off street parking areas are of adequate size for the particular temporary use or structure and properly located, and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.

   F.   Effect On Surrounding Area: In all respects, the temporary use or structure is not significantly or materially detrimental to the health, safety and welfare of the public or injurious to other properties or improvements in the surrounding area.

   G.   Display Area: All temporary uses, structures, and outdoor sales areas must be maintained and displayed in a neat, orderly and safe manner. Failure to do so may result in revocation of the temporary permit issuance. (Ord. 89-04, 4-3-1989)

 

Apartments, above ground floor only.

Bed and breakfast establishment.

Retail goods establishment.

Accessory uses to the above permitted uses.

(Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014; Ord. 18-17, 9-10-2018; Ord. 2024-04, 2-19-2024)

Apartments, ground floor.

Retail service establishment.

Short-term rentals.

Single room occupancy units.

Any other uses reocmmended by the Planning and Zoning Commission and approved by the Village Board. (Ord. 2024-04, 2-19-2024)

   A. Lot Specifications:

      1. Area: Nine-thousand (9,000) minimum total square feet.

      2. Width: Sixty feet (60') minimum width at front setback line.

   B. Yards:

      1. Front yard: Thirty feet (30') minimum.

      2. Side yard: Six feet (6') minimum, thirty feet (30') minimum on corner lot.

      3. Rear yard: Twenty five feet (25') minimum for main buildings, three feet (3') minimum for accessory buildings. (Ord. 89-04, 4-3-1989; amd. Ord. 2024-04, 2-19-2024)

   A.   Dwelling Standards:

      1.   For apartments and short-term rentals, as governed in the appropriate sections under zoning districts - residential.

      2.   For single-room occupancy units, not less than one hundred (100) square feet of floor area.

      3.   No new buildings shall be erected nor shall any existing buildings be structurally altered or extended, nor shall any additional parking spaces be generated without review of plans by the Planning and Zoning Commission and their written recommendation for denial or approval. If denial is recommended, the Village Board may veto such decision by a two-thirds (2/3) majority vote.

   B.   Off Street Parking And Loading: In accordance with application regulations set forth in chapter 9 of this title.

   C.   Signs: In accordance with application regulations set forth in title 9, chapter 4, "Sign Regulations", of this Code. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014; Ord. 2024-04, 2-19-2024)

The zoning regulations for this zoning district shall recognize the historic significance, spatial layout, yard and parking limitations of the original Downtown Business District. (Ord. 89-04, 4-3-1989)

See Appendix A, Use Matrix, for a detailed listing of permitted and special uses allowed in the B-1 District. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-13, 5-5-2014; Ord. 18-17, 9-10-2018; Ord. 2018-21, 10-8-2018; Ord. 2021-21, 7-12-2021)

   A.   Lot Specifications:

      1.   Area: Not less than two thousand (2,000) square feet; and

      2.   Width: Not less than twenty feet (20') at the front building line.

   B.   Yards:

      1.   Front yard or setback: None required unless adjacent property has a front yard established, in which case the front yard setback shall be the average of the front yard setbacks of the buildings on the adjacent lots. A side yard adjoining a street shall be considered as a front yard;

      2.   Side yard or setback: None required unless adjacent property has a side yard established, in which case the side yard setback shall be not less than the average of the side yard setbacks of the buildings on the adjacent lots; and

      3.   Rear yard or setback: Not less than twenty feet (20').

   C.   Building Standards:

      1.   Floor area ratio: Not to exceed 3.1 (the total floor area shall not be more than 3 times the total square foot area of the lot).

   D.   Building Height: Not more than forty feet (40') or three (3) stories, whichever is less. (Ord. 89-04, 4-3-1989)

   A.   Business Operation Standards: See title 3, chapter 1 of this Code. (Ord. 98-18, 8-3-1998)

   B.   Accessory Buildings: Accessory buildings used in conjunction with the principal use on a lot, shall have a front yard of not less than fifty feet (50'), and a side and rear yard of not less than three feet (3') from the established lot lines. In no event shall an accessory building have a front yard of less than the front yard of the principal building located on said lot. (Ord. 89-04, 4-3-1989)

   C.   Off Street Parking And Loading: In accordance with the applicable regulations set forth in chapter 9, "Off Street Parking And Loading", of this title. (Ord. 98-06, 2-2-1998)

   D.   Signs: Signs shall be in accordance with the applicable regulations set forth in title 9, chapter 4, "Sign Regulations", of this Code. (Ord. 89-04, 4-3-1989)

The zoning regulations for this district shall recognize the need to provide a large, modern, unified zoning district to serve great numbers of regional and local customers. The spatial layout, yard and parking requirements shall reflect existing development areas, and a regional viewpoint. (Ord. 89-04, 4-3-1989)

See Appendix A, Use Matrix, for a detailed listing of permitted and special uses allowed in the B-2 District. (Ord. 89-04, 4-3-1989; amd. Ord. 2021-21, 7-12-2021)

   A.   Lot Specifications:

      1.   Area: Not less than forty thousand (40,000) square feet; and

      2.   Width: Not less than one hundred fifty feet (150') at the front building line.

   B.   Yards:

      1.   Front Yard Or Setback: Not less than twenty feet (20') plus one hundred percent (100%) of the building height, with a minimum of thirty five feet (35') from a public right of way;

      2.   Side Yard Or Setback: Not less than ten feet (10') per side yard, and not less than a cumulative of thirty feet (30') for two (2) side yards. A side yard adjoining a street shall be considered as a front yard; and

      3.   Rear Yard Or Setback: Not less than twenty feet (20').

   C.   Building Standards:

      1.   Floor Area Ratio: Not to exceed 1.3 to one ratio of floor area to lot size (the total floor area shall be not more than 1.3 times the total square foot area of the lot).

   D.   Building Height: Not more than forty feet (40') or three (3) stories, whichever is less. (Ord. 89-04, 4-3-1989)

   A.   Business Operation Standards: See title 3, chapter 1 of this code.

   B.   Accessory Buildings: Accessory buildings used in conjunction with the principal use on a lot, shall have a front yard of not less than fifty feet (50'), and a side and rear yard of not less than three feet (3') from the established lot lines. In no event shall an accessory building have a front yard of less than the front yard of the principal building located on said lot.

   C.   Off Street Parking And Loading: In addition to the applicable regulations set forth in chapter 9 of this title, the following parking regulations shall apply in the B-2 regional business district.

      1.   One parking space per two hundred (200) square feet of floor area is required; and

      2.   "Floor area", as defined under the B-1 district.

   D.   Signs: Signs shall be required in accordance with the applicable regulations set forth in title 9, chapter 4, "Sign Regulations", of this code. (Ord. 89-04, 4-3-1989)

The zoning regulations for this zoning district shall recognize the need to provide business services to transient and local customers. The development regulations recognize the spatial layout, yard and parking requirements of such districts, and the need to provide vehicular access without increasing traffic congestion on arterial and residential streets. (Ord. 89-04, 4-3-1989)

See Appendix A, Use Matrix, for a detailed listing of permitted and special uses allowed in the B-2 District. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-13, 5-5-2014; Ord. 2021-21, 7-12-2021)

   A.   Lot Specifications: All newly platted lots shall have the following specifications:

      1.   Area: Not less than fifteen thousand (15,000) square feet; and

      2.   Width: Not less than one hundred feet (100') at the front building line.

   B.   Yards:

      1.   Front yard or setback: Not less than thirty feet (30'). A side yard adjoining a street shall be considered as a front yard;

      2.   Side yard or setback: Not less than ten feet (10') per side, and not less than a cumulative of twenty five feet (25') for two (2) side yards; and

      3.   Rear yard or setback: Not less than twenty feet (20').

   C.   Building Standards:

      1.   Floor Area Ratio: Not to exceed 1.3 to one ratio of floor area to lot size (the total floor area shall be not more than 1.3 times the total square foot area of the lot).

   D.   Building Height: Not more than forty feet (40') or three (3) stories, whichever is less. (Ord. 89-04, 4-3-1989)

   A.   Business Operation Standards: See title 3, chapter 1 of this code.

   B.   Accessory Buildings: Accessory buildings, used in conjunction with the principal use on a lot, shall have a front yard of not less than fifty feet (50'), and a side and rear yard of not less than three feet (3') from the established lot lines. In no event shall an accessory building have a front yard of less than the front yard of the principal building located on said lot.

   C.   Off Street Parking And Loading: In addition to the applicable regulations set forth in chapter 9 of this title, the following parking regulations shall apply in the B-3 business-service district. Parking lot and driveway setbacks shall be as follows:

      1.   Front yard setback: Ten feet (10'); and

      2.   Side and rear yard setback: Five feet (5').

   D.   Signs: Signs shall be required in accordance with the applicable regulations set forth in title 9, chapter 4, "Sign Regulations", of this code. (Ord. 89-04, 4-3-1989)

   A.   To permit the development of small scale office facilities offering personal services of a professional nature which typically generate less vehicular traffic.

   B.   To serve as a buffer between residential uses and other commercial or industrial uses. (Ord. 89-04, 4-3-1989)

Business and professional offices including, but not limited to, accountants, architects, attorneys, engineers and insurance offices.

Executive or administrative offices of manufacturing, commercial, service and industrial companies and corporations where only executive, administrative and clerical functions are performed.

Offices for educational, fraternal, professional and religious organizations.

Residential dwelling units above first floor only.

Accessory uses to the above permitted uses. (Ord. 89-04, 4-3-1989; amd. Ord. 2018-35, 11-12-2018)

Banks and savings and loans.

Governmental agencies.

Medical and dental offices and clinics, excluding animal clinics and hospitals.

Miscellaneous personal services.

Real estate offices.

Research and development offices and laboratories. (Ord. 89-04, 4-3-1989; amd. Ord. 2019-16, 8-5-2019)

   A.   Yards:

      1.   Front Yard: Not less than thirty feet (30') in depth. In those instances where the first floor area of new construction exceeds four thousand (4,000) square feet, the front yard setback shall be not less than seventy five feet (75') in depth.

      2.   Side Yard: Not less than ten feet (10') each side. On a corner lot not less than thirty feet (30') for front yard and not less than thirty feet (30') for side yard that abuts street. In those instances where the first floor area of new construction shall exceed four thousand (4,000) square feet, the side lot setback shall be thirty feet (30') and a double fronting corner lot shall have a seventy five foot (75') setback requirement on both streets.

      3.   Rear Yard: Not less than twenty feet (20') in depth.

      4.   Green Space: The first ten feet (10') of the front yard setback shall remain as green space. "Green space" shall be defined as that area improved with existing or installed natural plantings and vegetation. Any structures will require a variance request under the appropriate section of this title excepting fences as otherwise permitted.

      5.   Lots With Existing Structures: Lots, with existing structures, to be rezoned O Office District, yard requirements shall be that which they are currently zoned.

   B.   Lot Sizes:

      1.   Not less than twenty thousand (20,000) square feet.

         a.   One hundred feet (100') wide by two hundred feet (200') deep.

      2.   Lots, with existing structures, to be rezoned O office district, lot size requirements shall be that which they are currently zoned.

   C.   Building Standards:

      1.   Height: Not more than forty feet (40') or two (2) stories, whichever is less.

      2.   Floor/Lot Area Ratio: Not to exceed 1.0.

      3.   Usable Floor Area: There shall be at least six hundred (600) square feet of usable floor area per business.

      4.   Lots With Existing Structures: Lots, with existing structures, to be rezoned O office district, building standard requirements shall be that which they are currently zoned. (Ord. 89-04, 4-3-1989)

   A.   Off Street Parking: Parking spaces shall be in accordance with provisions set forth in chapter 9 of this title; provided, however that in those instances of new construction where the first floor of any structure shall exceed four thousand (4,000) square feet in area and shall have a required setback of seventy five feet (75') or more, that parking shall be permitted in said front yard from a thirty foot (30') setback line to the actual setback of structure.

   B.   Signs: Signs shall be in accordance with provisions set forth in title 9, chapter 4, "Sign Regulations", of this code, except that no sign shall exceed forty feet (40') in height.

   C.   Green Spaces:

      1.   Twenty percent (20%) of the lot size shall be preserved as a "green space" as defined in subsection 10-5E-4A4 of this article. No structures or improvements shall be built on the designated green area.

      2.   When an O district lot abuts a lot zoned for single-family residential use, the following standard shall apply:

After subtracting the area of the lot occupied by buildings and improvements, excluding parking lots, fifty percent (50%) of the remaining lot shall be preserved as a green space. No improvements shall be built on the designated green area. (Ord. 89-04, 4-3-1989)

The zoning regulations for this district shall recognize the need to provide a spacious, campus/park like environment attractive for executive corporate headquarters, innovative and applied research and development facilities with activities in life and physical sciences. (Ord. 89-04, 4-3-1989)

Administrative or executive offices serving as corporate or regional headquarters.

Medical laboratory.

Personnel training center.

Research and development laboratories in all life and physical sciences.

Warehouse storage, and distribution facilities provided that the corporate or regional office headquarters are adjacent.

Any other office use that does not depend on local walk in clientele. (Ord. 89-04, 4-3-1989)

Agricultural research center.

Planned developments.

Religious seminaries and retreats. (Ord. 89-04, 4-3-1989)

   A.   Lot Specifications:

      1.   Area: Not less than five (5) acres.

      2.   Width: Not less than three hundred feet (300') at the front building line.

   B.   Yards:

      1.   Front Yard Or Setback: Not less than one hundred feet (100').

      2.   Side Yard Or Setback: Not less than fifty feet (50') on each side. For corner lot side yards abutting a street, not less than one hundred feet (100').

      3.   Rear Yard Or Setback: Not less than one hundred feet (100').

   C.   Building Standards:

      1.   Floor Area Ratio: Not to exceed 1.0 to one ratio of floor area to lot size.

      2.   Minimum Floor Area: Not less than ten thousand (10,000) square feet per floor.

   D.   Building Heights: Not more than fifty feet (50') or four (4) stories, whichever is less. (Ord. 89-04, 4-3-1989)

   A.   Business Operation Standards: No office shall be open to the public between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., seven (7) days a week.

   B.   Accessory Buildings: Accessory buildings shall not be located closer than twenty feet (20') from a side or rear lot line. In addition, accessory buildings shall not be closer than one hundred fifty feet (150') from the front lot line and in no case closer to said front lot line than the principal building on the lot. For corner lots, accessory buildings shall not be located in the side yard abutting the side street.

   C.   Off Street Parking And Loading: In addition to the applicable regulations set forth in chapter 9 of this title, the following parking regulations shall apply in the ORD district.

      1.   Front Yard Or Setback: No parking space, loading dock or interior driveway shall be located in the required front yard setback.

      2.   Side, Rear Yard Or Setback: No parking space or interior driveway shall be located within forty feet (40') of a side or rear property line.

   D.   Signs: In accordance with applicable regulations set forth in title 9, chapter 4, "Sign Regulations", of this code. (Ord. 89-04, 4-3-1989)

Any use permitted in the ORD office, research and development districts shall comply with all of the provisions contained in the following subsections:

   A.   General Regulations:

      1.   No retail store, retail service establishment, or enterprise which provides for personal use shall be located within this district, provided, however, that test items produced on the premises may be offered for sale and removal from the premises.

      2.   No residence or living quarters shall be permitted on the premises other than that of a watchman or caretaker employed on the premises, and temporary lodging incidental to personnel training.

      3.   All principal operations and activities shall be conducted wholly inside a building or buildings. Tanks or drums of fuel directly connected with heating devices or equipment located within principal buildings are excluded from this provision. All private roads and driveways shall be treated, if necessary, for the prevention of dust.

      4.   All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property and shall not be located within a required front, side or rear yard.

      5.   No materials or wastes shall be deposited on a zoning lot in such form or manner that they may be transferred off the zoning lot by natural causes or forces.

      6.   All materials or wastes which might cause fumes or dust or constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

   B.   Emissions: No use permitted in this district shall emit odors, gas, dust, smoke, radiation, lighting effects or noise, to an extent greater than the following maximum allowable levels:

      1.   Permitted Noise Levels: At no point on or beyond the boundary line of any zoning lot in the ORD office, research and development district, shall the sound pressure level resulting from any use or activity, either open or enclosed (except noises resulting from the construction and maintenance of buildings and facilities, including site preparation, and the noises of safety signals, warning devices, and railroads) exceed the maximum decibel levels for the designated octave band as set forth in the following tables:

 

         a.   Method Of Measurement: Sound levels shall be measured with a sound level meter and associated octave band filter and impact noise filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network and "slow" meter response of the sound level meter. Impulsive type noises shall be subject to the performance standards herein prescribed provided that such noises are capable of being accurately measured with such equipment. Noises capable of being so measured, for the purposes of this article, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (±2) decibels. Noises incapable of being so measured but objectionable because of intermittence, beat, frequency, or shrillness, shall be controlled so as not to become a nuisance to adjacent uses.

      2.   Vibration: Steady state vibrations are vibrations which, for the purpose of this article, are continuous, or vibrations in discrete pulses more frequent than one hundred (100) per minute. Discrete pulses which do not exceed one hundred (100) impulses per minute shall not cause displacement in excess of twice the values established in subsection B2a, "Permitted Vibration Displacements", of this section. "Impact vibrations" shall mean vibrations occurring in discrete pulses separated by an interval of at least one minute and numbering no more than eight (8) per twenty four (24) hour period.

         a.   Permitted Vibration Displacements: At no point on or beyond the boundary of any lot shall the ground transmitted steady state or impact vibration caused by any use of activity (except those not directly under the control of the property user) exceed the limits as established in the following tables for any ORD office, research and development zoning district boundary, which is adjacent to a residential zone:

STEADY STATE VIBRATIONS

 

 

IMPACT VIBRATIONS

 

 

         b.   Method Of Measurement: For the purpose of measuring vibrations, a three (3) component measuring system shall be used.

      3.   Permitted Smoke And Particulate Matter: The emission, from all sources within any zoning lot, of particulate matter containing more than five percent (5%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any zoning lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density equal to, or greater than, no. 2 on the Ringelmann chart is prohibited at all times, except as follows:

         a.   Smoke Emission: The emission of more than twelve (12) smoke units per stack in any one hour period is prohibited; however, once during any six (6) hour period each stack shall be permitted up to twelve (12) additional units in a fifteen (15) minute period for soot blowing and fire cleaning. Only during such fifteen (15) minute period shall smoke of a density equal to, but not exceeding, Ringelmann no. 3 be permitted, and then only for fire cleaning and for not more than four (4) minutes per period.

         b.   Particulate Matter Emission: Particulate matter emission of particulate matter from all sources within the boundaries of any zoning lot shall not exceed the rate established in the following table:

 

         c.   Methods Of Measurement:

            (1)   Smoke: For the purpose of grading the density of emission of smoke, the Ringelmann chart, published and used by the United States bureau of mines, shall be employed. For the purpose of determining smoke units, the Ringelmann density reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to give the total number of smoke units observed during the total period of observation.

         d.   Particulate Matter: Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:

            (1)   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rates of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in subsection B3b, "Particulate Matter Emission" of this section.

      4.   Odors: No continuous, frequent, or repetitive emission of odors or odor causing substances which would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than fifteen (15) minutes in any one day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed to be in existence in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four (4) volumes of clean air at the point of measurement. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard should fail. There is hereby established as a guide only in determining such quantities of offensive odors, table III, "Odor Thresholds," in chapter 5, "Air Pollution Abatement Manual", copyright 1952 by the Manufacturing Chemists Association, Inc., Washington, D.C.; subject to investigation, measurement, and analysis in accordance with the provisions of section 15 thereof.

      5.   Toxic And Noxious Matter: No emission which would be demonstrably injurious to human health, animals, or plant life beyond the lot boundaries of any ORD use in any ORD zone will be permitted. Where an ORD use could produce such emissions as a result of accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken; provided, however, that these requirements shall not be deemed a limitation and restriction on the manufacturing of pharmaceuticals or chemicals consistent with methods, manufacturing equipment, and processes recognized by the Manufacturing Chemists' Association, Inc.

      6.   Fire And Explosive Hazards: The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided said materials or products are stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls, protected throughout by an automatic fire extinguishing system. Nothing herein contained shall be a limitation on open storage of coal or coke stored behind a solid fence or wall with a height adequate for concealment and located not less than seventy five feet (75') from exterior property line.

      7.   Storage Of Flammable Materials: The storage, utilization, manufacture of flammable liquids, or of materials that produce flammable or explosive vapors or gases (exclusive of storage of finished products in original sealed containers, which is not restricted) is permitted on any lot having an area of five (5) acres in accordance with the minimum gallonage requirements of the following table; provided, however, that the number of containers containing the respective quantities may be increased in proportion to each addition of five (5) acres or multiples thereof, within said additional containers having the same quantity limitations as shown in the table:

 

 

      8.   Radiation Hazards: The handling of radioactive materials, the discharge of such materials into air and water, the disposal of radioactive wastes, shall be in conformance with:

         a.   The applicable regulations of the atomic energy commission; and

         b.   The applicable regulations of any instrumentality of the state of Illinois.

      9.   Sewage Waste: Sewage waste shall not be permitted unless neutralized to a permissible range of pH 5.5 to pH 9.0. (Ord. 89-04, 4-3-1989)