(A)   Applicability: The off-street loading and off-street parking provisions of this chapter shall apply as follows:

      1.   Change In Intensity Of Use: When the intensity of use of any building, structure or premises shall be increased or expanded through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking, and loading facilities as required herein shall be provided for such increase or expansion in intensity of use.

      2.   Change In Use: Whenever the existing use of a structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only as the required quantity exceeds those for the existing use.

      3.   Relief: If the subject site conditions, including size, topography, shape, or configuration would prevent additional parking from being constructed as required in subsections (1-2), the Village Administrator or their designee may provide relief from the requirement as deemed appropriate.

      4.   Building Permits Issued Prior To The Effective Date Of This UDO: Where a building permit has been issued prior to the effective date of this UDO, and construction has begun within six (6) months after such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter.

   (B)   Design And Location:

      1.   Location On Same Lot: Required off street parking spaces shall be located on the same lot as the principal use or structure, except when approved as Shared Parking as detailed in Section 9-5-01(E)(4) or when the Plan Commission recommends and the Board of Trustees authorizes a specific use, for which the location of all or a part of the required off street parking spaces may be located on a lot that does not contain the principal use or structure.

      2.   Location On Separate Lot: In cases where parking facilities are permitted on a lot other than the lot on which the structure or use served is located, a covenant running with the land must be recorded in the Office of the Recorder of Deeds of DuPage County, Illinois, on the lot upon which the accessory off street parking is located which prohibits any other use on that lot, and a copy of the recorded covenant certified by the Recorder of Deeds of DuPage County, Illinois, must be deposited with the Village Administrator or their designee. The covenant shall not be released until such time as either one of the following occurs:

         (a)   The structure on the lot containing the principal use is removed and the principal use is terminated.

         (b)   Another lot of the required size is properly developed and used for the required accessory off-street parking in lieu of the initial lot used for accessory off-street parking with the same requirements, covenants and conditions attaching to such substitute accessory use lot as approved by the same authority as required for approval of such initial lot.

         (c)   Unless such permitted off-street parking spaces are provided by permitted collective use of accessory off-street parking spaces for another use, they shall be located in a district where parking lots or storage garages are allowable principal uses.

         (d)   The parking of vehicles shall only be permitted on approved paved driveways, parking pads and other paved off-street parking areas as provided for in this title.

      3.   Vertical Clearance: Enclosed parking spaces shall have a vertical clearance of at least seven (7) feet.

      4.   Use: Off-street parking facilities, as necessary to uses listed herein, shall be solely for the parking of automobiles of patrons, occupants, or employees. When bus transportation is provided for patrons, occupants, or employees of a specific establishment, additional open or enclosed off-street parking spaces for buses to be parked on the premises shall be provided.

      5.   Location In Yards:

         (a)   Interior Side Or Rear Yards: Off-street parking spaces, access drives or drive aisles, including any and all impervious surfaces, open to the sky may be located in required interior side or rear yards within ten (10) feet of the nearest lot line, except a parking area and drive aisle containing more than four (4) parking spaces with a residential or nonresidential district adjoining a single-family residential district boundary or a parking area, which shall not be less than forty (40) feet from the lot line.

         (b)   Exterior Side And Front Yards: Off-street parking spaces, access drives, or aisles including any and all impervious surfaces may be located in required exterior side and front yards in only nonresidential districts to within fifteen (15) feet of the nearest lot line.

         (c)   Yards Adjacent To Illinois Route 83 Or Plainfield Road: All parking areas located within a required yard adjacent to Illinois Route 83 or Plainfield Road shall be set back a minimum of twenty five (25) feet from the property line.

      6.   Surfacing And Maintenance:

         (a)   Open And Enclosed Spaces: All parking spaces, whether open or enclosed, shall at all times be clearly designated with striping outlining each parking space and the direction of traffic in access aisles.

         (b)   Surfacing:

            (1)   Single-Family Residential Districts: All open off-street parking areas and driveways in the R-1, R-2 and R-3 Single-Family Residential Districts shall be improved with all-weather, hard surface pavement installed in accordance with the following standards and specifications:

               (i)   A two (2) inch thick bituminous concrete surface course on an eight (8) inch thick compacted crushed stone base commonly known as driveway mix.

               (ii)   A five (5) inch portland cement concrete surface on a four (4) inch thick compacted crushed stone base.

               (iii)   Wire mesh shall be prohibited in the right-of-way including but not limited to driveway aprons and public sidewalks.

            (2)   Residential And Nonresidential Districts: All open off-street parking areas and driveways in the R-4 Single-Family Attached and R-5 Multifamily Residential Districts and in all nonresidential districts shall be improved with all-weather, hard surface pavement installed in accordance with the following standards and specifications:

               (i)   A two and one half (2.5) inch thick bituminous concrete binder course and a one and one-half thick surface course, State of Illinois Class I, shall be constructed over a compacted crushed stone base that is eight (8) inches thick, constructed in accordance with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition.

         (c)   Curb And Gutter: All open off-street parking areas, driveways and aisles serving multi-family dwellings having more than four (4) dwelling units and all nonresidential uses shall be improved with concrete barrier curb and gutter installed in accordance with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition.

         (d)   Permissible Slopes: For all parking lots, aisles and driveways, whether constructed on public parkways or private property, the minimum and maximum allowable vertical slopes shall be one percent (1%) and five percent (5%) respectively.

            (1)   Drainage: All off-street parking areas constructed for the purposes of parking more than four (4) vehicles shall be drained utilizing underground storm sewers, concrete barrier curb and gutter and other necessary appurtenances. The design of all storm sewer facilities and curb and gutter shall comply with the Village standards found in the Standards and Specifications for the Design and Construction of Public Improvements.

         (e)   Maintenance Requirements: The owner and/or occupant of business, commercial, office, research, industrial or multiple-family uses of four (4) dwelling units or greater shall be responsible for the maintenance of all driveways and parking lots serving such use including such portions located in public rights-of-way. All pavement that represents a hazard to vehicular or pedestrian travel shall be repaired.

            (1)   Hazards shall be defined as including but not limited to, one or more of the following:

               (i)   A pothole two (2) inches or more in depth covering one (1) square foot or more in area. Potholes must be repaired within the time frame indicated on the notice of violation. During winter months a temporary patch must be provided and maintained until permanent repairs can be performed. Materials used for cold patching must be approved by the Village Administrator or their designee.

               (ii)   A rut two (2) inches or more in depth.

               (iii)   A fault with a one (1) inch or greater difference in elevation.

               (iv)   A crack one-half (1/2) inch or greater in width.

               (v)   Settlement or sinking one (1) inch or greater in depth.

               (vi)   Disintegration covering a one (1) square yard or greater area or any other condition that is determined by the Village Administrator or their designee to be a hazard.

            (2)   The Village shall notify the owner and/or occupant of any violations of this subsection. Such notification shall indicate the nature of the hazard and an amount of time given to correct same. Time to comply shall not exceed a maximum of thirty (30) days during the construction season. Upon receipt of said notice, such owner and/or occupant shall notify the Village Administrator or their designee in writing of his plans for corrective action. A striping plan will be required whenever a parking lot is to be overlaid, seal coated, or restriped.

      7.   Access And Cross Access:

         (a)   Access: Each required parking space shall be accessible from a public street without passing through another required space.

         (b)   Cross Access: To facilitate vehicular access between adjoining developments and to minimize off-street parking area access points along streets and alleys, non-single-family development shall comply with the following standards:

            (1)   Internal vehicular circulation systems shall be designed to allow for vehicular cross-access between the development's off-street parking areas and off-street parking areas in an adjoining non-single-family development, or to the boundary of adjoining vacant land.

            (2)   Required vehicular cross access between the adjoining off-street parking areas shall be provided through the use of a single two-way maneuvering lane or two one-way maneuvering lanes that are sufficiently wide to accommodate traffic by automobiles, service vehicles, loading vehicles, and emergency vehicles.

            (3)   The Village Administrator or their designee may waive or modify the requirement for vehicular cross access on determining that such cross access is impractical or undesirable because it would require crossing a significant physical barrier or environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent property.

            (4)   Easements allowing cross access to and from properties served by a vehicular cross-access, along with agreements defining maintenance responsibilities of property owners, shall be recorded with DuPage County before issuance of a building permit for the development.

            (5)   Village Administrator or their designee waiver. The Village Administrator or their designee may waive the cross access required in any instance in which site conditions, including lot configuration, topography, or size, would prohibit its establishment.

   (C)   Minimum Standards For Parking Spaces, Aisles And Parking Bays: Minimum parking space and aisle dimensions shall be in accordance with the following schedule and further provided that parallel parking shall be expressly prohibited in all business districts for required parking:

 

 

Figure 5.1. Parking Dimensions

   (D)   Parking Of Vehicles Prohibited:

      1.   The outdoor storage or parking of any vehicles requiring a State vehicle license greater than a Class B, or any vehicle in excess of eight thousand (8,000) pounds as regulated by the State, or buses designed for more than sixteen (16) occupants, is prohibited within all residential districts.

         (a)   Exceptions:

            (1)   Loading or unloading of household belongings between the hours of 7:00 A.M. and 10:00 P.M. for the purpose of moving a personal residence; or

            (2)   Deliveries, repairs, construction, maintenance, or service calls.

      2.   The outdoor storage or parking of more than one unoccupied taxicab, limousine, or any other vehicle used to transport individuals for hire, regardless of gross vehicle weight (GVW) or State license designation or more than one van or truck, having a first division or Class B State vehicle license which is used for business or commercial purposes, is prohibited within all residential districts.

         (a)   Exception: Property under the jurisdiction of a special use permit having a nonresidential use in a residential district shall be exempt.

   (E)   Off-Street Parking Required:

      1.   Minimum Requirements: Except as otherwise expressly stated, off-street parking spaces shall be provided in accordance with the parking ratio requirements established in Table 9-5-01(E). Required parking spaces shall not interfere with drive through facilities per Section 9-4-11(F) or loading and unloading activity per Section 9-5-01(F).

         (a)   Parking Reserved For Specific User Groups: Parking spaces reserved for specific user groups other than ADA compliant spaces, spaces with electric vehicle charging stations, and spaces for curb side pick, shall not count towards the minimum requirement.

      2.   Maximum Requirements: To minimize excessive areas of pavement, no off-street parking area shall exceed the required minimum number of parking spaces by more than thirty percent (30%) for multifamily, mixed-use, and nonresidential uses only, except as approved by the Village Administrator or their designee. In approving additional spaces above the maximum, the Village Administrator or their designee shall determine that the parking is needed based on documented evidence of actual use and demand provided by the applicant.

      3.   Calculations: The following rules shall apply when calculating the required minimum number of parking spaces:

         (a)   Fractions: When measurements of the number of required spaces result in a fractional number, the number shall be rounded up to the next higher whole number.

         (b)   Area Measurements: Unless otherwise expressly stated, all area-based (square footage) parking standards must be computed on the basis of gross floor area (GFA).

         (c)   Occupancy Or Capacity-Based Standards: For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment, or the maximum fire-rated capacity, whichever is applicable as determined by the Village Administrator or their designee and the Fire Department.

         (d)   Unlisted Uses: In the case of uses not listed in Table 9-5-01(E), the number of spaces for a similar use, as determined by the Village Administrator or their designee, shall apply.

 

      4.   Shared Parking Facilities:

         (a)   Purpose: Shared parking is encouraged as a means of conserving land resources, reducing stormwater runoff, reducing the heat island effect caused by large, paved areas, and improving community appearance.

         (b)   Authorization: Shared parking facilities for off-street parking of two (2) or more buildings or uses may be approved by the Plan Commission subject to compliance with this Section.

         (c)   Location: Shared parking facilities shall be located within three hundred (300) linear feet of the primary entrance of the main residential building and within five hundred (500) linear feet of the primary entrance of the main nonresidential building.

         (d)   General Requirements:

            (1)   The number of parking spaces provided shall not be less than the sum of the separate requirements for each such building or use. Where a mix of two (2) or more land uses create staggered peak periods of parking demand, shared parking agreements that have the effect of reducing the total amount of required parking may be approved.

            (2)   Required accessible parking spaces for persons with disabilities may not be shared and shall be located onsite.

            (3)   Adjacent lots that are subject to a shared parking agreement shall be interconnected by the provision of a cross-access easement for vehicular and pedestrian passage.

         (e)   Shared Parking For Uses With Different Hours Of Operation:

            (1)   For purposes of this Section, the following uses are considered daytime uses:

               (i)   Office Uses;

               (ii)   Service and Office Uses;

               (iii)   Retail Uses;

               (iv)   Place of Assembly Uses;

               (v)   Industrial Uses; and

               (vi)   Other similar primarily daytime uses, as determined by the Plan Commission.

            (2)   For purposes of this Section, the following uses are considered evening or weekend uses:

               (i)   Lodging Uses;

               (ii)   Eating and Drinking Uses; and

               (iii)   Other similar primarily nighttime or weekend uses, as determined by the Plan Commission.

         (f)   Shared Parking Study: The applicant(s) shall demonstrate, through a professionally prepared shared parking study, that there is no substantial conflict in the peak periods of parking demand of the uses for which shared parking is proposed. The shared parking analysis shall include, at minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated hourly and peak parking and traffic loads for all uses that will be sharing parking spaces. If existing land uses are to be included in the shared parking agreement, the study shall also include parking counts that document parking occupancy during weekday, weekend, daytime, and evening periods of peak and off-peak parking demand.

   (F)   Off-Street Loading Requirements:

      1.   Purpose: The purpose of this Section is to prevent congestion of public rights-of-way and private lots to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.

      2.   Applicability: Any use which has a gross floor area of six thousand (6,000) square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this Section.

      3.   Location: All loading berths shall be located twenty-five (25) feet or more from the intersection of two (2) street right-of-way lines. Loading berths shall be located in the interior side or rear yard only and shall be oriented away from the primary road unless approved as a Special Use due to site conditions. All loading areas shall be located on the private lot and shall not be located within, or to interfere with, any public right-of-way, off-street parking area, or pedestrian circulation area.

      4.   Size Of Off-Street Loading Area: Adequate space for standing, turning, loading, and unloading services shall be provided in a manner that does not interfere with required off-street parking areas, pedestrian circulation areas, and with the public use of streets or alleys.

      5.   Access To Off-Street Loading Area: Each loading berth shall be located to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way. Users of shared loading areas are encouraged to coordinate loading activities to minimize off-site impacts.

      6.   Surfacing And Marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner that demarcates the loading areas.

      7.   Use Of Off-Street Loading Areas: The use of all off-street loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.

      8.   Lighting: Lighting used to illuminate an off-street loading area, if any, shall meet all requirements for outdoor lighting as detailed in Section 9-5-09.

      9.   Required Loading Spaces: The number of loading spaces provided shall be determined by the developer and shall provide for adequate space for standing, turning, loading, and unloading services. These spaces shall be provided in a manner that does not interfere with internal site circulation, ingress or egress to the site, access to or use of required off-street parking areas and pedestrian circulation areas, and with the public use of streets or alleys. (Ord. 23-0-05, 1-23-2023)

   (A)   Applicability:

      1.   Landscape improvements required by this Section shall apply to all new nonresidential, mixed-use, and multifamily development and substantial reinvestment or redevelopment the cost of which comprises fifty percent (50%) or more of the site's market value, unless otherwise required in this Section.

      2.   Landscape improvements required by this Section shall not be required for changes of use or minor site alterations the cost of which comprise less than fifty percent (50%) of the market value of the subject property.

      3.   Landscape improvements required by this Section shall consist of living vegetation in a combination of plants, trees, shrubs, native grasses, perennials, and/or groundcover.

   (B)   General Provisions:

      1.   Unless otherwise stated in this Section, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at average breast height.

      2.   Any plant materials used to meet the requirements of this Section shall not include any plant material identified as an invasive species by the Illinois Department of Natural Resources.

   (C)   Planting Types:

      1.   Canopy Trees: A woody plant (deciduous or evergreen) having not less than a two and one-half (2.5) inch caliper with single central axis which typically reaches a mature height of not less than forty (40) feet and a mature spread of not less than fifteen (15) feet.

      2.   Understory Trees: A woody plant having not less than a one and one-half (1.5) inch caliper, or six (6) feet tall for multiple stem species, that normally attains a mature height of at least fifteen (15) feet.

      3.   Evergreen Trees: A tree having foliage that persists and remains green throughout the year and has a height of not less than six (6) feet at installation and maturing to a height of not less than twenty (20) feet.

      4.   Shrubs: A woody plant (deciduous or evergreen) of low to medium height characterized by multiple stems continuous from its base and having a height of not less than two (2) feet, unless classified as a shrub by the State of Illinois.

      5.   Native Grasses: Grasses that are native to the State of Illinois, not including noxious weeds.

      6.   Herbaceous Perennials: Plants with non-woody stems whose above-ground growth largely or totally dies back during winter months but whose underground plant parts (roots, bulbs, etc.) survive.

      7.   Groundcover: Spreading herbaceous plants, other than turf grass, or prostrate shrubs, or woody vines normally reaching an average maximum height of eighteen (18) inches at maturity.

Figure 5.2. Planting Types

   (D)   Required Landscape Zones: Figure 5.3 illustrates the location of the required landscape zones as detailed in the following sections. The Village Administrator or their designee may approve exceptions to the required landscape zone as an administrative exception specified in Section 9-9-02(D).

Figure 5.3. Required Landscape Zones

   (E)   Building Foundation Landscape Zone: All nonresidential, mixed-use, and multifamily development where a front yard setback is required, with the exception of food processing facilities regulated by the FDA, shall include landscape located at the building foundation as required by this Section. Landscape required by this Section shall be in addition to landscape required under other sections of this UDO. It is the objective of this Section to provide a softening effect at the base of buildings.

      1.   Applicable development is required to maintain a building foundation area at front and exterior side yards with a minimum width of seven (7) feet.

      2.   Foundation plantings shall be designed to supplement buffer yard plantings to frame important views, while visually softening long expanses of walls.

      3.   Foundation plantings shall be installed across forty percent (40%) of the length of the facade of the building.

      4.   Foundation plantings may include trees, shrubs, native grasses, and groundcover.

      5.   Where the area between the building and parking lot or street curb is entirely paved for pedestrian use, landscaping may consist of canopy trees planted in structural soils beneath tree grates or permeable pavement, at the rate of one (1) tree per fifty (50) linear feet of building facade. Minimum structural soil volume shall be six hundred (600) cubic feet.

      6.   Above-ground stormwater planter boxes along building facades may be substituted for foundation plantings.

      7.   Required foundation plantings may be installed between parking lots and the building but shall be installed within twelve (12) feet of the building facade.

Figure 5.4. Building Foundation Landscape Zone

   (F)   Parking Area Perimeter Landscape Zone: Landscape required by this Section shall be in addition to landscape required under other sections of this UDO. It is the objective of this Section to provide screening between off-street parking areas and rights-of-way, and to provide for the integration of stormwater management with required landscaping.

      1.   Location: All off-street parking areas which abut a public or private right-of-way, excluding alleys, shall include landscape and trees as required by this Section located between the back of curb of the off-street parking area and the right-of-way.

      2.   Applicability: The parking lot perimeter landscape regulations of this Section apply to the following:

         (a)   The construction or installation of any new off-street parking area; and

         (b)   The expansion of any existing off-street parking area, in which case the requirements of this Section apply only to the expanded area.

      3.   Requirements: Perimeter landscape shall be established along the edge of the off-street parking area and have a minimum width of seven (7) feet as measured from the back of curb of the off-street parking area, to accommodate vehicle bumper overhang and ensure planting areas that are adequate in size.

         (a)   One (1) shrub or native grasses the height of which shall not be less than three (3) feet nor greater than five (5) feet, shall be planted for every four (4) feet of landscape area length when no masonry wall or fence is provided as described in this subsection, or when such wall or fence is not entirely opaque. One (1) shrub or native grass shall be planted every eight (8) feet when an opaque masonry wall or fence is provided as detailed in this subsection. Such plantings may be clustered or spaced at even intervals as deemed appropriate by the Village.

         (b)   Landscaped areas outside of shrubs/native grasses and tree masses shall be planted in live groundcover.

         (c)   A low masonry wall or fence the height of which provides effective screening to a maximum height of three (3) feet may be used in conjunction with required landscaping as detailed above. Plant materials shall be installed between the sidewalk and the fence or wall to provide a softening effect.

Figure 5.5. Parking Area Perimeter Landscape Zone

   (G)   Parking Area Interior Landscape Zone: All off-street parking areas shall include parking area interior landscape as required by this Section. Trees and landscape required in this Section shall be in addition to trees and landscape required under other Sections of this UDO. It is the objective of this Section to provide shade within parking areas, break up large expanses of parking area pavement, support stormwater management, improve the appearance of parking lots as viewed from rights-of-way, and provide a safe pedestrian environment.

      1.   Applicability: The parking area end cap requirements apply to the following:

         (a)   The construction or installation of any new off-street parking lot containing fifteen (15) or more parking spaces; or

         (b)   The expansion of any existing off-street parking area if the expansion would result in fifteen (15) or more new parking spaces, in which case the requirements of this Section apply only to the expanded area.

      2.   Parking Area End Caps Required: A parking area end cap shall be located at the end of all bays of parking.

      3.   Parking Area End Cap Standards:

         (a)   Size: Parking area end caps shall be a minimum nine (9) feet wide by eighteen (18) feet long and shall have a minimum soil depth of thirty-six (36) inches. Double rows of parking shall provide parking area end caps opposite one another to form continuous single end cap.

         (b)   Planting: A minimum of one (1) canopy tree and three (3) shrubs or native grasses shall be provided within each parking area end cap. If the end cap extends the width of a double bay, then two (2) canopy trees and six (6) shrubs or native grasses shall be provided.

         (c)   Other Types Of Landscape Material: Understory trees, evergreen trees, shrubs, native grasses, groundcover, and other plant materials may be used to supplement the required plantings as deemed appropriate by the Village Administrator or their designee but shall not create visibility concerns for automobiles and pedestrians.

         (d)   Design: Parking area end caps shall be protected with concrete curbing or other suitable barriers approved by the Village Administrator or their designee. Such end caps shall be properly drained and/or irrigated as appropriate to the site conditions to ensure survivability of plant materials and proper stormwater management function.

Figure 5.6. Parking Area Interior Landscape Zone Standards

   (H)    Transition Zone Landscape Requirement s: Transition zone landscape shall be required along interior property lines of all nonresidential, mixed-use, and multifamily development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. Landscape required by this Section shall be in addition to landscape required under other sections of this UDO.

      1.   Applicability: Transition zone landscaping is required as follows:

         (a)   The construction or installation of any new primary building or primary use; and

         (b)   The expansion of any existing primary building or primary use that results in an increase in gross floor area by more than five percent (5%) or one thousand (1,000) square feet, whichever is greater. In the case of expansions that trigger compliance with transition zone requirements, transition zone landscaping is required only in proportion to the degree of expansion. The Village Administrator or their designee is authorized to allow the transition zone to be established adjacent to the area of expansion or to disperse transition zone landscaping along the entire site transition zone.

      2.   Application Of Transition Zone Types: Transition zones shall be provided based on Table 9-5-02(H)(2), except where adjacent uses are of a similar nature, scale, and intensity as determined by the Village Administrator or their designee. As per Table 9-5-02(H)(2), the type of required transition zone is dependent upon the land use type of the subject lot and the land use type of the adjacent lot(s).

 

      3.   Transition Zone Types: Four (4) transition zone types are established in recognition of the different contexts that may exist, as shown in Table 9-5-02(H)(3). Transition zones may include a combination of elements including setback distances for separation, planting types, solid fencing, green walls, vegetated stormwater management areas, living groundcover, or turf.

 

   Figure 5.7. Transition Zone Type A

   Figure 5.8. Transition Zone Type B

   Figure 5.9. Transition Zone Type C

   Figure 5.10. Transition Zone Type D

   (I)   Species Diversity Requirements: The following species diversity standards shall be required for all developments, unless otherwise approved by the Village Administrator or their designee in conjunction with approval of vegetated stormwater management areas.

      1.   A minimum of fifty percent (50%) of the landscape elements utilized on a parcel that is less than one-half (0.5) acre shall be drought tolerant native species.

      2.   A minimum of sixty percent (60%) of the landscape elements utilized on a parcel that is between one-half (0.5) and five (5) acres shall be drought tolerant native species. Total landscape elements, excluding turf, shall not be comprised of more than thirty percent (30%) of any single species or fifty percent (50%) of any genus.

      3.   A minimum of seventy-five percent (75%) of the landscape elements utilized on a parcel that is greater than five (5) acres shall be drought tolerant native species. Total landscape elements, excluding turf, shall not be comprised of more than twenty percent (20%) of any single species or twenty-five percent (25%) of any genus.

   (J)   Tree Preservation: Preservation of existing high-quality trees within a new development or redevelopment site is highly encouraged. Preserved trees may fulfill a portion of the landscape requirements established in this Section. Should the developer propose to maintain existing high-quality trees to count toward satisfying certain landscape requirements of this UDO, the Village Administrator or their designee may, upon receipt of a tree preservation plan, waive certain landscape requirements if mature, high-quality trees on a lot are proposed to be preserved. If, upon inspection at the conclusion of the project, trees identified for preservation have been removed, damaged, or are otherwise in declining condition, all waived required landscape shall be installed.

   (K)   Installation And Maintenance Of Landscape Zones:

      1.   Immediately upon planting, all landscape shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc., as revised from time to time.

      2.   Dead plant materials shall be replaced within sixty (60) days upon notification from the Village, taking into consideration the season of the year, and shall have at least the same quantity and quality of landscape elements as initially approved. If the particular project is constructed in more than one (1) phase, the sixty (60) day timeframe shall apply to each individual phase.

      3.   All landscape shall be maintained in a healthy, clean, and weed-free condition. The ground surface of landscape areas shall be covered with either turf and/or other types of pervious groundcover or mulch.

      4.   All landscape zones shall be irrigated as follows:

         (a)   For stormwater management areas where irrigation is not specified, all installed plantings shall be guaranteed to the Village for a period of eighteen (18) months following municipal approval of installation. During this guarantee period, the landowner shall supply water as necessary to promote successful establishment and growth.

         (b)   Any required landscaped zone not intended for stormwater management, greater than one hundred and fifty (150) square feet in area, shall be provided with an underground irrigation system or be provided with a portable water supply within fifty (50) feet of said landscaped areas. (Ord. 23-0-05, 1-23-2023)

   (A)   Single Family And Duplex Driveway Standards: A single slab or ribbon driveway from the property line to legal, on-site parking shall be provided and shall be in conformance with the following criteria.

      1.   Limit Of One:

         (a)   One (1) single slab or ribbon driveway and one (1) curb cut shall be permitted per seventy-five (75) feet of lot frontage.

         (b)   New single-family detached residential parcels taking access from collector or arterial streets, as identified by the Chicago Metropolitan Agency For Planning (CMAP), shall share driveways in order to protect public safety by limiting curb cuts, unless otherwise approved as an administrative exception as detailed in Section 9-9-02(D).

      2.   Single-Slab Driveway Design Standards:

         (a)   Single-slab driveways shall not exceed thirty-three (33) feet in width.

         (b)   All single-slab driveways for single-family detached and duplex uses shall be improved with all-weather, hard surface pavement installed in accordance with one of the following standards and specifications:

            (1)   A two (2) inch thick bituminous concrete surface course on an eight (8) inch thick compacted crushed stone base commonly known as "driveway mix".

            (2)   A five (5) inch portland cement concrete surface on a four (4) inch thick compacted crushed stone base.

            (3)   Wire mesh shall be prohibited in the right-of-way including but not limited to driveway aprons and public sidewalks.

Figure 5.11. Single-Slap Driveway Standards

      3.   Parking Pad:

         (a)   Limit Of One: A single-slab driveway may be extended to include one (1) parking pad.

         (b)   Configuration:

            (1)   A parking pad shall be a minimum of nine (9) feet and a maximum of ten (10) feet in width.

            (2)   The portion of the parking pad adjacent to the driveway shall have a maximum length of twenty (20) feet, as measured from the front facade line of the garage. A minimum seven (7) foot taper shall be included in the twenty (20) foot maximum.

            (3)   The portion of the parking pad adjacent to the garage shall have a maximum length equal to the depth of the garage, as measured from the front facade line of the garage.

         (c)   Location: The parking pad shall be set back a minimum of five (5) feet from any side property line.

         (d)   Screening: A fully opaque fence with a height of six (6) feet shall be constructed in the side yard abutting the parking pad.

Figure 5.12. Parking Pad Standards

   (B)   Townhouse Driveway Standards:

      1.   Location:

         (a)   Where an off-street parking area of a corner lot abuts an alley or a corner side street, access to the off-street parking area shall be obtained from a driveway off the alley or corner side street.

         (b)   No lot shall have multiple driveways for purposes of vehicular ingress and egress without a minimum of three hundred (300) foot separation between such curb cuts along a street, unless otherwise approved by the Village Engineer.

      2.   Driveway Design Standards:

         (a)   One-way driveways for townhouse uses shall be a minimum of nine (9) feet wide and a maximum of twenty-four (24) feet wide at the property line.

         (b)   Two-way driveways for townhouse uses shall be a minimum of twenty (20) feet and a maximum of thirty-three (33) feet at the property line.

         (c)   All driveways for townhouse uses shall be improved with all-weather, hard surface pavement installed in accordance with the following standards and specifications:

            (1)   A two and five-tenths (2.5) inch thick bituminous concrete binder course and a one and five-tenths inch (1.5) thick surface course, State of Illinois Class I, shall be constructed over a compacted crushed stone base that is eight (8) inches thick, constructed in accordance with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition.

   (C)   Multifamily And Nonresidential Driveway Standards:

      1.   Location:

         (a)   Where an off-street parking area of a corner lot abuts an alley or a corner side street, access to the off-street parking area shall be obtained from a driveway off the alley or corner side street.

         (b)   No lot shall have multiple driveways for purposes of vehicular ingress and egress without a minimum of three hundred (300) foot separation between such curb cuts along a street, unless otherwise approved by the Village Engineer.

      2.   Driveway Design Standards:

         (a)   One-way driveways for multifamily and nonresidential uses shall be a minimum of nine (9) feet wide and a maximum of thirty-three (33) feet wide at the property line.

         (b)   Two-way driveways for multifamily and nonresidential uses shall be a minimum of twenty (20) feet and a maximum of thirty-six (36) feet at the property line.

         (c)   All driveways for multifamily and nonresidential uses shall be improved with all-weather, hard surface pavement installed in accordance with the following standards and specifications:

            (1)   A two and five-tenths (2.5) inch thick bituminous concrete binder course and a one and five-tenths (1.5) inch thick surface course, State of Illinois Class I, shall be constructed over a compacted crushed stone base that is eight (8) inches thick, constructed in accordance with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition. (Ord. 23-0-05, 1-23-2023)

   (A)   Grease Traps, Trash, And Recycling Receptacles: The following regulations shall apply to all nonresidential, mixed-use, and multifamily development.

      1.   Grease traps, trash, and recycling receptacles shall be screened on three (3) sides with a solid, opaque material with a minimum height of six (6) feet and a maximum height of eight (8) feet.

      2.   Materials used for screening shall complement the exterior building cladding materials of the primary building.

      3.   Materials and elevations for enclosures that are attached to buildings shall be designed to be integrated into the primary building.

      4.   If enclosures are to be attached to buildings, they shall comply with applicable fire and building codes.

      5.   Shrubs shall be installed every three (3) feet along the exterior of the enclosure, with the exception of enclosure openings, to provide a softening effect.

      6.   Enclosure openings shall be gated with an opaque material.

      7.   Enclosure openings shall be kept closed at all times except for when the receptacle is being accessed.

      8.   Property owners shall be responsible for ensuring that grease traps, trash, and recycling receptacles be placed in the enclosure at all times other than when it is being accessed.

      9.   Access drives shall be constructed of materials and to a thickness which accommodates truck loading. Year-round access to the enclosure area for service trucks shall be maintained by the property owner or tenant.

      10.   Enclosures shall be of an adequate size to accommodate expected containers. The enclosure shall be designed to be expandable to accommodate future additional containers.

      11.   Enclosure structures shall be designed to protect the walls from damage by containers. Such protection may be provided by the use of barrier curbing, reinforced masonry walls, or other similar means.

      12.   Grease traps, trash, and recycling receptacle enclosures shall not occupy areas used for required parking spaces.

   (B)   Ground/Wall Mounted Mechanical Units: The following regulations shall apply to all ground/wall-mounted mechanical units, including but not limited to generators, air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment. Tanks and / or silos accessory to a brewery, winery, and/or distillery are exempt from these requirements.

      1.   Locating mechanical units within the primary building is strongly encouraged to minimize exterior visual impacts. Ground-mounted mechanical units are prohibited within the front yard, regardless of whether screening is provided.

      2.   Ground/wall mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be screened from public view.

      3.   Materials used for screening shall be designed and established so that the area or element being screened is no more than twenty percent (20%) visible through the screen. Evergreen hedges or non-transparent walls such as stone masonry shall be allowed.

      4.   Chain-link fence or slats in chain-link fence shall not be used to meet this requirement.

Figure 5.13. Ground/Wall Mounted Mechanical Unit Screening Standards

(C)   Roof Mounted Mechanical Units: The following regulations shall apply to all roof mounted mechanical units, including but not limited to air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment which service multifamily, non-residential, or mixed-use developments.

      1.   Locating mechanical units within the primary building is strongly encouraged to minimize exterior visual impacts.

      2.   Roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be completely screened from public view.

      3.   Materials used for screening shall be architecturally integrated with the building and shall be continuous and permanent.

      4.   Screening shall be required when new equipment is installed and shall be provided around both new and existing roof mounted mechanical units in order to provide visual continuity. Normal maintenance of roof mounted mechanical units shall not mandate the screening requirements.

      5.   Additional screening may be required due to topographic differences in the adjoining properties.

Figure 5.14. Roof Mounted Mechanical Unit Screening Standards

   (D)   Loading Docks And Truck-Parking Areas: Loading docks and truck-parking areas that are visible from any property in a residential district shall be completely screened from view with a Type D transition zone as specified in Section 9-5-02(H)(3).

Figure 5.15. Loading Dock and Truck-Parking Area Screening Standards

(Ord. 23-0-05, 1-23-2023)

   (A)   General Provisions:

      1.   Location: All fences allowed in this Section shall be located:

         (a)   Wholly within property lines;

         (b)   Outside of a clear sight triangle as detailed in Section 9-5-06;

         (c)   A minimum of eighteen (18) inches from an underground utility access structure; drainage structure; telephone, electric, cable television or gas pedestal; or in any manner that would interfere with the maintenance for these utilities;

         (d)   In a manner which does not block access to underground utility access structures or fire hydrants;

         (e)   A minimum of two (2) inches above finished grade if located in a drainage swale or a drainage easement; and

         (f)   In a manner which does not inhibit the function of stormwater drainage structures.

Figure 5.16. General Fence Location Standards

      2.    Construction Standards:

         (a)    Wind Pressure Resistance:

            (1)    Fences of six (6) feet in height or less shall be designed and constructed to resist a horizontal wind pressure of not less than thirty-five (35) pounds per square foot, in addition to all other forces to which they may be subjected.

            (2)   Fences greater than six (6) feet in height shall be designed and constructed to resist a horizontal wind pressure of not less than forty-five (45) pounds per square foot, in addition to all other forces to which they may be subjected.

         (b)   Leaning Fences: Fences that are leaning at an angle of fifteen (15) degrees or greater are considered dangerous and shall be in violation of this UDO.

   (B)   Fences On Lots With Single-Family Detached And Duplex Uses: Fences on lots with single-family detached and duplex uses shall meet the requirements established below. Barbed wire, razor wire, or makeshift materials such as plywood or tarps shall be prohibited on lots with single-family detached and duplex uses. All fences shall be erected so that the posts and all other supporting members face inward toward the owner's property.

      1.   Fences In Front Yards:

         (a)   Height: Fences in front yards shall not exceed four (4) feet in height.

         (b)   Setback: Fences in front yards shall be set back a minimum of seven (7) feet from the property line.

         (c)    Materials:

            (1)   Fences in front yards shall be of non-sight barrier construction and have a maximum opacity of fifty percent (50%).

            (2)   Fence materials utilized in front yards shall complement fence materials utilized in other yards.

            (3)   Permitted fence materials shall be only those materials which are designed and intended for use in fence installations and shall be limited to:

               (i)   Wood, chemically treated or naturally resistant to decay;

               (ii)   Wood Composites;

               (iii)   Aluminum;

               (iv)   Vinyl/PVC;

               (v)   Wrought Iron; and

               (vi)   As approved by the Village Administrator or their designee.

Figure 5.17. Fence Standards in Front Yards for Single-Family Detached and Duplex Uses

      2.   Fences In Exterior Side Yards:

         (a)   Height: Fences in exterior side yards shall not exceed six (6) feet in height.

         (b)   Taper: Fences in exterior side yards shall taper to a maximum height of four (4) feet within five (5) feet of the front facade of the primary building.

         (c)   Setback: Fences in exterior side yards shall be setback a minimum of seven (7) feet from the property line.

         (d)   Materials:

            (1)   Fences in exterior side yards may be one hundred percent (100%) opaque.

            (2)   Fence materials utilized in exterior side yards shall complement fence materials utilized in other yards.

            (3)   Permitted fence materials shall be only those materials which are designed and intended for use in fence installations and shall be limited to:

               (i)   Wood, chemically treated or naturally resistant to decay;

               (ii)   Wood Composites;

               (iii)   Aluminum;

               (iv)   Vinyl/PVC;

               (v)   Wrought Iron; and

               (vi)   As approved by the Village Administrator or their designee.

Figure 5.18. Fence Standards in Exterior Side Yards For Single-Family Detached and Duplex Uses

      3.    Fences In Interior Side And Rear Yards:

         (a)   Height: The maximum height of a fence in interior side yards and rear yards shall be six (6) feet.

         (b)   Materials:

            (1)   Fence materials utilized in interior side yards and rear yards shall complement fence materials utilized in other yards.

            (2)   Fences in interior side and rear yards may be one hundred percent (100%) opaque.

            (3)   Permitted fence materials shall be only those materials which are designed and intended for use in fence installations and shall be limited to:

               (i)   Wood, chemically treated or naturally resistant to decay;

               (ii)   Wood Composites;

               (iii)   Aluminum;

               (iv)   Vinyl/PVC;

               (v)   Wrought Iron;

               (vi)   Chain Link without slats or inserts; and

               (vii)   As approved by the Village Administrator or their designee.

Figure 5.19. Fence Standards in Interior Side and Rear Yards For Single-Family Detached and Duplex Uses

   (C)   Fences On Lots With Townhome, Multifamily, Mixed-Use, And Nonresidential Uses:

      1.    Height: The maximum height of fences on a lot with townhome, multifamily, mixed-use, and nonresidential uses shall not exceed six (6) feet.

      2.   Location: Fences on lots with townhome, multifamily, mixed-use, and nonresidential uses shall be located in rear and interior side yards only, with the exception of fences on lots in the M-1 Light Manufacturing District which may be located in exterior side, interior side, and rear yards only. Fences located in the exterior side yard in the M-1 Light Manufacturing District shall be buffered from the sidewalk by a Type B Transition Zone as detailed in Section 9-5-02(H).

      3.   Barbed Wire: In the M-1 Light Manufacturing District, barbed wire may be utilized in interior side and rear yard fences and shall be limited to a maximum height of one (1) foot, and a maximum of three (3) strands of wire. The barbed wire shall not be included in the determination of fence height.

   (D)   Fences In Exterior Side Or Rear Yards Adjacent Specified Roadways:

      1.   Specified Roadways: The standards established in subsections (2-3) below shall apply to the following roadways:

         (a)   Illinois Route 83;

         (b)   Plainfield Road;

         (c)   75th Street; and

         (d)   Madison Street.

      2.   Height: The maximum height of a fence in exterior side or rear yards adjacent to the roadways listed in subsection (1) above shall be eight (8) feet.

      3.   Materials:

         (a)   Fence materials utilized in exterior side or rear yards adjacent to the roadways listed in subsection (1) above shall complement fence materials utilized in other yards.

         (b)   Fences in exterior side or rear yards adjacent to the roadways listed in subsection (1) above may be one hundred percent (100%) opaque. (Ord. 23-0-05, 1-23-2023)

   (A)   Unobstructed visibility shall be maintained at the intersection of any driveway and right-of-way, and at the intersection of two (2) or more streets. Such area of unobstructed visibility shall be referred to as a clear sight triangle.

   (B)   The clear sight triangle shall be measured perpendicular to and starting at the back of curb or edge of pavement of each intersecting street or driveway.

   (C)   The minimum distance at any intersection shall be fifteen (15) feet. Greater distances may be required based on the criteria of the American Association of State Highway and Transportation Officials (AASHTO), the Illinois Department of Transportation (IDOT), and the discretion of the Village Engineer.

   (D)   The maximum height of any building or structure within the clear sight triangle shall be three (3) feet. (Ord. 23-0-05, 1-23-2023)

   (A)   Intent: The intent of the standards of this Section is to improve the pedestrian environment in the Village and support walking as a mode of transportation throughout Willowbrook.

   (B)   Applicability: The standards of this Section shall apply to all new development and substantial redevelopment throughout the Village. Substantial redevelopment shall be considered redevelopment that equates to fifty percent (50%) or more of the assessed value of the subject property.

   (C)   General Standards: Sidewalks, designed and constructed in accordance with standard specifications adopted, from time to time, by the Village Board shall be constructed on both sides of all streets, unless otherwise restricted by the Illinois Department of Transportation or by DuPage County.

   (D)   Design Standards:

      1.   Sidewalks shall have a minimum width of five (5) feet and shall comply with all standards of the Americans with Disabilities Act, as amended.

      2.   Where existing sidewalk abuts an area where new sidewalk is to be developed, the new sidewalk shall be the same width as the existing sidewalk.

      3.   Where the existing right-of-way is substandard, the fronting property owner shall be required to dedicate the appropriate amount of right-of-way (as measured from the centerline of the existing street) as well as install all sidewalk improvements.

   (E)   Payment In Lieu: In lieu of installing required sidewalks, the Plan Commission may recommend, and the Village Board may approve a payment in lieu (in accordance with an adopted annual fee schedule). (Ord. 23-0-05, 1-23-2023)

   (A)   Applicability: The standards of this Section shall apply to all townhouse, multifamily, mixed-use, and nonresidential development.

   (B)   Exterior Building Cladding Materials: Allowable exterior building cladding materials shall be as detailed in Table 9-5-08(B) below. Glazing shall not be included in the facade material calculations. When part of a common development, buildings shall utilize materials that are consistent with or complement surrounding development.

 

   (C)   Facade Articulation: Articulation involves the horizontal and vertical variation of the facade so that walls are subdivided into bays or sections that are vertically proportioned. The following provisions for facade articulation shall apply to any building elevations facing a public right of way or property in a residential district.

      1.   The frontage of the building shall be divided into architecturally distinct sections or bays with each section taller than it is wide.

      2.   Sections or bays shall be visually established by architectural features such as columns, ribs, pilasters, piers, recesses, projections, windows, awnings, arcades, or an equivalent element that visually subdivides the wall with a roof or cap features that provides a rational terminus and integrates with the overall design of the facade.

      3.   The required dividing elements shall have a minimum width of one (1) foot and minimum projection to width ratio of 1:4.

Figure 5.20. Facade Articulation Standards

   (D)   Glazing:

      1.   Transparency Zone: Glazing that is transparent under all lighting conditions shall extend from a base of contrasting material (not exceeding four (4) feet in height above the adjacent grade) to at least the height of the door head. Table 9-5-06(D)(1) details the minimum required percentage of square footage in the transparency zone that must have a glazing treatment.

 

 

      2.   Upper Story Glazing: A minimum of twenty percent (20%) of the square footage of upper stories of buildings in the B District shall include glazing.

      3.   Glazing To Be Dispersed: Required glazing shall not be aggregated into a single, undivided area of glazing treatment. Individual glazing areas shall not span more than fifteen (15) linear feet. (Ord. 23-0-05, 1-23-2023)

   (A)   Fixture Classification: All outdoor lighting fixtures, with the exception of wall mounted accent lighting, shall either have a fixture cutoff classification of "Full Cutoff" or be fully shielded, unless otherwise expressly permitted in this UDO.

   (B)   LED Fixtures: All outdoor lighting utilizing a light-emitting diode (LED) fixture shall meet the following standards:

      1.   Color Rendering: Outdoor LED fixtures shall be rated a minimum Color Rendering Index (CRI) value of seventy (70) or higher.

      2.   Color Temperature: Outdoor LED fixtures shall have a correlated color temperature between four thousand (4,000) and five thousand (5,000) degrees Kelvin.

   (C)   Pole Mounted Outdoor Lighting:

      1.   Pole Placement: Pole-mounted outdoor lighting shall be located outside of utility easements, designed in coordination with required landscape zones.

      2.   Maximum Pole Height: Pole-mounted fixtures shall be mounted at heights no greater than thirty-seven (37) feet above grade.

   (D)   Wall Mounted Accent Lighting: Wall mounted accent lighting shall be integrated with the architectural character of the building and shall use low-luminosity lamps, with two thousand (2,000) source lumens or less. The illumination on any vertical surface shall not exceed one-half (0.5) maintained foot candle and shall not spill over roof lines or building edges.

   (E)   Outline Lighting Prohibited: Outline lighting shall be prohibited from signs, buildings, and structures.

   (F)   Maximum Light Level At Property Line:

      1.   On lots adjacent to lots in a Nonresidential District, all outdoor lighting fixtures shall be designed and located so that the maximum light level shall be one-half (0.5) maintained foot candles at any property line.

      2.   On lots adjacent to lots in a Residential District, all outdoor lighting fixtures shall be designed and located so that the maximum light level shall be zero (0) maintained foot candles at any property line.

   (G)   Light Level Measurement:

      1.   Location: Light level measurements shall be made at the property line of the property upon which the light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with the sensor in the horizontal position and not mounted more than six (6) inches above ground level, and with the lightregistering portion of the meter held parallel to the ground and pointing upward.

      2.   Light Meter Specifications: Light levels shall be measured in foot candles with a direct-reading portable light meter. The meter shall have:

         (a)   Cosine and color correction;

         (b)   An accuracy tolerance of no greater than plus or minus five percent (5%); and

         (c)   Been calibrated within the last two (2) years. (Ord. 23-0-05, 1-23-2023)

   (A)   Applicability:

      1.   New Uses: All uses hereafter established in all districts shall comply with the performance standards of this title.

      2.   Existing Conforming Uses: Any such existing use which, on the date this chapter is adopted, complies with the applicable performance standards of this title shall continue to comply. If, at such time, the operations of any lawful existing use violate the performance standards of this title, such operations shall not be varied or changed in such a way as to increase the degree of such violation.

      3.   Existing Nonconforming Uses:

         (a)   Any business or commercial use that is located in a zoning district in which such use is not permitted but which is a lawful nonconforming use and which complies, on the date this chapter is adopted, with the performance standards of this title, shall continue to so comply. If, at such time, the operations of such lawful nonconforming business or commercial use violate such standards, then such operations shall not be varied or changed in such a way as to increase the degree of such violation.

         (b)   Any industrial or manufacturing use that is located in a zoning district in which such use is not permitted but which is a lawful nonconforming use and which complies, on the date this chapter is adopted, with all of the performance standards of this title, shall continue to so comply. If, at such time, the operations of such lawful nonconforming industrial or manufacturing use violate such standards, then such operations shall not be varied or changed in such a way as to increase the degree of such violation.

      4.   Conflicting Provisions: In the event that any of the provisions contained in this chapter conflict with the provisions found elsewhere in this Code, the more restrictive Code, rule, regulation or provision shall govern.

   (B)   Noise Standards:

      1.   Required Performance Level: No operation or activity shall cause or create noise in excess of the sound levels prescribed below.

      2.   Method Of Measurement: For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Sounds of short duration as from forge hammers, punch presses, and metal shears which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer.

         (a)   Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1.6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with tables IA and IIA of this Section. Octave band analyzers calibrated with pre-1960 octave band (American Standards Association 224.10-1953, Octave Band Filter Set) shall use tables IB and IIB of this Section.

         (b)   For impact sounds measured with the impact noise analyzer, the sound pressure levels set forth in Tables 9-5-10(B)(4)(a) of this Section may be increased by six (6) decibels in each octave band.

      3.   Exemptions: The following uses and activities shall be exempt from the noise level regulations:

         (a)   Noises not directly under the control of the property user.

         (b)   Noises emanating from construction and maintenance activities between the hours of seven o'clock (7:00) A.M. and seven thirty o'clock (7:30) P.M. on weekdays, other than Saturday, and between the hours of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. on Saturday. Noise emanating from construction and maintenance activities on Sunday or legal holidays when conducted pursuant to Section 4-2-18 of the Village of Willowbrook Municipal Code.

         (c)   The noises of safety signals, warning devices and emergency pressure relief valves.

         (d)   Transient noises of moving sources such as automobiles, trucks, airplanes and railroads.

      4.   Standards In All Districts:

         (a)   At Residential District Boundaries: In all districts, at no point on or beyond the boundary of a residential district shall the sound pressure level resulting from any use, operation or activity exceed the maximum permitted sound levels as set forth in Table 9-5-10(B)(4)(a).

 

 

         (b)   At Lot Lines: In all districts, at no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use, operation, or activity exceed the maximum permitted decibel levels for the designated octave bands as set forth in Tables 9-5-10(B)(4)(b) of this Section.

 

 

      5.   Prohibited Activities: Notwithstanding any provision contained in this Code to the contrary, from and after the effective date of this title, the owner and/or occupant of any premises shall not permit any of the following activities to be conducted on said premises from ten o'clock (10:00) P.M. to six o'clock (6:00) A.M., within six hundred (600) feet of any residential district boundary.

         (a)   The collection, pick-up or disposal of refuse, recyclable materials, empty containers, drums, etc., or any other reusable product or device, except when conducted entirely within a completely enclosed building;

         (b)   The sweeping or cleaning of any parking lot or sidewalk by any mechanical means;

         (c)   The shipping or receiving of any goods, merchandise or any other materials, except when conducted entirely within a completely enclosed building;

         (d)   The use of amplified music without a Special Event Permit per Section 9-9-02(H);

         (e)   Outdoor concert or outdoor entertainment without a Special Event Permit per Section 9-9-02(H); or

         (f)   Any other outdoor maintenance activity requiring the use of any mechanical device or outdoor event without a Special Event Permit per Section 9-9-02(H).

   (C)   Earthborne Vibration Standards:

      1.   Required Performance Level: No activity or operation shall cause or create earthborne vibrations in excess of the displacement values given below.

      2.   Method Of Measurement: Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line, as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula:

      3.   Standards In The LOR Limited Office And Research And M-1 Light Manufacturing Districts: In the LOR Limited Office and Research and M-1 Light Manufacturing Districts, the maximum earth displacement permitted at the points described below shall be determined by use of the formula in subsection (2) of this Section and the appropriate K constant shown in table III of this Section.

 

   (D)   Smoke And Particulate Matter Standards:

      1.   Required Performance Level: No operation or activity shall cause or create the emission of smoke from any vent, stack, chimney, flue or other opening that exceeds the density or equivalent opacity prescribed below. The total emission of particulate matter from all vents, stacks, chimneys, flues or other openings of any process, operation or activity shall not exceed the particulate matter limitations prescribed below.

      2.   General Limitations:

         (a)   Particulate matter emissions caused by the wind from open storage areas, yards, roads, etc., shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting or other means.

         (b)   No operation shall cause or allow to be emitted into the open air from any process or control equipment or to pass any convenient measuring point in a breeching or stack particulate matter in the gases that exceeds 0.60 pounds per thousand pounds of gases during any one hour.

      3.   Method Of Measurement:

         (a)   Smoke: For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann chart as adopted and published by the United States Bureau of Mines in Circular No. 6888 shall be employed.

         (b)   Particulate Matter: Particulate matter loadings in pounds per acre described below shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate. In computing pounds per acre, the gross area of the zoning lot on which the use is located shall be employed.

      4.   Standards In M-1 Light Manufacturing District:

         (a)   Smoke: The continuous emission of smoke from any vent, stack, chimney or combustion process shall not exceed a density or equivalent opacity of Ringelmann no. 1. Smoke exceeding Ringelmann no. 1 but not exceeding Ringelmann no. 3 shall be permitted up to three (3) minutes during any four (4) hour period. Smoke in excess of Ringelmann no. 3 is prohibited.

         (b)   Particulate Matter: The emission of particulate matter from all vents, stacks, chimneys and openings of any operation shall not exceed 0.2 pounds per hour per acre.

   (E)   Toxic Matter Standards:

      1.   Required Performance Level: No operation or activity shall cause or create the emission of toxic matter in amounts or quantities that exceed the levels prescribed below.

      2.   Method Of Measurement: In determining the maximum permissible concentration allowed an industrial worker, the most recent listing of threshold limit values published by the American Conference of Governmental Industrial Hygienists shall be used. If a toxic substance is not contained in the most recent listing of threshold limit values published by the American Conference of Governmental Industrial Hygienists, then the applicant shall satisfy the DuPage County Health Department that the proposed levels will be safe to the general population. Concentrations shall be measured and calculated as the highest average that will occur over a continuous eight-hour period.

      3.   Standards In The LOR Limited Office And Research And M-1 Light Manufacturing Districts: In the LOR Limited Office Research and M-1 Light Manufacturing Districts, a release of airborne toxic matter (including radioactive matter) shall not exceed ten percent (10%) of the maximum permissible concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive.

 

   (F)   Odorous Matter Standards:

      1.   Required Performance Level:

         (a)   No operation or activity shall cause or create the emission of odorous matter or vapor in amounts or quantities that exceed the levels prescribed for the zoning district in which such operation or activity is located.

         (b)   No operation or activity shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause, or will cause, odorous matter or vapor to be generated or occur at a point distant from the source of such materials in amounts or quantities that exceed the levels prescribed for the zoning district in which such odorous matter or vapor is generated. When the release of such materials causes, or will cause, the generation of odorous matter or vapor in a residential or business district, the amounts or quantities thereof shall not exceed the levels permitted in the M-1 Light Manufacturing District.

      2.   Method Of Measurement: The emission of odorous matter shall be measured by the "Standard Method for Measurement of Odor in Atmosphere" (dilution method), method D-1391-57 of the American Society for Testing and Measurement.

      3.   Standards In The M-1 Light Manufacturing District: When odorous matter, or material capable of becoming odorous, is released from any operation, activity or use, the concentration of such odorous matter or vapor shall not exceed the odor threshold when measured beyond the lot line, either at ground level or habitable elevation.

   (G)   Hazardous Materials Standards:

      1.   Required Performance Level: All operations, activities and uses shall be conducted so as to comply with the performance standards governing hazardous materials prescribed below.

      2.   Definitions: The following terms as used in this Section shall have the meaning respectively ascribed to them in this subsection unless the context otherwise requires.

         (a)   Boiling Point: Is the temperature at which the vapor pressure equals atmospheric pressure, such that the pressure of the atmosphere can no longer hold the liquid in a liquid state and bubbles begin to form. In general, a low boiling point (Class IA) indicates a high vapor pressure and, possibly, an increased fire hazard.

         (b)   Chemical: An element, chemical compound or mixture of elements or compounds or both.

         (c)   Container: A vessel of sixty (60) gallons or less in capacity used for transporting or storing hazardous materials. Pipes, piping systems, engines and engine fuel tanks are not considered to be containers.

         (d)   Cylinder: A pressure vessel designed for pressures higher than forty (40) psia (275.6 kPa) and having a circular cross section. It does not include a portable tank, multiunit tank car tank, cargo tank or tank car.

         (e)   Environmentally Damaging Substances: Any substance spilled or released into the environment in sufficient quantity so as to cause actual or potential human health problems if not dealt with by remedial action, or to contaminate air, land or water.

         (f)   Explosion: An effect produced by the sudden violent expansion of gases, which may be accompanied by a shock wave or disruption, or both, of enclosing materials or structures. An explosion could result from chemical changes such as rapid oxidation, deflagration, or detonation, decomposition of molecules and run-away polymerization (usually detonation).

         (g)   Facility: Any building, structure, installation, equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or air craft or any site where hazardous materials or environmentally damaging substances have been deposited, stored, disposed of, placed or otherwise came to be located.

         (h)   Flammable Gas: A material which is a gas at sixty eight degrees Fahrenheit (68°F) or less at 14.7 pounds per square inch atmosphere (psia) (101 kPa) of pressure (a material that has a boiling point of 68°F or less at 14.7 psia (101 kPa)) which:

            (1)   Is ignitable at 14.7 psia (101 kPa) when in a mixture of thirteen percent (13%) or less by volume with air; or

            (2)   Has a flammable range at 14.7 psia (101 kPa) with air of not less than twelve percent (12%), regardless of the lower limit.

            (3)   The limits specified shall be determined at 14.7 psia (101 kPa) of pressure and a temperature of sixty eight degrees Fahrenheit (68°F) in accordance with ASTM E681.

         (i)   Flammable Liquid: A liquid having a closed cup flashpoint below one hundred degrees Fahrenheit (100°F). Flammable liquids are further categorized into a group known as Class I liquids. The Class I category is subdivided as follows:

            (1)   Class IA: Liquids having a flashpoint below seventy three (73) degrees Fahrenheit and having a boiling point below one hundred degrees Fahrenheit (100°F).

            (2)   Class IB: Liquids having a flashpoint below seventy three (73) degrees Fahrenheit and having a boiling point at or above one hundred degrees Fahrenheit (100°F).

            (3)   Class IC: Liquids having a flashpoint at or above seventy three (73) degrees Fahrenheit and below one hundred (100) degrees Fahrenheit.

            (4)   The category of flammable liquids does not include compressed gases or cryogenic fluids.

         (j)   Flammable Liquified Gas: A liquefied compressed gas which, under a charged pressure, is partially liquid at a temperature of sixty eight (68) degrees Fahrenheit and which is flammable.

         (k)   Flammable Material: A material capable of being readily ignited from common sources of heat or at a temperature of six hundred (600) degrees Fahrenheit or less.

         (l)   Flammable Solid: A solid, other than a blasting agent or explosive, that is capable of causing fire through friction, absorption of moisture, spontaneous chemical change or retained heat from manufacturing or processing, or which has an ignition temperature below two hundred twelve (212) degrees Fahrenheit or which burns so vigorously and persistently when ignited as to create a serious hazard. A chemical shall be considered a flammable solid as determined in accordance with the test method of CPSC 16 CFR part 1500.44, if it ignites and burns with a self-sustained flame at a rate greater than 0.0866 inch per second along its major axis.

         (m)   Flashpoint: Is the minimum temperature at which the vapor concentration near the surface of the liquid is high enough to form an ignitable mixture. Any liquid with a flashpoint less than one hundred (100) degrees Fahrenheit (Class IA) is considered to be a flammable liquid. A liquid with a flashpoint between one hundred (100) degrees Fahrenheit and two hundred (200) degrees Fahrenheit is combustible. In general, the relative hazard of a flammable liquid increases as the flashpoint decreases.

         (n)   Hazardous Material: Substances or materials in quantity and forms that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce. Such materials include but are not limited to: explosives, blasting agents, poisons, flammable and combustible liquids, flammable and non-flammable gases, corrosives, oxidizers, organic peroxides, flammable solids, radioactive materials, etiological agents. Hazardous materials also include hazardous substances and hazardous wastes.

         (o)   Hazardous Substances: Any substance designated under the Clean Water Act and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC sec. 9601 et seq.), as now or hereafter amended, as posing a threat to the waterways and the environment when released.

         (p)   Hazardous Waste: Discarded material under Resource Conservation and Recovery Act (RCRA) (42 USC sec. 6901 et seq.) regulated by the United States Environmental Protection Agency because of public health and safety concerns.

         (q)   Release: Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, disposing, exploding or burning of hazardous materials or environmentally damaging substances into or on any land, air, water, well, stream, sewer, or pipe such that hazardous materials or any constituent or environmentally damaging substances thereof, that may enter the environment.

         (r)   Responsible Party Or Parties: Include the following:

            (1)   The owner and operator of a facility or vessel from which there is a fire or release or threatened release of hazardous materials or environmentally damaging substances;

            (2)   Any person who at the time of disposal, transport, storage, or treatment of hazardous materials or environmentally damaging substances owned or operated the facility or vehicle used for such disposal, transport, treatment or storage from which there was a fire, release or threatened release of hazardous materials or environmentally damaging substances;

            (3)   Any person who by contract, agreement or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials or environmentally damaging substances owned, controlled or possessed by such person at a facility owned and operated by another party or entity from which there is fire, release or threatened release of such hazardous materials or environmentally damaging substances;

            (4)   Any person who accepts or accepted any hazardous materials or environmentally damaging substances for transport to disposal, storage or treatment sites from which there is a fire, release or threatened release of hazardous materials or environmentally damaging substances;

            (5)   In the case of an abandoned facility or vehicle any person owning or operating the abandoned facility or any person who owned or operated or otherwise controlled activities at the abandoned facility immediately prior to abandonment; and

            (6)   In the case of a land trust owning or operating a facility or vehicle the person owning the beneficial interest in the land trust.

         (s)   Tank: A vessel containing more than sixty (60) gallons.

         (t)   Vapor Pressure: Is a measure of a liquid's volatility. A high vapor pressure usually is an indication of a volatile liquid, or one that readily vaporizes.

         (u)   Volatility: Is the tendency or ability of a liquid to vaporize.

      3.   General Requirements:

         (a)   Safe Hazardous Materials Storage Required: Hazardous materials shall be stored in such a way that products which, when mixed, react violently or evolve toxic fumes, vapors or gases, or that, in combination, become hazardous by reason of toxicity, oxidizing power, flammability or other properties are not in close proximity. These materials shall be handled, stored, utilized or manufactured in accordance with the International Fire Code ("IFC"), as adopted by the Village, and shall be stored separately, segregated by distance, partitions, or other methods as required by the IFC.

         (b)   Unlawful Releases Prohibited: No person shall cause, threaten, or allow the release of hazardous materials, unless such release is in accordance with an appropriate permit granted by the Illinois Environmental Protection Agency ("IEPA") or other State or Federal agency having primary authority over the release, as permitted by the IEPA, and such release is in such a place and manner as will not create a hazard to human health, property, or the environment. Any prohibited release is hereby declared a public nuisance. Any violation of this Section shall be subject to the general penalty provisions of this Code and/or revocation of any Special Use Permit issued.

         (c)   Materials: Activities involving the manufacturing, processing, generation, storage or utilization, or any combination thereof, of the following materials or products are permitted only in accordance with the regulations of each zoning district. Such materials or products shall include, but are not limited to, the following:

            (1)   Any material or product which contains a chemical compound, mixture or device, the primary or common purpose of which is to function by explosion including any material or product determined to be within the scope of the United States Code (USC) title 18: chapter 40 or any material or product classified as an explosive by the International Fire Code ("IFC"), as adopted by the Village, other than consumer fireworks, 1.4G (Class C, common) by the hazardous materials regulations of the Department of Transportation ("DOT") 49 CFR, parts 100 - 185.

            (2)   Nuclear fuels, fissionable materials and products and reactor elements such as uranium 235 and plutonium 239.

            (3)   Any materials or products that constitute a physical or health hazard as identified by the IFC, as adopted by the Village, as high-hazard group H occupancies.

            (4)   Any chemicals governed by the Environmental Protection Agency ("EPA") and regulated by the IEPA.

         (d)   Liability For Costs: Each responsible party or parties shall be liable to the Village of Willowbrook for all costs incurred by the Village resulting from a fire, release or threatened release involving hazardous materials. This Section shall not limit any fines or penalties resulting from a successful prosecution for violation of this Code.

      4.   Standards In The M-1 Light Manufacturing District:

         (a)   The use of a facility, building or structure, or a portion thereof, that involves the manufacturing, processing, generation, storage or utilization, or any combination thereof, of any of the materials or products identified under subsection (3)c of this Section shall be allowed only as a special use.

            (1)   Exceptions: Hazardous materials that are utilized for the following on-site activities: yard and building maintenance, custodial services, forklift operations, and other ancillary purposes as authorized by the building official.

         (b)   The use of a facility, building or structure, or a portion thereof, that involves the manufacturing, processing, generation, storage or utilization, or any combination thereof, of materials or products that constitute a physical or health hazard as identified in the IFC, as adopted by the Village, as high-hazard group H occupancies shall require you to make an application for a Village of Willowbrook issued operational permit for the purpose of assisting facilities in correctly reporting chemicals, their quantities, locations, and hazards for the benefit of alerting emergency response agencies to chemical hazards at a facility should an emergency occur. Having properly informed emergency responders allows a more effective and well-organized response and can limit liability and injuries during a response effort due to one or more of the following issues:

               (i)   Hazardous or flammable materials or processes.

               (ii)   High fire loads.

               (iii)   Materials or processes that have unique fire management characteristics, as determined by the authority having jurisdiction over the matter.

            (1)   Exceptions: Hazardous materials that are utilized for the following on-site activities: yard and building maintenance, custodial services, forklift operations, and other ancillary purposes as authorized by the building official.

         (c)   The use of a facility, building or structure, or a portion thereof, that involves the manufacturing, processing, generation, utilization or storage, or any combination thereof, of hazardous materials or products that require a permit or reporting by the United States Environmental Protection Agency ("EPA") or the Illinois Environmental Protection Agency ("IEPA"), shall, prior to commencement of operations, provide a copy of any permit(s) or report(s) required by the EPA or IEPA to the Village.

         (d)   The manufacturing, processing, generation, storage or utilization, or any combination thereof, of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with Table 9-5-10(G)(4)(d) of this subsection, except that the storage of finished products in original sealed containers as defined in this Section shall be permitted.

 

   (I)   Glare Standards:

      1.   Required Performance Level: No operation or activity shall be conducted so as to cause or create glare in excess of the amounts permitted below.

      2.   Standards For All Districts: Any operation, activity or other source of illumination producing glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.5 foot-candles in any Residential District or public right-of-way. (Ord. 23-0-05, 1-23-2023)

Those lands within the jurisdiction of the Village that are subject to inundation shall be designated and regulated by the "DuPage County Countywide Stormwater And Floodplain Ordinance Adopted", as amended. (Ord. 23-0-05, 1-23-2023)