Wood Dale City Zoning Code
ARTICLE IX
PERFORMANCE STANDARDS
Sec. 17.901. Purpose.
The purpose of this Article is to establish regulations and standards for the installation, establishment and operation of nonresidential uses in the City based upon consideration of the objectionable characteristics of such uses and the zoning districts in which they are permitted. This Article also is intended to prescribe the procedures and methods of measurement of the installation, establishment and operation characteristics of nonresidential uses subject to such standards. (Ord. O-22-017, 5-19-2022)
Sec. 17.902. Certificate Of Compliance.
A. No use permitted in any manufacturing or commercial district shall be issued a zoning certificate until a certified statement has been signed by a qualified professional engineer and a responsible agent for the proposed use stating that all provisions of the performance standards set forth in this Article will be met.
B. No use permitted in any industrial or commercial district shall be issued a certificate of compliance until all provisions of this Article have been complied with and tests on operating equipment made under normal operating conditions have been performed indicating full compliance with all performance standards. Such statement shall be certified and signed by a qualified professional engineer and a responsible agent for the operating use. (Ord. O-22-017, 5-19-2022)
Sec. 17.903. Enforcement.
The Development Administrator shall enforce the provisions of this Article pursuant to the authority and enforcement and penalty provisions in Article 11 of this Article. In addition, the Development Administrator may require install monitoring equipment to ensure continuous compliance with the prescribed standards of this Article. (Ord. O-22-017, 5-19-2022)
Sec. 17.904. Violations.
Violators found to be in noncompliance with this Article will be liable for inspection fees and costs as well as any penalties imposed pursuant to the Article and, without limitation, by any court of law. (Ord. O-22-017, 5-19-2022)
Sec. 17.905. Performance Standards.
A. Toxic Substances: Regulations pertaining to all toxic substances shall be as follows:
1. Definitions:
HIGHLY TOXIC SUBSTANCES: | A highly toxic substance is hereby defined as a chemical or substance that is listed as an Extremely Hazardous Substance by the Environmental Protection Agency (EPA), as may be amended from time to time. |
TOXIC SUBSTANCE: | Any gas, liquid, solid, semisolid substance or mixture of substances, which if discharged into the environment could, alone or in combination with other substances is likely to be present in the environment, cause or threaten to cause bodily injury, illness or death to members of the general public through ingestion, inhalation, or absorption through any bodily surface. In addition, substances which are corrosive, irritants, strong sensitizers, or radioactive substances (other than highly toxic radioactive substances) shall be considered toxic substances for the purposes of this regulation. |
2. Regulation:
a. Highly Toxic Substances: The storage, use or handling of highly toxic material as defined in Section 17.905.A.1.a. shall be as required by applicable regulations of the Illinois Pollution Control board, \and all other applicable City regulations and ordinances, as adopted or amended from time to time.
b. Toxic Material: The use, storage, handling or transport of toxic substances as defined in Section 17.905.A.1.b. shall comply with applicable regulations of the Illinois Pollution Control Board, and all other applicable City regulations and ordinances, as may be adopted or amended from time to time.
c. Permit Required: Any person, firm or corporation engaged in the use, storage, handling or transportation of Highly Toxic substances shall be required to obtain permits from the City and the Wood Dale Fire Protection District. Permit applicants shall provide all information as determined necessary by the Fire District to ascertain compliance with the above referenced and adopted rules and regulations. The Fire District shall make an inspection of the applicant’s premises to determine such compliance prior to the issuance of the permit.
B. Fire and Explosion Hazards: Materials that present potential fire and explosive hazards shall be transported, stored and used only in conformance with all applicable federal, state and City laws.
C. Air Pollution: Any visual emissions, particulate matter emissions, odor, airborne toxic material and other air pollution shall meet the current standards of the Illinois Pollution Control Board; Title 35, Subtitle B, “Air Pollution”, Article I, Pollution Control Board, as may be amended from time to time.
D. Odor: The release of materials intrinsically odorous or capable of being odorous, either by bacterial decomposition or chemical reaction, which renders it perceptible from beyond the lot shall be prohibited.
E. Radiation Hazards: The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with applicable regulations of the atomic energy commission, and the applicable regulations of any instrumentality of the state of Illinois.
F. Vibration: The following requirements shall apply to all nonresidential uses:
1. Any process or equipment that produces intense earth-shaking vibrations - such as are created by drop forges, hydraulic surges or other processes - shall be set back at least five hundred (500) feet from the property boundaries on all sides. However, in no case shall such vibrations be allowed to create a Public Nuisance or hazard beyond the property boundaries.
2. Exceptions: The provisions of this Section 17.905.F. shall not apply to sound emitted from equipment being used for permitted construction between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M., of each day.
G. Glare: All lighting shall meet the following requirements.
1. All lighting sources, on properties other than those zoned for single-family residential use, shall be arranged to reflect light away from adjoining properties in a manner that does not produce glare clearly visible beyond a property line so as to cause nuisance or impairment of vision. Glare is best reduced when the light source is not visible from adjacent properties. Therefore, the use of lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate nuisance and hazardous lighting to facilitate compliance with this requirement.
2. In all residential zoning districts, no light source shall cause illumination in excess of one tenth (0.1) foot-candle in residential districts at any property lot line.
H. Electromagnetic Interference: There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or than does not conform to the regulations of the federal communications commission.
I. Water Pollution:
1. All land uses shall comply with all applicable rules and regulations of the State of Illinois Pollution Control Board regarding water pollution, Title 35, Subtitle C, entitled “Water Pollution”, as amended from time to time.
2. Industrial Waste: All industrial waste disposal must be conducted in accordance with all City, State and Federal regulations; and approved by the City’s Pretreatment Coordinator prior to issuance of a zoning certificate. Industrial wastewater shall be disposed into a sanitary sewer unless an alternative disposal is approved by the Pretreatment Coordinator who may require pretreatment. The engineer may require pretreatment. A sampling manhole and industrial wastewater discharge permit may be required.
J. Noise: The following requirements shall apply to all nonresidential uses:
1. Sound pressure levels shall be in keeping with current State of Illinois standards as prescribed by the Illinois Pollution Control Board (Subtitle H: Noise), as may be amended from time to time.
2. Exceptions: The following activity shall be exempted from the rules and regulations of this Section 17.905.J.
a. Sound emitted from emergency warning or safety devices.
b. Sound emitted from lawn care maintenance equipment used during daylight hours.
c. Sound emitted from vehicles, snowblowers and similar equipment used for snow removal and hauling operations.
d. Sound emitted from equipment being used for construction between the hours of seven o’clock (7:00) A.M. to seven o’clock (7:00) P.M., of each day, or for such additional hours as may be authorized by the Development Administrator.
e. Sound emitted from trucks and vehicles entering or leaving industrial zoned property, except as may be caused by idling engines, off the road vehicles, mixers on ready mix concrete trucks, and trailer mounted refrigeration units.
K. Storage and Use of Materials: The storage, use or manufacture of materials referenced in this Section 17.905.K. shall be regulated as follows:
1. The storage, use or manufacture of materials or products conducted within completely enclosed buildings shall be in keeping with the codes adopted by Wood Dale and any other applicable Ordinances.
2. The storage or utilization of flammable liquids and gases shall be conducted only in accordance with all applicable federal, state, and City laws.
3. All hazardous materials including flammable liquid and gas storage tanks stored outside shall be a minimum of thirty feet (30') from all lot lines and in keeping with the codes adopted by Wood Dale and any other applicable Ordinances.
4. All equipment storage areas shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris.
L. Sewage Waste: Sewers and sewage discharge shall meet the appropriate City, State and Federal requirements. (Ord. O-22-017, 5-19-2022)