HomeMy WebLinkAboutORDINANCE - 2229 - 4/28/1992 - TEXT AMENDMENTORDINANCE NO. 2229
AN ORDINANCE AMENDING SECTION 5.8 AND SECTION 5.9 OF THE
ZONING ORDINANCE CONCERNING PERMITTED USES, SPECIAL USES
AND PROHIBITED USES IN THE INDUSTRIAL DISTRICTS AND
PERFORMANCE STANDARDS APPLICABLE TO THE I-1 AND I-2
INDUSTRIAL DISTRICTS
WHEREAS, the Plan Commission of the Village of Elk Grove
Village at a public meeting duly called and held considered the
Petition of the Village, through its Judiciary Planning and Zoning
Committee, to amend Sections 5.8 and 5.9 of the Zoning Ordinance;
and
WHEREAS, the President and Board of Trustees of the Village
of Elk Grove Village after having considered the recommendation
and finding of said Plan Commission find and believe it to be in
the best interest of the Village that the Zoning Ordinance be
amended as recommended.
NOW, THEREFORE, BE IT ORDAINED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of Cook
and DuPage, Illinois as follows:
Section 1: That Section 5.8 et seq. and Section 5.9 et seq.
of the Zoning Ordinance be and the same are hereby repealed.
Section 2: That the Zoning Ordinance be amended by adding
thereto a new Section 5.8 and 5.9 which Sections shall read as
set forth in Exhibit A attached hereto and by this reference in-
corporated herein.
Section 3: That the Village Clerk is hereby authorized to
publish this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication ac-
cording to law.
VOTE:
AYES: _5
NAYS: 0
ABSENT: 1
PASSED
this 28th
day of
April
1992.
APPROVED
this 28th
day of
April
1992.
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PUBLISHED this 30th day of April 1992, in pamphlet
form.
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5.8 INDUSTRIAL DISTRICTS. The following regulations shall
apply to industrial districts as indicated.
5.81 PERMITTED USES IN I-1 (RESTRICTED
A. All manufacturing, industrial and warehousing
activities (except those uses which are hereinafter
prohibited or which require a Special Use Permit)
including fabrication, processing, assembly, dis-
assembly, repairing, cleaning, servicing, testing,
packaging and storage of materials, products, and
goods that can be conducted wholly within enclosed
buildings. All uses must conform with the Perfor-
mance Standards of Section 5.9 of this Zoning Ordi-
nance and receive a Performance Standards Review
Certification in accordance with Section 5.86 prior
to new construction, remodeling or a change in occupancy.
B. Non -retail commercial, including establishments
classified as Division F in "Standard Industrial
Classification Manual" (1987 Edition) prepared by
the Statistical Policy Division, United States Govern-
ment, provided same are engaged in selling merchan-
dise to retailers, to industrial, commercial, insti-
tutional or professional users.
C. Research Laboratories.
D. Offices.
1. General Business Offices.
2. Veterinary Out -Patient Clinics, subject to
the following conditions:
a. There shall be no boarding of animals of any
kind except for those animals so ill that the per-
sonal attention of a doctor of veterinary medicine
is required, or those animals recovering from sur-
gery, providing that such boarding facility permitted
be situated in the clinic and not attached thereto.
b. All business must be conducted within a
completely enclosed building, and no outdoor kennel
of any kind.shall be permitted.
C. Incinerators, lime pits or other facilities
for the destruction of animal waste or corpses of
any type shall not be permitted.
d. Parking requirements shall be in accordance
with Section 3.96 (c) (2), Medical or Dental Clinics.
E. Retail uses, accessory to the primary use located
on the premises, subject to the following conditions:
1. Said retail use does not occupy more than
20% of the floor area of the primary building or
structure located on the lot or parcel involved.
2. The retail use does not require outside signs
or storage, other than an identification sign not ex-
ceeding 10 square feet, and otherwise in accordance
with the sign ordinance of the village.
3. An additional and separate parking area is
provided, said area to be separated from all other
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parking areas and to have such additional required
space as if said retail use was in addition to the
floor area of the primary use, and as required by
the business zoning classification for a comparable
use.
4. Such special access requirements as are
deemed necessary by the Chief of Police and the
Village Engineer so as not to interfere with estab-
lished or anticipated public street traffic to and
from the primary use.
5. Such retail use shall be licensed in accor-
dance with the licensing provisions of Chapter 18 of
the Municipal Code.
F. Outdoor Storage. The outdoor storage of materials,
goods and products not contained in a permanent struc-
ture is permitted in the I-1 Restricted Industrial Dis-
trict and I-2 General Industrial District in side or
rear yards if completely screened from public view and
no closer than 15 feet to any structure, subject to such
other provision as hereafter set forth. The outdoor
storage of uncontained bulk materials which have a ten-
dency to become windborne such as powder, grain, stone,
sand and coal is prohibited.
G. Parking and Loading/Bulk Regulations. The Off -
Street Parking and Loading Requirements shall be in
accordance with Section 3.9 and the bulk regulations
shall be in accordance with the Schedule of Bulk
and Yard Requirements and Regulations set forth in
this Zoning Ordinance.
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5.82 SPECIAL USES IN I-1 AND I-2 INDUSTRIAL DISTRICTS
The following uses may be permitted in the I-1 and
I-2 Districts as a Special Use:
A. Commercial and Service Uses
Restaurants
Banks
Hotels and Motels
New Auto or Truck Dealers
Lodges
Meeting Halls
Medical Clinics
Truck Terminals
Railroad Tracks
Indoor teaching and training facility for teaching
basic and advanced skills in the art and sport of
gymnastics.
Automobile repair garages, provided all open stor-
age areas for automotive vehicles waiting to be ser-
viced shall be located behind the principal building
and screened by a six (6') foot solid fence or wall.
No vehicle shall be stored for more than thirty (30)
days and no vehicle shall be disassembled on the
site except for the purpose of repairing or replace-
ment of damaged or unusable components thereof. No
vehicle or parts thereof shall be rented, leased,
sold or auctioned from the site.
B. Retail sale of merchandise wherein the floor area
of said retail use exceed 20% of the entire floor area
of the primary building or structure and where said re-
tail use is in conjunction with wholesale uses or whole-
sale storage of merchandise.
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In granting a special use permit for retail sales,
the President and Board of Trustees shall consider
the following requirements and conditions in addi-
tion to the conditions and procedures set forth
in Section 3.32 herein:
1. That the traffic generated from the pre-
mises will not have a deleterious effect on existing
industrial uses in proximity to the proposed site.
2. The retail use does not require outside
signs or storage, other than an identification
sign not exceed 10 square feet, and otherwise in
accordance with the Sign Ordinance of the Village.
3. Parking. A parking area shall be provided
in accordance with the provisions of Section 3.9
of the Zoning Ordinance. In determining the appli-
cable number of parking stalls, the Village shall
consider the nature of the products being offered
for sale as same relate to the requirements of
Section 3.9, the ratio of floor area.designated
for retail and wholesale sales as compared to
floor area designated for storage or non -consumer
access, and such other considerations as are deemed
necessary to ensure compliance with the Zoning
Ordinance.
4. Such special access requirements as are
deemed necessary by the Chief of Police and the
Village Engineer so as not to interfere with es-
tablished and anticipated public street traffic
to and from the proposed use.
5. The need for the retail sales in the area
proposed and the benefit to the Village, including
projection of revenues, to be derived from the
granting of the special use permit. In that regard,
the Village may require copies of monthly, quar-
terly or annual sales and use tax returns filed
with the Illinois Department of Revenue as a con-
dition of the granting of the special use permit.
C. These special uses above shall be reviewed con-
sidering not only the Industrial Performance Standards
applicable to the District in which such use is to be
located but also be considered in light of the following:
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1. Esthetics
2. Traffic generation, automobile and truck
3. Compatibility with neighboring uses
4. Water consumption
5. Waste generation
6. Need
5.83 SPECIAL USES IN I-2 INDUSTRIAL DISTRICTS
The following uses may be permitted in the I-2 Dis-
tricts as Special Uses:
A. Manufacture and Storage of Weapons, Firearms,
and Ammunition
Manufacture of Highly Toxic Chemicals
Food Processing
Paper and Pulp Processing
Smelting and Refining of Precious Metals
Non -Ferrous Foundries
B. The following conditions shall be complied with:
1. The applicant follow Section 3.3 Special
Use Regulations of this Ordinance.
2. The proposed use can comply with the
Performance Standards of Section 5.9.
3. The applicant secure a Performance Stan-
dards Review Certification in accordance with
Section 5.86 of this Zoning Ordinance.
C. The Special Uses above shall be reviewed,
considering not only the Industrial Performance
Standards applicable to the District in which such
use is to be located but also shall be considered
in light of the following:
5.84
1. Esthetics.
2. Traffic generation, automobile and truck.
3. Compatibility with neighboring uses.
4. Water consumption.
5. Waste generation.
6. Need.
PERMITTED IN ALL
A. Signs in conformance with Elk Grove Village Sign
Ordinances.
B. Structures and other buildings accessory to the
principal use.
C. Antennae for communication purposes.
5.85
A. USES PROHIBITED IN I-1 INDUSTRIAL DISTRICT
The following manufacturing and processing uses classi-
fied as Major Group numbers, Industry Group Numbers and
Industry Numbers in the "Standard Industrial Classifi-
cation Manual" (1987 edition) as amended from time to
time prepared by the Office of Statistical Standards,
United States Government, are prohibited:
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Major Group 29
Petroleum Refining and Related Industries
Major Group 33
- Primary Metal Industries; except for those
aluminum
casting operations employing permanent molds ex-
clusively, the
low
pressure casting process and electric
furnaces.
Industry
Group
201
- Meat Products
Industry
Group
204
- Grain Mill Products
Industry
Group.206
- Sugar and Confectionary Products
Industry
Group
207
- Fats and Oils; provided, however,
this provision'shall
not prevent the processing of
shortening, table
oil, margarine, and other eatable
fats and
oils by
a
chilling procedure or such other
procedures not
productive of odor.
Industry
Group
214
- Tobacco Stemming and Redrying
Industry
Group
242
- Sawmills and Planning Mills
Industry
Group
243
- Millwork, veneer, plywood and
structural wood
members involving the extensive
use of glues and
adhesives.
Industry
Group
261
- Pulp Mills
Industry
Group
262
- Paper Mills
Industry
Group
263
- Paperboard Mills
Industry
Group
281
- Industrial Inorganic Chemicals
Industry
Group
286
- Industrial Organic Chemicals
Industry
Group
287
- Agricultural Chemicals
Industry
Group
301
- Tires and Inner Tubes
Industry
Group
302
- Rubber and Plastics Footwear
Industry
Group
311
- Leather Tanning and Finishing
Industry
Group
321
- Flat Glass
Industry
Group
322
- Glass and Glassware, Pressed or
Blown
Industry Grout 325 - Structural Clay Prc .cts
Industry Group 327 - Concrete, Gypsum and Plaster
Products
Industry Group 328 - Cut Stone and Stone Products
Industry Group 329 - Abrasive, Asbestos and Miscel-
laneous Nonmetallic Mineral Products
Industry
Group 348
- Ordinance and Accessories, except
vehicles
and
Guided
Missiles
Industry
No.
2082 -
Malt Beverages
Industry
No.
2083 -
Malt
Industry
No.
2084 -
Wines, Brandy and Brandy Spirits
Industry
No.
2085 -
Distilled and Blended Liquor
Industry
No.
2091 -
Canned and Cured Fish and Seafoods
Industry No. 2092 - Prepared Fresh or Frozen Fish and
Seafoods
Industry No. 2491 - Wood Preserving
Industry No. 3069 - Fabricated Rubber Products, not
elsewhere classified
Industry No. 3795 - Tanks and Tank Components
B. USES PROHIBITED IN I-1 AND I-2 INDUSTRIAL DISTRICTS
All residential uses, including mobile homes and mobile
home parks, but excluding apartment residence facilities
for use by owners or caretakers of the permitted primary
use; abbatoirs; arsenals; crematories; creosote treatment
or manufacture; fat rendering; dumping; reduction or other
processing of garbage, dead animals, offal or refuse, except
as incidental to a permitted use; ore reduction; petroleum
processing or refining; pyroxylin manufacture; natural or
synthetic rubber, and gutta percha manufacture, or treatment;
salt works; sauerkraut manufacturing; bar soap manufacture;
stockyard or slaughter of animals or fowl; tallow, grease,
or lard manufacture, or treatment, tanning, curing or storage
of rawhide or skins; fertilizer manufacture or reduction;
smelters, except precious metals; junk shop, junk yards
or automobile wrecking yards; commercial incinerators;
sanitary land fills; cement, concrete, asphaltic con-
crete plants; tar distillation or manufacture; extraction
of gravel, sand and other raw materials; drive-in theaters.
5.86 PERFORMANCE STANDARDS REVIEW CERTIFICATION
A. DEFINITION - A certification issued by the Village
Engineer or an Engineer designated by the Corporate Au-
thorities that a proposed use can meet the Performance
Standards of the Village Ordinance.
B. RULES - Rules for securing compliance certification:
1. The owner, occupant, or user prior to using premises
and the issuance of an occupancy certificate or any subsequent
owner, occupant or user, shall submit an application for
same detailing the nature of the proposed use on forms
prepared by the Village and as approved by the President
and Board of Trustees by resolution. The application shall
include a certification by the owner or a licensed engineer
that the proposed use will conform to the Village's Perfor-
mance Standards.
2. The Village Engineer, upon receipt of the applica-
tion shall issue a Performance Standards Review Certifica-
tion within 21 days or advise the proposed user as to rea-
sons for his refusal or delay. In the event of any adverse
decision to the applicant, he shall have a right of appeal
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to the President and Board of Trustees.
3. A Performance Standards Review Certification
shall be valid only so long as the use is made of the
premises for which issued and provided the information
submitted to obtain same is accurate and complete.
The Village shall not be prevented by the issuance
of the Certification from terminating same if the
use made of the premises is not in conformity with
the Certificate or Village Ordinances.
4. Fee. The fee for the Performance Standards
Review Certification shall be as established from time
to time by the President and Board of Trustees, plus
such additional out of pocket costs reasonably in-
curred should outside consultants, testing facilities
or the like be necessary.
5.9 PERFORMANCE STANDARDS, INDOSTRIAL DISTRICTS
Any use hereinafter established or currently existing in an
industrial district shall be operated in such a manner as to
comply with the applicable performance standards as herein-
after set forth governing noise, vibration, smoke, toxic matter,
odors, fire and explosive hazards and glare. No use already
established on the effective date of this Ordinance shall be
so altered or modified as to conflict with or further conflict
with the applicable performance standards for the district in
which such use is located.
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5.91 NOISE
A. REGULATIONS - In the I-1 and I-2 Industrial Districts,
the standards and regulations with respect to sound emission,
implusive sound, prominent discrete tones and other noise
related activity shall be as set forth in Title 35, Sub -
Title H. Noise, Chapter I. Pollution Control Board, (1984
Edition) as amended from time to time, of the Rules and
Regulations of the State of Illinois, which Rules and Re-
gulations are hereby adopted by reference.
B. EXCEPTIONS - The following activity shall be exempted
from the Rules and Regulations herein established:
1. Sound emitted from emergency warning devices and
excess pressure safety relief valves.
2. Sound emitted from lawn care maintenance equip-
ment and snow blowers and similar snow removal equipment
used during daytime hours.
3. Sound emitted from equipment being used for con-
struction between the hours of 7:00 A.M. to 7:00 P.M.,
of each day, or for such additional hours provided.
such activity has been authorized by the Village.
4. Sound emitted from trucks and vehicles entering
or leaving Industrial zoned property provided that this
exception shall not apply to idling engines, off -the -road
vehicles, mixers on ready -mix concrete trucks, and trailer
mounted refrigeration units located on any such property.
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5.92 VIBRATION
A. DEFINITIONS
1. AMPLITUDE - The maximum displacement of the earth
from the normal rest position. Displacement is usually
reported as inches or mils.
2. DISCRETE IMPULSES - A ground transmitted vibration
stemming from a source where specific pulses do not exceed
60 per minute (or one per second).
3. DAYTIME HOURS - 7:00 A.M. to 7:00 P.M., local time.
4. FREQUENCY - The number of times that a displace-
ment completely repeats itself in one second of time.
Frequency may be designed in cycles per second (cps) or
Hertz (Hz).
5. IMPACT - An earthborne vibration generally pro-
duced by two or more objects striking each other so as
to cause separate and distinct pulses.
6. NIGHT TIME HOURS - 7:00 P.M. to 7:00 A.M., local
time.
7. PARTICLE VELOCITY - A characteristic of vibra-
tion that depends on both displacement and frequency. If
not directly measured, it can be computed by multiplying
the frequency by the amplitude times the factor 6.28. The
particle velocity will be in inches per second, when the
frequency is expressed in cycles per second and the amp-
litude in inches.
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S. SEISMOGRAPH - An instrument which measures vibra-
tion characteristics simultaneously in three mutually per-
pendicular planes. The seismograph may measure displace-
ment and frequency, particle velocity, or acceleration.
9. STEADY STATE - A vibration which is continuous,
as from a fan, compressor or motor.
10. VIBRATION - A reciprocating motion transmitted
through the earth, both in horizontal and vertical planes.
B. INSTRUMENTATION - Ground -transmitted vibration shall
be measured with a seismograph or complement of instru-
ments capable of recording vibration displacement, par-
ticle velocity, or acceleration and frequency simultane-
ously in three mutually perpendicular directions.
C. MAXIMUM PERMITTED VIBRATION LEVELS - I-1 AND I-2
Table 1 designates the applicable lines of Table 2 that
apply on or beyond adjacent lot lines within the zone,
and on or beyond appropriate district boundaries. vibra-
tion shall not exceed the maximum permitted particle velo-
cities in Table 2. Where more than one set of vibration
levels apply, the most restrictive shall govern. Readings
may be made at points of maximum vibration intensity.
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TABLE 1
APPLICABLE LINE OF TABLE 2
ADJACENT ADJACENT DISTRICT BOUNDARIES
ZONE LOT LINE I-1 I-2 B, & 0& T R
I-1 Y - Y Y X
I-2 Z Y - Y X
The maximum permitted peak particle velocities that cor-
respond to the above designations are as follows:
TABLE 2
STEADY-STATE VIBRATION LIMIT
VIBRATION PEAK PARTICLE VELOCITY (INCHES PER SECOND)
LIMIT DAYTIME NIGHT TIME
X 0.03 0.01
Y 0.06 0.06
Z 0.20 0.20
Night time limits shall be considered to prevail until
7:00 A.M., local time.
The maximum particle velocity shall be the maximum vector
sum of 3 mutually perpendicular components recorded simul-
taneously. Particle velocity may also be expressed as
6.28 times the displacement in inches multiplied by the
frequency in Hertz (cycles per second).
For purposes of this regulation, steady-state vibrations
are vibrations which are continuous, or vibrations in dis-
crete impulses more frequent than 60 per minute. Discrete
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impulses which do not exceed 60 per minute, shall be con-
sidered impact vibrations. The values presented in Table
2 shall be doubled for impact vibration.
D. EXCEPTIONS - The provisions of Sec. 5.82 shall not
apply to sound emitted from equipment being used for con-
struction between the hours of 7:00 A.M. to 7:00 P.M.,
of each day.
5.93 AIR POLLUTION - The Standards and Regulations for
visual emissions, particulate matter emissions, odor, air-
borne toxic material and other air pollution related ac-
tivity shall be as set forth in Title 35, Sub -Title B.
Air Pollution, Chapter I. Pollution Control Board (1990
Edition) as amended from time to time, of the Rules and
Regulations of the State of Illinois, which Rules and Re-
gulations are hereby adopted by reference.
5.94 TOXIC SUBSTANCES
A. DEFINITION
HIGHLY TOXIC SUBSTANCE - A highly toxic substance is here-
by defined as chemical or substance which is designated
as an extremely hazardous substance and listed under Sec-
tion 313 of Title 3 of the Superfund Amendments and Reau-
thorization Act of 1986 (S.A.R.A.) as amended from time
to time.
TOXIC SUBSTANCE - Any gas, liquid, solid, semi-solid sub-
stance or mixture of substances, which if discharged into
the environment could, alone or in combination with other
substances 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, inhala-
tion, or absorption through any body surface. In addition,
substances which are corrosives, irritants, strong sensi-
tizers, or radioactive substances (other than highly toxic
radioactive substances) shall be considered toxic substances
for the purposes of this regulation.
B. REGULATION
1. TOXIC MATERIAL - The use, storage, handling or
transport of toxic substances shall comply with appli-
cable Regulations promulgated by the Illinois Pollution
Control Board as amended from time to time, the National
Fire Protection Association - National Fire Codes (as
adopted by Elk Grove Village), the B.O.C.A. National Building
Code and all other applicable Village Regulations and Ordi-
nances, as adopted from time to time.
2. HIGHLY TOXIC MATERIAL - The storage, utilization,
use or handling of highly toxic material as defined herein
shall be in accordance with Title 3 of S.A.R.A (the Super -
fund Amendments and Reauthorization Act of 1986), appli-
cable Regulations promulgated by the Illinois Pollution
Control Board as amended from time to time, the National
Fire Protection Association - National Fire Codes (as
adopted by Elk Grove Village), the B.O.C.A. National Building
Code and all other applicable Village Regulations and Ordi-
nances, as adopted from time to time.
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C. PERMIT REQUIRED - Any person, firm or corporation en-
gaged in the use, storage, handling or transportation of
highly toxic substances shall be required to obtain a
Highly Toxic Material Users Permit from the Fire Depart-
ment of the Village. The application for such Permit
shall contain such information as is required by the Fire
Department including the identification of the highly toxic
substance, the quantities of such substance and such other
material and information necessary to ascertain compliance
with the above referenced and adopted Rules and Regulations.
The Fire Department shall make an inspection of the appli-
cant's premises to determine such compliance prior to the
issuance of the Permit.
5.95 WATER POLLUTION
In the I-1 and I-2 Districts, all uses shall comply with
the State of Illinois Pollution Control Board Rules and
Regulations, Chapter 3, entitled "Water Pollution" as
amended from time to time.
5.96 FIRE AND EXPLOSION HAZARDS I-1 AND I-2 DISTRICTS
A. The storage, utilization or manufacture of solid ma-
terials or products ranging from free or active burning
to intense burning is permitted, provided that said ma-
terials or products shall be stored, utilized or manu-
factured within completely enclosed buildings having non-
combustible exterior walls and protected with an auto-
matic fire extinguishing system.
In all Industrial Districts the storage utilization or
manufacture of solid materials of products ranging from
noncombustible to moderate burning is permitted.
B. I-1 RESTRICTED INDUSTRIAL DISTRICT - The storage or
utilization of flammable liquids and gases shall be per-
mitted in accordance with the following Table I, exclu-
sive of storage of finished products in original sealed
containers of 55 gallons or less, which shall be unre-
stricted. Flammable liquid and gas storage tanks shall
not be less than 50 feet from all lot lines.
TABLE I
TOTAL CAPACITY OF FLAMMABLE MATERIALS
PERMITTED (IN GALLONS)
FOR MATERIAL HAVING ABOVE UNDER
A FLASH POINT GROUND GROUND
At or above 140°F 20,000 100,000
At or above 100° F,
and below 140° F 10,000 100,000
Below 100° F 3,000 100,000
when flammable gases are stored or utilized and measured
in cubic feet, the quantity in cubic feet at standard tem-
perature and pressure shall not exceed 30 times the quan-
tities listed in Table I above.
C. I-2 GENERAL INDUSTRIAL DISTRICT - The storage or uti-
lization of flammable liquids and gases shall be permitted
in accordance with the following Table II exclusive of
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storage of finished products in original sealed containers
of 55 gallons or less which shall be unrestricted. Flam-
mable liquids and gas storage tanks shall not be less than
50 feet from all lot lines.
TABLE II
TOTAL CAPACITY OF FLAMMABLE MATERIALS
PERMITTED (IN GALLONS)
FOR MATERIAL HAVING A ABOVE
FLASH POINT GROUND
At or above 140°F 200,000
At or above 100° F, and
below 140° F 100,000
Below 100° F 50,000
When flammable gases are stored or utilized and measured
in cubic feet, the quantity in cubic feet at standard tem-
perature and pressure shall not exceed 30 times the quan-
tities listed above.
5.97 GLARE I-1 AND I-2 DISTRICTS
A. DEFINITIONS
1. FOOT CANDLE - A unit of illumination. Techni-
cally, the illumination at all points one foot distant
from a uniform point source of one candle power.
B. In the I-1 and I-2 Districts, any activity or opera-
tion producing glare shall be conducted in accordance with
the following requirement: Exposed sources of light shall
be controlled so that direct and indirect illumination
within lot lines shall not cause illumination in excess
of � foot candle in Residential Districts.
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5.98 ENFORCEMENT/APPEAL
The Performance Standard's set forth in this section affect
the health, safety and welfare of residential, commerical
and industrial residents of the Village and accordingly
will be enforced and regulated with regard to new users
as well as existing firms and corporations in the affected
areas.
The Departments responsible for the enforcement of these
provisions and regulations shall be the Department of En-
gineering and Community Development and the Fire Department.
Strict and immediate enforcement will occur in areas which
greatly impact on matters relating to health and safety.
With regard to existing uses which involve a lesser impact
on health and safety and which are not deemed hazardous
or injurious to affected parties, the enforcement officers
shall permit compliance over a reasonable period of time.
The determination of the appropriate length of time in
which to comply shall be in the discretion of the enforce-
ment officer, taking into consideration the severity of
the violation or area of non-compliance, the risk, if any,
to third parties and the extent of the physical and finan-
cial hardship that compliance would impose. Any affected
party shall have the right to appeal the decision of the
enforcement officer in the same manner as appeals in general
are processed, including notice and hearing, all as provided
in this Zoning Ordinance.
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