§ 157.065 GENERAL REQUIREMENTS.

Publisher's Note: This sECTION has been AMENDED by new legislation (Ord. 24-36, adopted 10-21-2024). The text of the amendment will be incorporated below when the ordinance is codified.

   (A)   Allowable use of land and buildings.

      (1)   Allowable uses table. Permitted uses, special uses, accessory uses, and temporary uses in the manufacturing districts shall be as indicated on the following table. All other provisions of this chapter to the contrary notwithstanding, the Building Inspector shall determine whether a proposed use that is not specifically listed on the table is most similar to and compatible with one or more permitted uses, special uses, accessory uses, temporary uses, or prohibited uses and classify the use accordingly. Such determinations shall be recorded in writing and maintained on file in the Village Clerk's office.

Allowable uses of land and buildings: P: Permitted by-right S: Permitted by special use permit	Limited Manufacturing District (M-1)	Limited Manufacturing District (M-2)
(a) Agriculture and natural resource uses.
1. Resource conservation.
2. Cultivation.
3. Livestock.
4. Agricultural support.
Farm and garden supply store	P	P
Feed store	P	P
5. Mineral extraction and batch operations.
Batch asphaltic concrete, cement concrete or mortar mixing plant	S	S
Stone or gravel quarry; crushing, grading, washing and loading operations shall, at a minimum, conform with the applicable regulations set forth in § 157.065	S	S
(b) Residential uses.
1. Single-family and two-unit dwellings.
2. Multiple-family dwellings.
3. Group living facilities.
(c) Retail uses.
1. General merchandise.
Building material sales	P	P
Direct selling establishment where products are stored	P	P
Gun shop	S	S
Tombstone and monument sales	P	P
2. Food and beverage.
3. Greenhouses and nurseries.
Greenhouse and nursery; retail	P	P
Greenhouse and nursery; wholesale	P	P
(d) Clubs, restaurants, taverns and lodging uses.
1. Clubs, lodges and meeting halls.
2. Restaurants, specialty foods and taverns.
Banquet hall	S	S
Restaurant; no live entertainment	P	P
Restaurant; with live entertainment	S	S
Restaurant; drive-in or drive-through facilities	P	P
Taverns	P	P
Taverns; with live entertainment	S	S
3. Lodging.
Hotel, including apartment hotel, dining room and meeting rooms	P	P
Motel	P	P
(e) Recreation and entertainment establishments; public and private.
1. Indoor recreation and entertainment.
Adult uses		S
Commercial sports and entertainment establishment; subject to the licensure requirements of Chapter 118 of the East Dundee Code of Ordinances	S	S
Community center buildings, public or non-profit; includes clubhouses, recreation buildings, gymnasiums, swim clubs, swimming pools, tennis clubs, tennis courts, roller skating and ice skating rinks	P	P
Museum	P	P
Shooting range	S	S
2. Outdoor recreation and entertainment.
Drive-in theater	P	P
Parks and playgrounds; privately-owned, not-for-profit	S	S
Parks and playgrounds, publicly owned	P	P
Shooting range	S	S
(f) Service, contracting, storage and broadcasting uses.
1. Personal services.
Massage establishment and massage services; subject to the licensure requirements of Chapter 111 of the East Dundee Code of Ordinances	S	S
2. Dry cleaning and laundry services.
Dry cleaning, laundry, dyeing and rug-cleaning establishment; with or without drive through and no limitation on the number of employees	P	P
3. Finance, insurance and real estate services.
Automatic teller machine as stand-alone structure	P	P
4. General services.
Auction room	P	P
Catering establishment	P	P
Printing shop; no press size limitations	P	P
Secretarial service
Scientific research agency	P	P
Taxidermist	P	P
Testing laboratory	P	P
Travel bureau and transportation ticket office	P	P
Undertaking establishment and funeral parlor	P	P
5. Contractor and repair shops and showrooms.
Artists and industrial design studio	P	P
Furniture repair and upholstery	P	P
General minor repair or fix it shop	P	P
Interior decorating studio; includes upholstery and making draperies, slip covers and other similar articles when conducted as a secondary activity to the principal use	P	P
Lawn mower repair shop	P	P
Locksmith	P	P
Board showroom	P	P
Building services and supplies; no outside storage	P	P
Contractor shop; no outdoor storage	P	P
Contractor shop; with outdoor storage	P	P
Electrical shop and supply shop	P	P
Exterminating service	P	P
Heating and air conditioning retail sales and service	P	P
Plumbing and heating showroom and shop	P	P
Refrigeration shop, service and repair	P	P
Swimming pool sales and service	P	P
Sewer cleaning and rodding shop	P	P
Sign contractor; no outside storage	P	P
Window cleaning firm	P	P
6. Equipment and supplies.
Bottled gas dealer	P	P
Business machines store	P	P
Equipment and appliance repair shop	P	P
Equipment rental and leasing service	P	P
Machinery sales establishment	P	P
Milk machine sales	P	P
Water softener service	P	P
Water sales and bottling	P	P
7. Storage, transport and mail order sales.
Ambulance service	P	P
Frozen food locker	P	P
Limousine service	P	P
Mail order sales and warehousing	P	P
Storage, warehousing and wholesale establishments; does not include fuel oil, gasoline and other flammable material	P	P
8. Broadcasting facilities and recording studios.
Radio and television broadcasting studio	P	P
Radio and television transmission or receiving tower	P	P
Recording studio	P	P
9. Tattooing.	S	P
(g) Automotive and related uses.
1. Accessory sales.
Automobile accessory, tire and battery stores	P	P
2. Fuels sales, service and repair.
Automobile fuel sales; with or without service	P	P
Automobile and truck service without fuel sales; includes car washes, oil change service, repair facilities, and related uses not otherwise listed	P	P
Body and fender shop	P	P
Motor vehicle impoundment yard; subject to the provisions of § 157.065(A)(2)(a)		S
Paint shop	P	P
Vehicle towing establishment; subject to the provisions of § 157.065(A)(2)(b)	S	S
3. Parking.
Parking lot; commercial	P	P
4. Vehicle sales and rental.
Boat dealer	P	P
Camper dealer (sales)	P	P
Mobile home dealer	P	P
Motor vehicle dealer, new or used	P	P
Motorcycle sales	P	P
Recreation vehicle sales or rental	P	P
Snowmobile, sales and service	P	P
Trailer sale or rental	P	P
(h) Office uses.
1. Professional offices.
Accounting, auditing and bookkeeping	P
Attorney and law office	P
Business and professional office	P
Business office; goods, wares or merchandise are displayed or sold on the premise	P
Engineering and architectural service	P
Land surveyor	P
Landscape architect	P
Newspaper office; does not include printing	P
Professional Consultant	P
2. Organizations.
Better Business Bureau	P
Chamber of Commerce	P
Charitable organization	P
Civic association	P
Labor union and organization	P
Merchants association	P
News syndicate	P
Political organization	P
Professional membership association	P
Real estate board	P
Social service and fraternal association	P
Trade association	P
(i) Healthcare and veterinary uses.
1. Medical and dental offices, clinics and labs.
Laboratory, medical and dental	P	P
2. Hospitals and care homes.
Hospitals or sanitariums	P
3. Veterinarian offices, hospitals and kennels.
Veterinary clinic and animal hospital; without outdoor kennels	P
Veterinary clinic and animal hospital; with outdoor kennels	P
(j) Manufacturing uses.
1. Manufacturing.
Manufacturing, assembly, disassembly, fabricating, repairing, storing, cleaning, servicing or testing establishment; operation shall conform with the applicable performance standards in § 157.065 and shall not be specifically prohibited by this chapter	P	P
(k) Public, educational and institutional uses.
1. General public.
Cemetery, public or private; includes crematories and mausoleums provided that no building shall be located less than 100 feet from side and rear property lines	S	S
Library and branch library	P	P
Police or fire station	P	P
Post office and post office sub-station	P	P
Public service or municipal garage	P	P
2. Educational.
Schools, business, trade or vocational; non-boarding public or private	P	P
3. Childcare.
4. Institutional and assembly.
Convention hall and center	S	S
(l) Transportation, utility and solid waste uses.
1. Transportation.
Airports	S	S
Cartage and express establishments; does not include motor freight terminals	P	P
Public transportation facilities; includes shelters, terminals, parking areas and service buildings	P	P
Transit and transportation passenger shelter	P	P
2. Utility.
Public utility and public service use; subject to the provisions of § 157.065(A)(2)(c)	P	P
Sewage treatment plant	P	P
Telephone booth	P	P
3. Solid waste.
Waste transfer, storage and treatment facilities; as defined in the Illinois Environmental Protection Act in ILCS Chapter 415, Act 5 that are not otherwise defined in such Act as Pollution Control Facilities and subject to the provisions of § 157.065(A)(2)(d)	S	S
(m) Accessory uses.
1. Accessory to agricultural uses.
2. Accessory to residential uses.
3. Accessory to commercial uses.
Accessory commercial operations yard; subject to the provisions of § 157.065(A)(2)(e)	S	S
Accessory uses provided in accordance with the provisions of § 157.085	P	P
Offices ancillary to any permitted or special use	P	P
Open sales lot	S	S
Storage yard; materials or equipment for on-site sales only	P	P
4. Accessory to manufacturing uses.
Accessory commercial operations yard subject to the provisions of § 157.065(A)(2)(e)	S	S
Accessory uses provided in accordance with the provisions of § 157.085	P	P
Offices ancillary to any permitted or special use	P	P
Storage yard for material or equipment sales	P	P
5. Other accessory uses.
(n) Temporary uses.
1. Temporary uses.
Temporary building for construction purposes; not to exceed the duration of the construction	P	P
(o) Other special uses.
1. Other special uses.
Planned unit development	S	S
Similar and compatible uses to those listed as special uses	S	S
Twenty-four hour per day operation of any permitted or special use	S	S

 

      (2)   Use-specific requirements. The following uses shall comply with all listed requirements in addition to all other requirements specified in this chapter. In the event of a conflict between a requirement listed hereunder and that of another section of this chapter, the more restrictive requirement shall prevail.

         (a)   Motor vehicle impoundment yards.

            1.   Areas utilized for motor vehicle yards shall comply with all principal structure setbacks requirements of the zoning district.

            2.   Areas utilized for motor vehicle yards shall be provided with a permanent durable and dustless surface.

            3.   Areas utilized for motor vehicle impoundment yards shall be lit from dusk to dawn at an intensity of not less than 1.0 foot candles nor greater than 1.5 foot candles using poles no higher than 25 feet and cutoff fixtures that direct light downward such that the intensity of light at the property line does not exceed 0.5 foot candles.

            4.   Areas utilized for motor vehicle impoundment yards shall be completely enclosed with a solid wall or fence of not more than eight feet in height. No chain link or mesh type of fence with inserted screening slats shall be used to comply with the provisions of this section.

            5.   No vehicle shall be stored longer than 60 days provided vehicles subject to seizure or impoundment orders shall be exempt from any such limitation.

         (b)   Vehicle towing establishment.

            1.   All towing vehicles and equipment must be stored inside a building or in areas with a paved, dustless surface that complies with all principal structure setback requirements of the zoning district. In no case shall towing vehicles be stored closer to the street than the front wall of the primary structure.

         (c)   Public utility and public service use.

            1.   Uses and facilities include: electric sub-stations and booster stations; telephone exchanges, repeater stations, micro-wave relay towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of the public convenience; potable water well head stations, well separators, pumping stations, water filtration plants, reservoirs, and storage tanks and towers; natural gas regulator stations and similar above the ground facilities customarily used for the distribution, transmission or storage of natural gas as a part of the operation of a public utility; and satellite dishes as accessory to any of the above.

            2.   The use shall be located more than 200 feet from the boundary of a residential use.

            3.   Natural gas equipment and other installations may be in completely enclosed buildings or in the open, but along with electric substations and booster stations, must be completely enclosed behind two-inch or less mesh chainlink fence or equal, no less than six feet in height.

         (d)   Waste transfer, storage and treatment facilities. As defined in the Illinois Environmental Protection Act in ILCS Chapter 415, Act 5 that are not otherwise defined in such Act as Pollution Control Facilities.

            1.   Such facilities shall only include the following:

               a.   Facilities accepting exclusively general construction or demolition debris for transfer, storage, or treatment;

               b.   Landscape waste compost facilities;

               c.   Landscape waste transfer stations; and

               d.   Other recycling, materials recovery and waste minimization/waste diversion facilities.

            2.   All facilities listed hereunder shall comply fully with all applicable requirements contained in the Environmental Protection Act and its implementing regulations, as both may be amended from time to time, in addition to all applicable requirements contained in this chapter provided that in the event that those requirements imposed by the State of Illinois conflict with those of this chapter, the more restrictive provisions shall apply.

               a.   Facilities accepting exclusively general construction or demolition debris for transfer, storage, treatment or as fill shall comply with all provisions in §§ 157.300 through 157.314.

               b.   Landscape waste compost facilities shall comply with all provisions in §§ 157.265 through 157.285.

         (e)   Accessory commercial operations yard.

            1.   Shall be accessory to an authorized and licensed principal use located within the village limits. If the principal use ceases to operate or relocates out of the village, the accessory commercial operations yard shall be immediately vacated and all equipment and materials removed.

            2.   Areas utilized for accessory commercial operations yards shall comply with all principal structure setback requirements of the zoning district.

            3.   Areas utilized for accessory commercial operations yards shall be provided with a permanent durable and dustless surface.

            4.   Areas utilized for accessory commercial operations yards shall be completely enclosed and screened with a solid wall or fence of not more than 12 feet in height and/or a berm or evergreen plants of any height. No materials or equipment shall be stored at a height greater than the height of the screening; except that when there is no reasonable alternative, material or equipment may be stored at a height greater than the height of the screening provided that the area utilized for an accessory commercial operations yard is setback a minimum of one additional linear foot from all lot lines for each one foot of storage height above the screening. No chain link or mesh type of fence with inserted screening slats shall be used to comply with the screening provisions of this section.

   (B)   Additional use restrictions.

      (1)   Unless specifically provided for otherwise in § 157.065(A), no lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any of the following uses: abattoirs; acid manufacture; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping or reduction of garbage; dead animals; offal; or refuse; ore reduction, petroleum processing or refining; nitrocellulose manufacture; synthetic polymers manufacture; gutta perca manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stock yard or slaughter of animals or fowls; tallow, grease or lard manufacture or treatment; tanning, curing, or storage of rawhides or skins; tar distillation or manufacture; or junk yards.

      (2)   To the extent that a Pollution Control Facility subject to local siting review as provided for in ILCS Chapter 415, Act 5, § 39.2 is proposed to be located in the village, those areas designated as manufacturing districts on the village zoning map are deemed the most appropriate locations for such a facility provided that the facility, and its location, otherwise comply with all applicable requirements of the Illinois Environmental Protection Act and its implementing administrative codes, as both may be amended from time to time, and notwithstanding that local zoning or other local land use requirements shall not be applicable to such siting decisions.

      (3)   No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as specifically licensed by the village and which may include but not be confined to: all primary explosives, such as lead azide, lead styphnate, and tetracene; and all high explosives, such as TNT, RDX, HMX, PE TN and picric acid, propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable compounds such as acetylides, tetrazoles, perchlonc acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35% and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

   (C)   Within 300 feet of a residence district boundary line all activities and operations shall be within completely enclosed buildings, or may be out-of-doors if completely screened by a solid wall or uniformly-painted fence at least eight feet in height, and open storage shall not be of a greater height dean that of the enclosing fence, except that off-street parking for vehicles in operable condition and off-street loading spaces may be located in accordance with §§ 157.120 through 157.127.

   (D)   No buildings or structures shall be used for the manufacture, fabricating, assembly, disassembly, repairing, storing, cleaning or servicing of materials, products or goods, within 300 feet of any lot line of a lot located in a residence district.

   (E)   (1)   Any use established in manufacturing districts which involves the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing or testing of materials, goods or products shall be operated in a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards or vibration, glare or heat and no use already established on the effective date of this chapter shall be so altered or modified as to conflict with, or further conflict with such applicable performance standards.

      (2)   The application for a building permit shall be accompanied by a certification from a recognized testing laboratory selected from a panel approved by the Village Board.

         (a)   Performance standards; noise.

            1.   Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the prescribed; provided that, the noises shall be capable of being accurately measured with the equipment. Noises capable of being so measured for the purpose of this chapter shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noses incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

            2.   At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant, other than the operation of motor vehicles or other transportation facilities, exceed the decibel levels in the designated octave bands shown in the following table:

Octave Band	Maximum Permitted Sound Level (Decibels)
(Frequency Cycles Per Second)	Along or in Residence District Boundaries	Along or in Business District Boundaries
0 to 75	72	75
75 to 150	67	70
150 to 300	59	63
300 to 600	52	57
600 to 1,200	46	52
1,200 to 2,400	40	45
2,400 to 4,800	34	40
above 4,800	32	38

 

         (b)   Performance standards; smoke and particular matter.

            1.   The emission of smoke or particular matter in a manner or quantity as to endanger or to be detrimental to the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

            2.   The emission of more than eight smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringlemann No. 2. However, during one one-hour period in each 24-boil-day, each stack may emit up to 16 units when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringlemann No.3 be permitted, and then for not more than three minutes.

            3.   For the purpose of grading the density of smoke, the Ringlemann Chart, published and used by the United States Bureau of Mines shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringlemann Chart is prohibited at all times, except as otherwise provided hereinafter.

            4.   The emission, from all sources within any lot area of particulate matter containing more than 10%, by weight, or particles having a particle diameter larger than 44 microns, is prohibited.

            5.   Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinafter specified is prohibited.

         (c)   Performance standards; toxic or noxious matter. No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located, toxic or noxious matter in concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

         (d)   Performance standards; odors. The emission of odorous matter in a quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines is prohibited.

         (e)   Performance standards; fire and explosion hazard.

            1.   The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187°F, is permitted subject to compliance with all other performance standards for the M district.

            2.   The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187°F, but not less than 105°F, is permitted subject to compliance with all other performance standards for the M-1 district and provided the following conditions are met:

               a.   The materials or products shall be stored, utilized or products within completely enclosed buildings or structures having exterior walls of fire-resistive construction, in accordance with other ordinances in this code of ordinances.

               b.   Unless otherwise provided in this chapter, all buildings or structures shall be set back at least 40 feet from lot lines or, in lieu thereof, all the buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association, or if the materials, goods or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association.

            3.   The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than 105°F, shall be permitted in this district provided:

               a.   The final manufactured product does not itself have a closed cup flash point of less than 187°F;

               b.   The use and storage of the materials shall be in conformity with standards prescribed by the National Fire Protection Association and with the requirements of other ordinances in this code of ordinances; and

               c.   The storage of the materials shall be prohibited above ground.

         (f)   Performance standards; glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in a manner as not to create a public nuisance or hazard along lot lines.

         (g)   Performance standards; vibration.

            1.   No industrial operation or activity, except those not under the direct control of the manufacturer, shall cause at any time ground transmitted vibrations in excess of the limits set forth below.

            2.   Vibration (the periodic displacement, measured in inches, of earth) shall be measured at any point along a residence district boundary line with a three component measuring instrument approved by the Village Board and shall be expressed as displacement in inches as follows:

 

Frequency (Cycles/Second)	Maximum Permitted Displacement Along, Residence District Boundaries (in inches)
0 to 10	.0008
10 to 20	.0005
20 to 30	.0002
30 to 40	.0002
40 to 50	.0001

 

   (F)   Loading berths shall be in accordance with provisions set forth in §§ 157.120 through 157.127.

   (G)   Parking spaces shall be in accordance with provisions set forth in §§ 157.140 through 157.150.

   (H)   A site plan review shall be conducted as set forth in § 157.050(M), including review and recommendation by the Plan Commission and final approval by the Village Board.

(1981 Code, Art. IX, A) (Ord. passed 12- -1986; Am. Ord. 04-17, passed 5-17-2004; Am. Ord. 13-11, passed 4-1-2013; Am. Ord. 13-12, passed 4-1-2013; Am. Ord. 13-45, passed 11-18-2013; Am. Ord. 14-20, passed 7-21-2014; Am. Ord. 14-21, passed 7-21-2014; Am. Ord. 23-23, passed 5-15-2023; Am. Ord. 23-24, passed 5-15-2023)