§ 152.088 DWELLING SPACE BELOW SECOND FLOOR.

   (A)   Notwithstanding any other provisions in this code to the contrary, it shall be lawful for the Zoning Board of Appeals and the City Council to consider and to grant a special use permit for dwelling space below the second story in zoning districts B-1, B-2 and B-3 provided the following conditions are met in addition to other circumstances deemed relevant by the Zoning Board of Appeals and the City Council:

      (1)   The dwelling space must be at least 800 square feet in size and must leave not less than 1,200 square feet of space which complies with the applicable zoning classification of the building (such as either B-1, B-2 or B-3).

      (2)   The dwelling space must be located at the rear of the building and not be apparent from the front of the building.

      (3)   The dwelling space shall be the building owner's residence. In addition to the owner(s), only his or her immediate family may also reside there provided sufficient accommodations are located in the subject dwelling space.

      (4)   This special use is transferable to subsequent owners of the subject property provided the subsequent owner(s) comply with the provisions of this code.

      (5)   At the time a building owner applies for a special use permit, he or she shall identify all persons who will reside in the dwelling space and shall provide a written description and a sketch of the proposed dwelling space. The sketch shall include designations of the various rooms and their sizes which shall be shown as near to scale as feasible. If the special use permit is approved, the owner shall not deviate from the plan or allow anyone else to deviate from the plan without the written consent of the Zoning Board of Appeals and the Building and Grounds Committee.

      (6)   The owner shall comply with all laws, ordinances, rules and regulations applicable to dwellings including, but not limited to, the Illinois Smoke Detector Act and § 150.052 of this code concerning means of egress as now in force or hereafter amended.

      (7)   Until the modification of the premises has been completed, or, in the event the owner undertakes to further modify the residential floor plan located below the second story after the special use was approved, the owner shall be deemed to have given the Building and Grounds Committee his or her irrevocable consent to inspect the dwelling space after the Committee provides reasonable notice of its intent to inspect the premises. Notice given to the owner or his or her agent at least 48 hours prior to the inspection shall be considered reasonable notice.

   (B)   Any person convicted of a violation of this section shall be punished by a fine not less than $75 but not more than $750 for any one offense. A separate offense is committed upon each day that the violation occurs.

(Ord. 02-15, passed 1-20-03)

MANUFACTURING DISTRICTS

§ 152.095 M-1 MANUFACTURING DISTRICT.

   (A)   Permitted uses. The following uses are permitted:

      (1)   Retail and service uses as follows:

         Animal pounds and shelters;

         Automobile laundries;

         Automobile service stations;

         Banks and financial institutions;

         Battery and tire service stations;

         Contractors and construction shops;

         Drug stores;

         Greenhouses;

         Restaurants, including the sale of liquor in conjunction

         therewith;

         Taverns;

      (2)   Any production, processing, cleaning, servicing, testing, repair and storage of materials, goods and products, except those uses involving the storage, utilization or manufacture of materials or products which conform to the performance standards set forth below, and which shall not be injurious or offensive to the occupants of adjacent premises by reasons of the emission of or creation of noise, vibration, smoke, dust, or other particulate material, toxic or noxious materials, odors, fire or explosive hazards, or glare or heat, which uses include, but are not limited to the following:

         Advertising displays;

         Apparel and other products manufactured from textiles;

         Art, needlework and hand weaving;

         Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure;

         Awnings, venetian blinds;

         Bakeries;

         Building equipment, building materials, and the like;

         Cameras and other photographic equipment and supplies;

         Carpet and rug cleaning;

         Casting, express hauling or storage yards;

         Ceramic products such as pottery and small glazed tile;

         Clothing;

         Cosmetics;

         Dentures;

         Drugs;

         Electrical appliances;

         Electrical supplies, manufacturing and assembly of;

         Food products, processing and combining of (except meat and fish);

         Glass products;

         Hosiery;

         Ink mixing and packaging and inked ribbons;

         Jewelry;

         Laboratories, provided there is no danger from fire or explosion, nor offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences;

         Laundries;

         Machine shops for tool, die, and pattern making;

         Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment;

         Precision instruments;

         Repair of household or office machinery or equipment;

         Soldering and welding;

         Storage of household goods;

         Wood products;

         Any other manufacturing establishment that can be operated in compliance with the performance standards of division (G) of this section without creating objectionable noise, odor, dust, smoke, fumes, or vapor, and that is a use compatible with the use and occupancy of adjoining properties;

         Off-street parking and loading, as permitted or required in §§ 152.110 through 152.115.

   (B)   Special uses. The following uses may be allowed by special use permit in accordance with the provisions of §§ 152.170 through 152.181: Any use which may be allowed as a special use in the B-3 Business District.

   (C)   Conditions of use. All permitted uses hereafter established are subject to the following conditions:

      (1)   Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth below.

      (2)   All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet high, but in no case lower in height than the enclosed storage and suitably landscaped.

      (3)   Open off-street loading facilities and open off-street parking of motor vehicles under one and one-half ton capacity may be unenclosed throughout the district, except for such screening of parking and leading facilities as may be required under the provisions of §§ 152.110 through 152.115.

      (4)   Uses established on August 4, 1986, and rendered nonconforming shall be permitted to continue, subject to the regulations of §§ 152.040 to 152.047.

      (5)   Uses established after August 4, 1986, shall conform fully to the performance standards hereinafter set forth for the district.

   (D)   Yard areas. No building or structure shall hereinafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building:

      (1)   Front yard. On every zoning lot, a front yard of not less than 50 feet in depth shall be provided, except where an M-1 district fronts upon an “R” district, a front yard of not less than 100 feet shall be provided, the inner 50 feet of which may be used for off-street parking.

      (2)   Side yards. On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than 10% of the lot width, but need not exceed ten feet in width.

   (E)   Maximum Floor Area Ratio. The maximum floor area ratio shall not exceed 1.0.

   (F)   Signs. The same regulations shall apply as in §§ 152.125 through 152.127.

   (G)   Performance standards. Any uses established hereinafter in any M-1 Manufacturing District shall be so operated as to comply with the performance standards set forth as follows:

      (1)   Noise. All uses shall comply with the noise regulations, as contained in Chapter 8 of the Illinois Pollution Control Board Regulations.

      (2)   Smoke and particle matter. All uses shall comply with the standard for smoke emission and particulate emissions as contained in the regulations of the Illinois Pollution Control Board.

      (3)   Odorous matter. The emissions of odorous matter from any property in such concentration as to be readily detectable at any point along the boundaries of property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.

      (4)   Vibration. Any process or equipment which produces intense earthshaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an M-2 District, where such setback shall not be mandatory. However, in no case shall such vibration be allowed to create a public nuisance or hazard beyond the property boundaries.

      (5)   Toxic or noxious matter. No use on any property shall discharge across the boundaries of the property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to other property or business.

      (6)   Glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.

      (7)   Fire and explosive hazards. Fire and explosive hazards shall be controlled as follows:

         (a)   Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the M-1 District.

         (b)   The storage, utilization or manufacture of such materials ranging from free or active burning to intense burning, as determined by the Building and Grounds Committee, is permitted under the following conditions:

            1.   All storage, utilization or manufacture of materials or products shall be within completely enclosed buildings or structures having incombustible exterior walls.

            2.   All such buildings or structures shall be set back at least 40 feet from property boundaries, or in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.

         (c)   The storage, utilization or manufacture of materials ranging from incombustible to moderate burning, as determined by the Building and Grounds Committee, is permitted.

         (d)   Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district with the exception of the following which are permitted:

            Materials required for emergency or standby equipment;

            Materials used in secondary processes which are auxiliary to a principal operation, such as paint-spraying of finished products;

            Flammable liquids and oils stored, sold and used in conjunction with the operation of an automobile service station and customarily required or used in such operation.

(Ord. passed 8-4-86)