(A) Intent and purpose.
(2) Within 150 feet of a Residence District, all business, production, servicing, processing, and storage shall take place or be within completely enclosed buildings, except that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required within this chapter, or as additionally required by the Zoning Officer. However, within 150 feet of a Residence District, off-street loading facilities and off-street parking of motor vehicles under one and one-half ton capacity may be unenclosed, except for screening of parking and loading facilities as may be required under the provisions of §§ 159.112 through 159.116.
(B) Permitted. The following uses are permitted:
(1) Any use permitted in the M-1 District;
(2) Any production, processing, cleaning, servicing, testing, repair, or storage of materials, goods, or products which conforms to the performance standards established for this district;
(3) Cement block manufacturer;
(4) Personal communication facility, located on property owned by the village or other government entity.
(C) Special uses. Upon recommendation by the Planning and Zoning Commission, after public hearing on the petition pertaining thereto, in accordance with the requirements set forth in § 159.176, special uses of this chapter, the corporate authorities of the village may, by "special use permit" allow the following in the district:
(1) Any use which may be allowed as a "special use" in the M-1 District;
(2) Clean construction and demolition debris (CCDD) facility in conformance with the state statutes governing the siting, location, approval, notice, study and fees of such facilities. In addition, CCDD facilities must conform to the following standards:
(a) Facilities must obtain and maintain a permit from the Illinois Environmental Protection Agency (IEPA). Facilities must conform to all IEPA regulations and submit to all inspections from the IEPA or its designee, the Will County Land Use Department.
(b) The borders of the property shall be screened with a solid fence, wall, landscaped berm at least six feet in height, or natural screen barrier capable of providing 100% screening when the property is adjacent to or across the street from any district other than an industrial district or when the property abuts a public right-of-way.
(c) Facilities must ensure that no dirt, mud, dust, or debris is tracked onto any public roadway by vehicles leaving the site. Any costs for road cleaning shall be the sole responsibility of the applicant.
(d) All loads accepted for disposal at the site shall be able to trace back to their point of origin through the use of the applicable IEPA Certification form and a profile number unique to each generating source location. Records of loads accepted shall be kept in accordance with the site's IEPA permit or for a period of three years. In the event of consolidated loads accepted containing soils originating from more than one generator, a list of all origins will be traceable from the records or confirmation through analytical testing may be utilized.
(e) At a minimum, one random soil load delivered to the facility each day, shall be selected for a discharge inspection. The driver of any randomly selected load must be directed to discharge the load at a separate, designated location within the facility. The load shall be spread out and screened with a PID or other monitoring devices approved by the applicable authorities. Readings shall not exceed the background levels. Loads shall also be screened for non-CCDD materials. Documentation of results shall be recorded and the records kept per the site's IEPA permit. If the load is rejected then the load is to be immediately removed from the site and no further loads are to be accepted from the generating source until compliance with IEPA regulations can be re-established.
(f) Any rejected loads shall be reported to the applicable authorities within 24 hours. For all loads the owner or operator is required to report, at a minimum, name and location address of facility, the date and time of the inspection, the weight or volume of the CCDD or uncontaminated soil, the name of the hauler, the name of the hauling firm, the vehicle identification number or license plate number, the source site owner and operator, and the location of the site of origin of the fill.
(g) No on-site salvaging of CCDD materials or byproducts shall be allowed unless expressly permitted by the IEPA. Materials serving a beneficial use on site may be re-used.
(h) A plan for the reclamation of the land shall be provided as part of the application for the special use permit. The plan of reclamation shall be accompanied by security in an amount equal to the cost to cover the site with one foot of topsoil and appropriate seeding. The applicant shall provide a cost estimate for this work by a certified professional engineer. This estimate may be reviewed every five years and adjusted for the current state of the facility and the Construction Cost Index (CCI). Any security amount required by the IEPA may be deducted from this amount.
(i) In the event of facility closure by any enforcement agency, operations shall cease until the facility owner provides written proof that the matter has been resolved with the applicable authorities, and that such authorities or a court of competent jurisdiction have authorized the reopening and continued operation of the facility.
(3) Compost facility in conformance with the state statutes governing the siting, location, approval, notice, study and fees of such facilities. In addition, compost facilities must conform to following standards:
(a) Facilities must obtain and maintain a permit from the Illinois Environmental Protection Agency (IEPA). Facilities must conform to all IEPA regulations and submit to all inspections from the IEPA or its designee, the Will County Land Use Department.
(b) The borders of the property shall be screened with a solid fence, wall, or landscaped berm at least six feet in height when the property is adjacent to or across the street from any district other than an industrial district or when the property abuts a public right-of-way.
(c) Facilities must ensure that no dirt, mud, dust, or debris is tracked onto any public roadway by vehicles leaving the site. Any costs for road cleaning shall be the sole responsibility of the applicant.
(4) Electrical power generation station or facility in conformance with the state statutes governing the siting, location, approval, notice, study and fees of such facilities. In addition, such facilities must conform to following standards:
(a) Facilities must obtain and maintain a permit from the Illinois Environmental Protection Agency (IEPA). Facilities must conform to all IEPA regulations and submit to all inspections from the IEPA or its designee.
(b) The borders of the property shall be screened with a solid fence, wall, or landscaped berm at least six feet in height when the property is adjacent to or across the street from any district other than an industrial district or when the property abuts a public right-of-way.
(c) Facilities must ensure that no dirt, mud, dust, or debris is tracked onto any public roadway by vehicles leaving the site. Any costs for road cleaning shall be the sole responsibility of the applicant.
(5) Junk yards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high. Outside storage not to exceed the height of the solid fence or if the topography of nearby residential areas within 660 feet allows for visual contact, outside storage shall not be seen;
(6) Mining or extraction of minerals, sand, gravel, topsoil, or other aggregates, including equipment, buildings, or structures for screening, crushing, mixing, washing, or storage, provided that:
(a) No open pit or shaft will be less than 200 feet from any property line or public right-of-way;
(b) All buildings or structures shall be located not less than 200 feet from any property line;
(c) The borders of the property shall be fenced with a solid fence or wall at least six feet in height when the property is adjacent to or across the street from any district other than an industrial district;
(d) A plan of development for the reclamation of the land shall be provided as part of the application for the special use permit. The plan of development shall be accompanied by a written agreement between the owner or his agent and the village and a performance bond in an amount equal to the cost of the reclamation of the land as set forth in the development plan;
(e) No blasting or other use of explosives is permitted unless specifically requested and authorized within the special use permit after the required public hearing by the Planning & Zoning Commission (PZC). If permitted by the Village Board, blasting must conform to the following standards:
1. The use, handling and detonation of explosives (sometimes referred to as "blasting") in connection with said quarrying operations shall be under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency, State of Illinois or Will County, such persons shall meet the licensing requirements and obtain such license and furnish such proof to the village.
2. The storage of explosives shall be in accordance with all applicable federal and state laws and regulations and shall be stored in magazines, buildings, or structures which shall meet the safety requirements of such laws and regulations.
3. Blasting procedures shall be in accordance with modern techniques, generally accepted in the quarrying industry, whereby a shot shall consist of a series of drill holes containing quantities of explosives fired or detonated in sequence of multiple delays at intervals of milliseconds, so as to counteract and reduce the ground motion or earthborne vibration from each successive detonation (sometimes referred to as "short period delay blasting"). Blasting procedures shall be designed, on the basis of maximum charge per delay (that is, quantity of explosives in pounds per detonation) and distances in feet, so that the maximum ground vibration intensity shall not exceed 0.5 inches per second of ground particle velocity resulting from any shot or blast measured by any one of three mutually perpendicular planes of ground motion as recorded at the nearest existing building.
4. Blasting procedures shall be subject to and comply with the applicable lawful requirements of the Illinois Pollution Control Board, Illinois Department of Mines and Minerals, Mine Enforcement and Safety Administration (MESA) of the United States Department of the Interior, and any other governmental agency having jurisdiction thereof.
5. Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.
6. Compliance with the provision of these regulations governing blasting procedures and quarrying operations shall be subject to review and inspection from time-to-time by authorized village officials, upon reasonable prior notice and during reasonable business hours.
7. The actual detonation of any blast will be restrictive to the local time period between 1:00 p.m. and 4:30 p.m. Monday through Saturday of each week. No blasting shall take place on Sunday or on the following legal holidays: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
(7) Personal communication facilities;
(8) Pollution control facilities including, but not limited to, landfill and/or compaction operations, used in the disposal and/or storage of wastes, not classified as "hazardous, special wastes", by the appropriate county, state and/or federal governmental agencies.
(9) Recycling center, garbage transfer station or similar type of use in conformance with the state statutes governing the siting, location, approval, notice, study and fees of such facilities;
(10) Stockyards, slaughtering, livestock, poultry, and the like;
(11) Temporary building, trailer, or yard for construction materials or equipment, both incidental and necessary to construction in the Zoning District. Each permit shall specify the location of the building or yard and the area of permitted operation. Each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location;
(12) Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location; and,
(13) Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be non-illuminated. Each permit shall specify the location of the sign. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.
(D) Temporary uses. Upon application to and issuance by the Zoning Officer of a permit therefore, the following uses may be operated as temporary uses:
(1) Temporary building, trailer, or yard for construction materials or equipment, both incidental and necessary to construction in the Zoning District. Each permit shall specify the location of the building or yard and the area of permitted operation. Each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location;
(2) Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location; and,
(3) Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be non illuminated. Each permit shall specify the location of the sign. Each permit shall be valid for a period of not more than year and shall not be renewed for more than five successive periods at the same location.
(E) Accessory uses. Accessory uses, buildings, or other structures and devices customarily incidental to or commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use.
(F) Site and structure requirements.
(1) Minimum area. The minimum area for the district shall be not less than ten acres.
(2) Individual lot area. Individual lots within a district shall have a minimum area of one acre, 43,560 square feet.
(3) Individual lot width/frontage. Individual lots shall be a minimum width of 200 feet, corner lots shall be a minimum of 225 feet.
(4) Lot depth. The minimum lot depth for each lot shall not be less than 200 feet.
(5) Lot coverage/impervious surface. Lot coverage shall not exceed 60% of the lot. Lot coverage plus impervious surface coverage shall not exceed a total of 85% of the total lot.
(6) Building height. No building or structure shall be erected or altered to exceed a maximum height of 40 feet or 3-1/2 stories, whichever is less.
(7) Setbacks.
(a) Front yards. A 25 foot front yard shall be required, from the property line. For properties having multiple frontages, a front yard setback shall be provided along each such street. For properties whose front yard abuts a residential district, the front yard setback shall be not less than 50 feet;
(b) Side yards. Side yard areas shall be not less than 20 feet in width, except that a side yard which abuts a residential district shall be not less than 30 feet;
(c) Rear yards. Not less than 25 feet, except when a rear lot line adjoins a railroad right-of-way including also spur or team track right-of-way, a rear yard need not be provided. Where abutting or across from a residential district, a 50 foot rear lot line shall be required.
(8) Floor area ratio (F.A.R.). For all uses the floor area ratio (F.A.R.) for each lot shall not exceed eight-five hundredths (0.85).
(G) Special provisions.
(1) Enclosure of operations. All business, servicing, or processing shall be conducted within completely enclosed buildings, except the following:
(a) Off-street parking or loading; and
(b) Accessory uses.
(a) Front yard: Required front yard setback;
(b) Side or rear yard, not adjacent a residential zoning district: Five feet side or ten feet rear, provided that the required setback for off-street parking, loading, and unloading areas may be reduced to zero if an easement providing access between and across the subject property and the adjoining lots(s) has been duly recorded. Such reduction in the required off-street parking, loading, and unloading area setback may only be permitted along the lot line coincident with the adjoining property that is party to the recorded access easement agreement.
(c) Side or Rear yard adjacent to a residential use: 50 feet; and
(d) No parking in corner side yards.
(7) Outdoor storage. All in accordance with applicable regulations set forth in § 159.080(I); and
(8) Accessory uses. All in accordance with applicable regulations set forth in § 159.020.
(9) IEPA regulations adopted by reference. The standards, specifications, and regulations of the Illinois Environmental Protection Agency, latest editions, are hereby incorporated into this chapter and made a part thereof this reference. Such standards, specifications, and regulations shall include those as required by the following:
(a) Illinois Pollution Control Board Rules and Regulations: Public Water Supplies;
(b) Illinois Pollution Control Board Rules and Regulations: Livestock Waste;
(c) Illinois Pollution Control Board Rules and Regulations: Solid Waste;
(d) Illinois Pollution Control Board Rules and Regulations: Air Pollution Regulations;
(e) Illinois Pollution Control Board Rules and Regulations: Noise Pollution Control Regulations;
(f) Illinois Pollution Control Board Rules and Regulations: Water Pollution;
(g) State of Illinois: The Environmental Protection Act, and Illinois Pollution Control Board Rules and Regulations, Mine Waste Regulations.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07; Am. Ord. 11-0924, passed 10-5-11; Am. Ord. 11-0925, passed 10-5-11; Am. Ord. 14-1086, passed 2-5-14)