The purpose of this article is to indicate the
requirements for access, visibility, off-street parking, off-street
loading, exterior lighting, vibration, noise, air pollution, odors,
electromagnetic radiation, glare and heat, fire and explosion, toxic
and noxious materials, waste materials and hazardous materials for
all development occurring within the jurisdiction of this chapter.
A.
No obstructions, such as structures, parking or vegetation,
shall be permitted in any district between the heights of three feet
and 10 feet above the plane through the mean curb grades within the
triangular space formed by any two existing or proposed intersecting
street or alley right-of-way lines and a line joining points on such
lines located at a minimum of 25 feet from their intersection.
B.
In the case of arterial streets intersecting with
other arterial streets or railways, the corner cutoff distance establishing
the triangular vision clearance space shall be increased to 50 feet.
A.
Purpose. The purpose of this section is to prevent
congestion of public rights-of-way and private lots so as to promote
the safety and general welfare of the public by establishing minimum
requirements for the provision of loading facilities on various sites.
B.
Applicability. Any use which has a gross floor area
of 6,000 square feet or more, and which requires deliveries or makes
shipments, shall provide off-street loading facilities in accordance
with the regulations of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with §§ 325-76 and 325-77. All loading areas shall be located on the private lot and shall not be located within, or so as to interfere with, any public right-of-way.
D.
Size of loading area. The first required loading berth
shall be designed in accordance with Table 325-74D.[1] All remaining required loading berths shall be a minimum
of 25 feet in length. All required loading berths shall have a minimum
vertical clearance of 14 feet. The following standards shall be the
minimum used to design loading areas:
[1]
Editor's Note: Table 325-74D is included at the end of this chapter.
E.
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 325-75 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and marking. All required loading areas
shall be paved and maintained in a dust-free condition at all times.
Said surface shall be marked in a manner which clearly indicates required
loading areas.
G.
Use of required loading areas. The use of all required
loading areas shall be limited to the loading and unloading of vehicles.
Said area shall not be used to provide minimum required parking spaces.
I.
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article VII.
J.
Depiction on required site plan. Any and all required
loading areas proposed to be located on the subject property shall
be depicted as to their location and configuration on the site plan
required for the development of the subject property.
K.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth
shall be required for each building having a gross floor area of 6,000
square feet to 29,999 square feet. For such uses located in buildings
having a gross floor area of 30,000 square feet or greater, two loading
berths shall be required.
(2)
Commercial (except offices), storage/disposal, transportation
and industrial land uses. One loading berth shall be required for
each building having a gross floor area of 6,000 square feet to 29,999
square feet. For such uses located in buildings having a gross floor
area of 30,000 square feet or greater, an additional loading berth
shall be required for any portion of each 50,000 square feet of gross
floor area in addition to the original 29,999 square feet.
(3)
Office land uses. One loading berth shall be required
for each building having a gross floor area of 6,000 square feet to
99,999 square feet. For such uses located in buildings having a gross
floor area of 100,000 square feet or greater, an additional loading
berth shall be required for any portion of each 100,000 square feet
of gross floor area in addition to the original 99,999 square feet.
A.
Purpose. The purpose of this section is to alleviate
or prevent congestion of public rights-of-way so as to promote the
safety and general welfare of the public by establishing minimum requirements
for the provision of off-street parking and circulation in accordance
with the utilization of various sites.
B.
Location and depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of § 325-75F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
C.
Use of off-street parking areas. The use of all required
off-street parking areas shall be limited to the parking of operable
vehicles not for lease, rent or sale. Within residential districts,
required parking spaces shall only be used by operable cars and trucks.
D.
Traffic circulation and traffic control. Site circulation
shall be designed to provide for the safe and efficient movement of
all traffic entering, exiting and on the site. Circulation shall be
provided to meet the individual needs of the site with specific mixing
of access and through movements, and where required, shall be depicted
on the required site plan. Circulation patterns shall conform with
the general rules of the road and all traffic control measures shall
meet the requirements of the Manual of Uniform Traffic Control Devices.
E.
Installation and maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area except as provided for by § 325-89D.
F.
Off-street parking and traffic circulation design
standards.
(1)
Surfacing and marking. All off-street parking and
traffic circulation areas (including all residential driveways except
those within the RH District) shall be paved with a hard, all-weather
surface, to the satisfaction of the Director of Public Works. Said
surfaces intended for six or more parking stalls shall be marked in
a manner which clearly indicates required parking spaces.
(2)
Curbing. All off-street parking areas designed to
have head-in parking within 6 1/2 feet of any lot line shall
provide a tire bumper or curb of adequate height and which is properly
located to ensure that no part of any vehicle will project beyond
the required setbacks of this chapter.
(3)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandles is recommended for said areas, and said illumination level shall not exceed the standards of § 325-78.
(4)
Access. Each required off-street parking space shall
open directly upon an aisle or driveway that is wide enough and designed
to provide a safe and efficient means of vehicular access to the parking
space without directly backing or maneuvering a vehicle into a public
right-of-way exceeding 82.5 feet in width. All off-street parking
and traffic circulation facilities shall be designed with an appropriate
means of vehicular access to a street or alley, in a manner which
least interferes with traffic movements. No driveway across public
property, or requiring a curb cut, shall exceed a width of 40 feet
for commercial and industrial land uses or 25 feet for residential
land uses. [See also Table 325-75G(1).] Off-street parking spaces
for residential uses may be stacked or in front of one another for
the same building unit. Parking spaces located behind an enclosed
garage and located directly off a through aisle shall be a minimum
of 30 feet deep.
(5)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article VII.
(6)
Handicapped parking spaces. Parking for the handicapped
shall be provided at a size, number, location and with signage as
specified by state and federal regulations.
(7)
Parking space design standards. Other than parking
required to serve the handicapped, every and all provided off-street
parking space shall comply with the minimum requirements of Table
325-75G(1). The minimum required length of parking spaces shall be
17.0 feet, plus an additional one-and-one-half-foot vehicle overhang
area at the end of the stall. All parking spaces shall have a minimum
vertical clearance of at least seven feet.
(8)
Snow storage. Required off-street parking and traffic
circulation areas shall not be used for snow storage.
G.
Calculation of minimum required parking spaces.
(1)
General guidelines for calculating required parking spaces. The requirements of § 325-75G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by § 325-75G(3) below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak hour parking space demand shall be provided by said land use.
[Amended 4-21-2014 by Ord. No. 03-2014]
Table 325-75G(1)
Parking Layout Dimensions
| |||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
0º
|
45º
|
60º
| |||||||||||
Stall width at parking angle (SW)
|
8.0
|
8.5
|
9.0
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
Stall width parallel to aisle (WP)
|
22.0
|
23.0
|
25.0
|
11.5
|
12.0
|
12.5
|
13.5
|
14.0
|
9.0
|
10.0
|
10.5
|
11.0
|
11.5
|
Stall depth to wall (D)
|
8.0
|
8.5
|
9.0
|
18.0
|
18.5
|
19.0
|
19.5
|
20.0
|
20.0
|
20.5
|
20.5
|
21.0
|
21.0
|
Stall depth to interlock (DI)
|
8.0
|
8.5
|
9.0
|
16.0
|
16.0
|
16.0
|
16.5
|
16.5
|
17.5
|
18.0
|
18.0
|
18.0
|
18.0
|
Stall length (SL)
|
22.0
|
23.0
|
25.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
Aisle width (AW)
|
11.0
|
10.5
|
10.0
|
11.0
|
10.5
|
10.0
|
9.0
|
9.0
|
18.0
|
17.0
|
17.0
|
16.0
|
15.0
|
Wall-to-wall parking module - single loaded (W1)
|
19.0
|
19.0
|
19.0
|
29.0
|
29.0
|
29.0
|
28.5
|
29.0
|
38.0
|
37.5
|
37.5
|
37.0
|
36.0
|
Wall-to-wall parking module - double loaded (W2)
|
27.0
|
27.5
|
28.0
|
47.0
|
47.5
|
48.0
|
48.0
|
49.0
|
58.0
|
58.0
|
58.0
|
58.0
|
57.0
|
Wall to interlock — double loaded (W3)
|
27.0
|
27.5
|
28.0
|
45.0
|
45.0
|
45.0
|
45.0
|
45.5
|
55.5
|
55.5
|
55.5
|
55.0
|
54.0
|
Interlock to interlock — double loaded (W4)
|
27.0
|
27.5
|
28.0
|
43.0
|
42.5
|
42.0
|
42.0
|
42.0
|
53.0
|
53.0
|
53.0
|
52.0
|
51.0
|
70º
|
80º
|
90º
| |||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Stall width at parking angle (SW)
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
Stall width parallel to aisle (WP)
|
8.5
|
9.0
|
9.5
|
10.0
|
10.5
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
8.0
|
8.5
|
9.0
|
9.5
|
10.0
|
Stall depth to wall (D)
|
20.5
|
20.5
|
20.5
|
21.0
|
21.0
|
20.0
|
20.0
|
20.0
|
20.0
|
20.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
Stall depth to interlock (DI)
|
18.0
|
18.0
|
18.0
|
18.0
|
18.5
|
17.0
|
17.5
|
17.5
|
17.5
|
17.5
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
Stall length (SL)
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
18.0
|
Aisle width (AW)
|
19.5
|
19.0
|
18.5
|
17.5
|
17.0
|
27.0
|
25.0
|
23.0
|
22.0
|
22.0
|
28.0
|
26.0
|
24.0
|
23.0
|
22.0
|
Wall-to-wall parking module - single loaded (W1)
|
40.0
|
39.5
|
39.0
|
38.5
|
38.0
|
47.0
|
45.0
|
43.0
|
42.0
|
42.0
|
46.0
|
44.0
|
42.0
|
41.0
|
40.0
|
Wall-to-wall parking module - double loaded (W2)
|
60.5
|
60.0
|
59.5
|
59.5
|
59.0
|
67.0
|
65.0
|
63.0
|
62.0
|
62.0
|
64.0
|
62.0
|
60.0
|
59.0
|
58.0
|
Wall to interlock - double loaded (W3)
|
58.0
|
57.5
|
57.0
|
56.5
|
56.5
|
64.0
|
62.5
|
60.5
|
59.5
|
59.5
|
64.0
|
62.0
|
60.0
|
59.0
|
58.0
|
Interlock to interlock - double loaded (W4)
|
55.5
|
55.0
|
54.5
|
53.5
|
54.0
|
61.0
|
60.0
|
58.0
|
57.0
|
57.0
|
64.0
|
62.0
|
60.0
|
59.0
|
58.0
|
(2)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved
by the Director of Public Works to provide required parking for one
or more uses shall provide a total number of parking spaces which
shall not be less than the sum total of the separate parking needs
for each use during any peak hour parking period when said joint parking
facility is utilized at the same time by said uses.
(b)
Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the access to all of the various areas it is designated to serve. See § 325-49F(1).
(c)
The applicant(s) for approval of a joint parking
facility shall demonstrate to the Director of Public Works' satisfaction
that there is no substantial conflict in the demand for parking during
the principal operating hours of the two of more uses for which the
joint parking facility is proposed to serve.
(d)
A legally binding instrument, approved by the
Village Administrator, shall be executed by any and all parties to
be served by said joint parking facility. This instrument shall be
recorded with the Register of Deeds office and filed with the Village
Clerk. A fee shall be required to file this instrument (refer to the
Village Administrator).
(3)
Minimum off-street parking requirements for land uses. The off-street parking requirements for each land use are listed within § 325-50.
(4)
Provision of fee-in-lieu of parking spaces development.
Within the Central Business District, the parking requirements of
this chapter are hereby waived.
(5)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way except within residential driveways and parking lots designated on the approved site plan (see § 325-112).
(b)
No private parking shall occur on street terraces,
driveways or any other areas located within a public right-of-way
not explicitly designated by the Director of Public Works.
(6)
Minimum permitted throat length. The Table 325-75G(6)
shall be used to determine the minimum permitted throat length of
access drives serving parking lots, as measured from the right-of-way
line along the center line of the access drive:
Table 325-75G(6)
Minimum Permitted Throat Length
| ||||
---|---|---|---|---|
Land Use
|
Type
|
Scale of Development
|
Type of Access Street
| |
Collector
|
Arterial
| |||
Residential
|
Any Residential
|
0-100 dwelling units
|
25 feet
|
—
|
101-200 dwelling units
|
50 feet
|
75 feet
| ||
201+ dwelling units
|
75 feet
|
125 feet
| ||
Commercial
|
Office
|
0-50,000 gross sq. ft.
|
25 feet
|
50 feet
|
50,000-100,000 gross sq. ft.
|
25 feet
|
75 feet
| ||
100,000-200,000 gross sq. ft.
|
50 feet
|
100 feet
| ||
200,001+ gross sq. ft.
|
100 feet
|
150 feet
| ||
In-Vehicle Sales
|
0-2,000 gross sq. ft.
|
25 feet
|
75 feet
| |
2,001+ gross sq. ft.
|
50 feet
|
100 feet
| ||
Indoor Entertainment
|
0-15,000 gross sq. ft.
|
25 feet
|
50 feet
| |
15,000+ gross sq. ft.
|
25 feet
|
75 feet
| ||
Commercial Lodging
|
0-150 rooms
|
25 feet
|
75 feet
| |
151+ rooms
|
25 feet
|
100 feet
| ||
Other Commercial Uses
|
0-25,000 gross sq. ft.
|
25 feet
|
50 feet
| |
25,001-100,000 gross sq. ft.
|
25 feet
|
75 feet
| ||
100,000-500,000 gross sq. ft.
|
50 feet
|
100 feet
| ||
500,001+ gross sq. ft.
|
75 feet
|
200 feet
| ||
Industrial
|
All Industrial Uses
|
0-100,000 gross sq. ft.
|
25 feet
|
50 feet
|
100,001-500,000 gross sq. ft.
|
50 feet
|
100 feet
| ||
500,000+ gross sq. ft.
|
50 feet
|
200 feet
| ||
All Other Uses
|
6+ parking spaces
|
25 feet
|
50 feet
|
All driveways installed, altered, changed, replaced
or extended after the effective date of this chapter shall meet the
following requirements:
A.
Islands between driveway openings in business and
industrial areas shall be provided with a minimum of 12 feet between
all driveways and six feet at all lot lines.
B.
Openings for vehicular ingress and egress shall not
exceed 24 feet at all lot lines.
C.
Vehicular entrances and exits to drive-in theaters,
banks and restaurants; motels; funeral homes; vehicular sales, service,
washing and repair stations; garages or public parking lots shall
be not less than 200 feet from any pedestrian entrance or exit to
a school, college, university, church, hospital, park, playground,
library, public emergency shelter or other place of public assembly.
D.
Shared driveways. Private driveways shall serve no
more than one residential or commercial use unless specifically approved
by the Plan Commission. Approvals for shared driveways shall be in
situations where literal enforcement of the standard for individual
private driveways serving each residential or commercial use would
conflict with highway access requirements, would not be practical
or would cause unnecessary hardship. The Plan Commission may attach
conditions or require periodic review of all exceptions to the driveway
standard.
E.
Residential driveways. In SR-3 or SR-4 residential
areas, each dwelling unit shall have driveway access to not more than
one street or highway, except through lots which shall not designate
more than one street or highway for driveway access.
A.
No direct private access shall be permitted to the
existing or proposed right-of-way of expressways, nor to any controlled
access arterial street, without permission of the highway agency that
has access control jurisdiction.
B.
No direct public or private access shall be permitted
to the existing or proposed rights-of-way of the following:
(1)
Freeway, interstate highways and their interchanges
or turning lanes nor to intersection or interchanging streets within
1,500 feet of the most remote end of the taper of the turning lanes.
(2)
Arterial streets intersecting another arterial street
within 100 feet of the intersection of the right-of-way lines.
(3)
Streets intersecting an arterial street within 50
feet of the intersection of the right-of-way lines.
C.
Access barriers, such as curbing, fencing, ditching,
landscaping or other topographic barriers shall be erected to prevent
unauthorized vehicular ingress or egress to the above-specified streets
or highways.
D.
Temporary access to the above rights-of-way may be
granted by the Plan Commission after review and recommendation by
the highway agencies having jurisdiction. Such access permits shall
be temporary, revocable and subject to any conditions required and
shall be issued for a period not to exceed 12 months.
A.
Purpose. The purpose of this section is to regulate
the spillover of light and glare on operators of motor vehicles, pedestrians
and land uses in the vicinity of a light source in order to promote
traffic safety and prevent the creation of nuisances. A further purpose
of this section is to regulate outdoor night lighting fixtures to
preserve and enhance the area's dark sky while promoting safety, conserving
energy and preserving the environment for astronomy.
B.
Applicability. The requirements of this section apply
to all private exterior lighting within the jurisdiction of this chapter
except for lighting within public rights-of-way and/or lighting located
on public property. For the purpose of this section:
(1)
"Exterior lighting" means an outdoor artificial illuminating
device, whether permanent or portable, used for illumination or advertisement,
including general lighting fixtures, searchlights, spotlights and
floodlights, whether for architectural lighting, parking lot lighting,
landscape lighting, signage or other purposes.
(2)
"Shielded" means a fixture that is shielded in such
a manner that light rays emitted by the fixture, either directly from
the lamp or indirectly from the fixture, are projected at least fifteen°
below a horizontal plane running through the lowest point on the fixture
where light is emitted.
C.
Depiction on required site plan. Any and all exterior
lighting shall be depicted as to its location, orientation and configuration
on the site plan required for the development of the subject property.
D.
Requirements.
(1)
Orientation of fixture. All exterior lighting shall
be shielded, except for incandescent fixtures of 150 watts or less,
and other sources of 70 watts or less. In no instance shall an exterior
lighting fixture be oriented so that the lighting element (or a transparent
shield) is visible from a property located within a residential zoning
district. The use of shielded luminaries and careful fixture placement
is required so as to facilitate compliance with this requirement.
(2)
Intensity of illumination and filtering. In no instance
shall the amount of illumination attributable to exterior lighting,
as measured at the property line, exceed 0.50 footcandles above ambient
lighting conditions on a cloudless night. In addition to this requirement,
all exterior lighting fixtures shall not exceed the illumination levels
recommended by the Illuminating Engineering Society of North America
(IES) as given in the Appendix.[1] All metal halide fixtures shall be filtered by a glass
or acrylic enclosure. Quartz glass shall not be considered as meeting
this requirement.
[1]
Editor's Note: Said Appendix, Appendix D: Exterior Lighting Standards, is included at the end of this chapter.
(3)
Location. Light fixtures shall not be located within
required bufferyards.
(4)
Flashing, flickering and other distracting lighting.
Flashing, flickering and/or other lighting which may distract motorists
are prohibited.
(5)
Minimum lighting standards. All areas designated on
required site plans for vehicular parking, loading or circulation
and used for any such purpose after sunset shall provide artificial
illumination in such areas at a minimum intensity of 0.4 footcandles.
(6)
Nonconforming lighting. All lighting fixtures existing
prior to the effective date of this chapter shall be considered as
legal conforming structures. However, such nonconforming fixtures
are encouraged to be extinguished by 11:00 p.m. All replacement fixtures
shall fully comply with the requirements of this section.
(7)
Special events lighting. Any temporary use using exterior
lighting that is not in complete compliance with the requirements
of this section shall secure a temporary use permit.
(8)
Display lot lighting. Display lot lighting shall be
extinguished within minutes after closing of the business. Under no
circumstances shall the illumination of display lots be permitted
between 11:00 p.m. and 7:00 a.m. All exterior lighting during such
period shall be at low levels for security purposes only.
(9)
Architectural lighting. All architectural lighting
shall be of 150 watts or less in incandescent and shall be of 70 watts
or less for other lighting types. Under no circumstances shall the
illumination of architecture be permitted between 11:00 p.m. and 7:00
a.m. All exterior lighting during such period shall have a minimum
of 90% of their light fall onto the illuminated structure rather than
into sky or space beyond the structure.
(10)
Use of mercury vapor fixtures. No new mercury
vapor exterior lighting fixtures shall be installed following the
effective date of this chapter.
No activity shall emit any fly ash, dust, fumes,
vapors, mists or gases in such quantities as to cause soiling or danger
to the health of persons, animals, vegetation or other forms of property.
No activity shall emit any liquid or solid particles in concentrations
exceeding 0.3 grains per cubic foot of the conveying gas, nor any
color visible smoke equal to or darker than No. 2 on the Ringelmann
Charts, described in the United States Bureau of Mines Information
Circular 7718, in any industrial district.
All activities involving the manufacturing,
utilization, processing or storage of inflammable and explosive materials
shall be provided with adequate safety devices against the hazard
of fire and explosion and with adequate fire-fighting and fire-suppression
equipment and devices that are standard in the industry. All materials
that range from active to intense burning shall be manufactured, utilized,
processed and stored only in completely enclosed buildings which have
incombustible exterior walls and an automatic fire extinguishing system.
No activity shall emit glare or heat that is
visible or measurable outside its premises except activities in the
general industrial district which may emit direct or sky-reflecting
glare which shall not be visible outside their district. All operations
producing intense glare or heat shall be conducted within a completely
enclosed building. Exposed sources of light shall be shielded so as
not to be visible outside their premises.
No activity shall discharge at any point onto
any land or into any water or public sewer any materials of such nature,
quantity, noxiousness, toxicity or temperature which can contaminate,
pollute or harm the quantity or quality of any water supply; can cause
the emission of dangerous or offensive elements; can overload the
existing municipal utilities; or can injure or damage persons or property.
A.
Purpose. The purpose of this section is to regulate
the creation of noise that adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply
to all uses and activities which create detectable noise, except that
these standards shall not apply to noise created during the construction
of the principal use on the subject property or by incidental traffic,
parking, loading, maintenance or agricultural operations
C.
Requirements.
(1)
All noise shall be muffled so as not be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in § 325-83C(1) (set out hereafter) as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, where said lot abuts property within any residential, office, commercial zoning district or the Planned Industrial (PI) District. (See § 325-34.)
Table 325-83C(1)
Maximum Permitted Noise Level at Lot Line
For Noise Radiated Continuously*
| ||
---|---|---|
Zoning District
|
Increase in Noise Level over Ambient Level
| |
RH, SR-3, SR-4, TR-8, MR-10, MR-12
|
plus 3 dBA
| |
NO, PO, PB, NB, CB, PI
|
plus 5 dBA
| |
GI, HI
|
plus 8 dBA
|
* If the noise is not smooth and continuous
or is present only during daytime hours, one or more of the corrections
in Table 325-83C(2) below shall be added to or subtracted from each
of the decibel levels given above in Table 325-83C(1).
|
(2)
Noises that were in effect as of the effective date
of this chapter shall be considered legal nonconforming noises. The
burden of proof to demonstrate that said noises were in effect prior
to the effective date of this chapter shall be the responsibility
of the noise producer.
Table 325-83C(2)
Adjustment Factors for Maximum Noise Levels
| ||
---|---|---|
Type of Operation in Character of Noise
|
Correction in Decibels
| |
Daytime operation only
|
plus 5
| |
Noise source operates less than 20% of any one-hour
period
|
plus 5*
| |
Noise source operates less than 5% of any one-hour
period
|
plus 10*
| |
Noise source operates less than 1% of any one-hour
period
|
plus 15*
| |
Noise of impulsive character (hammering, etc.)
|
minus 5
| |
Noise of periodic character (hum, speech, etc.)
|
minus 5
|
*Apply only one of these corrections.
|
A.
Purpose. The purpose of this section is to regulate
the creation of vibration that adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply
to all uses and activities that create detectable vibrations, except
that these standards shall not apply to vibrations created during
the construction of the principal use on the subject property.
C.
Depiction on required site plan. Any activity or equipment which create detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 325-111.)
D.
Requirements. No activity or operation shall cause
or create earthborn vibrations in excess of the displacement values
given below.
E.
Method of measurement. Measurements shall be made
at or beyond the adjacent lot line or the nearest residence district
boundary line as described below. Vibration displacements shall be
measured with an instrument capable of simultaneously measuring in
three mutually perpendicular directions. The maximum permitted displacements
shall be determined in each zoning district by the following formula:
D = K/f, where D = displacement in inches.
K = a constant to be determined by reference
to the tables below.
f = the frequency of vibration transmitted through
the ground, cycles per second.
|
F.
Standards in the General Industrial District. In the
General Industrial District, the maximum earth displacement permitted
at the points described below shall be determined by use of the formula
above and the appropriate K constant shown in the table below:
Location
|
K
| ||
---|---|---|---|
On or beyond any adjacent lot line
| |||
Continuous
|
0.015
| ||
Impulsive
|
0.030
| ||
Less than 8 pulses per 24-hour period
|
0.075
| ||
On or beyond any residence district boundary
| |||
line
| |||
Continuous
|
0.003
| ||
Impulsive
|
0.006
| ||
Less than 8 pulses per 24-hour period
|
0.015
|
G.
Standards in the Heavy Industrial District. In the
Heavy Industrial District, the maximum earth displacement permitted
at the points described below shall be determined by use of the formula
above and the appropriate K constant shown in the table below:
Location
|
K
| ||
---|---|---|---|
On or beyond any adjacent lot line
| |||
Continuous
|
0.030
| ||
Impulsive
|
0.060
| ||
Less than 8 pulses per 24-hour period
|
0.150
| ||
On or beyond any residence district boundary
line
| |||
Continuous
|
0.003
| ||
Impulsive
|
0.006
| ||
Less than 8 pulses per 24-hour period
|
0.015
|
H.
Standards in the Planned Industrial District. In the
Planned Industrial District, the maximum earth displacement permitted
at the points described below shall be determined by use of the formula
above and the appropriate K constant shown in the table below:
Location
|
K
| ||
---|---|---|---|
On or beyond any residence district boundary
line
| |||
Continuous
|
0.003
| ||
Impulsive
|
0.006
| ||
Less than 8 pulses per 24-hour period
|
0.015
|
A.
Purpose. The purpose of this section is to regulate
the creation of odor that adversely affects adjoining properties in
order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply
to all land uses and activities, except that these standards shall
not apply to odors created during the construction of the principal
use on the subject property or by incidental traffic, parking, loading
or maintenance operations. Public landfills and public sanitary sewage
treatment plants shall be exempted from the requirements of this section
as essential public services.
C.
Standards. Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property where said lot abuts property within any residential, office, commercial zoning district or the Planned Industrial (PI) District. (See § 325-34.)
A.
Purpose. The purpose of this section is to regulate
the creation of electromagnetic radiation that adversely affects adjoining
properties in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Applicability. The requirements of this section apply
to all land uses and activities.
C.
Standards. It shall be unlawful to operate or cause
to be operated any planned or intentional source of electromagnetic
radiation for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement,
weather survey, aircraft detection, topographical survey, personal
pleasure or any other use directly or indirectly associated with these
purposes which does not comply with the then-current regulations of
the Federal Communications Commission regarding such sources of electromagnetic
radiation. Further, said operation in compliance with the Federal
Communications Commission shall be unlawful if such radiation causes
an abnormal degradation in performance of other electromagnetic radiators
or electromagnetic receptors of quality and proper design because
of proximity, primary field, blanketing, spurious radiation, harmonic
content, modulation or energy conducted by power or telephone lines.
The determination of abnormal degradation in performance and of quality
and proper design shall be made in accordance with good engineering
practices as defined in the latest principles and standards of the
American Institute of Electrical Engineers, the Institute of Radio
Engineers and the Electronic Industries Association. In case of any
conflict between the latest standards and principles of the above
groups, the following precedence in the interpretation of the standards
and principles shall apply:
A.
No aboveground or below-ground storage tanks or other
containers of hazardous materials in excess of 55 gallons' capacity
shall be located in a residential district or within 25 feet of a
residential district boundary. Storage associated with residential
heating systems shall be excepted from this requirement.
B.
Where hazardous or inflammable materials used for
commercial purposes are stored above ground or where the valves or
other control mechanisms are not within an enclosed and security locked
structure, such facilities shall be enclosed within a security fence
not less than six feet in height if such facilities are within 200
feet of a residential district.
A.
Residential fences. Fences or hedges for residential
one- and two-family dwellings shall be erected or planted within the
lot lines. All fences and hedges shall be erected or planted so as
to not depreciate any immediate property or endanger any lives as
determined by the Building Inspector. (Recommendation: Property owners
are encouraged to review all applicable neighborhood restrictive covenants
prior to installation of any fence.) Residential fences shall comply
with the following requirements:
[Amended 9-20-2021 by Ord. No. 08-2021]
(1)
Dimensional requirements.
(a)
The maximum dimension of wood posts shall be
six inches nominal.
(b)
The maximum dimension of boards shall be one
inch by eight inches nominal.
(c)
The maximum diameter of individual pickets of
a stockade fence shall be three inches nominal.
(d)
The use of doors or plywood sheets is prohibited.
(e)
All structural elements of the fence shall face
the interior of the lot on which the fence is erected unless otherwise
exempted by the Building Inspector.
(f)
Barbed wire and electrical fences are prohibited.
(g)
Fences and hedges in side and rear yards shall
not exceed six feet in height from ground level.
(h)
Fences or hedges in side yards shall not extend
beyond the front building line of the dwelling.
(i)
Where such lot line is adjacent to nonresidentially
zoned property, there shall be an eight-foot height limit from ground
level.
B.
Fences and hedges in street yards. Only decorative
fences or hedges may be erected in street yards subject to the following
requirements:
(1)
Decorative fences or hedges shall be defined as a
barrier, which utilizes natural materials such as wood or stone, ornamental
vinyl or steel, and includes such plant materials as hedges. Wire,
chain link or cyclone types of fencing materials are prohibited.
(2)
No fencing will be allowed in a right-of-way or easement.
(3)
No fence or hedge shall be erected, constructed, maintained
or grown to a height exceeding three feet above the street grade nearest
thereto.
(4)
No fence or hedge shall be erected on any corner lot
less than 10 feet from the traveled portion of any public highway.
Fences or hedges are also prohibited in any location where such barrier
creates a potentially hazardous site-line situation, as determined
by the Building Inspector. In making such determination the Building
Inspector shall utilize the "Vision Triangle Formula" of the Village
Engineer.
C.
Setback for fences and hedges. A fence may be erected
up to the lot line, but no part of the fence or post may encroach
over the lot line. (Recommendation: Property owners are encouraged
to hire a surveyor to determine the location of property lines prior
to installation of any fence. If the fence is kept back from the property
line it will allow easier maintenance without going on property owned
by someone else. Keep plantings back from the property line to allow
easy maintenance.)
[Amended 9-20-2021 by Ord. No. 08-2021]
D.
Fences in nonresidential zoning districts. Acceptable materials include wood, stone, brick, wrought iron, chain link and wire mesh. When used in lieu of landscaping to provide screening, fences shall not be less than five feet nor greater than eight feet in height. See § 325-62.
E.
Prohibited fences. No fence shall conduct electricity
or be designed to electrically shock. No fence shall be barbed wire;
provided, however, that barbed wire may be used in industrially zoned
areas if the devices securing the barbed wire to the fence are 10
feet above the ground in height and project toward the fenced property
and away from any public area. No fence shall be attached to a tree.
F.
Security fences. Security fences are permitted on
the property lines in all districts except residential districts,
but shall not exceed 10 feet in height and shall be of open-type similar
to woven wire or wrought iron fencing.
G.
Fences to be repaired. All fences shall be maintained
in a neat, sightly and safe manner. The Building Inspector may condemn
any fence or hedge not so maintained. The determination to condemn
a fence or hedge under this section shall be made in accordance with
the definitions and procedures outlined in this chapter.
H.
Temporary fences. Fences erected adjacent to public
rights-of-way for the protection of planting or to warn of construction
hazards or for similar purposes shall be clearly visible or marked
with colored streamers or other such warning devices at four-foot
intervals. Such fences shall comply with the setback requirements
set forth in this article. Temporary fences shall not be erected for
more than 45 days. Extension of the 45 days requires approval from
the Building Inspector.
I.
Nonconforming fences and hedges. Any fence or hedge
existing on the effective date of this Municipal Code and not in conformity
with this article may be maintained, but any alteration, modification
or improvement of said fence shall comply with this article.
J.
Pool fences.
(1)
In-ground pools. All outdoor, in-ground swimming pools
shall have a fence or other solid structure not less than five feet
in height completely enclosing the pool with no opening therein (other
than doors or gates) larger than four inches in a horizontal dimension.
Fences with horizontal openings larger than four inches will be permitted
if the vertical openings in the fence are not greater than one inch
and the fence is considered by the Building Inspector to be nonclimbable.
All gates or doors opening through the enclosure shall be kept securely
closed and locked at all times when the pool is not in actual use.
Gates shall be equipped with self-closing hinges and a latch that
is intended to discourage unauthorized entry by small children.
(2)
Aboveground pools.
(a)
An approved barrier shall consist of a solid
wall of durable material of which the pool itself is constructed and
shall extend directly above the vertical water-enclosing wall of the
pool. Such walls shall extend not less than three feet above the level
of the ground immediately adjacent to the pool. Such solid pool wall
barrier shall not be located within six feet of any other wall or
fence or other structure which can be readily climbed by children.
Every entrance to a pool, such as a ladder, must be secured or adequately
safeguarded to prevent unauthorized entry into the pool.
(b)
The pool enclosure may be omitted where portable
pools are installed above ground and have a raised deck around the
entire pool perimeter with an attached enclosed railing a minimum
of 48 inches high on the top.
K.
Fences not requiring permits. Garden fences two feet
or less in height, snow fences placed seasonally, arbors, trellises,
and similar structures shall not require a permit. The Building Inspector
may order the removal of any fence or structure subject to this section
not kept in a neat, sightly, and safe manner.
[Amended 3-15-2021 by Ord. No. 02-2021][1]
[1]
Editor's Note: Former Subsection L, Fence permit required,
which immediately followed this subsection, was repealed 9-20-2021 by Ord. No. 08-2021.
A.
Purpose. The purpose of this section is to control the use of residential, office and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to § 325-49.
B.
Requirements for exterior vehicle and related equipment
storage in residential zoning districts. No person shall park or store
recreational vehicles on a lot in a residential district except within
a fully enclosed structure or except as provided herein.
(1)
For the purposes of this chapter, a recreational vehicle
or equipment shall include boats, boats with trailers, motor homes,
motor coaches, pickup campers, camping trailers, travel trailers,
fifth-wheel trailers, large utility trailers, race cars and their
trailers, canoes or kayaks and their trailers, tent campers, folding
campers, utility trailers, carnival equipment and their trailers,
and cases or boxes used to transport recreational vehicles or their
equipment, vehicle equipment and accessories such as truck toppers,
convertible tops, ski, bicycle and canoe racks and similar equipment
and vehicles.
(2)
Outside parking of recreational vehicles and equipment
are subject to the following provisions:
(a)
In the rear yard, no more than two recreational
vehicles may be parked or stored outside a fully enclosed structure.
A recreational vehicle shall not be located closer than three feet
to a side or rear lot line.
(b)
In the front, street or side yard, recreational
vehicle storage or parking shall be located on a paved (concrete or
asphalt) surface, but shall not occupy a required vehicle parking
space (see parking requirements per specific land use). Recreational
vehicle storage or parking shall not be located elsewhere in a side
or front yard, including in or blocking access to required parking
spaces, lawn area, sidewalk or street right-of-way.
(c)
The recreational vehicle shall be maintained
and be in good condition and safe for effective performance for the
function in which it was intended. The exterior of the vehicle shall
be intact.
(d)
Recreational vehicles shall be roadworthy. Vehicles
that require a license shall be properly licensed.
(e)
No recreational vehicles or equipment shall
be parked or stored in any open space outside a building unless such
equipment is wholly owned by the property owner, who shall be in residence
at the property in question. If the property is rented, such storage
shall be permitted to the tenant only, provided that such equipment
is owned by the tenant.
(f)
All equipment shall be parked or stored as inconspicuously
as possible on the property. The area around the equipment or vehicle
must be kept weed-free and free of accumulation of other storage material.
(g)
At no time shall a recreational vehicle be used
for permanent living, sleeping or materials storage. No recreational
vehicle shall be permanently connected to water, gas, electric or
sanitary sewer service.
C.
Requirements for exterior material storage in residential
zoning districts. No person shall store materials on a lot in a residential
district except within a fully enclosed structure or except as provided
herein.
(1)
For the purposes of this chapter, outdoor storage
of materials shall include all materials and equipment not related
to recreational vehicles or play equipment.
(2)
The total area devoted to exterior material storage
on each lot shall not exceed 100 square feet. Said storage may occur
in multiple locations, as regulated below.
(a)
No exterior material storage shall occur in
the front or street yard.
(b)
In the side or rear yard, exterior material
storage shall not be located closer than three feet to a side or rear
lot line. Such storage shall be located to minimize visibility from
adjoining properties and the public street.
D.
Requirements for exterior storage in office and commercial districts. In all office and commercial zoning districts (see § 325-34 for a listing of these districts), all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking.
E.
Inoperative motor vehicles and junk. Refer to the
Village Code.
A.
Purpose. The purpose of this section is to regulate
the use of certain exterior construction materials creation so as
to attain a degree of uniformity in exterior appearance and thus maintain
and enhance the attractiveness and property value of certain zoning
districts.
B.
Applicability. The requirements of this section apply
to all land uses and activities.
C.
Standards for all residential, office, commercial
and the PI Zoning Districts.
(1)
Except for exposed foundations not to exceed three
feet in height from the adjacent grade, all non-single-family development
located within the RH, SR-4, TR-8, HR-9, MR-10, MR-12, NO, PO, NB,
PB, CB and PI Districts shall employ only high-quality, decorative
exterior construction materials on the visible exterior of the following
portions of all structures and buildings:
(a)
Any portion of the building or structure visible
from adjacent residentially zoned property;
(b)
Any portion of the building or structure located
within 50 feet of a public right-of-way; or,
(c)
Any other portion of the building or structure
visible from a public street and/or situated at an angle of 60°
or less from a line which is parallel to the nearest right-of-way
(for uncurved rights-of-way); or from a line which is parallel to
a chord connecting the right-of-way boundary on the inside side of
the curve at points located at, or opposite from, the two outer boundaries
of the subject property along the right-of-way line (for curved rights-of-way).
(2)
The following exterior construction materials shall
not be considered "high quality, decorative": non-decorative concrete
block or cinder block, non-decorative concrete foundation walls or
panels, corrugated or other metal with exposed fasteners, non-decorative
plywood, asphaltic siding or other materials using exposed fastener
systems or non-decorative surfaces as determined by the Plan Commission.
D.
Trademark architecture shall not be permitted.
A.
Solar collectors. Ground-mounted, roof-mounted, and canopy-mounted
solar energy collection systems are regulated as accessory uses as
follows:
[Amended 6-21-2021 by Ord. No. 05-2021]
B.
Wind generators. Wind generators may be attached to
the principal structure or constructed as an accessory structure subject
to all of the restrictions of an accessory structure. Wind generators
may be constructed to a height up to 60 feet, provided that for each
foot in height they shall be constructed at least one foot from the
property line.
C.
Satellite dishes and other communications equipment.
Satellite dishes and other communications equipment may be attached
to principal buildings or constructed as accessory structures subject
to all of the restrictions of an accessory structure. Satellite dishes
attached to principal or accessory structures may not exceed the height
of buildings allowed in the district in which it is located. Communications
towers and antennas may be constructed to a height up to 60 feet,
provided that for each foot in height they shall be constructed at
least one foot from the nearest property line. Television antennas
less than 20 feet in height above the roofline on residences are exempted
from this requirement.
A.
Purpose. The purpose of this section is to regulate
the creation of drainage that adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply
to all land uses and activities.
C.
Standards. No land shall be developed and no use shall
be permitted that results in water runoff that causes property damage,
a nuisance and/or erosion on adjacent properties. Such runoff shall
be properly conveyed to a public storm drain, drainageway or other
such public drainage facility per the approval of the Director of
Public Works. All parking lots 4,000 square feet or larger shall be
internally drained with catch basins connected to a municipal storm
sewer.