6.0 - INDUSTRIAL DISTRICTS

ZONING ORDINANCE - 6.0 - INDUSTRIAL DISTRICTS

6.0 - PURPOSE

Industrial district regulations govern the location, intensity, and method of development of the industrial areas of Gurnee. The regulations are designed to provide for the grouping together of industries that are compatible to one another and that are not objectionable to the community as a whole. The regulations are intended to preserve the lands for industrial and allied uses and prohibit the intrusion of residential and other noncompatible uses into the industrial area. The performance of the industrial uses is regulated by standards for the external effects of noise, smoke, vibration and other potential nuisances. Petitioners for industrial zoning are encouraged to apply for such zoning only in areas designated for industrial usage on the official "Interim Land Use Plan of Gurnee, Illinois." Industrial uses are grouped into three (3) classifications:
 

I-1 - Restricted Industrial District
I-2 - General Industrial District
I-3 - Intensive Industrial District


For purposes of determining the restrictiveness of the three (3) industrial zoning classifications, I-1 shall be considered the most restrictive (highest) industrial district, and I-3 shall be considered the least restrictive (lowest) industrial district.
 

6.1 - I-1 RESTRICTED INDUSTRIAL DISTRICT

6.1.1 - DESCRIPTION OF DISTRICT

The I-1 Restricted Industrial District is intended to control the development of lands to be used by industrial firms that have high standards of performance and that can locate in close proximity to business uses, and in locations convenient to residential areas, without creating nuisances. The district regulations are designed to permit the operations of most manufacturing, wholesaling, and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. Some retail uses are permitted that service the industrial uses within the industrial area or that do not depend upon intensive visits of retail customers. In this district, outdoor storage must be completely screened and all industrial operations must be in an enclosed building.
 

6.1.2 - PERMITTED USES

Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the I-1 Restricted Industrial District only in accordance with conditions specified. Only those uses specifically listed hereunder shall be considered permitted uses, and no building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of: a) uses lawfully established prior to the effective date of this Ordinance, or b) special uses in compliance with the provisions of Section 6.1.3. The following uses, itemized under "Major Category Groupings," constitute the only permitted uses in the I-1 zoning district:

1. - INDUSTRIAL USES
a. - Bakeries; manufacturing.
b. - Blacksmith shops.
c. - Cabinetmakers.
d. - Contractor's Equipment Storage Yards.
e. - Crematories.
f. - Dry Cleaning Establishments; with central plant serving more than one retail outlet.
g. - Exterminating and Fumigating Shops.
h. - Glazing Shops.
i. - Launderers; industrial.
j. - Laundries; with central plant serving more than one retail outlet.
k. - Medical Research Facilities.
l. - Ornamental Ironworks Shops.
m. - Print Shops.
n. - Printing, Publishing and Lithography Industries.
o. - Sheet Metal Shops.
p. - Sign Contractors.

2. - WAREHOUSE AND WHOLESALE USES
a. - Automobile Storage Facilities.
b. - Beverage Distributors.
c. - Warehouses.
d. - Wholesale Establishments-completely enclosed.

3. - SERVICE USES
a. - Ambulance Service Garages.
b. - Animal Shelters/Kennels.
c. - Automobile Diagnostic Centers and Clinics.
d. - Automobile Driving Schools.
e. - Automobile Rentals.
f. - Automobile Repair Garages.
g. - Blueprinting and Photostatting Establishments.
h. - Cartage and Express Facilities.
i. - Credit Unions.
j. - Dental or Medical Laboratories.
k. - Electrical Shops.
l. - Furniture Cleaning, Upholstering and Repair.
m. - Linen, Towel, Diaper and Similar Supply Services.
n. - Newspaper Distribution Agencies.
o. - Packing and Crating Services.
p. - Parcel Pick-Up and Delivery Services.
q. - Refrigeration Shops.
r. - Taxicab Garages.
s. - Taxidermists.
t. - Towing Services.
u. - Window Cleaning Services.
*v. - Equipment Rental and Leasing Service without outside storage, display, or maintenance of said equipment.

*(Amended July 16, 2001, Ord. No. 2001-60)


4. - RETAIL BUSINESS USES
a. - Automobile Accessory Stores.
b. - Automobile Sales and Service.
c. - Bars and Cocktail Lounges; including dancing and/or live entertainment.
d. - Bicycle Sales and Repair Shops.
e. - Boat Sales, Rentals, Storage, and Repairs.
f. - Building Material Supplies, Sales and Service.
g. - Camper Sales.
h. - Catalog Sales and Mail Order Stores.
i. - Christmas Tree Sales.
j. - Farm Supply Stores.
k. - Feed and Grain Sales.
l. - Fuel Oil Sales.
m. - Furnace Supplies and Service.
n. - Greenhouses; retail or wholesale sales.
o. - Heating Supplies and Fixture Sales.
p. - Home Supply Centers.
r. - Lawnmower Sales and Repairs.
s. - Mobile Home Dealers.
t. - Motorcycle Sales, Repairs and Service.
u. - Nurseries; retail or wholesale sales.
v. - Plumbing Supplies and Fixture Sales.
w. - Recreational Vehicle Sales.
x. - Retail Outlet Stores; accessory to a manufacturing or wholesale establishment.
y. - Septic Tank Sales and Service.
z. - Snowmobile Sales and Service.
aa. - Taverns.
bb. - Tire, Battery and Accessory Dealers.
cc. - Trading Stamp Stores.
dd. - Trailer Sales and Rentals.
ee. - Truck and Recreational Vehicle Sales and Service.
ff. - Water Softener Sales and Services.

5. - OFFICE USES
a. - Architect's Office.
b. - Contractor's Construction Offices.
c. - Engineering Office.
d. - Labor Union Offices.
e. - Landscape Architect's Office.
f. - Manufacturer's Agent Office.
g. - Offices for Executive to Administrative Purposes.
h. - Taxicab Offices.
i. - Utility Offices.

6. - AGRICULTURAL USES
a. - Agricultural Buildings and Structures.
b. - Cultivation of Field and Garden Crops.
c. - Farms.

7. - RECREATION AND SOCIAL FACILITIES
a. - Bowling Alleys.
b. - Skating, Ice, or Roller Rinks; Indoor.

8. - PUBLIC, EDUCATION OR UTILITY USES
a. - Bus Maintenance Shops.
b. - Bus Passenger's Stations.
c. - Bus Terminals, Turnarounds, and Lots.
d. - Electric Substations, Gas Regulator Stations, and Telephone Exchanges.
e. - Fire Stations.
f. - Police Stations.
g. - Pumping Stations, Water Towers, Water Works, or Wells; public.
h. - Railroad Passenger's Stations.
i. - Telephone Transmission Equipment Buildings and Micro-Wave Relay Towers.

9. - MISCELLANEOUS USES
a. - Model Home or Garage Displays.
b. - Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a permitted use subject to the provisions of Section 8.14 of this Ordinance.
(Amended November 6, 2000, Ord. No. 2000-142)
 

6.1.3 - SPECIAL USES

Special uses, as hereinafter listed, may be allowed subject to the issuance of special use permits in accordance with the provisions of Article 13. The following uses, itemized under "Major Category Groupings," constitute the only special uses in the I-1 zoning district:

1. - INDUSTRIAL USES
a. - Air Freight Terminals.
b. - Automobile Paint Shops.
c. - Automobile Undercoating Services.
d. - Bottling Works.
e. - Chemical Processing and Production.
f. - Dairy Products Manufacturing.
g. - Electroplating Industries.
h. - Food Processing and Packing.
i. - Machine Shops.
j. - Motor Freight Terminals.
k. - Personnel Training Centers.
l. - Pharmaceutical Industries and Research.
m. - Plastics Manufacturing.
n. - Rail Freight Terminals.
o. - Refuse Reduction Plants.
p. - Research and Development Laboratory Facilities.
q. - Scientific Research Laboratories; including research, product development, pilot plants, and research manufacturing facilities.
r. - Stone Companies.
s. - Storage of Bulk Materials; outdoor.
t. - Truck Freight Terminals.
u. - Welding Shops.
v. - Woodworking and Wood Products Manufacturing.
w. - All manufacturing and industrial activities, not mentioned heretofore, which can be conducted within wholly enclosed buildings and which conform to this District's performance standards. However, industrial uses involving the storage, utilization, or manufacture of materials which decompose by detonation are prohibited.

2. - WAREHOUSE AND WHOLESALE USES
a. - Butane Distributors and Sales.
b. - Grain Elevators and Storage.
c. - Wholesale, Warehouse, or Industrial Establishments; with outdoor storage.

*3. - SERVICE USES
a. - Sewer and Septic Tank Cleaning and Rodding Service.
b. - Automobile Service Stations; for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental thereto.
*c. - Automobile (Car) Wash. (Amended April 5, 1999, Ord. No. 99-41)
*d. - Equipment Rental and Leasing Service with outside storage, display, or maintenance of said equipment. *(Amended July 16, 2001, Ord. No. 2001-60)

*(Amended March 24, 1986, Ord. No. 86-16)


4. - RETAIL BUSINESS USES
a. - Bottled Gas Dealers.
b. - Flea Markets.
c. - Restaurants; drive-in or carry-out.

5. - RECREATION AND SOCIAL FACILITIES
a. - Go-Kart Race Tracks.
b. - Theaters; drive-in.

6. - PUBLIC, EDUCATION, OR UTILITY USES
a. - Airports and Heliports.
b. - Highway Maintenance Shops and Yards.
c. - Radar Installations and Towers.
d. - Railroad Shops and Roundhouses.
e. - Railroad Switching Yards.
f. - Trade Schools.
g. - Utility Service Yards or Garages.
h. - Vocational Schools.

7. - LAND EXCAVATION AND FILLING USES
a. - Borrow Pits; for commercial purposes.
b. - Extraction of Earth Products; for commercial purposes.
c. - Sanitary Landfills.
d. - Top Soil Removal; for commercial purposes.

8. - RESIDENTIAL USES
a. - Residence of the proprietor, caretaker, or watchman of an industrial use.

9. - MISCELLANEOUS USES
a. - Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a special use subject to the provisions of Section 8.14 of the Ordinance
b. - Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on a building or structure that is not an existing building or structure as a special use subject to the provisions of Section 8.14 of this Ordinance.
c. - Pet Day Care Facility (Amended July 2, 2007, Ord. #2007-064)
d. - Planned Unit Developments; as regulated by Article 9.
e. - Radio Stations and Towers.
f. - Television Stations and Towers.

 

6.1.4 - ACCESSORY USES AND TEMPORARY USES

Uses accessory and incidental to the operation of an approved use listed heretofore, shall be allowed in the I-1 zoning district only if in compliance with Article 8, Section 8.5.

Temporary uses of property may be allowed in the I-1 zoning district only if in compliance with Article 8, Section 8.6.
 

6.1.5 - SITE AND STRUCTURE PROVISIONS

Each permitted or special use lawfully established in the I-1 zoning district shall meet the requirements specified in the schedule in Section 6.1.5.1. Unless otherwise indicated, where a major category is named, it shall be deemed to include all uses itemized thereunder in Sections 6.1.2 and 6.1.3.

2. - MINIMUM AREA OF DISTRICT

The minimum area that may constitute a separate or detached part of the I-1 zoning district on the Gurnee Zoning Map or subsequent amendments to said Zoning Map shall be three (3) acres. However, land zoned in the I-2 or I-3 zoning districts which immediately abuts or is directly across the street from land zoned in the I-1 classification, may be included in the calculations in meeting the minimum requirements.
 

6.1.6 - OTHER PROVISIONS

1. - PARKING AND LOADING REQUIREMENTS

All uses shall conform to the applicable requirements for Off-Street Parking and Loading set forth in Article 10.

2. - SIGN REQUIREMENTS

- All uses shall conform to the applicable requirements for signs set forth in Article 11.

3. - TRUCKS

- The parking of trucks, accessory to a permitted industry or business, when used in the operation of said permitted industry or business listed in the I-1 District, shall be limited to vehicles of not over one and one-half ( 1 1/2) tons capacity when located within one hundred fifty (150) feet of a residence district boundary line.

- Vehicular equipment incidental to the operation of permitted agricultural uses is exempt from this provision regarding truck parking and storage.

4. - SEWER AND WATER

- All uses requiring sanitary facilities shall be served by a municipal sewer and water system, a private community sewer and water system, or a private individual water supply system, subject to the approval of the Lake County Health Department. Buildings in the I-1 District may be served by an individual sewage disposal system only if each building is situated on a lot of at least 40,000 square feet and provided that said system be approved by the Lake County Health Department.

5. - EXTERIOR LIGHTING

- All exterior lighting shall be shaded or inwardly directed so that no direct lighting is cast upon adjacent zoning lots.

6. - BUSINESS/INDUSTRY REQUIREMENTS

- a. - Residential Requirements.

- Residential uses are not permitted on the same floor of the same building as a business or industrial use.

b. - Operation Within an Enclosed Structure

- All business, service, storage, and display of goods shall be conducted within completely enclosed structures, except for:
(1) - Agricultural Uses;
(2) - Off-Street Parking and Loading, as regulated by Article 10, Off-Street Parking and Loading;
(3) - Automobile Service Stations;
(4) - Outdoor Sale of Building and Garden Supply Materials and Goods;
(5) - Sales or Display of Automobiles, Boats, Campers, Mobile Homes, Motorcycles, Recreational Vehicles and Trucks;
(6) - Sales or Display of Merchandise Sold or Offered for Sale Through Vending Machines, provided such machines do not occupy an aggregate ground area of more than sixteen (16) square feet; and
(7) - Outdoor Storage of Wholesale, Warehouse, or Industrial Goods, where allowed as a permitted or special use.

c. - Outdoor Storage

- All outdoor storage facilities permitted in this District shall be effectively screened and enclosed by a fence, wall, or hedge to conceal such facilities from adjacent zoning lots and the public right-of-way. However, the outdoor storage of uncontained bulk material is prohibited.

- Further, all outdoor sales space shall be provided with a permanent, durable, and dustless surface, and shall be graded as to prevent the accumulation of surface water.

d. - Landscaping

- All required yards of developed commercial and industrial sites shall be landscaped and unpaved except for necessary drives, parking areas, and walkways; as regulated in Article 8, General Ordinance Provisions, Section 8.11.2.

e. - Fencing and Screening

- Fencing and screening of all commercial and industrial uses shall be provided; as regulated in Article 8, General Ordinance Provisions, Section 8.7.2.

f. - Setbacks

- On properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than thirty-five (35) feet above curb level, such point projected vertically upon the ground shall in no case be nearer to the business or residence district boundary line than a horizontal distance equal to one and one-half (1 1/2) times the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate twenty-five (25) feet in lineal dimension parallel to the street for any one hundred (100) feet of street frontage. Parapets not exceeding three (3) feet in height shall also be exempt from such limitations.

- On properties or portions thereof located adjacent to a side or rear property line in a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than thirty-five (35) feet above curb level, the vertical projection of such points upon the ground shall in no case be nearer to the side or rear lot line of any property in the adjacent business or residence district than a horizontal distance equal to the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such height limitations if not exceeding in the aggregate twenty-five (25) feet in lineal dimension parallel to such business or residential lot line(s) for any one hundred (100) feet of length of such lot line(s). Parapets not exceeding three (3) feet in height shall also be exempt from such limitations.

*7. - PERFORMANCE STANDARDS

a. - Purpose

- Performance standards, regulating industrial development and activity within the Village of Gurnee, are intended to:
(1) - Permit industrial land uses to be measured factually and objectively.
(2) - Ensure that all industries provide methods which protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination.
(3) - Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past.
(*Amended June 15, 1981, Ord. No. 81-21)

b. - Applicability

- Performance standard provisions of this Section shall be applicable to any use established in this zoning district in either of the following instances:
(1) - If any use, building or other structure, established prior to the effective date of this ordinance is extended, enlarged, moved, structurally altered, or reconstructed, said change in building or land use or configuration shall be in full compliance with this provision. Uses lawfully established prior to the effective date of this Ordinance, and not being extended, enlarged, moved, structurally altered or reconstructed, shall fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration.
(2) - Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district shall comply with all of the performance standards herein set forth.

c. - Procedure


(1) - Applicability - Any use, building, or structure falling within the parameters established in Section 6.1.6.6b shall be subject to adherence with these performance standard procedures.
(2) - Showing of Probable Compliance - Uses, buildings, or structures required to comply with this provision, prior to establishment or alteration, shall make a showing of probable compliance with these performance standards. Said showing shall be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists), prepared by a professional engineer licensed by the State of Illinois, certifying that said use, building, or structure complies with all industrial performance standard requirements. Said letter shall be based on the engineer's personal scrutiny of the site and proposed use or alteration, and shall have analytical foundation in accepted engineering principles. In addition, the Zoning Administrator may require the applicant to submit:
(a) - A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred (200) feet of the proposed site.

(b) - A description of the activity to be conducted regarding waste products, external effects, or other conditions which are regulated herein; provided, however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process which would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.
(c) - The type and location of abatement devices to control, or recording instruments to measure, conformance with required standards, not including devices and instruments which are inherent in the manufacturing process.
(d) - Such other data and certification as may reasonably be required by the Zoning Administrator to reach a determination.

- All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.
(3) - Administrative Options - The Zoning Administrator may, upon application submittal, approve and authorize the establishment of said use, building, or structure provided that all pertinent provisions of this Ordinance, and other applicable Village laws, are complied with. If, however, the Zoning Administrator determines that the proposed use, building, or structure may not comply with performance standards, she/he may inform petitioner that either more information is necessary or that an independent engineer analysis of the proposed use, building, or structure is required.
(4) - Need for Independent Engineering Analysis - If the Zoning Administrator determines that there is reason to doubt compliance with any applicable performance standard provision, a state licensed professional engineer of the Village's choosing--but acceptable to the petitioner--may be asked to analyze the prospects of compliance. Costs of such analysis shall be borne by the petitioner.
(5) - Use of Independent Engineering Analysis - Upon submission of an independent engineering analysis authorized by the Village, the Zoning Administrator shall authorize establishment of the use, building, or structure if said independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other Village laws and ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then said application shall be denied until such time that the proposal is able to fully comply.
(6) - Appeal of Administrative Determination - Action, or a lack of action by the Zoning Administrator, with reference to these performance standards may be appealed to the Village Zoning Board of Appeals, subject to the approval of the Village Board of Trustees. In instances when the Zoning Administrator has taken action, said action may be appealed within thirty (30) days. In instances when no action has been taken by the Zoning Administrator within one hundred twenty (120) days after formal filing of the application, the lack of action may be appealed to the Zoning Board of Appeals, subject to the approval of the Village Board of Trustees. In either instance, the Zoning Administrator shall be present at the appeal proceedings.
(7) - Continued Enforcement - The Zoning Administrator shall investigate any purported violation of performance standards. To constitute a violation, a use building, or structure must have been established subject to Section 6.1.6.6b and must be found to be operating in conflict with this provision. Also, uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the Zoning Administrator's attention by employee's of his office, or by Village, County, or State law enforcement, health, or environmental employees or officials. If a violation is alleged, the Zoning Administrator shall inform the suspected perpetrator and shall initiate an independent engineering analysis consistent with the analysis procedure outlined in Section 6.1.6.6c(4), (5), and (6). Administrative determinations made in conjunction with said analysis may be appealed in the same manner heretofore outlined.
(8) - Revocation of Permits - If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure shall be void and the operator shall be required to cease operation until the violation is remedied. Failure to cease operation within two (2) days of notice to do so by the Village shall constitute an aggravated violation of this Ordinance and the penalty provision cited in Article 13 shall be imposed.

d. - Technical Provisions--Industrial Performance Standards

- Uses shall comply with the following:
*(1) - Noise levels shall comply with the requirements set forth in 35 ILL. Adm. Code Subtitle H (Noise), Chapter 1: Pollution Control Board, Part 901.
*(Amended December 5, 2011, Ord. No. 2011-84)


(2) - Vibration - Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Column 1 of the following Tables is prohibited.

- In addition, any industrial operation or activity which shall cause at any time and at any point along a residence district boundary line, earth borne vibrations in excess of the limits set forth in Column II of the following Tables is prohibited.
- Exceptions:
- The following uses and activities shall be exempt from the vibration level regulations:
(a) - Vibrations not directly under the control of the property user.
(b) - Vibrations emanating from construction and maintenance activities between 7:00 A.M. and 9:00 P.M. Such activities are those which are non-routine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.
(c) - Transient vibrations of moving sources such as automobiles, trucks, airplanes, and railroads.

- Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the Zoning Administrator.

MAXIMUM PERMITTED STEADY-STATE
VIBRATION DISPLACEMENT LEVEL

- - - I* - II*
- - Frequency - Displacement - Displacement
- (Cycles per Second) - (Inches) - (Inches)
- - 0 through - 9 - .0008 - .0004
- - 10 through - 19 - .0005 - .0002
- - 20 through - 29 - .0003 - .0001
- - 30 through - 39 - .0002 - .0001
- - 40 and over - - .0001 - .0001

- *Steady-state vibrations, for purposes of this Ordinance, are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute, shall be considered impact vibrations, and shall not cause in excess of twice the displacement stipulated.

MAXIMUM PERMITTED IMPACT
VIBRATION DISPLACEMENT LEVEL

- - - I* - II*
- - Frequency - Displacement - Displacement
- (Cycles per Second) - (Inches) - (Inches)
- - 0 through - 9 - .0016 - .0006
- - 10 through - 19 - .0010 - .0003
- - 20 through - 29 - .0006 - .0002
- - 30 through - 39 - .0004 - .0001
- - 40 and over - - .0002 - .0001

- **Impact vibrations, for purposes of this Ordinance, are vibrations which occur in discrete impulses separated by an interval of at least one (1) minute and numbering not more than eight (8) in any twenty-four (24) hour period.
(3) - Smoke and Particulate Matter - The emission, from all sources within any lot, or particulate matter containing more than five (5) percent by weight of particles having a particle diameter larger than forty-four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines).

(a) - Smoke Emission - In the I-1 zone, the emission of more than twelve (12) smoke units per stack in any one (1) hour period is prohibited. However, once during any six (6) hour period each stack shall be permitted up to twelve (12) additional units in a fifteen (15) minute period for soot blowing and fire cleaning. Only during such fifteen (15) minute periods shall smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann No. 3 be permitted, and then only for fire cleaning and for not more than four (4) minutes per period.
(b) - Particulate Matter - The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in the Table below:

MAXIMUM PERMITTED PARTICULATE MATTER
EMISSION RATE

- Height of Emission - Pounds Per Hour
- - (Feet) - Per Acre
- - 0 through - 49 - 1.00
- - 50 through - 99 - 1.01
- - 100 through - 149 - 1.06
- - 150 through - 199 - 1.10
- - 200 through - 299 - 1.16
- - 300 through - 399 - 1.30
- - 400 and over - - 1.50

(c) - Method of Measurement -
- Smoke: For the purpose of grading the density or equivalent opacity of emission of smoke, the Ringelmann Chart shall be employed. For the purpose of determining smoke units the Ringelmann reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

- Particulate Matter: The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rate of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in the preceding Table.
(4) - Odors - No continuous, frequent, or repetitive emission of odors or odor-causing substances which would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than fifteen (15) minutes in any one (1) day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process which may involve the creation or emission of any odors shall be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Illinois Environmental Protection Agency shall be complied with.
(5) - Radiation Hazards - The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with a) the applicable regulations of the Atomic Energy Commission and b) the applicable regulations of any instrumentality of the State of Illinois.

(6) - Fire and Explosive Hazards -
(a) - The provisions of Chapter 93, Sections 143 through 156 of the Illinois Revised Statutes shall be complied with, and no explosives shall be stored, used, or manufactured without first submitting to the Zoning Administrator a certificate of compliance from both the Illinois Department of Mines and Minerals and the Village of Gurnee Fire Department.
(b) - No gasoline or other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State of Illinois and have the approval of both the State Division of Fire Prevention of the Department of Public Safety and the Village of Gurnee Fire Department.
(7) - Glare and Heat - Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare shall emanate from any use or activity so as to be visible at any point on or beyond the boundary of the lot on which such use or activity is located. This restriction shall not apply to signs otherwise permitted by the provisions of the Zoning Ordinance or other applicable ordinances, not to activities of a temporary or of an emergency nature, nor to night lighting necessary for safety and the protection of property.
(8) - Electromagnetic Interference - There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.
 

6.2 - I-2 GENERAL INDUSTRIAL DISTRICT

6.2.1 - DESCRIPTION OF DISTRICT

The I-2 General Industrial District is intended to provide lands for development by most types of industrial firms. Industrial and ancillary operations are permitted only in a clean and quiet manner and only if in compliance with the district's industrial performance standards.
 

6.2.2 - PERMITTED USES

Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the I-2 General Industrial District only in accordance with conditions specified. Only those uses specifically listed hereunder shall be considered permitted uses, and no building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of: a) uses lawfully established prior to the effective date of this Ordinance, or b) special uses in compliance with the provisions of Section 6.2.3. The following uses, itemized under "Major Category Groupings," constitute the only permitted uses in the I-2 zoning district:

1. - INDUSTRIAL USES
a. - Air Freight Terminals.
b. - All manufacturing and industrial activities including the fabrication, processing, assembly, disassembly, repairing, cleaning, servicing, testing, packaging, and storage of materials, products and goods that can be conducted within enclosed buildings. All uses must conform to the Performance Standards of this Section.
c. - Automobile Paint Shops.
d. - Automobile Undercoating Services.
e. - Bakeries, manufacturing.
f. - Bottling Works.
g. - Building Material Supplies.
h. - Cabinetmakers.
i. - Chemical Processing and Production.
j. - Contractor's Equipment Storage Yard.
k. - Dairy Products Manufacturing.
l. - Dry Cleaning Establishments; with central plant serving more than one (1) retail outlet.
m. - Electroplating Industries.
n. - Exterminating and Fumigating Shops.
o. - Food Processing and Packing.
p. - Glazing Shops.
q. - Launderies; industrial.
r. - Launderies; with central plant serving more than one (1) retail outlet.
s. - Lumber Companies and/or Yards.
t. - Machine Shops.
u. - Motor Freight Terminals.
v. - Ornamental Ironworks Shops.
w. - Pharmaceutical Industries and Research.
x. - Plastics Manufacturing.
y. - Print Shops.
z. - Printing, Publishing, and Lithography Establishments.
aa. - Rail Freight Terminals.
bb. - Research and Development Laboratory Facilities.
cc. - Scientific Research Laboratories; including research, product development, pilot plants, and research manufacturing facilities.
dd. - Sheet Metal Shops.
ee. - Sign Contractors.
ff. - Truck Freight Terminals.
gg. - Welding Shops.
hh. - Woodworking and Wood Products Manufacturing.

2.         WAREHOUSE AND WHOLESALE USES
a.         Automobile Storage Facilities.
b.         Beverage Distributors.
c.         Warehouses.
d.         Wholesale Establishments - completely enclosed.

3.         SERVICE USES

        1. Ambulance Service Garages.
        2. *Automobile Repair Garages. (*Amended July 2, 2007, Ord. No. 2007-62)
        3. Blueprinting and Photostatting.
        4. Bottled Gas Dealers.
        5. Cartage and Express Facilities.
        6. Credit Unions.
        7. Electrical Shops.
        8. Furnace Supplies and Services.
        9. Furniture Cleaning, Upholstering and Repair.
        10. Linen Towel, Diaper, and Similar Supply Services.
        11. Packing and Crating Services.
        12. Parcel Delivery and Pick-Up Services.
        13. Refrigeration Shops.
        14. Towing Services.
        15. Water Softener Services.
        16. Window Cleaning Services.

4.         RETAIL BUSINESS USES
a.         Fuel Oil Sales.
b.         Heating Supplies and Fixture Sales.
c.         Plumbing Supplies and Fixture Sales.
d.         Retail Outlet Stores; accessory to a manufacturing or wholesale establishment.

*5.        OFFICE USES
a.         Architect’s Office.
b.         Contractor’s Construction Offices.
c.         Engineering Office.
d.         Labor Union and Organizations.
e.         Landscape Architect’s Office.
f.          Land Surveyor’s Office.
g.         Manufacturer’s Agent Office.
h.         Offices for Executive and Administrative Purposes.
i.          Taxicab Offices
j.          Utility Offices.
(*Amended December 1, 2008, Ord. No. 2008-94)

6.         PUBLIC, EDUCATION, AND UTILITY USES
a.         Bus Maintenance Shops.
b.         Electric Substations, Gas Regulator Stations, and Telephone Exchanges.
c.         Fire Stations.
d.         Highway Maintenance Shops and Yards.
e.         Police Stations.
f.          Pumping Stations, Water Towers, Water Works, or Wells; public.
g.         Railroad Shops and Roundhouses.
h.         Railroad Switching Yards.
i.          Telephone Transmission Equipment, Buildings and Micro-Wave Relay Towers.
j.          Utility Service Yards or Garages.



*7. - MISCELLANEOUS USES
a. - Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a permitted use subject to the provisions of Section 8.14 of this Ordinance.
(Amended November 6, 2000, Ord. No. 2000-142)

6.2.3 - SPECIAL USES

Special uses, as hereinafter listed, may be allowed subject to the issuance of special use permits in accordance with the provisions of Article 13.  The following uses, itemized under “Major Category Groupings,” constitute the only special uses in the I-2 zoning district:

1.         INDUSTRIAL USES

a.         Industrial uses involving the storage, utilization, or manufacture of materials or products which decompose by detonation.

b.         Paper Products Manufacturers.

c.         Refuse Reduction Plants..

d.         Stone Companies.

e.         Storage of Bulk Materials; outdoor.

f.          All manufacturing and industrial activities, not mentioned heretofore, which can be conducted within wholly enclosed buildings and which conform to this District’s performance standards.

2.         WAREHOUSE AND WHOLESALE USES

a.         Butane Distributors and Sales.

b.         Grain Elevators and Storage.

c.         Machinery Storage Yards.

d.         Wholesale, Warehouse, or Industrial Establishments; with outdoor storage.

3.         SERVICE USES

a.         Sewer and Septic Tank Cleaning and Rodding Services.

4.         RECREATION AND SOCIAL FACILITIES

a.         Go-Kart Race Tracks.

b.         *Recreational Uses, including health clubs and special sports instruction (i.e. self-defense, gymnastics, etc.).
*(Amended June 1, 2009, Ord. #2009-40)

5.         PUBLIC, EDUCATION, OR UTILITY USES

a.         Airports and Heliports.

b.         Radar Installations and Towers.

c.         Waste Water Treatment Plants.

6.         LAND EXCAVATION AND FILLING USES

a.         Borrow Pits; for commercial purposes.

b.         Extrication of Earth Products; for commercial purposes.

c.         Sanitary Landfills.

d.         Top Soil Removal; for commercial purposes.

7.         RESIDENTIAL USES

a.         Residence of the proprietor, caretaker, or watchman of an industrial use.

8.         MISCELLANEOUS USES

a.         Adult-oriented Business.

b.         Office and Industrial Park; minimum of 100 acres required.

c.         Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a special use subject to the provisions of Section 8.144 of the Ordinance.

d.         Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on a building or structure that is not an existing building or structure as a special use subject to the provisions of Section 8.14 of this Ordinance.

e.         Pet Day Care Facility (*Amended July 2, 2007, Ord. No. 2007-64)

f.          Planned Unit Developments; as regulated by Article 9.

9.         SIMILAR AND COMPATIBLE USES to those allowed as “permitted uses” in this district.  Determination of “similar and compatible” shall be made in accordance with Article 13, Section 13.7.2.

6.2.4     ACCESSORY USES AND TEMPORARY USES

Uses accessory and incidental to the operation of an approved use listed heretofore, shall be allowed in the I-2 zoning district only if in compliance with Article 8, Section 8.5.

Temporary uses of property may be allowed in the I-2 zoning district only if in compliance with Article 8, Section 8.6.

6.2.5     SITE AND STRUCTURE PROVISIONS

Each permitted or special use lawfully established in the I-2 zoning district shall meet the requirements specified in the schedule in Section 6.2.5.1.  Unless otherwise indicated, where a major category is named it shall be deemed to include all uses itemized thereunder in Sections 6.2.2 and 6.2.3.


2. - MINIMUM AREA OF DISTRICT

- The minimum area that may constitute a separate or detached part of the I-2 zoning district on the Gurnee Zoning Map or subsequent amendments to said Zoning Map shall be three (3) acres. However, land zoned in the I-1 or I-3 zoning districts which immediately abuts or is directly across the street from land zoned in the I-2 classification, may be included in the calculations in meeting the minimum requirements.
 

6.2.6 - OTHER PROVISIONS

1. - PARKING AND LOADING REQUIREMENTS

- All uses shall conform to the applicable requirements for Off-Street Parking and Loading set forth in Article 10.

2. - SIGN REQUIREMENTS

- All uses shall conform to the applicable requirements for signs set forth in Article 11.

3. - TRUCKS

- The parking of trucks, accessory to a permitted industry or business, when used in the operation of said permitted industry or business listed in the I-2 District, shall be limited to vehicles of not over one and one-half (1 1/2) tons capacity when located within one hundred fifty (150) feet of a residence district boundary line.

4. - SEWER AND WATER

- All uses requiring sanitary facilities shall be served by a municipal sewer and water system, a private community sewer and water system, or a private individual water supply system subject to the approval of the Lake County Health Department. Buildings in the I-2 District may be served by an individual sewage disposal system only if each building is situated on a lot of at least 40,000 square feet and provided that said system be approved by the Lake County Health Department.

5. - EXTERIOR LIGHTING

- All exterior lighting shall be shaded or inwardly directed so that no direct lighting is cast upon adjacent zoning lots.

6. - BUSINESS/INDUSTRY REQUIREMENTS

- a. - Residential Requirements

- Residential uses are not permitted on the same floor of the same building as a business or industrial use.

b. - Operation Within an Enclosed Structure

- All business, service, storage, and display of goods shall be conducted within completely enclosed structures, except for:
(1) - Agricultural Uses;
(2) - Off-Street Parking and Loading, as regulated by Article 10, Off-Street Parking and Loading;
(3) - Automobile Service Stations;
(4) - Outdoor Sale of Building and Garden Supply Materials and Goods;
(5) - Sales or Display of Automobiles, Boats, Cambers, Mobile Homes, Motorcycles, Recreational Vehicles and Trucks;
(6) - Sales or Display of Merchandise Sold or Offered for Sale Through Vending Machines, provided such machines do not occupy an aggregate ground area of more than sixteen (16) square feet; and
(7) - Outdoor Storage of Wholesale, Warehouse, or Industrial Goods, where allowed as a permitted or special use.

c. - Outdoor Storage

- All outdoor storage facilities permitted in this District shall be effectively screened and enclosed by a fence, wall, or hedge to conceal such facilities from adjacent zoning lots and the public right-of-way. However, the outdoor storage of uncontained bulk material is prohibited.

- Further, all outdoor sales space shall be provided with a permanent, durable, and dustless surface, and shall be graded as to prevent the accumulation of surface water.

d. - Landscaping

- All required yards of developed commercial and industrial sites shall be landscaped and unpaved except for necessary drives, parking areas, and walkways; as regulated in Article 8, General Ordinance Provisions, Section 8.11.2.

e. - Fencing and Screening

- Fencing and screening of all commercial and industrial uses shall be provided; as regulated in Article 8, General Ordinance Provisions, Section 8.7.2.

*f. - Setbacks

- On properties or portions thereof located directly across a street or adjacent to a residence district, if any point on the exterior surface of any building or structure is at a greater height than forty-five (45) feet above curb level, such point projected vertically upon the ground shall in no case be nearer to any residence district boundary line than a horizontal distance equal to one and one-half (1 1/2) times the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such limitations if not exceeding in the aggregate twenty-five (25) feet in lineal dimension parallel to the street for any one hundred (100) feet of street frontage. Parapets not exceeding three (3) feet in height shall also be exempt from such limitations.

- On properties or portions thereof located directly across a street or adjacent to a business or industrial district, if any point on the exterior surface of any building or structure is at a greater height than forty-five (45) feet above curb level, such point projected vertically upon the ground shall in no case be nearer to any property line than a horizontal equal to the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such height limitations if not exceeding in the aggregate twenty-five (25) feet in lineal dimension parallel to such business or residential line(s) for any one hundred (100) feet of length of such lot line(s). Parapets not exceeding three (3) feet in height shall also be exempt from such limitations.

- On properties adjacent to a street, the boundary shall be construed to be the property line or right-of-way line of the subject industrial zone property.
(*Amended April 6, 1981, 81-11)

g. -Adult Oriented Businesses:

(i) No adult oriented business establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot or parcel on which the licensed premises is located; and

(ii) No portion of the exterior of an Adult Entertainment Establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically set forth for in the sign ordinance for Adult-Oriented Businesses.

(iii) Noadult-oriented business shall be operated within one thousand feet of an existing:

(a) Church or other place of religious worship;
(b) School;
(c) Public;
(d) Residentially zoned or residentially used property;
(e) Designated historical/cultural district or cemetery;
(f) Day Care Center or Home Day Care Center;
(g) Forest Preserve;
(h) Business licensed to sell alcoholic beverages; or
(i) Public recreation facility which holds youth activities.

6. - PERFORMANCE STANDARDS
a. - Purpose

- Performance standards, regulating industrial development and activity within the Village of Gurnee, are intended to:
(1) - Permit industrial land uses to be measured factually and objectively.
(2) - Ensure that all industries provide methods which protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination.
(3) - Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past.

b. - Applicability

- Performance standard provisions of this Section shall be applicable to any use established in this zoning district in either of the following instances:
(1) - If any use, building or other structure, established prior to the effective date of this Ordinance is extended, enlarged, moved, structurally altered, or reconstructed, said change in building or land use or configuration shall be in full compliance with this provision. Uses lawfully established prior to the effective date of this Ordinance, and not being extended, enlarged, moved, structurally altered or reconstructed, shall fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration.
(2) - Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district shall comply with all of the performance standards herein set forth.

c. - Procedure

(1) - Applicability - Any use, building, or structure falling within the parameters established in Section 6.2.6.6b shall be subject to adherence with these performance standard procedures.
(2) - Showing of Probable Compliance - Uses, buildings, or structures required to comply with this provision, prior to establishment or alteration, shall make a showing of probable compliance with these performance standards. Said showing shall be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists), prepared by a professional engineer licensed by the State of Illinois, certifying that said use, building, or structure complies with all industrial performance standard requirements. Said letter shall be based on the engineer's personal scrutiny of the site and proposed use or alteration, and shall have analytical foundation in accepted engineering principles. In addition, the Zoning Administrator may require the applicant to submit:
(a) - A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred (200) feet of the proposed site.
(b) - A description of the activity to be conducted regarding waste products, external effects, or other conditions which are regulated herein; provided however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process which would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.
(c) - The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments which are inherent in the manufacturing process.
(d) - Such other data and certification as may reasonably be required by the Zoning Administrator to reach a determination.

- All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.
(3) - Administrative Options - The Zoning Administrator may, upon application submittal, approve and authorize the establishment of said use, building, or structure provided that all pertinent provisions of this Ordinance, and other applicable Village laws, are complied with. If, however, the Zoning Administrator determines that the proposed use, building, or structure may not comply with performance standards, she/he may inform petitioner that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required.
(4) - Need for Independent Engineering Analysis - If the Zoning Administrator determines that there is reason to doubt compliance with any applicable performance standard provision, a state licensed professional engineer of the Village's choosing--but acceptable to the petitioner--may be asked to analyze the prospects of compliance. Costs of such analysis shall be borne by the petitioner.
(5) - Use of Independent Engineering Analysis - Upon submission of an independent engineering analysis authorized by the Village, the Zoning Administrator shall authorize establishment of the use, building, or structure if said independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other Village laws and ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then said application shall be denied until such time that the proposal is able to fully comply.
(6) - Appeal of Administrative Determination - Action, or a lack of action by the Zoning Administrator, with reference to these performance standards may be appealed to the Village Zoning Board of Appeals, subject to the approval of the Village Board of Trustees. In instances when the Zoning Administrator has taken action, said action may be appealed within thirty (30) days. In instances when no action has been taken by the Zoning Administrator within one hundred twenty (120) days after formal filing of the application, the lack of action may be appealed to the Zoning Board of Appeals, subject to the approval of the Village Board of Trustees. In either instance the Zoning Administrator shall be present at the appeal proceedings.

(7) - Continued Enforcement - The Zoning Administrator shall investigate any purported violation of performance standards. To constitute a violation, a use building, or structure must have been established subject to Section 6.2.6.6b and must be found to be operating in conflict with this provision. Also, uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the Zoning Administrator's attention by employee's of his office, or by Village, County or State law enforcement, health or environmental employees or officials. If a violation is alleged, the Zoning Administrator shall inform the suspected perpetrator and shall initiate an independent engineering analysis consistent with the analysis procedure outlined in Section 6.2.6.6c(4), (5), and (6). Administrative determinations made in conjunction with said analysis may be appealed in the same manner heretofore outlined.
(8) - Revocation of Permits - If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure shall be void and the operator shall be required to cease operation until the violation is remedied. Failure to cease operation within two (2) days of notice to do so by the Village shall constitute an aggravated violation of this Ordinance and the penalty provision cited in Article 13 shall be imposed.

d. - Technical Provisions--Industrial Performance Standards

- Uses shall comply with the following:
*(1) - Noise - Noise levels shall comply with the requirements set forth in 35 ILL. Adm. Code Subtitle H (Noise), Chapter 1: Pollution Control Board, Part 901.
*(Amended December 5, 2011, Ord. No. 2011-84)


(2) - Vibration - Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Column 1 of the following Tables is prohibited.

- In addition, any industrial operation or activity which shall cause at any time and at any point along a residence district boundary line, earth borne vibrations in excess of the limits set forth in Column 11 of the following Tables is prohibited.
- Exceptions:
- The following uses and activities shall be exempt from the vibration level regulations:
(a) - Vibrations not directly under the control of the property user.
(b) - Vibrations emanating from construction and maintenance activities between 7:00 A.M. and 9:00 P.M. Such activities are those which are non-routine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.
(c) - Transient vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

- Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the Zoning Administrator.

MAXIMUM PERMITTED STEADY-STATE
VIBRATION DISPLACEMENT LEVEL

- - - I* - II*
- - Frequency - Displacement - Displacement
- (Cycles per Second) - (Inches) - (Inches)
- - 0 through - 9 - .0008 - .0004
- - 10 through - 19 - .0005 - .0002
- - 20 through - 29 - .0003 - .0001
- - 30 through - 39 - .0002 - .0001
- - 40 and over - - .0001 - .0001

- *Steady-state vibrations, for purposes of this Ordinance, are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute, shall be considered impact vibrations and shall not cause in excess of twice the displacements stipulated.

MAXIMUM PERMITTED IMPACT
VIBRATION DISPLACEMENT LEVEL

- - - I* - II**
- - Frequency - Displacement - Displacement
- (Cycles per Second) - (Inches) - (Inches)
- - 0 through - 9 - .0016 - .0006
- - 10 through - 19 - .0010 - .0003
- - 20 through - 29 - .0006 - .0002
- - 30 through - 39 - .0004 - .0001
- - 40 and over - - .0002 - .0001

- **Impact vibrations, for purposes of this Ordinance, are vibrations which occur in discrete impulses separated by an interval of at least one (1) minute and numbering not more than eight (8) in any twenty-four (24) hour period.

(3) - Smoke and Particulate Matter - The emission, from all sources within any lot, or particulate matter containing more than five (5) percent by weight of particles having a particle diameter larger than forty-four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines).
(a) - Smoke Emission - In the I-2 zone, the emission of more than twelve (12) smoke units per stack in any one (1) hour period is prohibited. However, once during any six (6) hour period each stack shall be permitted up to twelve (12) additional units in a fifteen (15) minute period for soot blowing and fire cleaning. Only during such fifteen (15) minute periods shall smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann No. 3 be permitted, and then only for fire cleaning and for not more than four (4) minutes per period.
(b) - Particulate Matter - The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in the Table below:

MAXIMUM PERMITTED PARTICULATE MATTER
EMISSION RATE

- Height of Emission - Pounds Per Hour
- - (Feet) - Per Acre
- - 0 through - 49 - 1.00
- - 50 through - 99 - 1.01
- - 100 through - 149 - 1.06
- - 150 through - 199 - 1.10
- - 200 through - 299 - 1.16
- - 300 through - 399 - 1.30
- - 400 and over - - 1.50

(c) - Method of Measurement-
- Smoke: For the purpose of grading the density or equivalent opacity of emission of smoke, the Ringelmann Chart shall be employed. For the purpose of determining smoke units the Ringelmann reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.
(d) - Particulate Matter - The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rates of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in the preceding Table.
(4) - Odors - No continuous, frequent, or repetitive emission of odors or odor-causing substances which would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than fifteen (15) minutes in any one (1) day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process which may involve the creation or emission of any odors shall be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Illinois Environmental Protection Agency shall be complied with.
(5) - Radiation Hazards - The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with a) the applicable regulations of the Atomic Energy Commission and b) the applicable regulations of any instrumentality of the State of Illinois.
(6) - Fire and Explosive Hazards -
(a) - The provisions of Chapter 93, Sections 143 through 156 of the Illinois Revised Statutes shall be complied with, and no explosives shall be stored, used, or manufactured without first submitting to the Zoning Administrator a certificate of compliance from both the Illinois Department of Mines and Minerals and the Village of Gurnee Fire Department.
(b) - No gasoline or other inflammables or explosives shall be stored unless the location, plans and construction conform to the laws and regulations of the State of Illinois and have the approval of both the State Division of Fire Prevention of the Department of Public Safety and the Village of Gurnee Fire Department.
(7) - Glare and Heat - Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare shall emanate from any use or activity so as to be visible at any point on or beyond the boundary of the lot on which such use or activity is located. This restriction shall not apply to signs otherwise permitted by the provisions of the Zoning Ordinance or other applicable ordinances, nor to activities of a temporary or of an emergency nature, nor to night lighting necessary for safety and the protection of property.
(8) - Electromagnetic Interference. There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the federal Communications Commission.
 

6.3 - I-3 INTENSIVE INDUSTRIAL DISTRICT

6.3.1 - DESCRIPTION OF DISTRICT

The I-3 Intensive Industrial District is intended to provide lands for use by heavy or intense industries. The district is designed primarily for manufacturing, assembling, and fabricating activities including large scale or specialized operations whose external effects will be felt to some degree by surrounding districts. Less restriction is placed upon outdoor use and storage, although, such use must conform to the "Performance Standards" of the district. Certain uses, with established functions in the economy but having a well-known nuisance potential, are permitted only in this district, and generally only by special use permit approval.
 

6.3.2 - PERMITTED USES

Permitted uses of land or buildings as hereinafter enumerated, shall be permitted in the I-3 Intensive Industrial District only in accordance with conditions specified. Only those uses specifically listed hereunder shall be considered permitted uses, and no building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of: a) uses lawfully established prior to the effective date of this Ordinance, or b) special uses in compliance with provisions of Section 6.3.3. The following uses, itemized under "Major Category Groupings," constitute the only permitted uses in the I-3 zoning district:

1. - INDUSTRIAL USES
a. - Air Freight Terminals.
b. - All manufacturing and industrial activities including the fabrication, processing, assembly, disassembly, repairing, cleaning, servicing, testing, packaging and storage of materials, products and goods that can be conducted within enclosed buildings. All uses must conform to the Performance Standards of this Section.
c. - Automobile Paint Shops.
d. - Automobile Undercoating Services.
e. - Bottling Works.
f. - Building Material Supplies.
g. - Chemical Processing and Production.
h. - Concrete Mixing Plants.
i. - Contractor's Equipment Storage Yard.
j. - Dairy Products Manufacturing.
k. - Electroplating Industries.
l. - Exterminating and Fumigating Shops.
m. - Farms and/or Feed Yards; industrial.
n. - Food Processing and Packing.
o. - Glazing Shops.
p. - Launderers; industrial.
q. - Leather Tanning and Processing.
r. - Lumber Companies and/or Yards.
s. - Machine Shops.
t. - Motor Freight Terminals.
u. - Ornamental Ironworks Shops.
v. - Pharmaceutical Industries and Research.
w. - Plastics Manufacturing.
x. - Print Shops.
y. - Printing, Publishing, and Lithography Establishments.
z. - Rail Freight Terminals.
aa. - Research and Development Laboratory Facilities.
bb. - Scientific Research Laboratories; including research, product development, pilot plants, and research manufacturing facilities.
cc. - Sheet Metal Shops.
dd. - Sign Contractors.
ee. - Soap Manufacturing.
ff. - Stone Companies.
gg. - Truck Freight Terminals.
hh. - Welding Shops.
ii. - Woodworking and Wood Products Manufacturing.

2. - WAREHOUSE AND WHOLESALE USES
a. - Automobile Storage Facilities.
b. - Beverage Distributors.
c. - Concrete Products Storage.
d. - Machinery Storage Yards.
e. - Warehouses.
f. - Wholesale Establishments - completely enclosed.
g. - Wholesale, Warehouse, or Industrial Establishments; with outdoor storage.

3. - SERVICE USES
a. - Automobile Repair Garages (Amended July 2, 2007, Ord. #2007-62)
b. - Automobile Service Stations; for the retail sale and dispensing of fuel and lubricants, tires, batteries, accessories and supplies including installation and minor services customarily incidental hereto
c. - Bottled Gas Dealers
d. - Blueprinting and Photostatting
e. - Cartage and Express Facilities
f. - Furniture Cleaning, Upholstering and Repair
g. - Packing and Crating Services
h. - Parcel Delivery and Pick-up Services
i. - Towing Services
j. - Window Cleaning Services


4. - RETAIL BUSINESS USES
a. - Coal Sales.
b. - Fuel Oil Sales.
c. - Retail Outlet Stores; accessory to a manufacturing or wholesale establishment.

5. - OFFICE USES
a. - Architects office
b. - Contractor’s Construction Office
c. - Engineering Offices
d. - Labor Union Offices
e. - Landscape Architect’s Office
f. -Manufacturer’s Agent Office
g.- Office for Executive and Administrative Purposes
h. - Taxicab Offices
i. - Utility Offices

6. - PUBLIC, EDUCATION, AND UTILITY USES
a. - Bus Maintenance Shops.
b. - Electric Substations, Gas Regulator Stations, and Telephone Exchanges.
c. - Fire Stations.
d. - Highway Maintenance Shops and Yards.
e. - Police Stations.
f. - Pumping Stations, Water Towers, Water Works, and Wells; public.
g. - Railroad Shops and Roundhouses.
h. - Railroad Switching Yards.
i. - Telephone Transmission Equipment Buildings and Micro-Wave Relay Towers.
j. - Utility Service Yards or Garages.

*7. - MISCELLANEOUS USES
a. Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a permitted use subject to the provisions of Section 8.14 of this Ordinance.
(Amended November 6, 2000, Ord. No. 2000-142)
 

6.3.3 - SPECIAL USES

Special Uses, as hereinafter listed, may be allowed subject to the issuance of special use permits in accordance with the provisions of Article 13. The following uses, itemized under "Major Category Groupings," constitute the only special uses in the I-3 zoning district:

1. - INDUSTRIAL USES
a. - Asphalt Products Manufacturing and Storage.
b. - Automobile Salvage Yards; including wrecking and dismantling, provided that all operations are conducted within an area enclosed on all sides with a solid wall or fence not less than eight (8) feet high.
c. - Brick and Clay Products Manufacturing.
d. - Cement Block Manufacturing.
e. - Drop Forging.
f. - Foundries.
g. - Heavy Machinery Production.
h. - Incinerators.
i. - Industrial uses involving storage, utilization, or manufacture of materials or products which decompose by detonation.
j. - Meat Packing; excluding stockyards or slaughterhouses.
k. - Paint Products Manufacturing.
l. - Paper Products Manufacturing.
m. - Petroleum or Flammable Liquids Production, Refining or Storage.
n. - Refuse Reduction Plants.
o. - Steel Production and Fabrication.
p. - Storage of any material or product which produces flammable or explosive vapors or gases, as determined by a closed cup flash point of less than one hundred five (105) degrees Fahrenheit.
q. - Storage of Bulk Materials; outdoor.
r. - All manufacturing and industrial activities, not mentioned heretofore, which conform to this District's performance standards.

2. - WAREHOUSE AND WHOLESALE USES
a. - Butane Distributors and Sales.
b. - Fuels, Solid; storage and wholesale distribution.
c. - Grain Elevators and Storage.

3. - PUBLIC, EDUCATION, AND UTILITY USES
a. - Airports and Heliports.
b. - Power Plants.
c. - Radar Installations and Towers.
d. - Waste Water Treatment Plants.

4. - LAND EXCAVATION AND FILLING USES
a. - Borrow Pits; for commercial purposes.
b. - Extraction of Earth Products; for commercial purposes.
c. - Sanitary Landfills.
d. - Top Soil Removal; for commercial purposes.

5. - RESIDENTIAL USES
a. - Residence of the proprietor, caretakers, or watchman of an industrial use.

6. - MISCELLANEOUS USES
a. - Adult Oriented Businesses
b. - Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a special use subject to the provisions of Section 8.14 of the Ordinance.
c. - Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on a building or structure that is not an existing building or structure as a special use subject to the provisions of Section 8.14 of this Ordinance.
d. - Pet Day Care Facility (Amended July 2, 2007, Ord. #2007-064)
e. - Planned Unit Developments; as regulated by Article 9.

7. - SIMILAR AND COMPATIBLE USES to those allowed as "permitted uses" in this district. Determination of "similar and compatible" shall be made in accordance with Article 13, Section 13.7.2.
*b. Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on an existing building or structure as a special use subject to the provisions of Section 8.14 of the Ordinance.
*c. Personal Wireless Service Facilities including an antenna or equivalent apparatus mounted on a building or structure that is not an existing building or structure as a special use subject to the provisions of Section 8.14 of this Ordinance.
(*Amended November 6, 2000, Ord. No. 2000-142)
 

6.3.4 - ACCESSORY USES AND TEMPORARY USES

Uses accessory and incidental to the operation of an approved use listed heretofore, shall be allowed in the I-3 zoning district only if in compliance with Article 8, Section 8.5.

Temporary uses of property may be allowed in the I-3 zoning district only if in compliance with Article 8, Section 8.6.
 

6.3.5 - SITE AND STRUCTURE PROVISIONS

Each permitted or special use lawfully established in the I-3 zoning district shall meet the requirements specified in the schedule in Section 6.3.5.1. Unless otherwise indicated, where a major category is named, it shall be deemed to include all uses itemized thereunder in Sections 6.3.2 and 6.3.3.

2. - MINIMUM AREA OF DISTRICT

- The minimum area that may constitute a separate or detached part of the I-3 zoning district on the Gurnee Zoning Map or subsequent amendments to said Zoning Map shall be three (3) acres. However, land zoned in the I-2 or I-3 zoning districts which immediately abuts or is directly across the street from land zoned in the I-1 classification, may be included in the calculations in meeting the minimum requirements.
 

6.3.6 - OTHER PROVISIONS

1. - PARKING AND LOADING REQUIREMENTS

- All uses shall conform to the applicable requirements for Off-Street Parking and Loading set forth in Article 10.

2. - SIGN REQUIREMENTS

- All uses shall conform to the applicable requirements for signs set forth in Article 11.

3. - TRUCKS

- The parking of trucks, accessory to a permitted industry or business, when used in the operation of said permitted industry or business listed in the I-3 District, shall be limited to vehicles of not over one and one-half (1 1/2) tons capacity when located within one hundred fifty (150) feet of a residence district boundary line.

- Vehicular equipment incidental to the operation of permitted agricultural uses is exempt from this provision regarding truck parking and storage.

4. - SEWER AND WATER

- All uses requiring sanitary facilities shall be served by a municipal sewer and water system, a private community sewer and water system, or a private individual water supply system subject to the approval of the Lake County Health Department. Buildings in the I-1 District may be served by an individual sewage disposal system only if each building is situated on a lot of at least 40,000 square feet and provided that said system be approved by the Lake County Health Department.

5. - EXTERIOR LIGHTING

- All exterior lighting shall be shaded or inwardly directed so that no direct lighting is cast upon adjacent zoning lots.

6. - BUSINESS/INDUSTRY REQUIREMENTS

- a. - Residential Requirements

- Residential uses are not permitted on the same floor of the same building as a business or industrial use.

b. - Operation Within an Enclosed Structure

- All business, service, storage, and display of goods shall be conducted within completely enclosed structures, except for:
(1) - Agricultural Uses;
(2) - Off-Street Parking and Loading, as regulated by Article 10, Off-Street Parking and Loading;
(3) - Automobile Salvage Yards;
(4) - Automobile Service Stations;
(5) - Outdoor Sale of Building and Garden Supply Materials and Goods;
(6) - Sales or Display of Automobiles, Boats, Campers, Mobile Homes, Motorcycles, Recreational Vehicles and Trucks;
(7) - Sales or Display of Merchandise Sold or Offered for Sale Through Vending Machines, provided such machines do not occupy an aggregate ground area of more than sixteen (16) square feet; and
(8) - Outdoor Storage of Wholesale, Warehouse, or Industrial Goods, where allowed as a permitted or special use.

c. - Outdoor Storage

- All outdoor storage facilities permitted in this District shall be effectively screened and enclosed by a fence, wall, or hedge to conceal such facilities from adjacent zoning lots and the public right-of-way. However, the outdoor storage of uncontained bulk material is prohibited.

- Further, all outdoor sales space shall be provided with a permanent, durable, and dustless surface, and shall be graded as to prevent the accumulation of surface water.

d. - Landscaping

- All required yards of developed commercial and industrial sites shall be landscaped and unpaved except for necessary drives, parking areas, and walkways; as regulated in Article 8, General Ordinance Provisions, Section 8.11.2.

e. - Fencing and Screening

- Fencing and screening of all commercial and industrial uses shall be provided; as regulated in Article 8, General Ordinance Provisions, Section 8.7.2.

*f. - Setbacks

- On properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than forty-five (45) feet above curb level, such point projected vertically upon the ground shall in no case be nearer to any residence district boundary line than a horizontal distance equal to one and one-half (1 1/2) times the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment including towers enclosing same, shall be exempt from such limitations if not exceeding the aggregate twenty-five (25) feet in lineal dimension parallel to the street for any one hundred (100) feet of street frontage. Parapets not exceeding three (3) feet in height shall also be exempt from such limitations.

- On properties or portions thereof located directly across a street or adjacent to a business or industrial district, if any point on the exterior surface of any building or structure is at a greater height than fort-five (45) feet above curb level, such point projected vertically upon the ground shall in no case be nearer to any property line than a horizontal distance equal to the height of such point above curb level. However, stacks, tanks, bulkheads, or ventilating equipment including towers enclosed same, shall be exempt from such height limitations if not exceeding in the aggregate twenty-five (25) feet in lineal dimensions parallel to such business or residential lot line(s) for any one hundred (100) feet of length of such lot line(s). Parapets not exceeding three (3) feet in height shall also be exempt from such limitations.

- On properties adjacent to a street, the boundary shall be construed to be the property line or right-of-way line of the subject industrial zoned property.
(*Amended April 6, 1981, Ord. No. 81-11)
 

g. -Adult Oriented Businesses:

(i) No adult oriented business establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot or parcel on which the licensed premises is located; and

(ii) No portion of the exterior of an Adult Entertainment Establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically set forth for in the sign ordinance for Adult-Oriented Businesses.

(iii) No adult-oriented business shall be operated within one thousand feet of an existing:

(a) Church or other place of religious worship;
(b) School;
(c) Public;
(d) Residentially zoned or residentially used property;
(e) Designated historical/cultural district or cemetery;
(f) Day Care Center or Home Day Care Center;
(g) Forest Preserve;
(h) Business licensed to sell alcoholic beverages; or
(i) Public recreation facility which holds youth activities.

6. - PERFORMANCE STANDARDS

- a. - Purpose

- Performance standards, regulating industrial development and activity within the Village of Gurnee, are intended to:
(1) - Permit industrial land uses to be measured factually and objectively.
(2) - Ensure that all industries provide methods which protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination.
(3) - Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past.

b. - Applicability

- Performance standards provisions of this Section shall be applicable to any use established in this zoning district in either of the following instances:

(1) - If any use, building or other structure, established prior to the effective date of this Ordinance is extended, enlarged, moved, structurally altered, or reconstructed, said change in building or land use or configuration shall be in full compliance with this provision. Uses lawfully established prior to the effective date of this Ordinance, and not being extended, enlarged, moved, structurally altered or reconstructed, shall fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration.
(2) - Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district shall comply with all of the performance standards herein set forth.

c. - Procedure

(1) - Applicability - Any use, building, or structure falling within the parameters established in Section 6.3.6.6b shall be subject to adherence with these performance standard procedures.

(2) - Showing of Probable Compliance - Uses, buildings, or structures required to comply with this provision, prior to establishment or alteration, shall make a showing of probable compliance with these performance standards. Said showing shall be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists), prepared by a professional engineer licensed by the State of Illinois, certifying that said use, building, or structure complies with all industrial performance standard requirements. Said letter shall be based on the engineer's personal scrutiny of the site and proposed use or alteration, and shall have analytical foundation in accepted engineering principles. In addition, the Zoning Administrator may require the applicant to submit:
(a) - A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred (200) feet of the proposed site.
(b) - A description of the activity to be conducted regarding waste products, external effects, or other conditions which are regulated herein; provided however, that the applicant shall not be required to reveal any trade secrets or sufficient detail with regard to a process which would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.
(c) - The type and location of abatement devices to control, or recording instruments to measure, conformance with required standards, not including devices and instruments which are inherent in the manufacturing process.
(d) - Such other data and certification as may reasonably be required by the Zoning Administrator to reach a determination.

- All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.
(3) - Administrative Options - The Zoning Administrator may, upon application submittal, approve and authorize the establishment of said use, building, or structure provided that all pertinent provisions of this Ordinance, and other applicable Village laws, are complied with. If, however, the Zoning Administrator determines that the proposed use, building, or structure may not comply with performance standards, she/he may inform petitioner that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required.
(4) - Need for Independent Engineering Analysis - If the Zoning Administrator determines that there is reason to doubt compliance with any applicable performance standard provision, a state licensed professional engineer of the Village's choosing--but acceptable to the petitioner--may be asked to analyze the prospects of compliance. Costs of such analysis shall be borne by the petitioner.

(5) - Use of Independent Engineering Analysis - Upon submission of an independent engineering analysis authorized by the Village, the Zoning Administrator shall authorize establishment of the use, building, or structure if said independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other Village laws and ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then said application shall be denied until such time that the proposal is able to fully comply.
(6) - Appeal of the Administrative Determination - Action, or a lack of action by the Zoning Administrator, with reference to these performance standards may be appealed to the Village Zoning Board of Appeals, subject to the approval of the Village Board of Trustees. In instances when the Zoning Administrator has taken action, said action may be appealed within thirty (30) days. In instances when no action has been taken by the Zoning Administrator within one hundred twenty (120) days after formal filing of the application, the lack of action may be appealed to the Zoning Board of Appeals, subject to the approval of the Village Board of Trustees. In either instance, the Zoning Administrator shall be present at the appeal proceedings.
(7) - Continued Enforcement - The Zoning Administrator shall investigate any purported violation of performance standards. To constitute a violation, a use building, or structure must have been established subject to Section 6.3.6.6b and must be found to be operating in conflict with this provision. Also, uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the Zoning Administrator's attention by employee's of his office, or by Village, County, or State law enforcement, health, or environmental employees or officials. If a violation is alleged, the Zoning Administrator shall inform the suspected perpetrator and shall initiate an independent engineering analysis consistent with the analysis procedure outlined in Section 6.3.6.6c(4), (5), and (6). Administrative determinations made in conjunction with said analysis may be appealed in the same manner heretofore outlined.
(8) - Revocation of Permits - If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure shall be void and the operator shall be required to cease operation until the violation is remedied. Failure to cease operation within two (2) days of notice to do so by the Village shall constitute an aggravated violation of this Ordinance and the penalty provision cited in Article 13 shall be imposed.

d. - Technical Provisions--Industrial Performance Standards

- Uses shall comply with the following:
(1) - Noise levels shall comply with the requirements set forth in 35 ILL. Adm. Code Subtitle H (Noise), Chapter 1: Pollution Control Board, Part 901.
*(Amended December 5, 2011, Ord. No. 2011-84)


(2) - Vibration - Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Column 1 of the following Tables is prohibited.

- In addition, any industrial operation or activity which shall cause at any time and at any point along a residence district boundary line, earth borne vibrations in excess of the limits set forth in Column 11 of the following Tables is prohibited.
- Exceptions:
- The following uses and activities shall be exempt from the vibration level regulations:
(a) - Vibrations not directly under the control of the property user.
(b) - Vibrations emanating from construction and maintenance activities between 7:00 A.M. and 9:00 P.M. Such activities are those which are non-routine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.
(c) - Transient vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

- Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system approved by the Zoning Administrator.

MAXIMUM PERMITTED STEADY-STATE
VIBRATION DISPLACEMENT LEVEL

- - - I* - II*
- - Frequency - Displacement - Displacement
- (Cycles per Second) - (Inches) - (Inches)
- - 0 through - 9 - .0020 - .0004
- - 10 through - 19 - .0010 - .0002
- - 20 through - 29 - .0006 - .0001
- - 30 through - 39 - .0004 - .0001
- - 40 through 49r - .0003 - .0001
- - 50 and Over - - .0002 - .0001
- *Steady-state vibrations, for purposes of this Ordinance, are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute, shall be considered impact vibrations and shall not cause in excess of twice the displacements stipulated.

MAXIMUM PERMITTED IMPACT
VIBRATION DISPLACEMENT LEVEL

- - - I* - II*
- - Frequency - Displacement - Displacement
- (Cycles per Second) - (Inches) - (Inches)
- - 0 through - 9 - .0100 - .0006
- - 10 through - 19 - .0050 - .0003
- - 20 through - 29 - .0030 - .0002
- - 30 through - 39 - .0020 - .0001
- - 40 through 49 - .0015 - .0001
- - 50 and over - - .0010 - .0001
- **Impact vibrations, for purposes of this Ordinance, are vibrations which occur in discrete impulses separated by an interval of at least one (1) minute and numbering not more than eight (8) in any twenty-four (24) hour period.

(3) - Smoke and Particulate Matter - The emission, from all sources within any lot, or particulate matter containing more than five (5) percent by weight of particles having a particle diameter larger than forty-four (44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines).

(a) - Smoke Emission - In the I-3 zone, the emission of more than twelve (12) smoke units per stack in any one (1) hour period is prohibited. However, once during any six (6) hour period each stack shall be permitted up to twelve (12) additional units in a fifteen (15) minute period for soot blowing and fire cleaning. Only during such fifteen (15) minute periods shall smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann No. 3 be permitted, and then only for fire cleaning and for not more than four (4) minute per period.
(b) - Particulate Matter - The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the rate established in the Table below:

MAXIMUM PERMITTED PARTICULATE MATTER
EMISSION RATE

- Height of Emission - Pounds Per Hour
- - (Feet) - Per Acre
- - 0 through - 49 - 3.00
- - 50 through - 99 - 3.00
- - 100 through - 149 - 3.50
- - 150 through - 199 - 3.80
- - 200 through - 299 - 4.20
- - 300 through - 399 - 5.00
- - 400 and over - - 7.00

(c) - Method of Measurement-
- Smoke: For the purpose of grading the density or equivalent opacity of emission of smoke, the Ringelmann Chart shall be employed. For the purpose of determining smoke units, the Ringelmann reading shall be made at least every minute during the period of observation. Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.
- Particulate Matter: The total net rate of emission of particulate matter within the boundaries of any lot shall be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rates of emission from all sources of emission within the boundaries of the lot. It is the total that shall not exceed the rate established in the preceding Table.
(4) - Odors - No continuous, frequent, or repetitive emission of odors or odor-causing substances which would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than fifteen (15) minutes in any one (1) day shall not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process which may involve the creation or emission of any odors shall be provided with a primary and a secondary safeguard system that control will be maintained if the primary safeguard system fails. The rules and regulations of the Illinois Environmental Protection Agency shall be complied with.

(5) - Radiation Hazards - The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with a) the applicable regulations of the Atomic Energy Commission and b) the applicable regulations of any instrumentally of the State of Illinois.
(6) - Fire and Explosive Hazards -
(a) - The provisions of Chapter 93, Sections 143 through 156 of the Illinois Revised Statutes shall be complied with, and no explosives shall be stored, used, or manufactured without first submitting to the Zoning Administrator a certificate of compliance from both the Illinois Department of Mines and Minerals and the Village of Gurnee Fire Department.
(b) - No gasoline or other inflammables or explosives shall be stored unless the locations, plans and construction conform to the laws and regulations of the State of Illinois and have the approval of both the State Division of Fire Prevention of the Department of Public Safety and the Village of Gurnee Fire Department.
(7) - Glare and Heat - Every use and activity shall be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare shall emanate from any use or activity so as to be visible at any point on or beyond the boundary of the lot on which such use or activity is located. This restriction shall not apply to signs otherwise permitted by the provisions of the Zoning Ordinance or other applicable ordinances, nor to activities of a temporary or of an emergency nature, not to night lighting necessary for safety and the protection of property.
(8) - Electromagnetic Interference - There shall be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.