CHAPTER 21
ZONING
ARTICLE IX. INDUSTRIAL DISTRICTS
Sec. 21-46. IL INDUSTRIAL DISTRICT
(1) Purpose. The IL District is intended to accommodate light industrial, wholesale, and research establishments. The IL District may be located in various areas throughout the Village and may be in close proximity to residential neighborhoods and not be detrimental to residential uses because of its limited nature. While most often applied to areas where the location of particular industries has no district relationship to other nearby business or industrial districts, it may also be formed as an adjunct to these established districts.
(2) Required conditions.
(a) All production, processing, servicing, testing, repair, or storage of materials, goods, or products shall take place within completely enclosed buildings.
(b) All uses shall comply with the performance standards as cited in the “Environmental Protection Act” effective July 1, 1970, as amended, State of Illinois.
(3) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered in the IL District except for one or more of the following uses:
(a) Any production, processing, servicing, testing, repair, or storage of materials, goods, or products but not including any of the uses listed as permitted in the IH District.
(b) Wholesaling and warehousing; local cartage and express facilities (but not including motor freight terminals).
(c) Public community service uses as follows:
a. Bus terminals, bus garages, and bus lots
b. Electric and gas sub-stations
c. Fire stations
d. Municipal or privately owned recreation buildings or community centers
e. Parks and recreation areas
f. Police stations
g. Radio and television towers
h. Telephone exchanges
i. Water filtration plants
j. Water pumping stations
k. Water reservoirs
(d) Temporary buildings for construction purposes, not for human habitation, and not to exist after termination of the project.
(e) Accessory uses, including off-street parking and loading as permitted or required in this chapter.
(4) Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of this chapter:
(a) Any use which may be allowed as a permitted use and special use in the CG District.
(b) Airport or aircraft landing fields.
(c) Motor freight terminals.
(d) Stadiums, auditoriums, and arenas.
(e) Theaters, outdoor drive-ins.
(f) Any industrial use which, by the nature of conditions placed upon it, can be compatible with the proposed and required conditions of the IL District. In establishing such conditions, the Zoning Board of Appeals shall consider the impact of the use as it is discernible from or beyond the property lines, taking into account generated vibration, noise, odors, smoke, particulate, chemical or other debris emissions, electromagnetic radiation, including light sources or reflected glare, the potential for traffic congestion, and any other parameters particular to the proposed use and which have a bearing on the public health, safety, and welfare. In addition, all hazardous influences shall be confined to completely enclosed buildings.
(g) Wind-operated energy devises, for site service only, provided the lot area has a minimum of two and one-half (2-1/2) acres.
(h) Storage of materials, goods, or products outside of completely enclosed buildings, but within site tight fences of not less than eight (8’) feet nor more than twelve (12’) feet in height.
(i) LP Gas for Commercial and/or fleet operations.
(j) Water detention area.
(k) Storage and warehousing, wholesale establishments, and local cartage and express.
(l) Sexually-oriented business, subject to the following special uses criteria:
1. A sexually-oriented business may not be operated within one thousand (1,000’) feet of the following previously established uses:
a. a church, synagogue, or regular place of worship, or
b. a public or private elementary or secondary school, or
c. any property legally used or zoned for residential purposes, or
d. a public park, or
e. a day-care facility, or
f. another sexually oriented business, or
g. Municipal-owned property.
2. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually-oriented business, or to the nearest boundary of a residential zoning district.
3. Nothing in this Section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state, or federal law, including but not limited to obscenity and prostitution.
(5) Yards. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:
(a) FRONT. A front yard of at least twenty-five (25’) feet for buildings under twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum front yard shall be increased by one (1’) foot for each two (2’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a front yard of more than sixty (60’) feet be required.
(b) SIDE. A side yard is equal to at least ten (10’) feet; except, on corner lots where the side yards adjoin a street, the side yard shall be the same as the front yard.
(c) REAR. A rear yard equal to at least ten (10’) feet except on a zoning lot abutting a residential district, a rear yard of at least twenty-five (25’) feet in depth is required.
(6) Height. In the IL District, no building shall be erected or altered to a height in excess of forty-five (45’) feet.
Sec. 21-47. IG INDUSTRIAL DISTRICT
(1) Purpose. The IG District is intended to accommodate those industrial uses which may not or cannot meet the standards of the IL District yet do not have the objectionable influences of those uses found in the IH District. The IG District should not, where possible, be located in close proximity to a residential district.
(2) Required conditions.
(a) All production, processing, servicing, testing, repair, or storage of materials, goods, or products shall take place within completely enclosed buildings; except that outdoor storage of materials shall be within completely enclosed areas with a perimeter fence of not less than eight (8’) feet nor more than twelve (12’) feet in height.
(b) All uses shall comply with the performance standards as cited in the “Environmental Protection Act” effective July 1, 1970, as amended, State of Illinois.
(c) Wholesaling and warehousing; local cartage and express facilities (but not including motor freight terminals).
(3) Permitted Uses. Unless otherwise provided for in this chapter, no building or land may be used, and no buildings may be erected, converted, enlarged, or structurally altered in the IG District except for one or more of the following uses:
(a) Any use permitted in the IL District.
(b) LP gas for fleet operations.
(4) Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of this chapter.
(a) Any use which may be allowed as a special use in the IL District.
(b) Stone and gravel quarries and crushing, grading, washing, and loading equipment and structures. Concrete plants and/or batch plants. (Ordinance No. 2014-4)
(c) Race track.
(d) Railroad roundhouses, maintenance buildings, and switching yards.
(e) Water detention area.
(f) Sexually-oriented business, subject to the following special uses criteria:
1. A sexually-oriented business may not be operated within one thousand (1,000’) feet of the following previously established uses:
a. a church, synagogue, or regular place of worship, or
b. a public or private elementary or secondary school, or
c. any property legally used or zoned for residential purposes, or
d. a public park, or
e. a day-care facility, or
f. another sexually-oriented business, or
g. Municipal-owned property.
2. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually-oriented business, or to the nearest boundary of a residential zoning district.
3. Nothing in this section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state, or federal law, including but not limited to obscenity or prostitution.
(5) Yards. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:
(a) FRONT. A front yard of at least twenty-five (25’) feet for buildings under twenty-five (25’) feet in height. For buildings exceeding twenty-five (25’) feet in height, the minimum front yard shall be increased by one (1’) foot for each two (2’) feet or fraction thereof by which the building height exceeds twenty-five (25’) feet, but in no case shall a front yard of more than sixty (60’) feet be required.
(b) SIDE. A side yard equal to at least ten (10’) feet; except, on corner lots where the side yard adjoins a street, the side yard shall be the same as the front yard.
(c) REAR. A rear yard is equal to at least ten (10’) feet; except, on a zoning lot abutting a residential district, a rear yard of at least twenty-five (25’) feet in depth is required.
(6) Height. In the IG District, no building shall be erected or altered to a height in excess of seventy-five (75’) feet.
Sec. 21-48. IH HEAVY INDUSTRIAL DISTRICT
(1) Purpose. The purpose of the IH District is to accommodate those heavier industrial uses which have objectionable influences but which nevertheless should be provided for in the community. The IH District is, insofar as possible, applied to locations removed from the residential districts on the basis of linear distance or natural or manmade features.
(2) Required Conditions. All uses shall comply with the performance standard cited in the “Environmental Protection Act” as set forth in 415 ILCS 5/1 et seq.
(3) Permitted Uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered in the IH District except for one or more of the following uses:
(a) Any use listed as a permitted use in the IG District.
(4) Special Uses.
(a) Any use which may be allowed as a special use in the IG District unless already permitted under subsection (3) of this section may be allowed by special use permit in accordance with the provisions of this chapter.
(b) Junkyards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened from view from adjacent property or right-of-ways.
(c) Sanitary landfill.
(d) Sexually-oriented business, subject to the following special uses criteria:
1. A sexually-oriented business may not be operated within one thousand (1,000’) feet of the following previously established uses:
a. a church, synagogue, or regular place of worship, or
b. a public or private elementary or secondary school, or
c. any property legally used or zoned for residential purposes, or
d. a public park, or
e. a day-care facility, or
f. another sexually-oriented business.
2. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business is conducted, to the nearest property line of a church, school, park, residential use or other sexually-oriented business, or to the nearest boundary of a residential zoning district.
3. Nothing in this section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state, or federal law, including, but not limited to, obscenity and prostitution.
(5) Yards. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:
(a) SIDE. A side yard equal to at least ten (10’) feet; except, on corner lots where the side yard adjoins a street, the side yard shall be the same as the front yard.
(6) Height. In the IH District, no building shall be erected or altered to a height in excess of one hundred (100’) feet.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
