§ 151.113  ACCESSORY USES.
   (A)   Authorization. Except as otherwise expressly provided in this chapter, accessory uses and structures shall be allowed only in connection with any lawfully established principal use.
   (B)   General standards.  All accessory uses shall comply with the following standards.
      (1)   Unless otherwise expressly stated, accessory uses and structures shall be located on the same zoning lot as a lawfully established principal use and cannot continue in the absence thereof unless lawfully converted to a permitted principal use. Notwithstanding the above, an underground improvement such as a septic system and/or well located on an abutting parcel under common or separate ownership may be allowed.
      (2)   (a)   No accessory structure or use shall be constructed or established on any lot prior to the issuance of a building permit for the principal structure or an occupancy permit for a principal use to which it is accessory.
         (b)   This provision shall not prohibit the issuance of a permit for a detached garage at the time of issuance of a building permit for a principal dwelling unit on the subject parcel.
      (3)   (a)   Unless otherwise expressly stated, accessory structures and uses shall comply with all applicable regulations of this chapter, including the floor area ratio, impervious surface ratio, height and setback regulations (see also subsection (C) below).
         (b)   No accessory use or structure shall cause any of these standards to be exceeded for the underlying zoning district.
      (4)   No accessory structure maybe located within four feet of any other structure except fences, any at-grade improvements, or any other structures that do not unreasonably impede access for emergency and/or maintenance purposes or otherwise create a fire or safety hazard.
      (5)   (a)   Accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent, and purpose.
         (b)   The total gross floor area of all accessory structures on a lot shall not exceed one and one-half times the total gross floor area of the principal structure on the lot.
         (c)   Nonresidential or agricultural-exempt uses, or hoophouses or greenhouses, exclusively used for growing ornamental plants or plants for local food production in residential zoning districts, shall be exempt from area-related provisions for accessory structures.
      (6)   Signs shall be subject to § 151.173.
      (7)   (a)   No more than three accessory buildings associated with a principal residential use shall be located on a single parcel in a residential district.
         (b)   1.   There shall be no limit on the number accessory buildings that may be located on a parcel in a nonresidential zoning district or on a parcel in a residential zoning district containing a principal nonresidential use, provided that they comply with all other general accessory use standards of this section (subsection (B)).
            2.   The provisions of this subsection (B)(7) shall not apply to agricultural-exempt uses.
         (c)   Hoophouses or greenhouses, exclusively used for growing ornamental plants or plants for local food production in residential zoning districts, open gazebos, pergolas, swimming pools, cabanas, ground-mounted solar energy systems or similar structures shall not be counted as buildings for purposes of this provision. (See Figure 151.113.)
Figure 151.113: Accessory Structures
      (8)   A basement shall not be permitted in any accessory structure; however, a crawl space may be permitted. An attic shall be permitted in an accessory structure only if the rafter or ceiling height is no greater than six feet and the attic is used for storage purposes only.
      (9)   Uses prohibited as accessory uses:
         (a)   Uses specifically prohibited by subsections (E)(5) and (N) of this section;
         (b)   Recreational use of motorized vehicles as residential accessory uses;
         (c)    Temporary hoophouses, greenhouses, or other frame-designed structures not meeting applicable building codes except as allowed under the state’s agricultural exemption or for exclusively growing ornamental plants or plants for local food production in residential zoning districts;
         (d)   Temporary storage structures, including trailers and freight containers not meeting building codes; and
         (e)   Donation drop-off containers.
   (C)   Height and setback standards.
      (1)   Height.  The following height standards shall apply to accessory uses and accessory structures unless otherwise expressly stated:
 
Zoning District
Maximum Height (§ 151.131(C))
AG
30 feet/l story
RE
25 feet/1 story
E
25 feet/1 story
R1
25 feet/1 story
R2
25 feet/1 story
R3
25 feet/1 story
R4
25 feet/1 story
R-4A
25 feet/1 story
R5
25 feet/1 story
R6
25 feet/1 story
RR
25 feet/1 story
GO
30 feet/1 story
LC
30 feet/1 story
RC
30 feet/1 story
GC
30 feet/1 story
LI
30 feet/1 story
II
30 feet/1 story
OS
30 feet/1 story
 
      (2)   Setbacks.
         (a)   Residential development. In residential zoning districts, accessory uses and structures shall meet the street setback requirement of the underlying zoning district. No accessory use or structure may be located within six feet of any side or rear property line.
         (b)   Nonresidential. In nonresidential zoning districts, accessory uses and structures shall meet all the setback requirements of the underlying zoning district.
   (D)   Accessory dwellings and caretaker’s residences.
      (1)   Where allowed.
         (a)   Accessory dwelling units.  Accessory dwelling units (attached to or detached from the principal structure) shall be an allowed accessory use to any allowed detached house use on lots in the AG, RE, E, R-1 Districts with a minimum area of 80,000 square feet or more. Any attached accessory dwelling unit may be located within any level of the house to which it is attached, but shall not internally exceed one story.
         (b)   Caretaker’s residences.  Caretaker’s residences shall be an allowed accessory use to any allowed nonresidential use.
      (2)   Other ordinance standards.
         (a)   Accessory dwelling units. Accessory dwelling units shall comply with the building codes, codified as Chapter 150. Accessory dwelling units shall be subject to all setback and impervious coverage standards that apply to principal structures in the underlying zoning district. The maximum height of detached accessory dwelling units shall be subject to the accessory standards of subsection (C)(1) above.
 
COMMENTARY:
The existence of an accessory dwelling will not be accepted as a justification for rezoning to a higher density residential district.
 
         (b)   Caretaker’s residences.  Caretaker’s dwelling units shall be subject to all setback and impervious coverage standards that apply to principal structures in the underlying zoning district. The maximum height of detached caretaker’s residences shall be subject to accessory standards of subsection (C)(1) above.
         (c)   Maximum number of units.  No more than one accessory dwelling unit or caretaker’s residence shall be allowed on a lot unless otherwise expressly allowed by this chapter or state law.
      (3)   Occupancy.
         (a)   Accessory dwelling units.  The combined total number of individuals that reside in the principal and accessory dwelling units shall not exceed the number that is allowed for a single household. See definition of “household”. If the subject parcel has an area of more than 200,000 square feet, an accessory dwelling may be occupied by a domestic or farm employee and the employee’s immediate family, regardless of the number of family members. The owner of the real property upon which the accessory dwelling unit is located must occupy either the principal or accessory dwelling unit.
         (b)   Caretaker’s residences.  Care-taker’s residences shall be occupied exclusively by the caretaker and his or her immediate family.
      (4)   Size.
         (a)   Accessory dwelling units.  Any accessory dwelling unit shall contain no more than one bedroom and no more than 1,000 square feet of gross floor area.
         (b)   Caretaker’s residences. A care-taker’s residence shall contain no more than 1,000 square feet of gross floor area.
   (E)   Customary home occupations.
      (1)   General.  Some types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this subsection (E) are intended to permit residents to engage in customary home occupations, while ensuring that the home occupations will not be a detriment to the character and livability of the surrounding area. The regulations require that home occupations (an accessory use) remain subordinate to the allowed principal use (residential) and that the residential viability of the dwelling unit is maintained. Approval of a zoning certificate shall be required.
      (2)   Allowed uses.  The home occupation regulations of this subsection (E) establish performance standards rather than detailed lists of allowed home occupations. Uses that comply with all of the standards of this subsection (E) will be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly incidental to the use of the dwelling as a residence.
      (3)   Where allowed.  Home occupations that comply with the regulations of this section shall be allowed as an accessory use to any allowed residential use.
      (4)   Size.  A home occupation shall occupy less than 50% of the floor area of the principal dwelling unit.
      (5)   Prohibited uses.
         (a)   Vehicle and large equipment storage/repair.  Any type of repair, assembly, or storage of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts is prohibited as a home occupation.
         (b)   Dispatch centers. Dispatch centers, where employees come to the site to be dispatched to other locations, are not allowed as home occupations.
         (c)   Animal care or boarding facilities.  Animal care or boarding facilities are not allowed as home occupations. This includes animal hospitals, kennels, public stables, and all other types of animal boarding and care facilities.
         (d)   Barber shops, beauty shops, and nail salons.  Barber shops, beauty shops, and nail salons and similar cosmetology services shall be prohibited as home occupations when not served by community sewer systems.
         (e)   Food service businesses.  Food service businesses, including all types of restaurants and food catering operations, shall be prohibited as home occupations. Cottage food operations, which permits production of certain food items in the kitchen of a person’s primary residence for sale exclusively at farmer’s markets, shall be allowed as a home occupation.
         (f)   Mobile (off-site) vehicle servicing.  Associated storage for mobile vehicle servicing involving service calls to clients’ off-site locations, consisting of repair, detailing, and servicing of boats, recreational vehicles, and other consumer vehicles, is not allowed as a home occupation. The maintaining of a home office for the business and the parking of a commercial vehicle in accordance with subsection (N) below shall be allowed as a home business.
         (g)   Contracting businesses.  Associated storage for contracting businesses, including plumbing, electrical, carpentry, and other trades, and storage thereto, is not allowed as a home business. The maintaining of a home office for the business and the parking of a commercial vehicle in accordance with subsection (N) below shall be allowed as a home business.
      (6)   Employees.  A maximum of two nonresident employee shall be allowed in conjunction with a home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
      (7)   Resident operator.  The operator of a home occupation shall be a full-time resident of the dwelling unit.
      (8)   Signs.  No signs shall be allowed.
      (9)   Location.  All activities and storage areas associated with home occupations must be conducted and located inside the principal dwelling unit, not in detached buildings or garages.
      (10)   Exterior appearance.  There shall be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of the prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting.
      (11)   Customers. Customers may visit the site only during the hours of 8:00 a.m. to 8:00 p.m., and no more than six customers or clients may visit the site in any single day.
      (12)   Operational impacts.
         (a)   No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference, or fluctuation in voltage that is perceptible beyond the lot line of the lot upon which the home occupation is conducted.
         (b)   No hazardous substances may be used or stored in conjunction with a home occupation.
      (13)   Deliveries. Deliveries or pickups of supplies or products associated with home occupations are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pickup are limited to those normally servicing residential neighborhoods.
      (14)   Retail sales and display.
         (a)   No stock-in-trade shall be produced upon the premises, with the exception of the following:
            1.   The hand-assembly or hand-crafting of arts and crafts. For purposes of this subsection (E)(14), the kiln-firing of hand-wrought or hand-painted ceramics shall also be permitted.
            2.   The hand-wrapping or finishing of gift baskets, variety packs, or other similar multi-content stock, wherein the component items have been manufactured elsewhere.
         (b)   No stock-in-trade shall be sold upon the premises, with the exception of the following:
            1.   The trans-shipment or pre-arranged pickup of items specifically pre-ordered or pre-purchased by a customer, with the exception of vehicles and large equipment as described in subsection (E)(5)(a), above; and
            2.   The direct shipment of items to a customer that were specifically pre-ordered or pre-purchased by the customer.
      (15)   Number.  There shall be no limit on the number of home occupations, provided that the home occupations in cumulative total comply with the standards of this section.
   (F)   Cottage food operations. Cottage food operations shall be subject to the home occupation provisions of subsection (E) above. The operator must annually submit an application for cottage food operation registration form to the Lake County Health Department.
 
COMMENTARY:
The Illinois Cottage Food Operation Act, 41 ILCS 625, provides additional standards for the preparation and sale of food under a cottage food operation, including compliance with applicable health regulations.
 
   (G)   Rural home occupation.
      (1)   General. The purpose of rural home occupations is to provide a means to allow business activity of a greater intensity than that of a customary home occupation, while still maintaining compatibility with the rural character of the surrounding area. Residents on larger lots located in rural areas may be able to conduct higher intensity uses with little or no effect on surrounding properties. The business activity shall be conducted within the dwelling or one accessory building. The use of the property for a rural home occupation must be clearly incidental and subordinate to the residential use.
      (2)   Allowed Uses. The rural home occupation regulations of this subsection (G) establish performance standards rather than detailed lists of allowed rural home occupations. Uses that comply with all of the standards of this subsection (G) will be allowed as rural home occupations unless they are specifically prohibited. The rural home occupation must be clearly incidental to the use of the dwelling as a residence.
      (3)   Where allowed. The minimum lot size for a rural home occupation is 80,000 square feet. For zoning lots less than 80,000 square feet, the provisions of § 151.113(E) shall apply. The rural home occupation may occupy either a portion of the principal residential dwelling or one accessory building. Detached accessory structures, which are used in conjunction with a rural home occupation, shall conform to all applicable principal setback and building separation requirements.
      (4)   Size. Operations and storage associated with the rural home occupation shall occupy less than 50% of the floor area of the principal dwelling unit or in one accessory building. The portion of the accessory building devoted to the rural home occupation shall not exceed 1,000 square feet. Incidental office work occurring in the principal structure in conjunction with the primary use of an accessory structure for the rural home occupation shall not apply towards the allowable gross floor area.
      (5)   Prohibited uses. Prohibited uses include outdoor storage, repair of large equipment, vehicle repair not incidental to the maintenance or repair of vehicles associated with the home occupation, dispatch centers, and kennels. Barber shops, beauty shops, and nail salons are allowed only when served by community sewer systems.
      (6)   Employees. A maximum of three nonresident employees shall be allowed in conjunction with a rural home occupation. For the purpose of this provision, the term NONRESIDENT EMPLOYEE includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the rural home occupation.
      (7)   Resident operator. The operator of a rural home occupation shall be a full-time resident of the dwelling unit.
      (8)   Signs. No signs shall be allowed.
      (9)   Location. All activities and storage areas associated with rural home occupations must be conducted and located inside the principal dwelling unit or inside one accessory structure that meets the principal residential structure setbacks for the district.
      (10)   Exterior appearance. There shall be no visible evidence of the conduct of a rural home occupation when viewed from the street right-of-way or from an adjacent lot. No outdoor storage of materials or goods shall be permitted.
      (11)   Customers. Customers may visit the site only during the hours of 8:00 a.m. to 8:00 p.m., and no more than six customers or clients may visit the site in any single day.
      (12)   Operational impacts.
         (a)   No rural home occupation or equipment used in conjunction with a rural home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage that is perceptible to the nearest residential structure on an adjoining parcel.
         (b)   No hazardous materials may be used or stored in conjunction with a home occupation.
      (13)   Vehicles. Outside storage of commercial vehicles must meet all standards of § 151.113(N). Off-street parking spaces shall be provided for all employees and patrons.
      (14)   Inspections. Rural home occupations shall be subject to monitoring inspections during normal business hours as necessary to ensure the occupation and use of the property remains in compliance with the standards of this subsection.
   (H)   Bed and breakfast.  Bed and breakfast operations shall be subject to the home occupation provisions of subsection (E) above and the following standards, provided that the home occupation customer limits of § 151.113(E)(11) above shall not apply. In the event of conflict, the following standards shall apply.
 
COMMENTARY:
The Illinois Bed and Breakfast Act, 50 ILCS 820, provides additional standards for the establishment of a bed and breakfast, including compliance with applicable health and fire safety regulations.
 
      (1)   Guest rooms.  No more than five bedrooms or guest rooms shall be rented per night.
      (2)   Health Department approval.  Approval and inspection by the Lake County Health Department shall be required.
      (3)   Planning, Building and Development Department approval. Approval and inspection by the Planning, Building and Development Department shall be required.
      (4)   Signs.  A maximum of one sign with a maximum area of one square foot shall be allowed.
      (5)   Length of stay.  Occupancy by any guest shall not exceed seven consecutive days. A permanent register shall be maintained to show the names and signatures of all guests.
   (I)   Private stables.
      (1)   Zoning.  Private stables shall be allowed only in the AG, RE, E, and R-1 Zoning Districts, provided that all applicable standards are met.
      (2)   Lot area.  The minimum lot area shall be 80,000 square feet for the first two equine, plus an additional 40,000 square feet for each additional equine. There shall be no limit on the number of equine kept on parcels with an area of 200,000 square feet or more.
      (3)   Setbacks.  The following minimum setbacks shall be provided:
         (a)   On parcels of less than 200,000 square feet, all feed and bedding shall be stored indoors;
         (b)   Stables on parcels of at least 200,000 square feet shall be regulated in accordance with § 151.112(C)(1);
         (c)   Pastures enclosing an undivided area of at least 40,000 square feet may extend to the lot line; and
         (d)   All stable buildings and corrals shall be set back from all lot lines and rights-of-way lines as follows:
            1.   From nonresidential districts (including AG), RE, E, and R-1 - 30 feet; and
            2.   From R-2, R-3, R-4, R-5, R-6, and RR Districts - 100 feet.
 
COMMENTARY:
Fenced enclosures for equine shall be considered corrals, and subject to corral setbacks, if containing less than 40,000 square feet of undivided space. Manure shall be regulated in accordance with Lake County Health Department regulations.
 
   (J)   Hoophouses.
      (1)   Hoophouses and greenhouses on residentially zoned properties shall be used for the primary exclusive purpose of growing ornamental plants or plants for local food production. Hoophouses shall not exceed, in the aggregate, 100 square feet in area for lots 10,000 square feet in lot area or less. An additional 100 square feet in area shall be allowed for each additional 20,000 square feet in lot area. There shall be no limit on the size or number of hoophouses kept on agriculturally exempt parcels with an area of 200,000 square feet or more.
      (2)   Location and setbacks. Hoophouses shall not be located between the principal building and any improved road right-of-way. In the case of an unimproved right-of-way, this provision may be modified by the Planning, Building and Development Department Director in consultation with the appropriate local roadway authority.
      (3)   Hoophouses shall be covered with a colorless and transparent, plastic, polyethylene-film material and shall be maintained intact with all parts secure. Any repairs shall maintain consistency in appearance and condition with the original construction. The hoophouse must be replaced, removed, or repaired upon evidence of deterioration.
   (K)   Private swimming pools and tennis courts.
      (1)   Setbacks. Pools and tennis courts, including but not limited to walls and equipment rooms, shall not extend into any required setback area.
      (2)   Fences.  Swimming pools of more than two feet in depth shall be provided with a protective barrier in accordance with the building code.
      (3)   Private use only.  A pool or tennis court accessory to a principal residential use shall not be operated as a business or private club.
   (L)   Fences and walls.
      (1)   Fences and walls.  Fences and walls shall be permitted in any required setback (except within required visibility triangles, see § 151.172). The finished/ornamental side of the fence shall face outward; however, this requirement may be waived by the Planning, Building and Development Director if it is determined no practical benefit is served based upon an assessment of site conditions. The maximum height of walls and fences shall be six feet, or six feet six inches when the fence is required to be elevated due to the drainage requirement. In instances when greater height is deemed necessary to provide adequate visual screening, buffering and security, the Planning, Building and Development Director shall be authorized to allow a maximum fence or wall height of eight feet. However, an eight- foot high fence or a wall may be allowed separating residential and nonresidential uses without the Planning, Building and Development Director’s authorization. The finished/ornamental side of the fence shall face outward. Fences for tennis courts, volleyball courts, or similar recreational purposes located at or beyond all required setback lines shall not exceed the maximum height provided in subsection (C)(1). If a recreational fence is greater than six feet in height, it shall be a minimum of 90% open. Fences and walls shall be permitted in any required setback (except within required intersection, visibility triangles, see § 151.172, or within designated open space areas, unless otherwise permitted pursuant to § 151.072(A)(1).
      (2)   Retaining walls.  Retaining walls (i.e., walls that support fill) shall be set back a minimum of four feet from all property lines unless site conditions warrant a lesser setback, in which case, the Planning, Building and Development Director shall be authorized to allow a reduced setback. Retaining walls shall not be permitted within required visibility triangles (see § 151.172).The maximum height of retaining walls shall be six feet. If site conditions warrant, the Planning, Building and Development Director may allow the height of a retaining wall to be greater than six feet.
   (M)   Tents.  No tent shall be used, erected, or maintained as living quarters. Tents used for camping purposes wherever permitted shall be of a temporary nature. Tents erected for a consecutive period of more than seven days in conjunction with a series of temporary events shall be permitted only by conditional use permit. Canopies, awnings, and other similar temporary open shelters (with no enclosing sides or walls) attached to the building that accommodate outdoor seating areas for restaurants and taverns shall be allowed, provided the structures meet all applicable zoning and building code requirements, and further provided the ancillary use of the structures to accommodate any temporary events, including outdoor music, shall require a temporary use permit.
   (N)   Commercial vehicle parking.  One vehicle, customarily used for commercial purposes, not to exceed eight feet in width and 22 feet in length, may be allowed to be parked outdoors as an accessory use to an existing residential use in Residential Zoning Districts. Two commercial vehicles, not to exceed eight feet in width and 22 feet in length, may be allowed to be parked outdoors in the Agricultural (AG) zone on parcels having 200,000 square feet or larger area as an accessory use to any principal permitted use. In no case shall semi-trailers, semi-trailer cabs, tow trucks, dump trucks, aerial ladders, bucket trucks, flat bed trucks, box trucks, and/or any commercial vehicle with a diesel engine be permitted in the Residential or Agricultural (AG) Zoning Districts. Uses qualifying for agricultural exemption shall be exempt from this requirement.
   (O)   Wildlife rehabilitation facilities.  Wildlife rehabilitation shall be considered an accessory use to an existing residential use in AG and Residential Zoning Districts. This use shall be allowed only by a non-delegated conditional use permit. Setbacks, screening, and noise abatement requirements shall be addressed as part of the conditional use permit. The following standards shall apply:
      (1)   The site shall contain a minimum of 80,000 square feet.
      (2)   All structures containing rehabilitation activities shall be set back a minimum of 30 feet from all property lines.
      (3)   When adjacent to a residential use, all structures containing rehabilitation activities shall be separated from the residential use by providing landscaping consisting of one plant unit per every 100 lineal feet.
      (4)   State and federal wildlife permits shall be obtained as required by law.
   (P)   Wind energy facilities. Wind energy facilities include building-mounted and tower-mounted turbines, less than 200 feet in height, and are considered to be an accessory use to principal residential and nonresidential uses. It is permissible to sell excess electricity produced by a wind energy facility to an electric utility company, provided that the majority of energy produced is intended to serve the principal use on site.
      (1)   Height.
         (a)   Residential Zoning Districts.
            1.   As measured from its highest point, building-mounted turbines shall be allowed up to the height of 15 feet above the highest point of the building structure, but in no case shall exceed 45 feet above the structure’s average ground elevation in a residential zoning district.
            2.   Tower-mounted turbines shall be permitted by right up to the heights of: 45 feet on parcels less than 40,000 square feet; 75 feet on parcels 40,000 to 200,000 square feet; and 100 feet on parcels larger than 200,000 square feet, as measured from the base of the tower to the top of a fully extended blade. Proposed turbines over these limits shall require a delegated conditional use permit. Turbines shall be limited to 125 feet in height if located within 500 feet of a nonparticipating residentially zoned property.
            3.   The blade tip of a tower-mounted horizontal axis turbine shall have ground clearance of not less than 25 feet at its lowest point. The blade tips of a vertical access turbine shall have ground clearance of not less than 15 feet at their lowest point.
         (b)   Nonresidential Zoning Districts.
            1.   As measured from its highest point, building-mounted turbines shall be allowed at the height of 15 feet above the highest point of the building structure, in a nonresidential zoning district.
            2.   The turbine height for a tower-mounted turbine (as measured at its highest point) shall be less than 200 feet in a nonresidential zoning district. Tower-mounted turbines shall be limited to 125 feet in height if located within 500 feet of a nonparticipating residentially zoned property.
            3.   The blade tip of a tower-mounted horizontal axis turbine shall have ground clearance of not less than 25 feet at its lowest point. The blade tips of a vertical access turbine shall have ground clearance of not less than 15 feet at their lowest point.
      (2)   Setbacks.
         (a)   Tower-mounted turbines shall be set back a minimum distance equal to 150% of (1.5 times) the turbine height, from the exterior surface of the base of the tower to nonparticipating property lines.
         (b)   Tower-mounted turbines for which the generated electricity is exclusively used on-site shall be set back a minimum distance equal to 110% of (1.1 times) the turbine height, from the exterior surface of the base of the tower to nonparticipating property lines.
         (c)   Tower-mounted turbines shall be set back a minimum distance equal to 110% of (1.1 times) the turbine height, from third party transmission lines and communication towers.
      (3)   Operating requirements. The following are requirements for the operation of wind energy facilities. Additional requirements and standards for wind energy facilities shall apply as identified in Appendix Q. Provisions for violations, penalties and enforcement shall apply as identified under §§ 151.250 through 151.258.
         (a)   Sound level limitations for wind energy facilities.
            1.   The sound level limits identified below shall apply. Measurement procedures are outlined in Appendix Q section 2.0. Measurements can be taken at any location on nonparticipating properties and must account for ambient sound contributions.
 
Receiving Property
Hours of Operation
Sound Level Limits
Residential
10:00 p.m. - 7:00 a.m.
45 dB(A)
Residential
7:00 a.m. - 10:00 p.m.
55 dB(A)
Other non-residential
24 hours
60 dB(A)
Industrial
24 hours
65 dB(A)
 
            2.   No facility shall operate with an average sound level more than five dB(A) above the non-operational ambient level, as measured within 100 feet of any residential dwelling on a neighboring property.
            3.   To limit the level of low-frequency sound, the average C-weighted sound level during facility operation shall not exceed the A-weighted ambient sound level by more than 20 dB.
         (b)   Shadow flicker. The facility’s shadow flicker shall not fall on any nonparticipating residential building, built at the time of approval, for more than one hour a day. The owner must commit to a schedule for turning the turbine off during periods exceeding that limit.
         (c)   Width. As measured at its widest point, the width of building-mounted turbine(s) shall not exceed 20% of the shortest width of the building’s front or side elevation, for residential buildings and non-residential buildings abutting residentially used properties. The width of the building-mounted turbine shall not exceed 50% of the shortest width of the front or side elevation of a nonresidential building, not abutting residentially used properties.
         (d)   Sun glint. The facility’s surface finish shall be flat or matte, so as to reduce incidence of sun glint.
         (e)   Electronic interference. Facilities shall not cause electromagnetic interference with communications systems. The determination of degradation of performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers or Electrical Industries Association.
      (4)   Waivers. Requirements for setbacks, sound level limitations or shadow flicker from wind energy facilities may be waived by impacted nonparticipating property owners. The written waiver shall notify nonparticipating property owner(s) of the requirements established by this chapter and how the proposed wind energy facility is not in compliance. The waiver shall be signed by the nonparticipating property owner(s) giving consent to exceed the limits for setback, sound level limitations, or shadow flicker on his or her property.
   (Q)   Recycling dumpsters and bins.
      (1)   Recycling dumpsters and bins shall be provided appropriate area for multi-family dwellings as defined by the Solid Waste Agency of Lake County.
      (2)   Areas used for collecting solid waste shall include adequate areas for collecting and loading recyclable materials. Wherever feasible, areas for collecting and loading recyclable materials shall be adjacent to solid waste collection areas.
   (R)   Beekeeping and apiaries. The keeping of honey bees, of the European species Apis mefifera, shall be permitted in the Agricultural, Rural Estate. Estate, R1, R2, R3, and R4 Zoning Districts on lots less than 200,000 square feet in area, as an accessory use to a principal use, provided the following conditions are met,
      (1)   Number of beehives. Two full beehives (hives) and two “nucleus hives” shall be permitted on lots up to and including a-minimum lot area of 10,000 square feet of area, and one beehive and one nucleus hive shall be permitted for each additional 10,000 square feet. There shall be no limit on the number of hives kept on parcels with an area of 200,000 square feet or more. Nucleus hives, consisting of five or fewer frames, are kept for the purposes of queen and pest management.
      (2)   Location and setbacks.
         (a)   Setbacks to property lines. Hives and related structures that form the apiary shall be located a minimum of 30 feet from any adjoining improved alley, easement for purposes of ingress or egress, or road right-of-way and a minimum of ten feet from all other property lines. ln the case of an unimproved right of way, this provision may be modified by the Planning. Building and Development Department Director in consultation with the appropriate local roadway authority.
         (b)   Setback to habitable structures. Hives shall be located a minimum of 30 feet from any existing habitable structures on any adjoining parcel, such as dwellings, non-residential buildings, patios, porches, gazebos, decks, swimming pools, or permanently affixed play equipment, but not including storage structures such as garages or sheds.
         (c)   Fencing. On parcels of 40,000 square feet or less, hives shall be enclosed behind a minimum four-foot high fence, hedge, or wall.
         (d)   Signage. In lieu of the fencing requirement in subsection (R)(2)(c) above, a sign, or signs, identifying the presence of beehives on the property shall be posted so as to be reasonably visible within close proximity of the apiary.
         (e)   Flyway barrier. On parcels of 40,000 square feet or less, where the beehive entrance is oriented to an exterior property line, a six-foot high, solid flyway barrier (e.g., fence, wall, or dense shrub) shall be located between the hive entrance and the property line and shall extend five feet in each direction.
      (3)   Management practices.
         (a)   Water supply.
            1.   A supply of water shall be continuously available and located within the parcel, provided that it is closer than water sources on any adjoining parcel.
            2.   Water supply shall be designed to allow bees to access water by landing on a hard surface. Water requirement shall be in effect from April 1 to November 30 or any and all days in which temperature exceeds 55 degrees for three consecutive days.
         (b)   Requeening. In any instance in which a hive exhibits unusually aggressive characteristics, as verified by Illinois Apiary inspector, the property owner shall destroy, move to another parcel, or requeen the hive within 14 days of observation.
         (c)   Moveable combs. All honey bees shall be kept in hives with removable combs, which shall be kept in good repair and usable condition.
 
COMMENTARY:
State Regulations: Per the Illinois Department of Agriculture, hives shall be registered with the Illinois Department of Agriculture and actively maintained in accordance with 510 ILCS 20/1 et seq., the Illinois Bees and Apiaries Act.
 
   (S)   Chickens. The keeping of hens, the female of the chicken species Gallus gailus domesticus, shall be permitted in single family residential zoning areas, on zoning lots of 10,000 square feet or greater, provided the following conditions are met.
      (1)   Number of hens.
         (a)   This table identifies the number of hens allowed on non-exempt residential property.
 
Minimum Lot Size
Maximum Number of Hens Allowed
None
4
10,000 sq. ft.
6
20,000 sq. ft.
8
40,000 sq. ft.
10
80,000 sq. ft.
12
 
         (b)   There shall be no limit on the number of hens kept on parcels with an area of 200,000 square feet or more.
      (2)   Chicken coops and yards.
         (a)   Chicken coop.
            1.   Hens shall be kept in an enclosed outdoor coop, an accessory structure used for the purpose of keeping live chickens, so as to offer protection from weather elements and from predators and trespassers.
            2.   Coops shall be built and kept in such a manner, large enough to provide at least three square feet per hen and allow the hens easy ingress and egress to an enclosed chicken yard. Coops may be freestanding or integrated into an accessory structure. Freestanding coops shall not exceed eight feet in height.
            3.   Coops shall be covered with uniform materials and shall be maintained intact with all parts secure. Any repairs shall maintain consistency with original structure in appearance and condition. The coop must be replaced, removed, or repaired upon evidence of deterioration.
         (b)   Chicken yard.
            1.   Coops shall be connected with an enclosed chicken yard or run.
            2.   Hens may be allowed to roam in a fenced back yard, but shall not be allowed to roam outside of the fenced yard. Hens must be returned to the secured chicken coop each night.
            3.   Chicken yards constructed with wire mesh fencing shall retain a flat, uniform plane, in a well-maintained, safe condition.
      (3)   Location and setbacks.
         (a)   Street setbacks. Chicken coops and yards shall not be located between the principal building and any improved alley, easement for purposes of ingress or egress, or road right-of-way. In the case of an unimproved right of way, this provision may be modified by the Planning, Building and Development Department Director in consultation with the appropriate local roadway authority.
         (b)   Setback to habitable structures. In addition to setback requirements for accessory structures, chicken coops shall be located a minimum of 30 feet from any existing structures on any adjoining parcel, such as dwellings, non-residential buildings, patios, porches, gazebos, decks, or swimming pools, but not including storage structures such as garages or sheds.
      (4)   Prohibitions and management practices.
         (a)   Roosters. The keeping of roosters shall not be allowed on non-exempt property.
         (b)   Odors. Chicken coops and yards must be cleaned on a regular basis so they remain free from undue accumulated waste, such as to cause odors reasonably detectable on adjacent properties.
         (c)   Feed. All feed for hens shall, except when placed for consumption by the hens, be kept in containers with tightly fitted lids that are rodent-proof.
         (d)   Maintenance of coops. Coops shall be maintained in good repair and non-dilapidated condition.
         (e)   Slaughter. No outdoor slaughter of chickens shall be allowed.
 
COMMENTARY:
State Regulations: Per the Illinois Department of Agriculture, those wishing to keep chickens hens on their premises shall complete a Livestock Premises Registration.
 
   (T)   Value added agricultural processing. Value added agricultural processing is permitted as an accessory use to an agriculture use on zoning lots of 200,000 square feet or more, provided the following conditions are met:
      (1)   The agricultural processing must be clearly subordinate to and supportive of the principal agricultural use of the property. The total processing area must be 1,200 square feet or less in gross floor area. The primary ingredients used must be grown on-site.
      (2)   The agricultural processing will not cause odor, vibration, noise, electrical interference, or fluctuation in voltage that is perceptible beyond the lot line of the parcel upon which the agricultural processing is conducted.
      (3)   Any outdoor processing operation shall be located at least 50 feet from all property lines.
      (4)   Examples of permitted agricultural processing of products include but are not limited to food products, cheese, honey, herbal products, soap, and woolen goods. Any and all processing of fish, meat or game is prohibited.
      (5)   The operation shall comply with all federal, state, and local laws.
   (U)   Accessory solar energy systems.
      (1)   Types.
         (a)   Roof-mounted. Building-mounted solar energy systems may be mounted on accessory or principal structures in all zoning districts. All applicable accessory or principal structure requirements apply to building-mounted solar energy systems.
         (b)   Building-integrated. Building-integrated solar energy systems may be integrated into accessory or principal structures in all zoning districts. Solar energy systems that are integrated into any structure shall be regulated as architectural features, including applicability of setback exceptions of § 151.131(C)(3)(l).
         (c)   Ground-mounted. Ground-mounted solar energy systems which meet the definition of an accessory structure as defined in § 151.271 shall be permitted as an accessory use based on the underlying zoning district as follows:
            1.   Residential districts. Small-scale solar energy systems are permitted as an accessory use in all residential zoning districts. Accessory use medium and large-scale solar energy systems shall require a conditional use permit in all residential zoning districts.
            2.   Nonresidential districts. Small-scale solar energy systems are permitted as an accessory use in all nonresidential districts. Medium and large-scale solar energy systems are permitted as an accessory use in the II and LI zoning districts and shall require a conditional use permit in all other nonresidential zoning districts.
            3.   Campus settings. Accessory use ground-mounted solar energy systems of all sizes (small, medium, or large) shall be permitted in all zoning districts for those institutional, commercial, or industrial uses with campuses comprised of five acres or more.
      (2)   Approval. Accessory use medium and large-scale solar energy systems in all zoning districts shall be subject to the site capacity calculation/site plan review procedures of § 151.070. Site capacity/site plan review shall be conducted concurrently with any required conditional use permit review.
      (3)   Street setbacks. Accessory use ground-mounted solar energy systems located in residential zoning districts shall not be located between the principal building and any road right-of-way. In the case of an unimproved right-of-way, this provision may be modified by the Planning, Building and Development Department Director in consultation with the appropriate local roadway authority.
      (4)   Location. Accessory use ground-mounted solar energy systems must meet the setback requirements for an accessory structure in the underlying zoning district.
      (5)   Height. The total height shall not exceed ten feet, as measured from grade to the highest point of the solar arrays. In instances when greater height is deemed necessary to allow for maximum efficiency of the solar energy system, or when necessary to address site constraints such as topography, the Planning Director shall be authorized to allow a maximum height of 15 feet.
      (6)   Lot coverage. Ground-mounted solar panels are not subject to impervious surface ratio (ISR) calculations of §§ 151.125, 151.233(C)(1)(e), and 151.233(C)(2)(f).
      (7)   Site development permits. A site development permit may be required, per regulations set forth in § 151.145(B), depending on proposed foundation, footings, and/or site disturbance.
      (8)   Maximum area.
         (a)   Residential. Accessory use ground-mounted solar energy systems accessory to residential uses located in residential zoning districts shall not exceed 5% of the net buildable area of a lot, or 500 square feet, whichever is less.
         (b)   Nonresidential. There shall be no limit to the area or number solar panels in relation to a nonresidential development for those uses which meet the definition of accessory structure as defined in § 151.271.
      (9)   Concentrated solar technology. No solar energy system may utilize concentrated solar thermal technology in any zoning district.
   (V)   Non-customary recreational structures. Non-customary recreational structures include certain recreational structures which do not customarily occur as an accessory use in residential districts and which have aspects that are characteristic of public, commercial, or community facilities. Examples of non-customary recreational structures include but are not limited to skateboard/bike ramps, sports courts, and ice rinks.
      (1)   Zoning. Non-customary recreational structures shall be allowed as an accessory use in the following districts AG, E, and R-1, R-2, R-3, R-4, R-5, and R-6 zoning districts on lots with a minimum lot area of 40,000 square feet, provided all applicable standards are met. A delegated conditional use permit shall be required for lots with an area of less than 40,000 square feet.
      (2)   Setbacks. Non-customary recreational structures must meet principal structure setbacks required in the underlying zoning district. In addition to setback requirements for principal structures, non-customary recreational structures shall be located a minimum of 30 feet from any existing structures on any adjoining parcel, such as dwellings, nonresidential buildings, patios, porches, gazebos, decks, but not including swimming pools or storage structures such as garages or sheds. Given the unique impacts of non-customary recreational structures, setbacks and buffering may be modified on a site-specific basis. See subsection (V)(4) of this section.
      (3)   Noise. The noise level resulting from a non-customary recreational structure shall not exceed 60 decibels when measured from an adjoining property line.
      (4)   Buffering. Given the unique impacts of such structures on surrounding properties, non-customary recreational structures shall require landscape buffering and/or fencing to be determined on a site-specific basis.
      (5)   Hours of use. Hours of use shall be limited to 8:00 a.m. to 8:00 p.m. For those properties requiring a conditional use permit, hours of use will be determined as a condition of approval.
      (6)   Lighting. Lighting shall subject to the standards of § 151.168(A)(3) and the hours of operations of subsection (V)(5) above.
(Ord., § 6.4, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019)