Unless otherwise noted, the use standards of this section apply to respective use types whether they are allowed as permitted uses, conditional uses, or accessory uses.
(A) Adult-use cannabis facilities.
Preface. It is the purpose and intent of this section to provide zoning regulations of facilities that dispense, grow, process, infuse, cultivate and transport adult-use cannabis within unincorporated Lake County as allowed by the Cannabis Regulation and Tax Act, 410 ILCS 705 (Act). Certain provisions of the Act are referenced in the section as “Commentary”. This section is not intended to occupy any regulatory field over which the State of Illinois was granted jurisdiction under the Act and all facilities shall comply with the regulations provided in the Act. The Act may be amended from time-to-time, and regulations promulgated thereunder, and it is the intent of this section to be read in conjunction with any amendments to the Act and regulations promulgated. Pursuant to § 55-256 of the Act, any conflict between the Act and this section shall be resolved in favor of the Act. Approved business establishments shall not commence operations until an adult use license has been procured from the appropriate state authority per the Act.
(1) Adult-use cannabis dispensary.
(a) The use shall be subject to site capacity/site plan review procedures of § 151.070.
(b) Adult-use cannabis dispensaries proposed within certain zoning districts shall comply with the general development standards as specified within this code. These standards shall include separation from protected uses, setbacks, buffering, parking, signage, outdoor lighting, site layout, access, hours of operation, exterior displays, advertising, and security. Approval of site capacity/site plan review may be obtained concurrently at the time of any required conditional use permit.
(c) Applicant shall install building enhancements, such as security cameras, lighting, or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the dispensary. These improvements shall be determined based on the specific characteristics of the dispensary floor plan and the building site.
COMMENTARY: All dispensaries shall comply with the Cannabis Regulation and Tax Act (410 ILCS 705) and all rules and regulations adopted in accordance thereto. |
(d) Dimensional standards.
1. Minimum distance from protected uses. No adult-use cannabis dispensary shall be established, maintained, or operated on any lot that has a property line within 250 feet of the property line of a pre-existing forest preserve property or an area zoned for residential use; within 500 feet of the property line of a pre-existing daycare center, day care home, or residential care home, college, hospital, park, or library; or within 1,000 feet of a public or private nursery school, preschool, primary, or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. In all cases, the buffer shall be measured from the closest portion of the buffered property outside of areas considered unbuildable, practically inaccessible or otherwise unusable by occupants for the “sensitive use” due to the presence of protected natural resources such as wetlands, non-navigable water bodies, or other impassable/unbuildable natural features. For forest preserve property, the determination of applicable properties shall be made after consultation with forest preserve staff to account for current or future plans for improvements of structures within sensitive areas that would allow areas to be accessible or usable.
2. Measurement. For the purposes of the minimum distances section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which an applicable dispensary is located to the nearest point on any property line of any protected use.
3. Setbacks. Each adult-use cannabis dispensary shall be a minimum of 30 feet from its surrounding property lines.
4. Each dispensary shall be a minimum of 1,500 feet from all other dispensaries, as measured from the applicable property lines.
(e) Parking.
1. For purposes of determining required parking, dispensary applicants shall submit a parking plan for review and approval that includes estimates of parking demand based on the following:
A. Phase 1 Parking Plan. Denote adequate parking supply based on peak demand during initial opening (minimum three-month period).
B. Phase 2 Parking Plan. Denote adequate parking supply based on peak demand during normal operations commencing after the conclusion of Phase 1.
Peak demand shall be determined by analysis of reliable data collected from similar uses. The parking plan shall specifically address the unique operational needs of the business and include a parking narrative and traffic management plan that provides site-specific details addressing traffic circulation, stacking, queuing, etc.
2. Visibility and security. Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. It cannot be screened from the roadway with vegetation, fencing, or other obstructions. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensary staff and are continually recorded in a tamper-proof format.
(f) Exterior display. No dispensary shall be maintained or operated in a manner that causes, creates, or allows the public viewing of adult-use cannabis, adult-use cannabis infused products, or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights, or spotlights or any similar lighting system.
(g) Signage.
1. All commercial signage for a dispensary shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the dispensary address; such signs shall not be directly illuminated. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.
2. Electronic message boards and temporary signs are not permitted in connection with a dispensary.
COMMENTARY: Signage and advertising shall comply with the rules and regulations set forth in the Cannabis Regulation and Tax Act (410 ILCS 705), including the following: Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis. Advertising: No cannabis dispensary nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium: Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a childcare center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older; On or in a public transit vehicle or public transit shelter; On or in publicly owned or publicly operated property. |
COMMENTARY: AGE AND ACCESS LIMITATIONS: Each dispensary shall prohibit any person who is not at least twenty-one (21) years of age from entering the dispensary facility, except for cardholders granted medical access under the Compassionate Use of Medical Cannabis Act over 18 years of age. Dispensaries shall not employ anyone under the age of twenty-one (21). Access to the dispensary facility shall be limited exclusively to dispensary staff and those specifically authorized under the Cannabis Regulation and Tax Act (410 ILCS 705). |
(h) Operational standards.
1. A dispensary may operate between the hours of 6:00 a.m. to 10:00 p.m. local time.
2. At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall sell food for consumption on the premises. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
3. Dispensaries may not have a drive-through service.
(i) Security and video surveillance.
1. Each dispensary shall be an enclosed locked facility. Each dispensary shall provide and maintain adequate security on the entire property on which the dispensary exists, including lighting, video surveillance, security personnel, and alarms reasonably designed to ensure the safety of persons and to protect the site from theft.
2. The dispensary parking area, client entrance, sales area, back room, storage areas, delivery bay, and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper-proof format.
3. A sign shall be posted in a prominent location which includes the following language “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons”.
4. The Planning Building and Development Director shall review the adequacy of lighting, security, and video surveillance installations with assistance from local law enforcement officials. The Director has the discretion to conduct periodic review of security features as appropriate.
5. Each dispensary shall report all criminal activities occurring on the property to the applicable law enforcement agency immediately upon discovery.
6. Deliveries shall occur between 7:00 a.m. local time and 9:00 p.m. local time within a secure enclosed delivery bay and shall not be visible from the exterior of the facility.
COMMENTARY: Adult-use cannabis dispensary facilities shall comply with all applicable security-related standards set in the Cannabis Regulation and Tax Act (410 ILCS 705). |
(j) On-site consumption. On-site consumption of cannabis products shall be prohibited at retail tobacco stores, adult-use cannabis dispensaries, and on sites occupied by a dispensary or retail tobacco store.
COMMENTARY: A retail tobacco store is a retail establishment engaged in the sale of tobacco and other plants and products as defined in the Smoke Free Illinois Act (410 ILCS 82). |
(2) Adult-use cannabis craft grower, processing center, infuser, cultivation center.
(a) The use shall be subject to site capacity/site plan review procedures of § 151.070.
(b) Adult-use cannabis craft growers, processing centers, infusers, or cultivation centers (support organization) proposed within certain zoning districts shall comply with the general development standards as specified within this code. These standards shall include dimensional standards, parking, signage, access, security, and noxious odors. Approval of site capacity/site plan review may be obtained concurrently at the time of any required conditional use permit.
(c) For adult-use craft growers, processing centers, and infusers permitted by right within certain zoning districts:
1. The use shall require a public information meeting noticed in accordance with § 151.045(G)(2)(a).
2. Staff shall be authorized to impose additional reasonable conditions related to the construction, layout, or operation of the proposed use designed to provide additional mitigation of impacts to the surrounding land uses or area. Such conditions shall not be in conflict with state regulations or have the effect of practically preventing the establishment of the use at the proposed location.
COMMENTARY: Applicants are encouraged but not required to incorporate environmentally sustainable construction and site features including, but not limited to: carbon neutrality and alternative energy use, low impact development site and parking design, bird-safe building design, water savings, sustainable construction materials selection, and other environmentally sustainable features. |
COMMENTARY: Each support organization shall comply with the Cannabis Regulation and Tax Act (410 ILCS 705) and all rules and regulations adopted in accordance thereto. |
(d) Dimensional standards.
1. Minimum distance from protected uses. No support organizations shall be established, maintained, or operated on any lot that has a property line within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home, park (including forest preserve property), hospital, library, or an area zoned for residential use. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. In all cases, the buffer shall be measured from the closest portion of the buffered property outside of areas considered unbuildable, practically inaccessible or otherwise unusable by occupants for the “sensitive use” due to the presence of protected natural resources such as wetlands, non-navigable water bodies, or other impassable/unbuildable natural features. For forest preserve property, the determination of applicable properties shall be made after consultation with forest preserve staff to account for current or future plans for improvements of structures within sensitive areas that would allow areas to be accessible or usable.
2. Measurement. For the purposes of the minimum distance sections, distances shall be measured in a straight line, without regard to intervening structures or objects from the nearest point on the property line of the lot on which an applicable support organization is located to the nearest point on a property line of any protected use.
3. Setbacks. Each support organization shall be a minimum of 30 feet from its surrounding property lines.
(e) Parking.
1. Required spaces. For purposes of determining required parking, support organizations shall be classified as “manufacturing and production” which requires 2.5 off-street parking spaces per 1,000 square feet of floor area.
2. Visibility and security. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by support organization staff and are continually recorded in a tamper-proof format.
3. The electronic security system shall be available 24 hours per day, and seven days per week to the Department and law enforcement agencies via a secure web-based portal.
(f) Signage.
1. All commercial signage for support organizations shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the support organization address. Such signs shall not be directly illuminated.
2. Electronic message boards and temporary signs are not permitted in connection with a support organization.
COMMENTARY: All applicable advertising regulations set forth in the Cannabis Regulation and Tax Act (410 ILCS 705) shall apply, including the following: signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis. |
COMMENTARY: AGE AND ACCESS LIMITATIONS: Each support organization shall prohibit any person who is not at least twenty-one (21) years of age from entering the support organization property. Support organizations shall not employ anyone under the age twenty-one (21). Access to the support organization site shall be limited exclusively to support organization staff, local, and state officials and those specifically authorized under the Cannabis Regulation and Tax Act (410 ILCS 705). |
(g) Operational standards.
1. Infuser. At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
2. Processor. At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(h) Security and video surveillance.
1. All manufacturing, production, and related operations at a support organization shall occur in an enclosed locked facility. Each support organization shall provide and maintain adequate security on the entire site on which the support organization sits, including lighting, video surveillance, security personnel and alarms reasonably designed to ensure the safety of persons and to protect the site from theft. The facility shall be enclosed by high security fence or wall. The fence or wall must be adequately secure to prevent unauthorized entry and include gates tied into an access control system.
2. The support organization parking, cultivation and warehousing areas, shipping bays, and entrance shall be monitored by video surveillance equipment whose live images can be viewed by support organization staff and continually recorded in a tamper-proof format.
3. The electronic security system shall be available 24 hours per day, and seven days per week to the Department and law enforcement agencies via a secure web-based portal.
4. A sign shall be posted in a prominent location which includes the following language; “THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE”.
5. The Planning, Building and Development Director shall review the adequacy of lighting, security, and video surveillance installations with assistance from local law enforcement officials. The Director has the discretion to conduct periodic review of security features as appropriate.
6. Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the facility.
COMMENTARY: Adult-Use cannabis support facilities shall comply with all applicable security-related standards set in the Cannabis Regulation and Tax Act (410 ILCS 705). |
(i) Noxious odors. All support organizations shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.
(j) Conduct on site.
1. A support organization may not sell or distribute any cannabis to any individual or entity other than a dispensary organization registered under the Cannabis Regulation and Tax Act (410 ILCS 705).
2. It shall be prohibited to consume cannabis products in a support organization or anywhere on the site occupied by the support organization. A sign, at least 8.5 by 11 inches, shall be posted inside a support organization building in a conspicuous place visible to staff and shall include the following language: “Smoking, eating, drinking, or other forms of consumption of cannabis products is prohibited on support organization property”.
(3) Adult-use cannabis transporter.
(a) The use shall be subject to site capacity/site plan review procedures of § 151.070.
(b) Adult-use cannabis transporters proposed within certain zoning districts shall comply with the general development standards as specified within this code. These standards shall include dimensional standards, parking, signage, access, security, and noxious odors. Approval of site capacity/site plan review may be obtained concurrently at the time of any required conditional use permit.
COMMENTARY: Each transporter organization shall comply with the Cannabis Regulation and Tax Act (410 ILCS 705) and all rules and regulations adopted in accordance thereto. |
(c) Dimensional standards. Setbacks: Each transporter organization shall be a minimum of 30 feet from its surrounding property lines.
(d) Parking.
1. For purposes of determining required parking, transporter organizations shall be classified as “warehousing and freight movement” which requires one off-street parking space per employee.
2. Visibility and security. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by support organization staff and are continually recorded in a tamper-proof format.
3. The electronic security system shall be available 24 hours per day and seven days per week to the Department and law enforcement agencies via a secure web-based portal.
(e) Signage.
1. All commercial signage for transporter organizations shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the support organization address. Such signs shall not be directly illuminated.
2. Electronic message boards and temporary signs are not permitted in connection with a transporter organization.
COMMENTARY: All applicable advertising regulations set forth in the Cannabis Regulation and Tax Act (410 ILCS 705) shall apply, including the following: signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis. |
COMMENTARY: AGE AND ACCESS LIMITATIONS: Each transporter organization shall prohibit any person who is not at least twenty-one (21) years of age from entering the support organization property. Transporter organizations shall not employ anyone under the age twenty-one (21). Access to the transporter organization site shall be limited exclusively to support organization staff, local, and state officials and those specifically authorized under the Cannabis Regulation and Tax Act (410 ILCS 705). |
(f) Security and video surveillance.
1. All operations at a transporter organization shall occur in an enclosed locked facility. Each transporter organization shall provide and maintain adequate security on the entire site on which the support organization sits, including lighting, video surveillance, security personnel and alarms reasonably designed to ensure the safety of persons and to protect the site from theft. The facility shall be enclosed by high security fence or wall. The fence or wall must be adequately secure to prevent unauthorized entry and include gates tied into an access control system.
2. The transporter organization parking and warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by support organization staff and continually recorded in a tamper-proof format.
3. The electronic security system shall be available 24 hours per day, and seven days per week to the Department and law enforcement agencies via a secure web-based portal.
4. A sign shall be posted in a prominent location which includes the following language: “THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE”.
5. The Planning, Building and Development Director shall review the adequacy of lighting, security, and video surveillance installations with assistance from local law enforcement officials. The Director has the discretion to conduct periodic review of security features as appropriate.
6. Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the facility.
COMMENTARY: Adult-Use cannabis transporter facilities shall comply with all applicable security-related standards set in the Cannabis Regulation and Tax Act (410 ILCS 705). |
(g) Noxious odors. All transporter organizations shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.
(h) Conduct on site.
1. A transporter organization may not sell or distribute any cannabis to any individual or entity other than a dispensary organization registered under the Cannabis Regulation and Tax Act (410 ILCS 705).
2. It shall be prohibited to consume cannabis products in a transporter organization or anywhere on the site occupied by the support organization. A sign, at least 8.5 by 11 inches, shall be posted inside a support organization building in a conspicuous place visible to staff and shall include the following language: “Smoking, eating, drinking, or other forms of consumption of cannabis products is prohibited on support organization property”.
(B) Adult entertainment establishment (retail sales and service, entertainment-oriented use category).
(1) Minimum distance from other adult entertainment establishments. No adult entertainment establishment shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other adult entertainment establishment is established, maintained, or operated.
(2) Minimum distance from protected uses. No adult entertainment establishment shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a protected use is established, maintained, or operated.
(3) Minimum distance from residential property. No adult entertainment establishment shall be located, established, maintained, or operated on any lot that has a property line within 250 feet of the property line of any residential property.
(4) Measurement. For the purposes of this subsection (B), distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment establishment is located to the nearest point on any property line of a residential property or any lot on which a protected use or other adult entertainment establishment is located, as the case may be.
(5) Limited exception for subsequent protected uses and residential property. An adult entertainment establishment lawfully operating under this chapter and under the Lake County Adult Entertainment Establishment Licensing Ordinance (see Chapter 113) shall not be deemed to be in violation of the location restrictions set forth in this subsection (B) solely because a protected use subsequently locates within the minimum required distance of the adult entertainment establishment, or when any other lot or tract within the required minimum distance of the adult entertainment establishment subsequently becomes residential property. This subsection (B)(5) shall not apply to an adult entertainment establishment at a time when an application for an “adult entertainment license” under the Adult Entertainment Establishment Licensing Ordinance for that establishment is submitted after the license has previously expired, has been revoked, or is at that time under suspension.
(C) Agricultural supplier storage and service center (agriculture use category).
(1) The use 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.
(2) The site shall have a minimum area of 200,000 square feet and a minimum lot width of 300 feet.
(3) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(4) All buildings shall be set back at least 30 feet from all lot lines.
(5) All permanent bulk storage tanks shall be set back at least 150 feet from any street or adjoining property line.
(6) All trucks, tractors, portable storage tanks, and trailored or motorized agricultural implements shall be screened from view of adjacent streets and residential zoning districts.
(7) The conditional use permit shall establish reasonable standards to prevent contamination of water resources due to spillage or leakage of chemicals, fuels, and other products that are stored on-site. The conditional use permit process shall also consider the possibility of accidental explosion in establishing the standards.
(8) Sales shall be primarily to serve the agricultural community.
(D) Agriculture (agriculture use category).
(1) Exempt uses. Uses that qualify for an agricultural exemption under state statutes shall be subject to the standards of this subsection (D).
(a) A site plan shall be submitted at the time of application showing existing and proposed structures and uses.
(b) The minimum lot area shall be 200,000 square feet.
(c) Minimum setbacks shall be as follows:
Street: | 30 feet |
Side: | 30 feet |
Rear: | 50 feet |
COMMENTARY: Notwithstanding the setback requirements contained in subsection (D)(1)(c), pastures enclosing an undivided area of at least 40,000 square feet may extend to the lot line. All other fenced enclosures must meet the setbacks provided in this subsection (D)(1)(c). On parcels eligible for the statutory agricultural exemption there shall be no limit under this chapter on the number of farm animals. |
(2) Non-exempt uses. Uses that do not qualify for an agricultural exemption under state statutes shall be subject to the standards of this subsection (D)(2).
(a) Non-exempt agricultural uses may 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.
(b) Minimum setbacks shall be as follows:
Street: | 30 feet |
Side: | 30 feet |
Rear: | 50 feet |
(c) No farm animals, other than equine or chickens or beekeeping as an accessory use to a principal agricultural use, shall be kept on zoning lots of less than 200,000 square feet in area.
(d) Standards for non-exempt apiaries shall be subject to conditions provided in § 151.113(R).
(E) Airport/heliport (aviation and surface transportation use categories).
(1) The use may 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.
(2) Documentation shall be submitted showing that the site complies with all applicable state and federal requirements.
(3) Setbacks, landscaping and fencing appropriate to the specific nature of the use proposed shall be established during the conditional use permit review process.
(4) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(5) All areas proposed for active use, including fuel storage areas, shall be fenced.
(6) Takeoff and landing facilities shall be located so as to minimize the impact on existing and proposed residential areas.
(F) Amusement park (recreation and entertainment, outdoor use category).
(1) The use 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.
(2) The minimum site area shall be 200,000 square feet.
(3) The site shall be located and designed to minimize adverse impacts on adjacent uses.
(4) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(G) Assisted living (assisted living use category).
(1) Assisted living may or may not include 24-hour caregivers onsite.
(2) Assisted living uses may 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) The assisted living structure shall contain a common food preparation area and may contain individual kitchenettes for occupants.
(H) Asphalt, concrete, redi-mix, rock and concrete crushing plants (manufacturing and production use category).
(1) The use 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.
(2) The site shall be a minimum of 200,000 square feet in size.
(3) The times of operation may be specified as part of the conditional use permit.
(4) All internal roads shall be maintained in a dust-free condition. The main road from which access is taken shall always be kept free of dust, dirt, mud and other debris. The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 50 feet from the right-of-way of the public road from which access is taken. Provisions shall also be made to remove dust, dirt, mud, or other debris from the vehicles before they leave the site.
(5) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(6) All activity areas, including driveways and on-site roads, shall be set back at least 1,000 feet from any residential zoning district or lot containing a residential use.
(I) Attached dwellings (household living use category).
(1) Attached dwelling units shall be subordinate in area to the principal (nonresidential) use occupying the same building.
(2) The following minimum gross site area shall be required:
(a) Eight thousand, five hundred square feet for the first dwelling unit;
(b) Plus 5,000 square feet for the second dwelling unit; and
(c) Plus 3,000 square feet for each additional dwelling unit.
(3) In calculating minimum site area requirements, the entire base site area of the parcel may be counted, including land area devoted to the principal nonresidential use.
(J) Cabins and cottages (household living use category).
(1) The minimum lot area and lot width standards for cabins and cottages shall be as follows:
Cabin or Cottage | Minimum Lot Area (Sq. Ft.) |
First unit | 8,500 |
Second unit | 5,000 |
Each additional unit | 3,000 |
(2) An individual cabin or cottage shall not exceed 1,000 square feet (gross floor area).
(K) Camps (recreation and entertainment, outdoor).
(1) The use 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.
(2) The minimum site area shall be 400,000 square feet.
(3) The petitioner shall submit a detailed narrative description of the proposed camp. This narrative shall include a description of the number of camp sites proposed, the type of recreational facilities proposed and the months and hours of operation. The conditional use permit may impose conditions on the layout and design of the camp, the type of recreational facilities proposed and the hours of operation.
(4) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(5) Caretaker’s residences may be allowed as accessory uses. The number of caretaker’s residences shall be established as part of the conditional use permit.
(6) In districts where camps are permitted by right, no more than one caretaker’s residence shall be allowed.
(L) Cemetery (parks and open space use category).
(1) The use 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.
(2) No landscaping shall be required for a cemetery use.
(3) The site proposed for a cemetery shall not interfere with the development of a public infrastructure system, including streets, sewers, and other utilities.
(4) Any new cemetery shall be located on a site containing at least 200,000 square feet.
(5) All buildings shall be set back at least 30 feet from any property line. The buildings shall be used for cemetery purposes only, including but not by way of limitation, offices, memorial chapels, mausoleums, vaults, columbaria, crematoria, and any other structures as may be necessary for the preparation, presentation, interment, and cremation of human remains and the maintenance of the cemetery.
(6) Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently covered by a conditional use permit. Any expansion to land not covered by the existing conditional use permits must comply with the requirements of this subsection (L), except that existing cemeteries shall be permitted to expand to whatever extent additional area is available to them without regard to the minimum size requirement for a new cemetery.
(7) A permit may be issued for a pet cemetery without a conditional use permit if the site has a minimum area of 40,000 square feet, individual lots are not sold, and there are no provisions for perpetual care.
(M) Casino/commercial watercraft (retail sales and service, entertainment-oriented use category).
(1) The use may 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.
(2) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(3) Documentation shall be submitted detailing the length, width, draft and height above the waterline of the proposed watercraft. The maximum patron capacity and the maximum number of crew members (employees) at the largest shift shall also be provided. The petitioner shall also provide photographs, artist’s renderings or other visual documents portraying the proposed watercraft. The County Board may limit in the conditional use permit the size, capacity and appearance of the proposed watercraft.
(4) Documentation shall be submitted detailing the proposed principal use of the watercraft as well as all other proposed onboard and onshore accessory uses. The petitioner shall also document the expected time, length, course, and alternate ports of call of all expected normal cruise operations, if any. The petitioner shall also provide photographs, artist’s renderings, site plans or other visual documents portraying the proposed location and design of all docks, piers, structures, driveways, parking areas and their relationship to the proposed watercraft. The County Board may impose in the conditional use permit conditions on operating hours, the type and number of accessory uses, and the location and design of proposed site improvements.
(5) Commercial watercraft shall comply with the following regulatory floodplain, wetland, and buffer standards.
(a) All regulatory floodplain development shall comply with the regulatory floodplain development standard of § 151.148(B).
(b) If development is proposed in or adjacent to a wetland, U.S. Army Corps of Engineers approval shall be required.
(c) All development within the otherwise protected buffer area shall be designed and constructed in such a way to protect the water quality of the adjoining public body of water.
(6) The County Board shall establish the maximum permissible impervious surface ratio and floor area factor for casino/commercial watercraft as a part of the conditional use permit.
(7) Each bus parking space provided shall be considered four automobile parking spaces for the purpose of determining the parking lot landscape plant material requirements.
(8) No landscaping shall be required along that portion of the onshore property adjacent to the public body of water, unless otherwise required as a condition of the conditional use permit.
(N) Construction and demolition recycling facilities. The following standards shall apply to recycling facilities which will exclusively accept general construction or demolition debris:
(1) The site shall contain a minimum of 200,000 square feet.
(2) The use shall be subject to the site capacity calculations/site plan review procedures of § 151.070. Site capacity/site plan review shall be conducted concurrently with the required conditional use permit review. The site plan shall include, at a minimum, a legal description of the subject property; access/egress point(s); parking areas; any buildings, structures or fixed equipment; the extent of paved or impervious surfaces; material tipping/receiving areas; material processing areas; areas of proposed material stockpiling (by material type); material loading areas; and fencing, berm or screening features.
(3) The application for a conditional use permit shall be accompanied by:
(a) An architectural drawing depicting building and structure elevations and descriptions of such buildings and structures necessary to convey the architectural appearance and physical magnitude of the proposed improvements;
(b) A narrative description of the activities proposed to be conducted indoors or under cover within the facility boundaries; and
(c) A narrative description of other proposed uses (such as, but not limited to truck storage, maintenance, fueling, and container storage) and a demonstration that other such uses can be conducted in a safe and unobtrusive manner without interference with safe recycling activities on the site.
(4) The conditional use permit shall be effectuated upon receipt of a permit from the Illinois Environmental Protection Agency in accordance with § 22.38 of the Illinois Environmental Protection Act. It shall be a condition of the conditional use permit that the facility continue to operate in accordance with § 22.38 of the Illinois Environmental Protection Act and all other applicable permits. Enforcement of this provision shall be subject to the revocation procedures of § 151.253(E).
(5) The facility shall be located at least 500 feet from any residential zoning district unless otherwise specified by the conditional use permit.
COMMENTARY: For purposes of subsection (N)(5), considerations for modifying the locational standard may include the separation of the residentially zoned property from the proposed site by a designated truck route, active rail line, high voltage power transmission easement or other clearly demarcated land-use planning transition boundary. |
(6) The general construction or demolition debris receiving/tipping areas shall be constructed of a low permeability material (e.g., Portland cement concrete, asphalt concrete) such that it prevents infiltration and is able to withstand anticipated loads.
(7) he facility shall be equipped with a fence no less than eight feet in height located to secure the operating areas of the facility during non-operating hours as well as assist in minimizing the potential for litter to leave the facility.
(8) If the applicant and the Solid Waste Agency of Lake County or the County of Lake have previously entered into a host agreement(s) for the proposed construction and demolition recycling facility, the terms and conditions of such host agreement shall be incorporated as conditions of the conditional use permit and may be enforced by any party of the host agreement(s).
(9) Operating standards. The applicant shall provide an operating plan. The operating plan shall, at a minimum, contain the following information:
(a) Number of employees anticipated at the facility;
(b) Proposed hours of operations for receipt of general construction or demolition debris and for processing and shipment of general construction or demolition debris;
(c) Proposed daily average/maximum volume (in tons) of general construction or demolition debris to be received at the facility;
(d) Identification of the maximum number of vehicles (by vehicle type) proposed to utilize the facility on a daily basis;
(e) Description of any processing equipment (i.e., grinders/shredders/balers) proposed to be utilized to prepare the recyclable general construction or demolition debris for stockpiling or shipment and the location and design of any noise-buffering elements, sheltering and operating controls to minimize noise impacts;
(f) Description of operating methods employed to control odor, accidental combustion of materials, vectors, dust, and litter;
(g) Description of the method and equipment utilized to load recyclable and non-recyclable general construction or demolition for shipment from the facility; and
(h) Specification of typical and maximum anticipated height of stockpiled recyclable construction or demolition debris for each recyclable material by type. Identification of the buffering and/or screening measures employed to minimize the visual impact of the proposed stockpiles from surrounding land uses.
COMMENTARY: Noise standards shall be specified as part of the conditional use permit. |
(O) Consumer vehicle sales (retail sales and service, sales-oriented use category), commercial parking lots and recreational vehicle sales/rental. All parked, displayed, or stored vehicles shall be set back at least five feet from the right-of-way and all property lines. Concrete wheel stops or other permanent barriers shall be installed to prevent vehicles from encroaching on required setbacks. In lieu of providing side and rear setbacks, landowners of adjoining properties shall be entitled to enter into an agreement that provides for a waiver or partial waiver of the requirements. The agreement shall be in the form of a covenant or deed restriction and shall require approval of the Planning, Building and Development Director. Once approved, the agreement shall be recorded by the Lake County Recorder of Deeds and shall run with the land.
(P) Crematorium (retail sales and service, personal service-oriented). Crematoria shall also be allowed as an accessory use to a cemetery. See subsection (L) of this section.
(Q) Day care facilities (day care use category). The standards of this subsection (Q) apply to day care facilities for more than seven people.
(1) The use may be subject to the site capacity calculation/site plan review procedures of § 151.070. Site capacity/site plan review shall concurrent with required conditional use permit review.
(2) All day care facilities shall comply with all applicable state requirements for the location of the facilities and the minimum square feet of safe, outdoor recreation area, and usable floor area for every person that the day care facility is licensed to accommodate.
(3) Applications for permission to construct or operate a day care facility for children shall be accompanied by copies of all valid permits required by this state and any other applicable county or federal agency. If the permits cannot be obtained prior to the time of application, the application must be accompanied by a report from the applicable licensing agency stating the licensing requirements and an explanation of how the applicant intends to meet these requirements.
(4) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(5) Day care shall be a permitted use in the AG District only when operated in conjunction with a religious institution use that is located on the same zoning lot.
(R) Dredging material stockpiling and processing (warehousing and freight movement).
(1) Dimensions. All sites located in residential, AG and OS Zones shall have a minimum area of 200,000 square feet. However, staff may recommend the approval of a smaller site, if exceptional site characteristics and/or application conditions would mitigate any adverse impacts on the surrounding area, as part of the conditional use permit (CUP) process.
(2) Site plan review. The use shall be subject to the site capacity calculation/site plan review procedures of UDO Subchapter: Site Capacity, Site Plan Review and Natural Resource Protection (§ 151.070). Site capacity/site plan review shall be conducted concurrently with any required conditional use permit review. The site plan shall include:
(a) Access/egress point(s); parking areas.
(b) Any buildings, structures or fixed equipment.
(c) The extent of paved or impervious surfaces.
(d) Material tipping/receiving areas, material processing areas, areas of proposed material stockpiling and material loading areas.
(e) Fencing, berm or screening features.
(f) A site restoration plan.
(g) Any phasing of activity and associated restoration plans.
(3) Access.
(a) For properties without an approved access location, evidence that an access permit can be obtained, for the proposed use, from the highway authority or having jurisdiction. For properties with a previously approved access location, evidence from the highway authority having jurisdiction that the existing access point is sufficient to serve the proposed use; if the existing access is insufficient to handle weight or traffic volumes generated by the proposed use, evidence that a new access permit can be obtained, for the proposed use, from the highway authority having jurisdiction.
(b) For properties with an access location onto a private road, evidence that permission can be obtained, for the proposed use from: 1) homeowners’ association having responsibility for maintenance of the private road, or 2) a majority of the property owners fronting the access road in the absence of an active association. Applicants must also show that they have or can obtain access permits from the highway authority which has jurisdiction over the road onto which the private road terminates, as outlined in the preceding paragraph.
(4) Permission to use the property. The application must include a signed, written permission from the owner of or the agency having jurisdiction over the subject property or properties.
(5) Operating standards. The applicant shall provide an operating plan. The operating plan shall, at a minimum, contain the following information:
(a) Number of employees anticipated at the facility.
(b) Proposed hours of operations for receipt of material and for processing and shipment of material.
(c) Proposed daily average/maximum volume (in tons) of material to be received at the facility.
(d) Identification of the maximum number of vehicles (by vehicle type) proposed to utilize the facility on a daily basis.
(e) Description of any processing equipment proposed to be utilized to prepare the material for stockpiling or shipment and the location and design of any noise-buffering elements, sheltering and operating controls to minimize noise impacts.
(f) Description of operating methods employed to control odor, accidental combustion of material, disease vectors, dust, and litter.
(g) Description of the method and equipment utilized to load recyclable and non-recyclable general construction or demolition material for shipment from the facility.
(h) Specification of typical and maximum anticipated height of stockpiled dredging material and debris. Identification of the buffering and/or screening measures employed to minimize the visual impact of the proposed stockpiles from surrounding land uses.
(6) Other conditions. The conditional use permit may establish, as necessary, reasonable conditions that regulate activity on the site including but not limited to:
(a) Hours and days of operation.
(b) Vehicle trips generated per day.
(c) Noise and dust emissions.
(S) Drive-in theater, amphitheater, sports arena (entertainment event, major).
(1) The use 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.
(2) The site shall contain at least 200,000 square feet.
(3) All structures, viewing (parking) areas, and seating areas shall be set back at least 100 feet from any street or boundary line.
(4) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(5) The following accessory uses may be permitted as incidental to, and limited to patrons of, the principal use:
(a) Playground;
(b) Refreshment/souvenir stands or booths; and
(c) Offices.
(6) For any drive-in theater:
(a) The theater screen shall not be visible from any collector street, arterial street, or freeway within 1,200 feet;
(b) The viewing (parking) area shall be screened in such a manner that it cannot be observed from outside the property; and
(c) Off-street space for automobiles of patrons awaiting admission to the theater shall be equal to, at a minimum, 15% of the capacity of the viewing area. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic.
(T) Ecotherapy Facilities.
(1) The use 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.
(2) The minimum site area shall be 200,000 square feet.
(3) The petitioner shall submit a detailed written narrative describing the proposed use. This narrative shall, at a minimum, describe the types of facilities and services proposed and the days and hours of operation.
(4) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(5) A caretaker’s residence may be allowed as an accessory use.
(U) Entertainment-oriented animal exhibition facility (recreation and entertainment, outdoor use category).
(1) This use category shall not include temporary animal shows for wildlife education or agricultural purposes, which are separately addressed in § 151.114 of this Code.
(2) The use 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) The site shall have a minimum area of at least ten acres.
(4) The exhibition area and all building, viewing areas, seating areas, and structures for housing animals shall be located no closer than 250 feet from any public road right-of-way or site boundary line.
(5) If night exhibitions are to be conducted, all parking areas and access ways shall be adequately lighted; provided that this lighting, as well as lighting for the exhibition area, shall be shielded to prevent light and glare spillover to adjacent residential properties.
(6) All facilities for housing and maintaining animals shall comply with the following requirements:
(a) Applicable Lake County Health Department, state, and federal regulations. State and federal wildlife permits shall be also be obtained as required by law.
(b) A 100-foot wide area of vegetation cover, exclusive of pasture area, shall be maintained between any corral, unvegetated exercise area, manure pile, or application area and any surface water or well, in order to minimize runoff, prevent erosion, and promote quick nitrogen absorption.
(7) All facilities for housing and maintaining animals shall meet the conditions specified in the conditional use permit.
(8) The following accessory uses may be permitted as incidental to and limited to patrons of the principal use:
(a) Refreshment stands or booths;
(b) Souvenir stands or booths;
(c) Restaurants or lounges;
(d) Playgrounds and day care facilities; and
(e) Any other customary and incidental uses which may be deemed appropriate by the County Board.
(V) Electrical generation plants (private) (major utility use category). The following standards shall apply to all private electrical generation facilities with power generation potential of 30 megawatts or more:
(1) Petitioner shall submit a site plan prepared and certified by a registered surveyor licensed in this state that complies with the site plan review submission requirements of this chapter.
(2) The facility’s operational area shall be located at least 1,000 feet from all parcel boundary lines that adjoin any zoning district other than Limited Industrial (LI) or Intensive Industrial (II). The term "operational area" shall mean all electrical generation equipment, cooling equipment, exhaust or venting equipment, and any structures housing the equipment.
(3) Fencing shall be provided around the boundary of the property to prevent unauthorized access.
(4) All current state and federal permits, waivers of permits, licenses, and certificates of insurance shall be on file with the Planning, Building and Development Department throughout the life of the conditional use.
(5) All equipment on the subject property shall operate in accordance with the Illinois Environmental Protection Agency’s Class “C” nighttime noise regulations (Title 35 Ill. Adm. Code Subtitle H, Chapter I) throughout the life of the conditional use permit, as measured at the boundaries of the nearest property zoned for residential purposes.
(6) The conditional use permit shall establish reasonable standards to prevent contamination of water resources due to spillage or leakage of chemicals, fuels, and other products that are stored on-site. The conditional use permit process shall also consider the possibility of accidental explosion in establishing the standards.
(7) Any increase in the schedule, intensity, or energy output of operations, as established under the original conditional use permit, shall require an amendment to the conditional use permit.
(8) If all operations at the facility cease for a period of 24 consecutive months, removal of all equipment, structures, foundations, tanks, towers, and fences shall be completed within the next 12 calendar months; the site shall be returned to its previous landscape by that time. A bond or letter of credit in the amount of 150% of an independent engineer’s estimate of site cleanup (removal of structures, foundations, tanks, towers, and fences) shall be submitted to the Planning, Building and Development Department prior to the issuance of a building permit.
(9) All electrical generation plants shall employ best available control technology, as specified by the Illinois Environmental Protection Agency.
(W) Forestry (agriculture use category). The clearing of young or mature woodlands in any zoning district shall only be allowed pursuant to a conditional use permit, except that no such permit is required for the following: authorized clearing of trees in accordance with plans approved pursuant to § 151.071(I); removal of dead or diseased trees or noxious non-native species; and the removal of trees on parcels less than 40,000 square feet in size. The following standards shall be considered the minimum requirements governing the issuance of any conditional use permit for forestry uses.
(1) The forestry activities shall be necessary for the reasonable use of the subject property.
(2) Potential soil erosion shall be addressed with appropriate soil stabilization techniques.
(3) A reforestation plan, if applicable, shall be submitted detailing the types and numbers of trees and the schedule of plantings.
(X) Golf course (parks and open space use category).
(1) A golf course may include swimming pools, snack shops, or refreshment stands on the course and a club house that may contain dining/banquet facilities, locker room and shower facilities, a pro shop, and a lounge. It may also include a golf practice range as accessory to the golf course, provided that it is an integral part of the golf course, is not lighted or operated other than daylight hours, and is not operated at hours other than those during which the golf course is open for play. These lighting regulations and operating hour restrictions shall apply only when the facility is located in or adjacent to a residential zoning district.
(2) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(Y) Golf driving range (recreation and entertainment, outdoor use category).
(1) The use may be subject to the site capacity calculation/site plan review procedures of § 151.070. In addition to information otherwise required, the site plan shall show the layout of the property with all tee boxes, putting greens, sand traps, lights, structures, parking areas, fencing, and plant materials.
(2) The site shall be configured to permit a minimum driving distance of 300 yards from each proposed tee, exclusive of the required landscape area.
(3) No tee shall be located closer than 50 feet from any adjoining property.
(4) The site shall comply with the landscaping standards of § 151.167.
(5) Lighting shall comply with § 151.168 in order to minimize glare and reflection onto neighboring properties and public streets.
(6) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(Z) Greenhouse/nursery center, retail (retail sales/service, sales-oriented use category). The standards of this subsection (Z) apply in the AG District.
(1) The use 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.
(2) The site shall have a minimum area of at least 200,000 square feet.
(3) Permitted activities may include the off-site delivery of plant materials and the use and storage of all vehicles, equipment, and crew necessary for those activities. However, off-site maintenance of plant materials and planting shall constitute landscape contracting, shall require a conditional use permit and shall be subject to the use standards for a landscape contractor’s storage yard.
(4) The majority of plants offered for sale shall have been grown on-site.
(AA) Government use. The standards of this subsection shall apply when a government use is located within a platted residential subdivision and takes direct access exclusively to a local road:
(1) Operational requirement. Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.; any assembly occurring outside these established hours of operation shall require a temporary use permit in accordance with § 151.114(K). A maximum of 15 such events per calendar year (per zoning lot) shall be permitted. Requests for modifications or waivers from the limits of this subsection shall require review and approval in accordance with the delegated conditional use permit procedures of § 151.050. This operational requirement shall not apply to the following activities: ancillary activities unrelated to the core service functions of the government institution, involving, in the aggregate, only a fraction of the assembly space.
(2) Classification. A school, day care, or camp associated with the use shall be classified as a separate principal use.
(BB) Group living (group living use category). Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of “household living”. Examples include dormitories, fraternities, sororities, monasteries, and convents.
(1) The use shall be subject to the site capacity calculation/site plan review procedures of § 151.070.
(2) Tenancy shall be arranged on a monthly or longer basis.
(3) The residents may receive care, training, or treatment, and caregivers may reside at the site.
(4) The following shall not be considered group living:
(a) Lodging where tenancy may be arranged for periods of less than 30 days is to be considered a hotel or motel use and classified in the retail sales and service category; and
(b) Lodging where the residents meet the definition of “household” and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as household living.
(CC) Industrial uses (industrial use category). The use standards of this subsection (CC) apply to all industrial uses that require permits from the Illinois Environmental Protection Agency.
(1) Current state and federal permits, waivers of permits, licenses, and certificates of insurance shall be on file with the Planning, Building and Development Department throughout the life of the conditional use permit.
(2) All equipment on the subject property shall operate in accordance with the Illinois Environmental Protection Agency’s nighttime noise regulations (Title 35 Ill. Adm. Code Subtitle H, Chapter I). Compliance with these noise standards shall be measured at the boundary of the subject property.
(DD) Junk yards (industrial use category).
(1) The use shall be subject to the site capacity calculation/site plan review procedures of § 151.070.
(2) The site shall have a minimum area of at least 200,000 square feet of area.
(3) The landscaping surrounding all outdoor storage areas shall include a solid fence at least six feet, but no more than eight feet in height. Storage between the street and the fence or screen, or above the height of the fence or screen, is expressly prohibited.
(4) All gasoline, motor oils, brake and transmission fluids, antifreeze, hydraulic fluids, battery acids, and other fluids shall be removed immediately from all salvaged vehicles. The fluids shall be stored and disposed of in such a manner to avoid soil and environmental contamination of the subject site and prevent contamination of surrounding properties and waterways.
(5) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(EE) Kennels, animal shelters, and dog obedience schools (retail sales and service, personal service-oriented use category).
(1) General standards. The following standards shall apply to all indoor and outdoor kennels.
(a) The use 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. In addition to information otherwise required, the site plan shall show all fencing, berming, and building material soundproofing designed to mitigate the noise impact of the proposed use on the surrounding properties.
(b) Kennels shall be permitted only on parcels having an area of at least 200,000 square feet in the Agriculture (AG) zoning district and 80,000 square feet in the permitted nonresidential zoning districts.
(c) The preceding lot area requirement shall not apply to kennels consisting exclusively of the boarding of domesticated felines.
(d) State license shall be prominently displayed.
(2) Kennels with outdoor runs. The following standards shall apply to all kennels with outdoor runs.
(a) Kennels with outdoor runs shall require a conditional use permit. Landscaping, fencing and berming requirements for kennels with outdoor runs shall be established as part of the conditional use permit process.
(b) All points on the perimeter of any kennel structure shall be at least 150 feet from all residential zoning districts.
(c) Operational requirements: outdoor exercise areas, runs, or yards shall be restricted to use during daylight hours, with the exception of necessary supervised dog-walking.
(FF) Landscape contractor’s storage yard (industrial sales and service use category).
(1) The following standards apply in the AG District.
(a) The use 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.
(b) The site shall have a minimum area of at least 200,000 square feet.
(c) Reserved.
(d) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(e) No more than 20% of the site may be used for exposed landscape material, outdoor equipment storage and landscape-related bulk material storage.
(f) Equipment, parking facilities, and bulk material storage areas shall be screened from adjoining properties as established in the conditional use permit. Bulk material storage shall not exceed ten feet in height or a height established by the conditional use permit.
(g) No open burning shall be permitted on-site.
(h) Landscaping need only be provided for the portion of the site that is not planted and maintained in nursery stock.
(i) Landscape waste composting, wood-chipping, mulching and grinding activity, and wholesale sales of landscape-related bulk materials shall be allowed as an accessory use only if expressly approved as part of the conditional use permit application. Noise abatement measures for any permitted mulching, chipping, or grinding activity shall be addressed as part of the conditional use permit. Snow removal operations, including the storage of plow blades, shall be allowed as an accessory use.
(j) The main road from which access is taken shall always be kept free of dust, dirt, mud, and other debris.
(2) The following standards apply in the GC District.
(a) Equipment, parking facilities, and bulk material storage areas shall be screened from adjoining properties as established in the conditional use permit. Bulk material storage shall not exceed ten feet in height or a height established by the conditional use permit.
(b) Landscape waste composting, wood-chipping, mulching and grinding activity, and wholesale sales of landscape-related bulk materials shall be allowed as an accessory use only if expressly approved as part of the conditional use permit application. Noise abatement measures for any permitted mulching, chipping, or grinding activity shall be addressed as part of the conditional use permit.
(GG) Landscape waste composting facilities (waste-related use category). The standards of this subsection (GG) shall apply to landscape waste composting facilities that are principal uses.
(1) The use 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.
(2) A conditional use permit shall not be required for a landscape waste composting facility that meets the following standards:
(a) The facility complies with state standards under the Illinois Environmental Protection Act for site location and operation;
(b) The facility is located on a farm that produces manure as a byproduct of its principal business;
(c) The compost produced from the facility contains a minimum of 5% animal manure that is produced on the farm;
(d) The farm associated with the facility contains at least 500 acres and grows a majority of the feed used in its operation; and
(e) The facility is located at least one-eighth mile from the nearest public road or non-farm residence.
(3) All new landscape waste composting sites shall be located on a site with a minimum area of at least 400,000 square feet.
(4) The location of the portion of the site where active biological decomposition of the landscape waste is taking place shall be located a minimum of 500 feet from any existing residence, school, park, or playground and shall be set back no less than 200 feet from any property line.
(5) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(6) Operational personnel shall be present on site during all hours which the facility is open for the receipt of landscape waste.
(7) Limits on the days and hours during which landscape waste may be accepted and processed may be imposed as part of the conditional use permit review process.
(8) A gate shall be constructed to bar access to the site by vehicles during the hours that the facility is closed for the receipt of landscape waste. This gate shall be locked during all non-receiving hours.
(9) Conditions may be imposed requiring that soil samples be taken prior to the commencement of operations at the site to establish a base line for future monitoring. The conditions may specify the timing and frequency of the soil samples.
(10) Conditions may be imposed requiring that surface waters leaving the site be tested prior to the beginning of composting operations for quantities and concentrations of heavy metals, organic compounds, solvents, fertilizers, and other potentially harmful substances.
(11) Conditions may be imposed limiting the volume of landscape waste accepted daily.
(12) Conditions may be imposed requiring fencing of a certain type and height in certain locations.
(13) Adequate provision shall be made for the disposal of all composted material.
(14) The operation of a landscape waste composting facility shall not be permitted unless all permits required by the Illinois Environmental Protection Agency have been obtained.
(15) The main road from which access is taken shall always be kept free of dust, dirt, mud, and other debris.
(HH) Landscape waste transfer station (waste-related use category).
(1) The use shall be subject to the site capacity calculations/site plan review procedures of § 151.070.
(2) The site shall contain a minimum of 200,000 square feet.
(3) All structures, activities, and storage areas shall be set back a minimum of 30 feet from all property lines.
(4) Landscaping and fencing requirements shall be established as part of the conditional use permit.
(II) Local food garden (agriculture use category). The standards of this subsection (II) shall apply to local food gardens that are principal uses.
(1) Operations and maintenance.
(a) The operation and maintenance of local food gardens shall be allowed only during daylight hours.
(b) Regular weeding and maintenance shall be required to maintain a property free from grass and/or weed growth in excess of ten inches.
(c) If a cover crop or mulch is not used during end of season maintenance, all annual plants shall be cropped to a height of not more than ten inches and waste material must be discarded at the end of the growing season.
(d) Any composting areas shall be located on the same parcel as the permitted local food garden, all composted materials must be produced on site, no compost pile shall exceed four feet in height, and no single compost pile can be in excess of 100 square feet in area. All compost piles shall be fenced with a six foot solid fence, and be setback a minimum of 30 feet from any existing structure on any adjoining parcel, not including storage structures such as garages or sheds.
(e) Local food gardens must be maintained as to remain free from undue accumulated waste, such as to cause odors reasonably detectable on adjacent properties.
(2) Accessory structures.
(a) Sheds not to exceed 250 square feet in area shall be permitted to serve local food gardens and shall only contain tools and materials to cultivate onsite crop raising.
(b) Hoophouses shall be permitted and shall comply with § 151.113(J).
(c) Above ground water storage structures and/or cisterns may be permitted at the discretion of the Planning, Building and Development Director, and adequate visual screening and buffering is required for such structures.
(d) Accessory 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, or swimming pools, but not including storage structures such as garages or sheds.
(3) Ornamental plants may be cultivated in local food gardens.
(4) Sufficient off-street parking shall be provided to serve local food garden operations, as determined by the Planning, Building and Development Director.
COMMENTARY: Mechanized equipment and hand labor similar in scale and designed for residential gardening shall be permitted. The use of large-scale mechanized farm equipment not customarily used for residential gardening such as combines, disc plows, and large engine tractors is prohibited. |
(JJ) Major fill/grade operations (warehousing and freight movement). The following standards shall apply to fill/grade operations.
COMMENTARY: Contaminated soil is regulated by state and federal environmental protection regulations, and fill/grade operations and activities should independently comply with all such rules and regulations adopted in accordance thereto.
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(1) Total volume. The importation of fill over 2,000 cubic yards per acre, or over a total volume of 60,000 cubic yards, to a site shall be regulated as a major fill/grade operation and subject to a non-delegated conditional use permit in the LI and II zoning districts.
(2) Site specifications.
(a) Setbacks. Fill areas must be placed at least 30 feet from any street or public right-of-way and the fill area shall be located at least 1,000 feet from any residential zoning district. Both setback requirements may be increased by the conditional use permit.
(b) Height. Fill material height maximum shall be established as part of the conditional use permit.
(c) Fencing. The fill area shall be equipped with a fence of no less than 100% opacity and no less than eight feet in height, located to secure the operating areas of the site until fill/grade operations have ceased.
(3) Site plan review. The use shall be subject to the site capacity calculations/site plan review procedures of § 151.070. Site capacity/site plan review may be conducted concurrently with the required conditional use permit review. The site plan shall include, at a minimum:
(a) A legal description of the subject property;
(b) A plat of survey of the site at a scale no greater than one-inch equals 100 feet that shows the existing topography at one-foot contour intervals;
(c) An outline of the area to be filled;
(d) Ingress/egress point(s) and parking areas;
(e) Locations of any buildings, structures, fixed equipment, and equipment storage areas;
(f) The extent of paved or impervious surfaces;
(g) Locations of material tipping/receiving areas, material processing areas; proposed fill/grade operational areas; and material loading areas;
(h) Screening features such as fencing, berms or landscaping; and
(i) Final grading and site stabilization plan and performance assurances as noted in § 151.262.
COMMENTARY: If in consultation with Stormwater Management Commission (SMC), the Director concludes that regional stormwater impacts may occur or be exacerbated by the project, the Director may request concurrent review by SMC.
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(4) Application. The application for a conditional use permit shall be accompanied by:
(a) Plans depicting any building profiles, site elevations and descriptions of such buildings and site elevations necessary to convey the appearance and scale of the proposed operation;
(b) A narrative description of the activities proposed to be conducted within the site boundaries;
(c) A narrative description of any other proposed uses (such as, but not limited to truck storage, maintenance, and fueling) and a demonstration that other such uses can be conducted in a safe and unobtrusive manner without interference with activities on the site; and
(d) Written approvals from both the operator and the landowner, to allow the county or its contractor to enter onto the site to remediate a discontinued operation, which shall run with the land.
(5) Operating standards. The operator shall provide an operating plan. The operating plan shall, at a minimum, contain the following information:
(a) Number of employees anticipated at the site;
(b) Proposed hours of operations for receipt of fill material and for processing/grading of fill material;
(c) Proposed daily average/maximum volume (in tons) of fill material to be received at the site;
(d) Identification of the maximum number of vehicles (by vehicle type) proposed to utilize the site on a daily basis;
(e) Description of any processing and/or grading equipment proposed to be utilized to prepare the fill material for stockpiling or grading and the location and design of any noise-buffering elements, sheltering and operating controls to minimize noise impacts;
(f) Description of operating methods employed to control overflow, run-off, and dust;
(g) Description of the method and equipment utilized to unload and spread fill material;
(h) Specification of typical and maximum anticipated heights of imported fill material; and
(i) Identification of the buffering and/or screening measures employed to minimize the visual impact of the proposed fill on surrounding properties.
(6) Other conditions. The conditional use permit may establish, as necessary, reasonable conditions that regulate activity on the site including but not limited to:
(a) Hours and days of operation;
(b) Vehicle trips generated per day;
(c) Noise and dust emissions;
(d) Interim screening requirements to mitigate the visual impact of the proposed fill operation on surrounding properties;
(e) Erosion control measures to mitigate impact to neighboring properties associated with the additional import/export of fill beyond that of a typical site development permit, as provided in § 151.146(J);
(f) Methods employed to prevent the tracking of dirt/mud onto the main road from which access is taken;
(g) Methods employed to clean and repair the main road from which access is taken.
(KK) Medical cannabis cultivation centers (manufacturing and production use category).
(1) Minimum distance from protected uses. No medical cannabis cultivation center shall be established, maintained, or operated on any lot that has a property line within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use.
(2) Measurement. For the purposes of subsection (KK)(1) above, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on an applicable cultivation center is located to the nearest point on a property line of any protected use (as defined in subsection (KK)(1) above).
(3) Site plan review. The use shall be subject to the site capacity calculation/site plan review procedures.
(4) Compliance with state regulations and rules. Each cultivation center shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and all rules and regulations adopted in accordance thereto.
(5) Single use site. No cultivation center may be established in multiple use or tenant property or on a site that shares parking with other uses.
(6) Setbacks. Each cultivation center shall be a minimum of 50 feet from its surrounding property lines.
(7) Parking.
(a) Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and are continually recorded in a tamper-proof format.
(b) The electronic security system shall be available 24 hours per day, and seven days per week to the Department and law enforcement agencies via a secure web-based portal.
(8) Signage.
(a) All commercial signage for a cultivation center shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the cultivation center address. Such signs shall not be directly illuminated.
(b) Electronic message boards and temporary signs are not permitted in connection with a cultivation center.
(c) Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis.
(9) Age and access limitations. Each cultivation center shall prohibit any person who is not at least 21 years of age from entering the cultivation center property. Cultivation centers shall not employ anyone under the age 21. Access to the cultivation center site shall be limited exclusively to cultivation center staff, local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).
(10) Security and video surveillance.
(a) All cultivation, production and related operations at a medical cannabis cultivation center shall occur in an enclosed locked facility (“facility”). Each cultivation center shall provide and maintain adequate security on the entire site on which the cultivation center sits, including lighting, video surveillance, security personnel and alarms reasonably designed to ensure the safety of persons and to protect the site from theft. The facility shall be enclosed by high security fence or wall. The fence or wall must be adequately secure to prevent unauthorized entry and include gates tied into an access control system.
(b) The medical cannabis cultivation center parking area, cultivation, production, warehousing areas, and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and continually recorded, in a tamper-proof format.
(c) The electronic security system shall be available 24 hours per day, and seven days per week to the Department and law enforcement agencies via a secure web-based portal.
(d) A sign shall be posted in a prominent location which includes the following language: “THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE”.
(e) The Planning, Building and Development Director shall review the adequacy of lighting, security and video surveillance installations with assistance from local law enforcement officials. The Director has the discretion to conduct periodic review of security features as appropriate.
(f) Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the facility.
(11) Noxious odors. All cultivation centers shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.
(12) Conduct on site.
(a) A cultivation center may not sell or distribute any cannabis to any individual or entity other than a dispensary organization registered under the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).
(b) It shall be prohibited to cultivate, manufacture, process or package any product, other than medical cannabis and cannabis infused products, at a cultivation center.
(c) It shall be prohibited to consume cannabis products in a cultivation center or anywhere on the site occupied by the cultivation center. A sign, at least 8.5 by 11 inches, shall be posted inside a cultivation center building in a conspicuous place and visible to staff and shall include the following language: “Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on cultivation center property”.
(LL) Medical cannabis dispensary (retail sales and services use category).
(1) Minimum distance from protected uses.
(a) No medical cannabis dispensing organization shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility.
(b) No medical cannabis dispensary shall be established, maintained or operated on any lot that has a property line within 500 feet of the property line of a pre-existing residential zoning district, place of worship, park, or forest preserve.
(2) Measurement. For the purposes of subsection (LL)(1) above, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which an applicable dispensary is located to the nearest point on any property line of any protected use (as identified in subsection (LL)(1) above).
(3) Site plan review. The use shall be subject to the site capacity calculation/site plan review procedures.
(4) Compliance with state regulations and rules. All dispensaries shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and all rules and regulations adopted in accordance thereto.
(5) Single use site. No dispensary shall be established in multiple use or tenant property or on a site that shares parking with other uses.
(6) Setbacks. Each medical cannabis dispensary shall be a minimum of 30 feet from its surrounding property lines.
(7) Buffering from other medical cannabis dispensaries. Each dispensary shall be a minimum of 1,000 feet from all other dispensaries, as measured from the applicable property lines.
(8) Parking.
(a) Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. It cannot be screened from the roadway with vegetation, fencing, or other obstructions.
(b) Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensary staff and are continually recorded in a tamper-proof format.
(9) Exterior display. No dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, medical cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights, or spotlights or any similar lighting system.
(10) Signage and advertising.
(a) All commercial signage for a dispensary shall be limited to one flat wall sign not to exceed ten square feet in area, and one identifying sign, not to exceed two square feet in area, which may only include the dispensary address; such signs shall not be directly illuminated. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.
(b) Electronic message boards and temporary signs are not permitted in connection with a dispensary.
(c) Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth, or language referencing cannabis.
(d) A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: “Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering”. The required text shall be no larger than one inch in height.
(e) Any additional merchandise packaging provided by a dispensary, such as bags, sacks, totes or boxes, shall be opaque without text or graphics advertising or identifying the contents of the products contained within.
(11) Drug paraphernalia sales. Dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).
(12) Age and access limitations. Each dispensary shall prohibit any person who is not at least 18 years of age from entering the dispensary facility. Dispensaries shall not employ anyone under the age of 18. Access to the dispensary facility shall be limited exclusively to dispensary staff, cardholders, designated caregivers, local and state officials, and those specifically authorized under Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).
(13) Hours of operation. A dispensary may operate between 6:00 a.m. local time to 8:00 p.m. local time.
(14) Drive-thru windows. Dispensaries may not have a drive-through service.
(15) Security and video surveillance.
(a) Each dispensary shall be an enclosed locked facility (“facility”). Each dispensary shall provide and maintain adequate security on the entire property on which the dispensary exists, including lighting, video surveillance, security personnel, and alarms reasonably designed to ensure the safety of persons and to protect the site from theft.
(b) The dispensary parking area, client entrance, sales area, back room, storage areas, and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper-proof format.
(c) A sign shall be posted in a prominent location which includes the following language: “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons”.
(d) The Planning, Building and Development Director shall review the adequacy of lighting, security and video surveillance installations with assistance from local law enforcement officials. The Director has the discretion to conduct periodic review of security features as appropriate.
(e) Each dispensary shall report all criminal activities occurring on the property to the applicable law enforcement agency immediately upon discovery.
(f) Deliveries shall occur between 7:00 a.m. local time and 9:00 p.m. local time within a secure enclosed delivery bay and shall not be visible from the exterior of the facility.
(16) Conduct on site.
(a) Loitering is prohibited on the dispensary property.
(b) It shall be prohibited to consume cannabis products in the medical cannabis dispensary
or anywhere on the site occupied by the dispensary. A sign, at least 8.5 by 11 inches, shall be posted inside the dispensary building in a conspicuous place and visible to a client and shall include the following language: “Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on dispensary property”.
(MM) Mining and extractive uses (mining use category).
(1) The use 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. In addition to information otherwise required, the site plan shall show a plan for the proposed operation and rehabilitation of the site that shall include the following:
(a) An outline of the area to be excavated;
(b) The proposed locations of sorting, grading, crushing, and similar equipment necessary to the operation and initial distribution of the excavated products;
(c) The proposed locations of any buildings, scale-house, equipment storage areas, and equipment repair sheds or areas; and
(d) The sequence of operations and the schedule of rehabilitation measures.
(2) A plat of survey of the site, or a map, at a scale of no greater than one inch equals 100 feet, shall be submitted showing the existing topography at one-foot contour intervals.
(3) The operation and rehabilitation of extractive products area shall be in accordance with the following conditions:
(a) Excavation to a depth of more than ten feet shall not take place within 30 feet of any street or public right-of-way;
(b) Access ways and roads shall be maintained in a dust-free condition;
(c) All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, sinking, or collapse of supporting soil adjacent to an excavation. No extractive operation shall be conducted in a manner so as to lower the water table on surrounding properties;
(d) No excavation, removal, or fill shall be permitted if the finished conditions would contain the following:
1. Deep pits having side slopes of greater than 30 degrees;
2. Serious on-site erosion problems or erosion problems which could extend to neighboring properties; and
3. Undrained depressions other than artificial lakes, or drainage problems which adversely affect neighboring properties.
(e) After completion of operations, and in accordance with the approved rehabilitation map, the premises shall be cleared of debris, and a layer of soil capable of supporting vegetation shall be spread over the premises to a depth of at least three inches (except for areas under water) and shall be seeded with grass or other groundcover to prevent erosion.
(4) A performance assurance in the form of a letter of credit or cash bond shall be furnished to the county in an amount adequate to assure compliance with the approved rehabilitation plan. The exact amount and a termination date for the completion of operations and the rehabilitation of the tract shall be established in the conditional use permit review process and imposed at the time of approval, based upon the estimated costs of rehabilitating the site and the estimated length of time the operation will be conducted.
(5) The hours and days of operation may be specified in the conditional use permit.
(6) The lifespan of the permit may be specified. Extension of the lifespan shall be subject to review and approval by the County Board.
(7) The site and its operations shall be subject to an annual review and inspection for compliance with this chapter.
(8) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(9) The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 50 feet from the right-of-way of the public road from which access is taken. Provisions shall also be made to remove dust, dirt, mud, and other debris from vehicles exiting the site. The main road from which access is taken shall always be kept free of dust, dirt, mud, and other debris.
(NN) Mobile home parks (household living use category).
(1) Land; ownership. A mobile home park shall consist of a contiguous parcels of land that has been developed for the placement of mobile homes and is owned in its entirety by an individual, firm, trust, partnership, public or private association or corporation. No lots shall be individually sold.
(2) Site capacity/site plan review. The use 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) Mobile homes. Mobile homes shall be permitted only in approved mobile home parks, except where the agricultural exemption applies or when occupied as a temporary shelter in accordance with § 151.114. Mobile home/manufactured housing sales are classified in the “wholesale sales” use category. The sales activities shall be allowed only in zoning districts that allow wholesale sales uses.
(4) Application and licensing requirements; inspections.
(a) No person shall construct or expand any mobile home park unless they hold a valid permit according to § 4, Public Act 77-1472 Mobile Home Parks, State of Illinois and a permit is issued by the Planning, Building and Development Department in the name of the person for the specific proposed construction, alteration or extension.
(b) No person shall operate any mobile home park unless they hold a valid license issued annually by the Planning, Building and Development Department in the name of the person for the specific mobile home park. All applications for licenses shall be made to the Planning, Building and Development Department according to the provisions and licensing application forms provided by the Planning, Building and Development Department.
(c) Licensing inspections shall be performed annually by the Planning, Building and Development Department.
(5) Minimum park size. Mobile home parks shall be at least nine acres in size. Any addition to an existing mobile home park shall be sufficient to provide for a total site area of at least nine acres.
(6) Density and open space. Mobile home parks shall comply with the maximum density standard and minimum open space ratio established for the underlying zoning district.
(7) Minimum lot area and width. Every mobile home shall be located on a mobile home site having at least 4,000 square feet of land area exclusive of park streets. The minimum lot or site width shall be 40 feet.
(8) Setbacks. Minimum setbacks/ separations shall be as follows:
Setback/Separation | Minimum Distance (Feet) | |
1. | Mobile homes and accessory structures to mobile home park boundaries[a] | 50 |
2. | Mobile homes and accessory structures to ultimate right-of-way of public street or highway[a] | 30 |
3. | Mobile homes and accessory structures to interior streets[(a)1.a.] | 10 |
4. | Mobile home to mobile home (side to side)[(a)1.a.][(a)1.b.] | 20 |
5. | Mobile home to mobile home (end to end, staggered)[(a)1.a.][(a)1.b.] | 10 |
6. | Mobile home to mobile home (end to end, not staggered)[(a)1.a.][(a)1.b.] | 20 |
7. | Mobile homes to unattached accessory structures (on same or other site) | 4 |
8. | Mobile homes and accessory structures to other mobile home park accessory structures, such as laundry buildings, community buildings and offices | 20 |
9. | Mobile homes and accessory structures to any body of water | |
(a) 1. In mobile home parks that were legally established before July 1, 1998, mobile home dwelling units may be replaced even if the replacement unit does not comply with the mobile home setback and separation distances required by items 1, 2, 3, 4, 5, and 6 of Table 151.112(NN) above, provided that the following minimum setbacks/separation distances are maintained:
a. Mobile home to mobile home (side to side): ten feet;
b. Mobile home to mobile home (end to end, staggered): eight feet;
c. Mobile home to mobile home (end to end, not staggered): ten feet; and
d. Mobile homes and accessory structures may be no closer to mobile home park boundaries or ultimate rights-of-way than the dwelling units they replaced or the minimum setback distance, of item 1 or 2 of Table 151.112(NN), whichever is less.
2. This provision shall not be interpreted as allowing additional mobile home units (above the number that existed on July 1, 1998) to be placed within the mobile home park, unless the additional units are allowed under the maximum density standards in effect at the time of application and the units comply with all applicable setback and separation standards for new mobile home parks.
(b) In measuring the minimum separation distance between mobile homes, measurements shall be taken from the outermost projection of the mobile home or from any attached accessory structure, such as decks, stairs, porches, and carports. For the purpose of this provision, a structure shall be considered attached if it is not separated from the mobile home by the minimum distance specified in item 7 of Table 151.112(NN), above.
(9) Mobile home stands. All mobile homes shall be situated on a concrete slab or a set of piers or runners that meet all state requirements. Mobile homes shall be anchored in accordance with all applicable state requirements.
(10) Streets and vehicular access. All internal streets shall be privately owned and maintained. All internal streets shall have a minimum right-of-way width of 50 feet and minimum pavement width of 24 feet (minimum pavement width of 36 feet if on-street parking is allowed). All streets and vehicular access within the mobile home park shall be designed and constructed in accordance with all other applicable standards of this chapter, including the access, sight distance, intersection, right-of-way, paving, length, and vertical and horizontal curve standards. Drainage systems within the road right-of-way shall be closed curb and gutter systems.
(11) Parking. A minimum of two parking spaces shall be provided per mobile home site. Size and paving of each parking space shall conform to the standards of § 151.165(H).
(12) Tenant storage. A minimum of 80 square feet/300 cubic feet of storage area shall be provided per each mobile home within the mobile home park. The required storage area may be located within a central, community storage building or in individual storage units on each mobile home site.
(13) Required recreation area. The amount of required recreation area shall be determined by the site capacity calculations. A recreation area shall be as centrally located as possible, free of traffic hazards, and easily accessible to all mobile home park residents. In larger mobile home parks, some decentralization of recreational areas shall be allowed. All recreation areas shall contain the following:
(a) Sufficient space for community use buildings, facilities, playing fields, and open spaces for active and passive adult, senior adult, and child-oriented recreational uses;
(b) Suitable landscaping, fencing and benching; and
(c) A series of pedestrian pathways that shall, as much as possible, be connected to the residential areas of the mobile home park through pedestrian pathway extensions.
(14) Service buildings and other community facilities. Management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas, service and recreational buildings, and commercial uses supplying essential goods or services for the exclusive use of park occupants shall be allowed as accessory uses and shall be constructed to meet all applicable requirements of the applicable building code.
(15) Sewage disposal.
(a) An adequate and safe sewage system shall be provided in all mobile home parks for the conveying, treatment, and disposal of sanitary sewage. When a public sewage system of adequate capacity is available within 250 feet of the site boundary, connection to the centralized sewage system shall be required.
(b) At least one sanitary station shall be provided in each mobile home. Sanitary stations shall be located at sites readily accessible to all mobile home park occupants and shall be approved in design and operation by the Lake County Health Department prior to permit issuance.
(16) Water supply. All mobile home parks shall be served by community or public water supplies. All community or public water supplies shall be designed and operated in accordance with all applicable standards and regulations of the Lake County Health Department, Lake County Department of Public Works, the Illinois Environmental Protection Agency and the Illinois Plumbing codes.
(17) Electrical distribution systems. All mobile home parks shall contain an electrical wiring system consisting of wires, fixtures, equipment, and appurtenances, which shall be installed and maintained in accordance with all applicable state and national electrical codes.
(18) Lighting and illumination. All lighting and illumination shall be designed and constructed to comply with § 151.168.
(19) Refuse storage and collection. As part of the conditional use permit application, the site plan shall also indicate the areas for refuse storage and collection and briefly describe the method of refuse storage, collection, and disposal.
(OO) Model airplane club (recreation and entertainment, outdoor use category). The following standards shall apply to all model airplane clubs.
(1) The minimum flying area shall be 30 acres.
(2) A minimum 1,000-foot setback shall be maintained from the center of the flying field to the nearest residence that is not located on the subject property.
(PP) Offices for non-retail nurseries (office use category). The following standards shall apply only when a conditional use permit is required for establishment of the non-retail nursery.
(1) The minimum gross site area shall be ten acres.
(2) A minimum of 50% of the site shall be planted, grown, or propagated in nursery stock.
(3) Centralized offices for clerical and professional personnel may be maintained in one or more buildings for personnel performing functions for nursery-related businesses located elsewhere, but under the same ownership.
(4) The total allowable floor area shall be established as part of the conditional use permit.
(5) The height of office building shall not exceed 35 feet.
(6) Building setbacks and landscaping shall be established as part of the conditional use permit.
(7) Whenever the property ceases to be used as a non-retail nursery, all authorization for the conditional use permit for centralized offices shall lapse, and the conditional use permit shall terminate and become null and void.
(8) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(QQ) Petroleum or chemical refining or production (industrial sales and service use category).
(1) The use 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.
(2) The site shall be a minimum of 200,000 square feet in size.
(3) The site shall have frontage on and access to an arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(4) The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 50 feet from the right-of-way of the public road from which access is taken. Provisions shall also be made to remove dust, dirt, mud, and other debris from vehicles exiting the site. The main road from which access is taken shall always be kept free of dust, dirt, mud, and other debris.
(RR) Racetrack, motor vehicle/motocross/BMX/ go-cart (recreation and entertainment, outdoor use category).
(1) The use 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.
(2) The site shall have a minimum area of at least 20 acres.
(3) The racetrack and all building, viewing areas, seating areas, and areas reserved for vehicles to be raced shall be located no closer than 300 feet from any ultimate public road right-of-way or site boundary line.
(4) All parking areas and access ways shall be adequately lighted; provided that this lighting, as well as lighting for the racetrack, shall be shielded to prevent light and glare spillover to adjacent properties.
(5) The following accessory uses may be permitted as incidental to and limited to patrons of the principal use:
(a) Refreshment stands or booths;
(b) Souvenir stands or booths;
(c) Vehicle fuel and supplies sales limited to owners or operators of vehicles to be raced;
(d) Temporary campgrounds;
(e) Playgrounds and day care facilities; and
(f) Any other customary and incidental uses which may be deemed appropriate by the County Board.
(SS) Recreational vehicle parks (retail sales/ service, entertainment-oriented use category).
(Preface.) This county’s recreational vehicle parks have enjoyed a long history. Nonetheless, a number of parks have been the source of environmental, traffic, aesthetic, and other negative impacts on surrounding communities. The following regulations have been adopted and shall be enforced in order to minimize the conflict between the recreational vehicle parks and the neighbors surrounding these parks and to ensure that the health, safety, and welfare of recreational vehicle park residents and neighbors is protected, enhanced, and maintained. Specifically, these regulations establish standards for the design, construction, alteration, extension and maintenance of recreational vehicle parks and related utilities and facilities; authorize the issuance of permits for construction, alteration, and extension of recreational vehicle parks; and provide for the licensing and inspection of recreational vehicle parks.
(1) Use. Recreational vehicle parks shall be considered a nonresidential use. Recreational vehicles shall be used for occupancy only in approved recreational vehicle parks or when occupied as a temporary shelter in accordance with § 151.114.
(2) Applicability. All recreational vehicle pad additions, relocations of pads for purposes other than compliance with the provisions of subsection (SS)(19) below, expansions to recreational vehicle parks and new recreational vehicle parks shall comply with all provisions of this chapter and obtain a conditional use permit (CUP). Any portion of an existing park where no additions or expansions are proposed shall not be required to be brought up to the standards of this chapter except all existing recreational vehicle parks shall comply with the provisions of subsection (SS)(19) if applicable. Adding accessory structures such as decks and porches to existing pads shall require permits but shall not be considered an expansion and shall not require a CUP.
(3) Application, licensing and operational requirements; inspections. All parks shall comply with the following application, licensing, operational, and inspection requirements.
(a) All applications for licenses shall be made to the Planning, Building and Development Department according to provisions and licensing forms available in the Planning, Building and Development Department. A map or a plat showing the site layout of recreational vehicle sites shall accompany the application.
(b) Each application shall be accompanied by a current license from the Illinois Department of Public Health.
(c) No person shall construct or expand any recreational vehicle park unless they hold a valid permit according to the requirements of this state and a permit issued by the Planning, Building and Development Department in the name of the person for the specific proposed construction, alteration, or extension.
(d) No person shall operate any recreational vehicle park unless he or she holds a valid license issued annually by the Planning, Building and Development Department in the name of the person for the specific recreational vehicle park.
(e) All existing and new parks shall only be permitted to operate between April 1 and October 31, and shall be closed for the remainder of the year. All water and gas service shall be disconnected from all recreational vehicles during the time the park remains closed.
(f) All recreational vehicle sites shall be sequentially numbered. The reflective site numbers shall be placed on a separate post on the site and shall be clearly visible. A map of the site layout with site numbers shall be placed at the entrance of the park in such a manner that it is clearly visible to the entrants. The base flood elevation for the park shall also be delineated on the map. A copy of the map shall be provided to the local fire protection district.
(g) No parking of any vehicles shall be permitted within any street right-of-way.
(h) Every person holding a license shall give notice in writing to the Planning, Building and Development Department within 24 hours of having sold, transferred, given away, or otherwise disposed of interest in or control of any recreational vehicle park. The notice shall include the name and address of the person succeeding to the ownership or control of the recreational vehicle park. Upon application in writing for transfer, the license shall be transferred if the recreational vehicle park is in compliance with all applicable provision of this chapter.
(i) Licensing inspections shall be performed annually by the Planning, Building and Development Department prior to the renewal of licenses.
(4) Minimum size.
(a) Recreational vehicle parks shall be at least 20 acres in size.
(b) Any addition to an existing recreational vehicle park shall be sufficient to provide for a total site area of at least 20 acres.
(5) Site capacity/site plan review.
(a) The use shall be subject to the site capacity calculation/site plan review procedures of § 151.070.
(b) Site capacity/site plan review shall be conducted concurrently with any required conditional use permit review.
(c) In addition to information otherwise required, the site plan shall show all recreation areas, pedestrian pathways, means of water supply, and sewage disposal.
(6) Density and open space.
(a) No recreational vehicle park shall have an overall density greater than 18 recreational vehicles per acre of land.
(b) No recreational vehicle park shall have more than one recreational vehicle or two camping units (tents) permitted on any one camp site.
(7) Minimum site area. Every recreational vehicle shall be located on a site having a minimum area of 1,500 square feet.
(8) Required setbacks and separation.
(a) The following setbacks and separation distances shall apply.
(b) In measuring these distances, all required setbacks and required separations shall be measured from the outermost edges of any steps, decks, or porches adjacent to the recreational vehicle.
(c) A recreational vehicle site shall not encroach into the ultimate public right-of-way or in any area designated as a buffer or landscape easement.
Setback/Separation | Minimum Distance (Feet) |
Accessory structure to any other structure on another recreational vehicle site | 8 feet |
Accessory structure to site boundary | 4 feet |
Recreational vehicle and accessory structure to any body of water | |
Recreational vehicle and accessory structures to ultimate right-of-way of public street or highway | 30 feet |
Recreational vehicle or accessory structure to interior street | 8 feet |
Recreational vehicle to other structures accessory to a recreational vehicle structure | 4 feet |
Recreational vehicle to other structures accessory to recreational vehicle park, including community buildings and offices | 16 feet |
Recreational vehicle to recreational vehicle (end to end) | 8 feet |
Recreational vehicle to recreational vehicle (side to side) | 8 feet |
Recreational vehicle to recreational vehicle park boundaries | 50 feet |
Recreational vehicle to site boundary | 4 feet |
(9) Accessory structures. Decks and porches may be placed adjacent to the recreational vehicles, provided they are not attached to the recreational vehicle. The total combined area of all decks and porches shall not exceed the size of the recreational vehicle to which it adjoins or 250 square feet, whichever is less. The total area of covered decks and porches shall not exceed 150 square feet. The total area of any storage shed shall not exceed 80 square feet.
(10) Streets and vehicular access. Each recreational vehicle site shall have direct access from an internal park street. All internal streets shall be privately owned and maintained so that emergency vehicles can safely access all area of the site during the recreational vehicle park’s operating season. All internal streets shall have a minimum right-of-way width of 33 feet and minimum pavement width of 18 feet. The streets shall be constructed with an 18-foot wide gravel base with an eight-inch thickness of compacted gravel. A two-inch layer of bituminous surface may be placed on this gravel base. The roads shall be maintained in a dust free condition. All streets and vehicular access within a recreational vehicle park shall be designed and constructed in accordance with all other applicable standards of this chapter, including the access, sight distance, intersection, length, and vertical and horizontal curve standards. Drainage systems within the road right-of-way may be closed (curb and gutter systems) or open (grass swale or open ditch).
(11) Parking. A minimum of one and one-quarter parking spaces shall be provided per recreational vehicle camp site, one of which shall be located on each individual recreational vehicle camp site, the remainder to be located off-street. Size and paving of each parking space shall conform to the standards of § 151.165.
(12) Required recreation areas. In all recreational vehicle parks, a recreation area shall be provided that shall be as centrally located as possible, free of traffic hazards, and easily accessible to all recreational vehicle park residents. In larger recreational vehicle parks some decentralization of recreational areas shall be allowed. All recreational areas shall, in total, amount to at least 20% of the recreational vehicle park site and shall contain the following:
(a) Sufficient space for community use buildings, facilities playing fields, and open spaces for active and passive adult, senior adult, and child-oriented recreational uses;
(b) Suitable landscaping, fencing, and benching; and
(c) A series of pedestrian pathways that shall, as much as possible, be connected to the residential areas of the recreational vehicle park through pedestrian pathway extensions.
(13) Sewage disposal.
(a) An adequate and safe sewage system shall be provided in all recreational vehicle parks for the conveying, treatment, and disposal of sanitary sewage. When a public sewage system of adequate capacity is available within 250 feet of the site boundary, connection to the centralized sewage system shall be required.
(b) At least one sanitary station shall be provided in each recreational vehicle park. Sanitary stations shall be located at sites readily accessible to all park occupants and shall be approved in design and operation by the Lake County Health Department prior to permit issuance.
(14) Water supply. All recreational vehicle parks shall be served by community or public water supplies. All the community or public water supplies shall be designed and operated in accordance with all applicable standards and regulations of the Lake County Health Department, Lake County Department of Public Works, the Illinois Environmental Protection Agency and the Illinois Plumbing codes.
(15) Electrical distribution systems. All recreational vehicle parks shall contain an electrical wiring system consisting of wires, fixtures, equipment, and appurtenances which shall be installed and maintained in accordance with all applicable state and national electrical codes.
(16) Lighting and illumination. All lighting and illumination shall be designed and constructed to comply with § 151.168.
(17) Group camping. Areas may be specified for group camping, subject to the following standards.
(a) Group camping areas shall be at least one acre in area.
(b) Group camping areas shall contain at least one conveniently located toilet facility.
(c) Group camping areas shall not contain more than 40 RV or tent sites.
(d) Group camping areas may contain more than one RV or tent on any single site.
(e) In group camping areas, all recreational vehicles equipped for electrical service shall be required to use park service in lieu of other portable or self-contained power supply.
(f) Group camping areas shall not be permitted within 75 feet of recreational vehicle park boundaries.
(18) Owners’/manager’s units. Each recreational vehicle park may have a maximum of two mobile homes or one detached dwelling and one mobile home for residential purposes of the owner or manager. Mobile homes shall comply with the standards of § 151.112(NN).
(19) Legal nonconforming recreational vehicle park. Any recreational vehicle park that existed and was properly licensed by the State of Illinois on or before July 13, 1976 and fails to meet the requirements of this chapter shall be considered a legal nonconforming use and shall be subject to the nonconforming provisions of this chapter. Any expansions or additions made subsequent to July 13, 1976 to these legal nonconforming parks shall be subject to the provisions of this subsection (SS)(19). Any park established subsequent to July 13, 1976 which failed to meet the requirements of the Recreational Vehicle Park Ordinance approved by the County Board on July 13, 1976 shall also comply with the provisions of this subsection (SS)(19). All existing parks or portions of existing parks that are subject to the provisions of this subsection (SS)(19) shall be brought into compliance with the following minimum requirements by March 31, 2004:
(a) Site capacity. Site capacity, site plan review and natural resource protection standards and procedures of § 151.070.
(b) Setbacks.
1. All internal setback requirements of this chapter;
2. All recreational vehicles shall be set back at least 20 feet from any body of water;
3. The following setbacks and landscaping standards shall be met along the boundaries of the recreational vehicle parks that abut residential uses, residential zoning, or public streets. Whenever the regulations require installation of a fence, the fence shall be placed along the interior boundary of the setback and the plant materials shall be installed along the outside of the fence facing the residential use, residential zone, or the public street:
Required Plant Material/100 Feet | |
For 25-foot setback | 3 canopy trees |
2 understory trees | |
3 evergreen trees | |
8 shrubs | |
6-foot high, 95% opaque fence placed at the higher intensity use | |
For 30-foot setback | 2 canopy trees |
1 understory tree | |
3 evergreen trees | |
7 shrubs | |
6-foot high, 95% opaque fence placed at the higher intensity use | |
For 40-foot setback | 1 canopy tree |
1 understory tree | |
2 evergreen trees | |
6 shrubs | |
3 feet high, 25% opaque fence placed at the higher intensity use | |
For 50-foot setback | 1 canopy tree |
1 understory tree | |
2 evergreen trees | |
5 shrubs | |
4. The Planning, Building and Development Director shall be authorized to modify the landscaping standards based on topography, existing vegetation, and other site conditions, provided that adjoining properties are still afforded a comparable level of protection; and
5. Each park shall have submitted a site plan demonstrating compliance with the above stated provisions by March 31, 2002 and shall have obtained approval of the site plan no later than January 1, 2003. Non-compliance with this requirement shall result in either revocation or discontinuation of license. The county shall respond to each submittal of the site plan within 60 days of the submittal date and take final action on the site plan no later than January 1, 2003.
(TT) Recycling center (waste-related use category).
(1) The use 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.
(2) The site shall have a minimum area of at least 80,000 square feet.
(3) There shall be at least two parking spaces per 100 square feet of floor area open to the public.
(4) All processing operations shall be conducted within an enclosed structure.
(5) All vehicles, or parts thereof, on the premises shall be operable and shall meet all state and federal licensing requirements.
(6) Outdoor storage shall be limited to drop-off recycling bins and shall be fenced with a solid fence of at least six feet, but not more than eight feet in height. Storage may not exceed the height of the fence.
(UU) Religious institution. The standards of this subsection shall apply when a religious institution is located within a platted residential subdivision and takes direct access exclusively to a local road:
(1) Operational requirement. Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.; any assembly occurring outside these established hours of operation shall require a temporary use permit in accordance with § 151.114(K). A maximum of 15 such events per calendar year (per zoning lot) shall be permitted. Requests for modifications or waivers from the limits of this subsection (UU)(1) shall require review and approval in accordance with the delegated conditional use permit procedures of § 151.050. This operational requirement shall not apply to the following activities: ancillary activities unrelated to the core congregate/worship practice, involving, in the aggregate, only a subset of the members of the religious institution and only a fraction of the assembly space.
(2) Classification. A school, day care, or camp associated with the use shall be classified as a separate principal use.
(VV) Rural business.
(1) Site plan review. The use may be subject to the site capacity calculation/site plan review procedures of § 151.070.
(2) Site area. The site shall have a minimum area of at least 200,000 square feet. No more than 10% of the site may be used for exposed material and equipment storage, not including the access drive. However, outside storage of material or equipment in excess of 10% on agricultural sites of 200,000 square feet or more, shall require a conditional use permit and may be subject to additional conditions.
(3) Location. Rural businesses shall not be located on lots within platted subdivisions.
(5) Outdoor storage. Equipment, parking facilities, and material storage shall be screened from adjoining properties. For those uses allowed by right, material storage shall not exceed ten feet in height or a height established by the conditional use permit.
(WW) Service stations (vehicle service, limited use category).
(1) The use may 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 review.
(2) All services except fuel and motor oil sales shall be performed within a completely enclosed building.
(3) Service stations shall store all refuse and vehicle parts within a completely enclosed building or within an area that is completely screened from view of residential uses.
(4) Islands, including pumps and underground fuel storage tanks, shall be set back a minimum of 20 feet from all ultimate public road rights-of-way. Canopies shall be set back a minimum of ten feet from any public road ultimate right-of-way and property line.
(5) The site shall have frontage on and access to a collector or arterial street, provided that the highway authority with jurisdiction over the subject road may approve alternative access.
(XX) Commercial solar energy systems. Commercial solar energy systems shall require a conditional use permit in all zoning districts. The following standards shall apply to all commercial solar energy systems:
(1) Approval. Commercial 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 the conditional use permit review.
(2) Fencing. Commercial solar energy systems shall be enclosed with an approved fence that restricts access to the public. Such fencing shall, at a minimum, encompass the entire system’s facility, contain a locking mechanism, and be subject to the fence regulations of § 151.113(L)(1).
(3) Height. The total height of the panels shall not exceed 20 feet, as measured from grade to the highest point of the solar arrays when the solar energy facility's arrays are at full tilt.
(5) 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.
(6) Location and setbacks.
(a) Commercial solar energy systems must meet the setback requirements for a principal structure in the underlying zoning district.
(b) The setback requirements may be waived by the written consent of the owner(s) of each affected nonparticipating property. The applicant does not need to obtain a variance from the county upon waiver by the property owner of any of the above setback requirements. Any waiver agreement of the above setback requirements shall be in the form of a covenant or deed restriction and require approval from the Director of Planning, Building and Development. Once approved, the agreement shall be recorded with the Recording Division of the Lake County Clerk's Office and shall run with the land.
(7) Concentrated solar technology. No solar energy system may utilize concentrated solar thermal technology in any zoning district.
(YY) Shooting/archery range, outdoor (recreation and entertainment, outdoor use category).
(1) The site shall have a minimum area of at least 40 acres for a shooting range or 20 acres for an archery range.
(2) The petitioner shall submit a site capacity calculation and a detailed site plan showing the layout and design of the proposed outdoor shooting range, including all required setbacks and landscaping and the existing and proposed structures, their floor areas and impervious surfaces. The scale of the site plan shall be no greater than one inch = 100 feet.
(3) The petitioner shall submit a detailed written narrative describing the proposed use. This narrative shall, at a minimum, describe the type of range (i.e., public, private, or government), the type of firearms and targets expected to be used, and the days and hours of operation. The County Board may impose conditions in the conditional use permit on the layout and design of the range, and the days and hours of operation.
(ZZ) Telecommunications facilities (telecommunications facilities use category). The provisions of Illinois Compiled Statutes which authorize counties to regulate certain specified facilities of a telecommunications carrier, 55 ILCS 5/5-12001.1, are incorporated by reference and made a part of this chapter. (See commentary below.)
COMMENTARY: In general terms, Illinois Statutes establish the following regulations for Telecommunications Facilities: Regardless of location or height, an antenna may be attached to any existing structure or new structure permitted by this section (a “qualifying structure”) provided that the antenna does not extend more than 15 feet above the height of the structure. A residentially zoned lot that is less than 2 acres in size and is used for residential purposes shall not be used for a facility. The height of a telecommunications facility shall not exceed 75 feet if the telecommunications facility will be located in a residential zoning district or 200 feet if the telecommunications facility will be located in a nonresidential zoning district. No portion of a telecommunications facility’s supporting structure or equipment housing shall be less than 15 feet from the front lot line of the facility lot or less than ten feet from any other lot line. If the supporting structure is an antenna tower other than a qualifying structure then (1) if the telecommunications facility will be located in a residential zoning district, the telecommunications facility shall be set back from the nearest residentially zoned lot by a distance of at least 50 percent of the height of the telecommunications facility's supporting structure or (2) if the telecommunications facility will be located in a nonresidential zoning district, the horizontal separation distance to the nearest principal residential building shall be at least equal to the height of the telecommunications facility’s supporting structure. The county’s review of a building permit application for a telecommunications facility shall be completed within 30 days. If a decision of the County Board is required to permit the establishment of a telecommunications facility, the county’s review of the application shall be simultaneous with the process leading to the County Board’s decision. |
The County Board may grant variations affecting the location, height or setback of a facility, after a public hearing on the proposed variations conducted before the Zoning Board of Appeals, by a favorable vote of a majority of the members present at a meeting held no later than 75 days after submission of an application. If the County Board fails to act on the application within 75 days after submission, the application shall be deemed to have been approved. In its consideration of an application for variations, the County Board and Zoning Board of Appeals shall consider only those standards specified by Statute. It is Lake County's desire to minimize the erection of new cellular communications towers. To that end, Lake County encourages new antennas to be located on existing, permitted structures. When this is not possible or practical, a lot located outside of a residential zoning districts is the most desirable location. A lot within a residential zoning district that is not used for residential purposes is the next most desirable location. The least desirable allowed location is a residentially zoned lot of more than two acres which is used for residential purposes. It is also Lake County’s desire to minimize the impact of new cellular communication towers on surrounding property. To that end, the County encourages new towers to utilize “stealth technology”. For purposes of this commentary, “stealth technology” means those features, materials, or equipment that are designed to hide, disguise, or otherwise soften the appearance of towers. |
(AAA) Utility installation and service, public or private. A conditional use permit shall be required of all buildings and structures not specifically exempted from zoning regulations by state statutes and not specifically permitted by right within a zoning district, pertaining to water, sanitary sewer, gas, telephone, and electric utilities. Any sewage treatment involving surface discharge or land application not exempted by state statute shall require a conditional use permit. Regardless of exempt or non-exempt status, all public and private utility installations shall comply with the site development regulations of §§ 151.145 through 151.154.
(BBB) Vehicle repair (vehicle repair use category).
(1) Setback. All vehicles shall be set back at least five feet from the right-of-way and all property lines. Vehicles shall not be parked within an intersection visibility triangle (unless otherwise) permitted pursuant to § 151.172. Concrete wheel stops or other permanent barriers shall be installed to prevent vehicles from encroaching on required setbacks. In lieu of providing side and rear setbacks, landowners of adjoining properties shall be entitled to enter into an agreement that provides for a waiver or partial waiver of the requirements. The agreement shall be in the form of a covenant or deed restriction and shall require approval of the Planning, Building and Development Director. Once approved, the agreement shall be recorded by the County Recorder of Deeds and shall run with the land.
(2) Operational requirements. All vehicle repair uses shall comply with the following operational requirements: no vehicles shall be parked outdoors on the site of a vehicle repair use for over 14 consecutive days except in the II Zoning District. For purposes of this provision, outdoor storage of vehicles will be deemed to have occurred if a vehicle remains outdoors for over 14 consecutive days or if a vehicle does not have current license tags and remains outdoors for any length of time. Regardless of the above, a vehicle repair use may have 15% of the site area, excluding area in floodplain and wetland, designated for long-term parking of vehicles that are either in the process of repair or title acquisition. This area shall be fenced-in with an eight-foot high solid fence. No vehicles shall be stored in this area for more than three months. No vehicle, without current license tags or missing body panels (e.g., hoods, trunks, fenders, doors, and the like), shall be stored outside of this fenced-in area for any length of time.
(CCC) Wildlife rehabilitation facilities. This use shall be allowed only by a 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 use shall be subject to the site capacity/site plan review procedures of § 151.070. Site capacity/site plan review shall be conducted concurrently with any required conditional use permit review.
(2) The site shall contain a minimum of 80,000 square feet.
(3) All structures containing rehabilitation activities shall be set back a minimum of 30 feet from all property lines.
(4) 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 linear feet. Additional site-specific screening may be required by the Zoning Board of Appeals as a condition of approval.
(5) Wildlife education shall be allowed as an accessory use to a wildlife rehabilitation facility that is classified as a principal use only if expressly approved as part of the conditional use permit application. Limits on attendance, hours and days of operation, and frequency of programming shall be addressed as part of the conditional use permit.
(6) State and federal wildlife permits shall be obtained as required by law.
COMMENTARY: Rehabilitation shall be limited to wildlife species allowed under the permit holder's applicable state and federal wildlife permits and shall not include species that are not naturally found living in the wild within the United States or that may be considered to be an exotic species. |
(DDD) Wind energy systems, commercial. Commercial wind energy systems shall require a conditional use permit in all zoning districts. Except as expressly provided for in this section, the following standards shall apply to all principal use commercial wind energy systems:
(1) Approval. Commercial wind energy systems (WECS) 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.
(2) Fencing. All WECS towers must be unclimbable by design or protected by anti-climbing devices such as:
(a) Fences with locking portals at least six feet high; or
(b) Anti-climbing devices 12 feet vertically from the base of the WECS tower.
(3) Height. Height is measured as the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
COMMENTARY: The turbine height may not exceed FAA height limits under 14 CFR Part 77 pursuant to a Determination of No Hazard to Air Navigation. |
(4) 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.
(5) Location and setbacks. WECS towers shall be sited as follows, with setback distances measured from the center of the base of the WECS tower:
(a) Occupied community buildings: 2.1 times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure;
(b) Participating residences: 1.1 times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure;
(c) Nonparticipating residences: 2.1 times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure;
(d) Boundary lines of participating property: no setback required;
(e) Boundary lines of nonparticipating property: 1.1 times the maximum blade tip height of the WECS tower to the nearest point on the property line of the nonparticipating property;
(f) Public road rights-of-way: 1.1 times the maximum blade tip height of the WECS tower to the center point of the public road right-of-way;
(g) Overhead communication and electric transmission and distribution facilities (not including overhead utility service lines to individual houses or outbuildings): 1.1 times the maximum blade tip height of the WECS tower to the nearest edge of the property line, easement, or right-of-way containing the overhead line;
(h) Overhead utility service lines to individual houses or outbuildings: no setback required; and
(i) Fish and wildlife areas and Illinois Nature Preserve Commission protected lands: 2.1 times the maximum blade tip height of the WECS tower to the nearest point on the property line of the fish and wildlife area or protected land.
(a) Sound level limitation for commercial wind energy facilities. Noise levels from each WECS or WECS Project shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. The applicant shall submit manufacturer's wind turbine sound power level characteristics and other relevant data regarding wind turbine noise characteristics necessary for a competent noise analysis. The applicant, through the use of a qualified professional, shall appropriately demonstrate compliance with the applicable noise requirements in its conditional use permit application. Any waiver of any of the above sound level requirements shall be set forth in a written waiver executed by the occupied community building owner(s) or non-participating residence owner(s) and be recorded with the Recording Division of the Lake County Clerk's Office.
(b) Shadow flicker. The applicant shall appropriately demonstrate through industry standard modeling that no occupied community building or non-participating residence will experience 30 hours or more per year of shadow flicker under planned operating conditions.
(c) Sun glint. The facility's surface finish shall be flat or matte, so as to reduce incidence of sun glint.
(d) 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.
(7) Waivers. Wind energy facility requirements for setbacks, sound level limitations or shadow flicker may be waived by impacted occupied community building owner(s) or non-participating residence owner(s). The written waiver shall notify non-participating property owner(s) of the requirements established by this chapter and how the proposed wind energy facility is not in compliance. The applicant does not need obtain a variance from the county upon waiver by the property owner of the setback requirement. The waiver shall be signed by the non-participating property owner(s) giving consent to exceed the limits for setback, sound level limitations, or shadow flicker on his or her property. Waivers shall be recorded with the Recording Division of the Lake County Clerk's Office against title to the affected real property.
(8) Signage.
(a) A reasonably visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations, and at all entrances to wind towers.
(b) Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.
(Ord., § 6.3, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed 10-9-2012; Ord. passed - -; Ord. passed - -; Ord. 15-0701, passed 7-14-2015; Ord. 19-1378, passed 9-10-2019; Ord. 21-0744, passed 5-11-2021; Ord. 22-1356, passed 10-11-2022; Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024) Penalty, see § 10.99