A. Definition: "Bona fide agricultural uses" means those uses set forth in the definition "agriculture, agricultural use"; temporary uses such as roadside farm stands devoted to the sale of farm products produced upon the land upon which the farm stand is located with related signage; and farm buildings exempt from county use and bulk regulations under 55 Illinois Compiled Statutes 5/5-12001.
B. Residential Restrictions:
1. One Dwelling Per Lot; Exceptions: Not more than one dwelling may be permitted on a single lot or farm, unless: a) the dwellings existed at the time of the passage of this title; b) the dwelling existed as, or was under construction as, a farm residence, which has been, or may be, converted to a nonfarm residence; c) the dwellings exist as a special use for itinerant or permanent farm laborers.
2. Parcels Less Than Forty Acres: A dwelling constructed on a parcel less than forty (40) acres in size, or a parcel of land less than forty (40) acres in size including a dwelling transferred to anyone, except the owner of an adjoining farm, purporting to be transferred for agricultural use shall not be construed to be a farm unless a signed statement shall be presented by the owner to the zoning enforcement officer, upon a form prescribed by the zoning enforcement officer and published in the "County Development Manual" attesting to the authenticity of the agricultural use. It shall be determined by the zoning enforcement officer to be agricultural if: a) a majority of the total cash income of the applicant is or shall be derived from pursuit of the agricultural activities included in bona fide agricultural uses, on the parcel involved, and b) the applicant is a member of the immediate family of the owner of an adjoining farm or the owner of a farm on the opposite frontage to the parcel involved. Such signed statement shall be filed in the records of the zoning enforcement officer.
3. LESA Report: The zoning administrator shall require a LESA report before issuing a building or development permit, or allowing a subdivision or resubdivision, or permitting residential construction or development on any parcel zoned agricultural, or to rezone a parcel, or grant a special use permit, or to grant a variation or expand or extend any special use permit on any parcel zoned agricultural in the county. Should any residential construction or development, or special use, or any expansion or extension thereof, be desired on a parcel in an agricultural district with a LESA score of two hundred twenty five (225) (or such other number which the county board shall set from time to time), or more, a public hearing shall be required before the planning commission with the intent of assisting in the decision of whether to issue a building or development permit, allow a subdivision or resubdivision, or grant a rezoning, special use permit, variation or expansion or extension thereof.
4. New Dwellings: From and after the date of the adoption of this title, as revised, in any quarter section by government survey, in an agricultural district, no more than four (4) new dwelling units can be built, platted or zoned in any agricultural classification, excepting a farm residence. The zoning enforcement officer shall note any new dwelling units on the zoning maps and keep such additional records as are necessary to carry out the intent of this subsection. Lots, less than forty (40) acres, which are currently classified as a residential district are exempt from this provision, except to the extent they are hereafter resubdivided into smaller lots, which smaller lots shall be subject to the quarter section limitation on new dwelling units. Dwellings constructed to replace buildings lost to fire or other casualty are exempt from the provisions of this subsection.
5. Encroachment: The provisions of this section are intended to protect bona fide agricultural uses from encroachment by incompatible uses in violation of rules and regulations in this district and to restrict the development of prime farmland. To the extent a parcel qualifies for residential development, subdivision, construction or rezoning in this district the applicant is encouraged to cluster residential uses into lots as small as two (2) acres. (Ord. 06-05-002, 6-21-2005)