§ 16.56.030 PRINCIPAL USE STANDARDS.

   A.   Adult Use.

      1.   Purpose. The purpose of these standards is to promote the health, safety, morals, and general welfare of the citizens of McHenry County, while establishing reasonable and uniform regulations to prevent effects from a deleterious location and concentration of adult uses within McHenry County, in accordance with the Counties Code (55 ILCS 5/5 12001 et seq.), as amended.

         a.   It is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

         b.   It is not the intent nor effect of this section to condone or legitimize the distribution of obscene material.

         c.   It is the intent of these regulations to provide safeguards to ensure that adult uses do not provide a venue for human trafficking, prostitution, illicit drug use, or other illegal activities.

      2.   Applicable Districts and Operations. Each adult use shall, prior to commencement or continuation of such business, obtain conditional use permit approval to operate an adult use in the I-1 or I-2 Districts. Each adult use shall also comply with all applicable regulations in the zoning district where the business is located.

      3.   Additional Application Requirements. An application for a conditional use permit for an adult use shall also include the following:

         a.   The name and permanent address of the property owner(s) and adult use operator(s).

         b.   The name and business address of the petitioner(s). If the petitioner(s) is a corporation, the name shall be exactly as set forth in its articles of incorporation and the petitioner(s) shall show the name and residence address of each of the officers, directors and each stockholder owning no less than seven and one-half percent (7.5%) of the stock of the corporation. If the petitioner(s) is a partnership, the application shall show the name and residence address of each of the members, including limited partners.

         c.   A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

         d.   Hours of operation.

         e.   A location, address, and floor plan showing where the specific entertainment uses will be conducted within the building.

         f.   The name or names of the person or persons having management or supervision of the business and of any entertainment.

         g.   A statement of the nature and character of the business, if any, to be carried on in conjunction with such entertainment.

         h.   For a renewal of the conditional use permit, the applicant(s) in addition shall indicate any changes since the filing of the initial petition.

         i.   Whether the petitioner(s) or any of the other individuals described has had a previous permit under this section or other similar ordinances from another village, city, or county denied, suspended, or revoked, including the name and location of the adult use for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the petitioner(s) or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that was permitted under this section whose permit has previously been denied, suspended, or revoked, including the name and location of the adult use for which the permit was denied, suspended, or revoked as well as the date of denial, suspension, or revocation.

         j.   Whether the petitioner(s) or any other individual listed pursuant to this section holds any other permits and/or licenses for an adult use from another village, city, or county, and, if so, the names and locations or such other permitted businesses.

         k.   If a person who wishes to operate an adult use is an individual, he/she shall sign the application for a permit as applicant. If a person who wishes to operate an adult use is other than an individual, each individual who has a seven and one-half percent (7.5%) or greater interest in the business shall sign the application for a permit as applicant. If a corporation is listed as owner of an adult use or as the entity which wishes to operate such a business, each individual having a seven and one-half percent (7.5%) or greater interest in the corporation shall sign the application for a permit as applicant.

      4.   Operation Requirements. It is unlawful for any person to operate, engage in, conduct or carry on any adult use within McHenry County unless the property owner(s) and business operator(s) of the adult use first obtains a conditional use permit in addition to the appropriate zoning. Along with the base zoning requirements, the following additional requirements shall be satisfied by an adult use and included in any approved conditional use permit:

         a.   The adult use shall comply with the zoning, parking, development, and design standards applicable to the district in which the business is located.

         b.   Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed and provided in accordance with applicable building codes, in addition to any other regulations and/or standards, adopted by McHenry County.

         c.   No adult use is permitted to operate in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities and/or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision applies to any display, decoration, sign, show window, or other opening.

         d.   Lighting and video surveillance is required to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of adult use employees and adult use patrons and reducing the incidents of vandalism and theft. Signage shall be posted indicating that the property is under video surveillance. The lighting plan and video surveillance signage shall be included on the required site plans and shall be reviewed by the Staff Plat Review Committee.

         e.   No loudspeakers or sound equipment are permitted for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions in effect in McHenry County.

         f.   Parking lot and building entrances to an adult use shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the property and building. The notice shall be constructed and posted to the satisfaction of the Zoning Enforcement Officer.

         g.   Landscape shall conform to the standards of this Ordinance. However, if the adult use is the sole use on a lot, plantings are limited to thirty (30) inches in height, except trees with foliage no less than six (6) feet above the ground.

         h.   The adult use shall not be located, in whole or in part, within any portable structure.

         i.   The adult use is prohibited from conducting or sponsoring any special events, promotions, festivals, concerts, or similar activities that would increase the demand for parking spaces beyond the approved number of spaces for the business.

         j.   It is unlawful to sell, serve, or permit the consumption of alcohol in a structure or on the property occupied by an adult use.

         k.   Any adult use that allows adult use patrons to remain on the premises while viewing any live, filmed, or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirements:

            (1)   At least one (1) security guard is required to be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard is required to be on duty inside the premises. The security guard(s) is charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Ordinance, and notifying the McHenry County Sheriff’s Department and Zoning Enforcement Officer of any violations of law observed. Required security guards shall be provided by an Illinois licensed Security Contractor Agency licensed by the State of IL Department of Financial and Professional Regulations to provide such security services. Required security guard(s) shall be uniformed so as to be readily identifiable as a security guard by the public. No required security guard is permitted to act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard.

            (2)   No exterior door or window on the premises can be propped or kept open at any time while the business is open. All exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be in compliance with building codes adopted by McHenry County.

            (3)   Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

         l.   All indoor areas of the adult use within which patrons are permitted, except restrooms, shall be open to view at all times.

         m.   No adult material is permitted to be displayed in such manner as to be visible from any location other than within the premises occupied by the adult use.

         n.   No person under the age of eighteen (18) years, including, but not limited to adult use employees/entertainers, adult use patrons, and the children of adult use employees/entertainers and adult use patrons, is permitted on the property or in the building of an adult use at any time.

         o.   The adult use shall provide and maintain separate restroom facilities for male adult use patrons and adult use employees, and female adult use patrons and adult use employees. Male adult use patrons and adult use employees are prohibited from using the restroom(s) for females, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities and vise-versa. The restrooms shall be kept free from any adult material. Restrooms are prohibited from containing television monitors or other motion picture or video projection, recording, or reproduction equipment. These provisions of this paragraph are be applicable to an adult use which deals exclusively with the sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its adult use patrons or the general public.

         p.   Adult uses are prohibited from operating during the hours from 12:00 a.m. (midnight) to 4:30 p.m.

         q.   The following additional requirements pertain to adult arcades that provide one (1) or more viewing areas:

            (1)   Upon filing a petition for a conditional use permit for an adult arcade, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station is limited to thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint is not be required, but each diagram shall be oriented to the north or to some designated street or object and drawn to one-quarter-inch (¼") scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult arcade to an accuracy of plus or minus six (6) inches.

            (2)   No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the Department of Planning and Development.

            (3)   It is the duty of the owner(s) to ensure that at least one (1) employee is on duty and situated at each manager’s station at all times that any patron is present inside the adult arcade.

            (4)   The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult arcade to which any adult use patron is permitted access for any purpose excluding restrooms. If the adult arcade has two (2) or more manager’s stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any adult use patron is permitted access for any purpose, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager’s station.

            (5)   It is the duty of the owner(s) and all employees present in the adult arcade to ensure that the individual viewing area remains unobstructed by any doors, walls, persons, merchandise, display racks, or other materials at all times, and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted.

            (6)   No individual viewing area may be occupied by more than one (1) person at any one time. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing areas.

            (7)   No individual viewing area can contain booths, stalls, or partitioned portions used for the viewing of adult material or other forms of entertainment, having doors, curtains, or portal partitions, unless such individual viewing areas containing booths, stalls, or partitioned portions have at least one (1) side open to the manager’s station and visible to the manager’s station. Any authorized booth, stall or partitioned portion of an individual viewing area shall be constructed to allow twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.

            (8)   The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

            (9)   It is the duty of the owner(s) and all employees present in the adult arcade to ensure that the illumination described above is maintained at all times that any adult use patron is present in the adult arcade.

         r.   The following additional requirements pertain to adult uses providing live entertainment depicting specified anatomical areas and/or involving specified sexual activities:

            (1)   All live entertainment for patrons of an adult use shall be performed on a stage at least eighteen (18) inches above the level of the floor and separated by a distance of at least six (6) feet from the nearest area occupied by patrons. No patron is permitted within six (6) feet of the stage while the stage is occupied by an adult use entertainer.

            (2)   The adult use shall provide separate dressing room facilities for adult use entertainers exclusively dedicated to the adult use entertainers’ use. Such facilities shall be clearly marked with signs indicating that they are restricted to use by adult use entertainers only.

            (3)   The adult use shall provide an entrance/exit to the adult use for adult use entertainers separate from the entrance/exit used by adult use patrons.

            (4)   The adult use shall provide access for adult use entertainers between the stage and the dressing rooms completely separated from the adult use patrons. If such a separate access is not physically feasible, the adult use shall provide a minimum three (3) foot wide walk aisle for adult use entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the adult use patrons and the adult use entertainers capable of, and which actually results in, preventing any physical contact between adult use patrons and adult use entertainers.

            (5)   Any adult use entertainer, either before, during, or after performances, are prohibited from physical contact with any adult use patron and all adult use patrons are prohibited from physical contact with any adult use entertainer either before, during, or after performances by such adult use entertainer on the site of the adult use.

            (6)   Fixed rail(s) at least thirty (30) inches in height shall be maintained, establishing the separations between adult use entertainers and adult use patrons required by this subsection A.4.r4.(6).

            (7)   The adult use shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which adult use patrons are permitted access with an illumination of no less than twenty (20) footcandles as measured at the floor level.

            (8)   No tipping is permitted between any adult use employee/entertainer and adult use patrons.

            (9)   A sign containing a phone number to call to report human trafficking shall be posted in a location visible to adult use employee/entertainers and adult use patrons.

         s.   The adult use shall not result in an increase in crime by more than ten percent (10%) in the neighborhood in which it is located as evidenced by calls to the McHenry County Sheriff’s Department in any three-month (3-month) period.

         t.   The establishment, maintenance or operation of the adult use shall not adversely affect other commercial or industrial enterprises in the surrounding area.

      5.   Location Restrictions. No proposed or existing adult use is permitted within the minimum distance indicated below from the following uses. The location distances shall be measured by drawing a straight line between the closest property line of the proposed or existing adult use to the nearest property line of such existing specified uses above, including uses within municipalities and adjacent counties. Measurement shall be made in a straight line, without regard to intervening structures or objects.

         a.   Another adult use: Two thousand (2,000) feet.

         b.   Place of worship: One thousand five hundred (1,500) feet.

         c.   Educational facility - preschool through high school or educational facility - college/university/technical: One thousand five hundred (1,500) feet.

         d.   A residence or a residential zoning district: One thousand five hundred (1,500) feet.

         e.    A landmark designated by McHenry County: One thousand five hundred (1,500) feet.

         f.   Residential care facility: One thousand five hundred (1,500) feet.

         g.   Park: One thousand five hundred (1,500) feet.

         h.   Day care center or day care home: One thousand five hundred (1,500) feet.

         I.   Cemetery: One thousand five hundred (1,500) feet.

      6.   Signs. Signs for an adult use are regulated separately from signs for the zoning district. Adult use signs are limited as follows:

         a.   An adult use is permitted one (1) primary sign and one (1) secondary sign, as follows:

         b.   Primary and secondary signs are prohibited from containing any photographs, silhouettes, drawings, or pictorial representations of any manner, per the Criminal Code of 2012 (720 ILCS 5/11-20).

         c.   Primary signs are limited to two (2) display surfaces. Each such display surface shall meet the following:

            (1)   Shall not contain any flashing lights, moving parts, or be constructed to simulate movement.

            (2)   Constructed as a flat plane and rectangular in shape.

            (3)    Limited to seventy-five (75) square feet in area.

            (4)   Limited to ten (10) feet in height and ten (10) feet in length.

            (5)   Constructed as a ground or wall sign and subject to the zoning district regulations for such signs that are not modified by the above restrictions.

         d.   Secondary signs are limited to one (1) display surface. The display surface shall meet the following:

            (1)   Constructed as a flat plane and rectangular in shape.

            (2)   Limited to twenty (20) square feet in area.

            (3)   Shall be affixed or attached to any wall or door of the establishment.

            (4)   Constructed as a wall sign and subject to the zoning district regulations for wall signs that are not modified by the above restrictions.

      7.   Additional Approval Standards. No conditional use permit for an adult use will be approved unless the following additional standards are met:

         a.   The adult use does not have an adverse effect on traffic flow or parking within the surrounding area.

         b.   The adult use does not allow the generation of noise in excess of levels so great as to constitute an unreasonable interference with the rights or well-being of persons outside of the confines of such establishment.

         c.   The adult use conforms to the applicable regulations of the district in which it is to be located.

      8.   Suspension and Revocation of a Conditional Use Permit for an Adult Use.

         a.   In addition to the revocation provisions of a conditional use permit, the County Board may suspend or revoke any adult use conditional use permit if it is found to violate any term of the conditional use permit or that any of the following conditions exist:

            (1)   The operation conducted by the adult use permittee does not comply with all applicable laws, including, but not limited to, the County's building, health, and zoning ordinances, the use standards, and the conditions of approval of the conditional use permit.

            (2)   The approved use has been substantially enlarged without the approval of the Zoning Enforcement Officer.

            (3)   The approved use has been partially or wholly converted to another type of adult use without the approval of the Zoning Enforcement Officer.

            (4)   The conditional use permit has not been established or utilized within six (6) months of its issuance.

         b.   The adult use permittee shall cease operation of the adult use immediately upon notification that the County Board is reviewing the conditional use permit for possible suspension or revocation of the conditional use permit and the use shall not be resumed until the County Board makes a final decision regarding the possible suspension or revocation provided that such decision shall be made within 14 days.

      9.   Enforcement. The McHenry County Sheriff Office may assist the Zoning Enforcement Officer with enforcement of this subsection A. Adult Use.

   B.   Agriculture.

      1.   Crop cultivation is allowed in all zoning districts.

      2.   Farm animal husbandry is allowed in the agricultural zoning districts without respect to property size or agricultural income. In all other districts, farm animal husbandry is allowed on lots or parcels of five (5) acres or more where agricultural purposes constitute the principal activity on the land, or, on lots or parcels of less than five (5) acres subject to proof of agricultural income in any calendar year, as defined by the Counties Code (55 ILCS 5/5-12001 et seq.). This restriction does not apply to Apiaries, Chicken Coops and Chicken Runs, and Equestrian Uses and Structures provided they conform to § 16.56.050 (Accessory Structure and Use Standards) and § 16.56.030V. (Horse Stable).

      3.   Agricultural exempt structures are allowed in the agricultural and estate zoning districts without respect to property size or agricultural income. In all other districts agricultural exempt structures are allowed on lots or parcels of five (5) acres or more where agricultural purposes constitute the principal activity on the land, or, on lots or parcels of less than five (5) acres subject to proof of agricultural income in any calendar year, as defined by the Counties Code (55 ILCS 5/5-12001 et seq.). This restriction does not apply to Apiaries, Chicken Coops and Chicken Runs, and Equestrian Uses and Structures provided they conform to § 16.56.050 (Accessory Structure and Use Standards) and § 16.56.050V. (Horse Stable). The construction and use of agricultural exempt structures is regulated as follows:

         a.   On parcels or lots without an existing residential or other principal use, the first agricultural exempt structure constructed shall meet the principal building setback requirements for the zoning district. All other agricultural exempt structures shall meet the accessory building setback requirements for the zoning district.

         b.   The primary occupancy of an agricultural exempt structure shall be agricultural uses.

         c.   Less than fifty-percent (50%) of the gross floor area of an agricultural exempt structure may be utilized for:

            (1)   The storage of personal items, vehicles, recreational vehicles, snowmobiles, off-road motorcycles, all-terrain vehicles, and trailers owned by the property owner or tenant.

            (2)   The conduct of a home occupation, subject to the standards contained in § 16.56.050I. (Home Occupations).

         d.   Agricultural exempt structures may be utilized for temporary agritourism events, temporary entertainment events, and temporary farmers market events, subject to the standards contained in § 16.56.040 (Temporary Use Standards) and approval by the Building Enforcement Officer and the applicable fire district.

         e.   Agricultural exempt structures may be utilized for limited agritourism, subject to the standards contained in subsection D. below (Limited Agritourism) and approval by the Building Enforcement Officer and the applicable fire district.

         f.   Agricultural exempt structures shall not be occupied for any other use unless otherwise specifically permitted by this ordinance.

   C.   Agriculture Employee Housing.

      1.   The following information shall be included in the application for conditional use permit:

         a.   Type of building proposed.

         b.   Type of water supply and sewage disposal systems proposed.

         c.   Number of inhabitants to be housed in the facility.

         d.   Type of business conducted on the property.

         e.   Time period of occupancy.

      2.   All facilities shall obtain and maintain any state or federal licenses required for their operation. Failure to maintain such license will result in a revocation of the conditional use permit.

      3.   All facilities shall be compatible with the type and outward appearance of the residences in the area in which they are located.

      4.   All structures shall comply with the building code and shall be maintained in good repair. All agriculture employee housing shall maintain sanitary facilities in accordance with the McHenry County Public Health Ordinance.

      5.   Mobile homes may be placed on a property to provide housing for (an) agricultural worker(s) subject to approval of an agricultural trailer permit, based on the following criteria:

         a.   The property owner shall affirm, using forms provided by the Department of Planning and Development, that occupancy of the mobile home will be limited to persons and the families of persons engaged in agricultural activities on the subject property.

         b.   If the property is less than five (5) acres in size, the property owner shall provide proof of agricultural income in any calendar year, consistent with the Counties Code (55 ILCS 5/5-12001 et seq.).

         c.   The permit shall expire after two (2) years or upon a change in property ownership. Within thirty (30) days of the expiration of the permit, the property owner shall remove the mobile home from the property or receive a new agricultural trailer permit.

   D.   Agritourism, Limited.

      1.   The minimum lot size for a Limited Agritourism use is five (5.0) acres, except in the commercial zoning districts.

      2.   Limited Agritourism uses require site plan review.

      3.   Limited Agritourism must be incidental to and directly supportive of a main agricultural operation of the property. The use must be located on the same lot or parcel as the agricultural operation or located on lots or parcels owned by the same person(s) as the agricultural operation.

      4.   All areas open to the public, including sales areas, seating areas, and activities areas, must be located a minimum of thirty (30) feet from any lot line. This requirement does not apply to allowed agricultural activities and structures including, but not limited to, orchards, pumpkin patches, other U-pick operations, and farmstands.

      5.   The entire ground floor of any barn constructed before 1940 may be used for any agritourism purpose, as long as the use of the structure is approved by the applicable fire district.

      6.   All structures open to the public, except Farmstands that meet the standards of Section 14.3.R (Farmstand) and barns constructed before 1940 used in accordance with subsection D.5. above, must meet applicable building code requirements

      7.   Toilet and sanitary facilities must be provided in accordance with the McHenry County Public Health Ordinance and Illinois State Plumbing Code.

      8.   Food and beverage services, with the exception of the sale of bottled water, are limited to Agritourism Food Concession Stands and must meet all applicable building code requirements and the McHenry County Public Health Ordinance.

      9.   An off-street parking area is required. Such area does not need to be paved.

      10.   Agricultural classes and tours shall be limited to a maximum of thirty (30) participants per class or tour group, excluding tours conducted as public or private kindergarten through 12-grade school activities.

      11.   Agricultural classes and tours may be conducted in agricultural exempt structures.

   E.   Agritourism, Intensive.

      1.   The minimum lot size is twenty (20.0) acres, except in the commercial zoning districts.

      2.   Intensive Agritourism uses require site plan review and, except in the B-3 District, conditional use permit approval.

      3.   Agritourism must be incidental to and directly supportive of a main agricultural operation of the property, except in the commercial zoning districts. The agritourism use must be located on the same lot or parcel as the agricultural operation or located on lots or parcels owned by the same person(s) as the agricultural operation.

      4.   Agritourism uses shall not negatively impact agricultural operations of neighboring properties.

      5.   All areas open to the public, including sales areas, seating areas, and activities and entertainment areas must be located a minimum of thirty (30) feet from any lot line. This requirement excludes allowed agricultural activities and structures including, but not limited to, orchards, pumpkin patches, other U-pick operations, and farmstands.

      6.   All structures open to the public, except Farmstands that meet the standards of subsection R. below (Farmstand), must meet applicable building code requirements. Farmstands that do not meet the standards of subsection R. below (Farmstand) are permitted, provided they meet applicable building code requirements.

      7.   Toilet and sanitary facilities must be provided in accordance with the McHenry County Public Health Ordinance and Illinois State Plumbing Code.

      8.   Food and beverage services must be provided in accordance with the McHenry County Public Health Ordinance.

      9.   An off-street parking area is required. Such area does not need to be paved.

   F.   Airport/Heliport/Helistop - Public Use or Private Use.

      1.   The airport, heliport, or helistop shall meet all standards of the United States Department of Transportation, Federal Aviation Administration, and the Illinois Department of Transportation, Division of Aeronautics for the class of airport proposed, and designed and constructed in accordance with all state and federal regulations.

      2.   All structures shall meet the setback requirements of the district in which they are located. This requirement does not apply to equipment required to be installed at the end of a runway, such as ILS localizer antennas or VASI light arrays.

   G.   Amusement Facility, Outdoor.

      1.   All outdoor amusement facilities shall be designed in compliance with any applicable national safety standards for the activity, such as, but not limited to, the American Motorcycle Association standard for motorized vehicle race tracks.

      2.   Site plan review is required. Site plan review shall evaluate the location, arrangement, size, design, and general site compatibility of structures, screening and buffering, and exterior lighting, to mitigate any potential negative impact upon adjacent property.

   H.   Auto Repair, Major and Minor.

      1.   All vehicles must be stored indoors or on a paved surface and no required off-street parking may be used for vehicle storage.

      2.   All driveways shall be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.

      3.   All repair operations shall be fully enclosed. Only vehicles being serviced at the establishment may be stored outdoors. No vehicles may be stored and no repair work may be conducted in the public right-of-way. Wrecked or junked vehicles may not be stored on-site. All equipment and parts shall be stored indoors.

      4.   Where an auto repair facility abuts a residential zoning district, the facility shall install an opaque masonry wall of stone, stucco, or brick, a solid fence, or dense evergreen hedge, at least six (6) feet but no more than ten (10) feet in height along the length of all interior side and rear lot lines that abut the residential zoning district.

      5.   Minor auto repair shops may include a gas station, if the use is allowed in the zoning district.

      6.   The sale of vehicles is permitted, if an auto dealership use is allowed in the zoning district.

   I.   Campground.

      1.   General Requirements.

         a.   The minimum area for a campground is ten (10) contiguous acres.

         b.   The campground shall meet all state regulations including the Illinois Campground Licensing and Recreation Area Act (210 ILCS 95/) and the Recreational Area Code (77 Ill. Adm. Code 800).

         c.   Campgrounds shall comply with all applicable County regulations, including those governing the installation, construction and/or operation of swimming pools, water supply, sewage disposal, food storage and services, plumbing, structures, electrical wiring, and fire prevention.

         d.   Management headquarters, recreational facilities, coin operated laundry facilities, cabins for counselors, overnight accommodations and similar living space, and other uses and structures customarily associated with the operation of a campground are permitted. All such structures must meet the requirements of the building code.

         e.   Storage of all campground materials or equipment shall be within enclosed structures.

         f.   Year-round residency is prohibited at any campground. Camping units are prohibited from use as a principal residence.

      2.   Campsites.

         a.   Each campsite shall be setback a minimum distance of one hundred (100) feet from the perimeter property line of the campground. The perimeter setback must be landscaped to screen the campground and preservation of existing vegetation is encouraged.

         b.   Permanent or semi-permanent structures, such as platforms, ramps, lean-to’s, garages, sheds, and room additions, are prohibited, unless required to provide handicap access in accordance with American with Disability Act Requirements.

      3.   Interior Roadways. Within campgrounds intended to accommodate automobile or recreational vehicles, all interior roads shall have a minimum width of twenty-five (25) feet for two (2) lanes and twelve (12) feet for one (1) lane. Road curves shall have a minimum radius of fifty (50) feet and turnarounds a minimum radius of sixty (60) feet. Campsites are prohibited from having direct access to a public street.

   J.   Cemetery or Pet Cemetery.

      1.   Cemeteries shall comply with all state regulations.

      2.   The site proposed for a cemetery shall not interfere with the future development of a system of collector and larger streets, and have direct access to a public thoroughfare.

      3.   All burial buildings shall be setback a minimum of eighty (80) feet from any street bounding a cemetery or memorial park, and fifty-five (55) feet from any side or rear lot line.

      4.   All graves or burial lots shall be setback a minimum of thirty (30) feet from any street lot line and ten (10) feet from any interior side or rear lot line.

      5.   Pet cemeteries are allowed as a conditional use but shall be specifically requested in the conditional use permit application. Pet cemeteries shall comply with all state regulations.

   K.   Day Camp.

      1.   A day camp shall meet all state regulations.

      2.   All day camps shall comply with all applicable County regulations, including those governing the installation, construction, and/or operation of swimming pools, water supply, sewage disposal, food storage and service, plumbing, structures, electrical wiring, and fire prevention.

      3.   Management headquarters, recreational facilities, cabins, and other uses and structures customarily associated with the operation of a day camp are permitted. All such structures must meet the requirements of the County building codes.

      4.   Storage of all day camp materials or equipment shall be within enclosed structures.

      5.   In addition to the yard requirements of the zoning district, interior side yards and a rear yard of at least thirty (30) feet each are required unless the zoning district requires a larger yard. Outside recreation areas, including playgrounds or recreation fields, are prohibited in any required yard.

   L.   Day Care Center.

      1.   Day care centers shall meet all state regulations including, but not limited to, maximum occupancy and minimum outdoor area requirements, licensing, and health, safety. and building code requirements.

      2.   One (1) drop-off space is required for every eight (8) day-care recipients, based on maximum enrollment. The drop-off space shall be located immediately adjacent to the facility and designed so that pedestrians do not have to cross vehicle traffic lanes.

   M.   Day Care Home.

      1.   The day care home operator must live in the dwelling to be used as a day care home.

      2.   Day care homes shall meet all state regulations including, but not limited to, caring for a maximum of twelve (12) children unless licensed for a lesser number, and minimum outdoor area requirements, licensing, and health, safety, and building code requirements.

      3.   No portion of a day care home may be located within a three-hundred-foot (300') distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children and other occupants at the facility. Hazardous land uses or activities include, but are not limited to, gas stations, heavy industrial, storage of flammable or high-pressure underground pipelines, truck or rail freight terminals, and similar uses.

      4.   Any additions or improvement to an existing residential structure or property for purposes of a day care home shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable County regulations relating to building and/or zoning permits.

      5.   If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, or similar, in or near to an outdoor play area, fencing is required to restrict children from these areas. Natural or physical barriers, such as hedge rows, walls, or dense vegetation, may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.

      6.   All signs shall comply with standards governing home occupations of Chapter 16.72 (Signs).

      7.   All day care homes shall be marked with clear house numbers.

      8.   Play equipment, in designated on-site play areas, shall be located at least ten (10) feet from any abutting property line and the area must be fenced.

   N.   Drive-In Theater.

      1.   The site shall be a minimum of five (5) acres.

      2.   All structures, viewing areas and seating areas shall be set back at least one hundred (100) feet from any lot line.

      3.   All parking areas and access ways shall be adequately lighted and the lighting shielded to prevent glare or reflection onto neighboring properties or public streets.

      4.   Off-street stacking requirements for vehicles of patrons awaiting admission to or departing from any drive-in theater shall equal to ten percent (10%) of the vehicle capacity of the theater.

      5.   Playgrounds and refreshment stands and booths are permitted as incidental to the drive-in theater use and limited to use of the patrons.

      6.   The viewing surface of the screen shall not be visible from any existing or proposed street within one-quarter (¼) mile of the property lines of the site.

   O.   Dwelling Unit, Ancillary.

      1.   Ancillary dwelling units that exist as of the date of the adoption of this Ordinance are allowed in accordance with Chapter 16.80 (Nonconformities) or the conditional use permit under which they were established, if applicable. Nonconforming ancillary dwelling units can be made conforming by obtaining variations of any noncompliant standard listed below.

      2.   Ancillary dwelling units are subject to Table 16.32-1: Zoning District Uses.

      3.   Ancillary dwelling units may be attached to the principal dwelling unit or detached as a standalone structure.

      4.   Ancillary dwelling units shall meet all building code requirements and McHenry County Department of Health requirements regarding well and septic.

      5.   Ancillary dwelling units shall be limited to no more than 2 bedrooms.

      6.   Ancillary dwelling units shall not exceed the size and scope of the principal residence.

      7.   Lots or parcels containing an ancillary dwelling unit shall be owner occupied. The owner may reside in either the principal residence or the ancillary dwelling unit. No one else shall occupy the owner's unit when the owner is not residing on the property. The homestead exemption per 35 ILCS 200/15-175 could be used as evidence for this requirement.

      8.   Only one ancillary dwelling unit is allowed per lot or parcel.

      9.   One (1) parking space shall be provided for an ancillary dwelling unit in addition to that required for the principal dwelling.

      10.   Detached ancillary dwelling units shall be no more than thirty-five (35) feet in height and measured in accordance with § 16.60.010.F.1.a.

      11.   Detached ancillary dwelling units shall meet all of the same setback requirements as a principal structure per Table 16.36-1.

      12.   The maximum square footage of the footprint of a detached ancillary dwelling unit shall not exceed 900 square-feet.

      13.   Mobile home trailers and recreational vehicles are prohibited from being used as an ancillary dwelling unit.

   P.   Earth Extraction and Mining.

      1.   Earth Extraction Activities Exempt from Conditional Use Permit. An owner is exempt from the requirements of conditional use permit approval pursuant to this section provided each of the following conditions are satisfied:

         a.   Earth extraction operations are conducted upon a recorded lot of record no more than two (2) acres in size.

         b.   Less than ten (10) feet of overburden is removed for the single purpose of improving the agricultural use of that parcel or another parcel in his/her ownership or of his/her spouse or children. Earth extraction and/or mining operation(s) do not constitute an agricultural use.

         c.   The owner files an affidavit with the Zoning Enforcement Officer that the above conditions have been met. Such earth extraction or mining operation(s) may be conducted without a hearing before the Zoning Board of Appeals and without approval of the County Board. The Zoning Enforcement Officer will provide the necessary form of application and affidavit and issue a certificate of exemption if warranted to the owner. However, this certificate does not eliminate the need for any other required permits.

      2.   Compliance with State and Federal Regulations.

         a.   It is unlawful for any owner/operator to engage in earth extraction or mining in an area where the overburden exceeds ten (10) feet in depth or where the operation will affect more than ten (10) acres during the permit year without first obtaining a permit from the Illinois Department of Mines and Minerals to do so, pursuant to the Surface-Mined Land Conservation and Reclamation Act (225 ILCS 715/1 et seq.), as amended.

         b.   All owner/operators shall comply with the regulations of the United States Environmental Protection Agency and all State of Illinois and federal regulatory agencies for occupational health and safety, and shall obtain any necessary permits prior to conditional use permit approval. Before the onset of any operations, the Zoning Enforcement Officer shall be provided with copies of all necessary permits.

      3.   Earth Extraction Report and Plan. The applicant must submit the following information no less than thirty (30) calendar days prior to the opening of the public hearing for the conditional use permit:

         a.   Ownership of land.

         b.   Minerals to be extracted or mined.

         c.   Character and composition of vegetation and wildlife on land to be affected.

         d.   Current assessed valuation of lands to be affected.

         e.   Assessed valuation shown by two (2) quadrennial assessments next preceding the currently effective assessment.

         f.   The nature, depth, and proposed disposition of the overburden.

         g.   The estimated depth to which the mineral or aggregate resource will be extracted or mined.

         h.   The technique to be used in the extracting and/or mining operation.

         i.   Estimated type and volume of excavation.

         j.   The equipment proposed to be used.

         k.   Practices and methods proposed to be used to minimize noise, dust, air contaminants, and vibration and to prevent pollution of surface or ground water.

         l.   If applicable, the recycling of water used for washing and grading.

         m.   If applicable, the proposed usage or drainage of excess water.

         n.   The simultaneous reclamation plan including methods of accomplishment, phasing, and timing.

         o.   Current and past uses of the land.

         p.   Location of existing roads, and anticipated access and haulage roads planned to be used or constructed in conducting earth extraction and/or mining operation(s).

         q.   Location and names of all streams, creeks, wetlands and bodies of water within lands to be affected.

         r.   Drainage on and away from affected land, including directional flow of water, natural and artificial drainage ways and waterways, and streams or tributaries receiving the discharge.

         s.   A topographic survey with two-foot (2') contours, at the same scale as the aerial photo showing the existing conditions on the subject site.

         t.   A traffic study showing the impacts of increased truck traffic from the location of the earth extraction or mining site to the nearest County or State highway that will be used for transport.

         u.   A current Illinois Department of Natural Resources Endangered Species Consultation (EcoCAT) Report.

      4.   Expiration and Renewal of Conditional Use Permit.

         a.   All earth extraction or mining conditional use permits expire ten (10) years from the date of approval, unless a lesser time is approved. At the Zoning Board of Appeals public hearing, a time limit will be established in which the operator will complete earth extraction and/or mining operation(s) on the parcel. If operation(s) are not completed during the imposed time, the operator is required to request a renewal of the conditional use permit or cease operation.

         b.   The renewal of a conditional use permit under this section is valid for a maximum of ten (10) years.

         c.   A request to renew a conditional use permit that involves additional acreage or equipment above that allowed in the original conditional use permit is treated as a new conditional use permit.

         d.   The following describes the process to renew a conditional use permit:

            (1)   If an owner is not able to finish earth extraction and/or mining operation(s) on the acreage described in the conditional use permit in the time specified, the owner shall apply to the Zoning Board of Appeals for a renewal of the permit.

            (2)   The Zoning Board of Appeals will hold a public hearing. All maps required by this ordinance for the initial hearing shall be revised, updated, and resubmitted along with a statement of the current status of the reclamation. A new map describing conditions present on the site shall be furnished as described in “Existing Conditions” section of the Standards.

            (3)   The applicant shall furnish the Department of Planning and Development with a copy of the required maps, plans, and other related exhibits for review of the revised or extended reclamation plan no less than thirty (30) days before the Zoning Board of Appeals hearing.

            (4)   The Department of Planning and Development will prepare a report on the revised or extended reclamation plan and enter it into evidence at the Zoning Board of Appeals hearing.

            (5)   Any application for a renewal of a conditional use permit shall be filed with the Zoning Board of Appeals a minimum of one hundred twenty (120) days before the expiration date of the original conditional use permit or any renewal. Failure to file a request for renewal within the required time results in a required cessation of operations and, if applicable, the sale of product upon the expiration of the conditional use permit.

      5.   Required Bonds.

         a.   An owner is required to obtain the proper permits and submit a bond or other acceptable form of surety. If a bond is required by the State of Illinois, the owner is only required to provide the Department of Planning and Development with a photocopy. A bond of no less than two thousand five hundred dollars ($2,500.00) for each acre affected is required. The actual dollar amount will be established during the hearing process with the Zoning Board of Appeals, based upon one hundred fifty percent (150%) of the engineer’s estimate of the cost of reclamation per acre average at the time earth extraction and/or mining operation(s) are to be performed. This estimate shall take into consideration inflation of costs in future years. The actual operation will be monitored by the Zoning Enforcement Officer, who will prepare a written report on the progress before partial or full release of the surety.

         b.   The surety will be held by the Department of Planning and Development. The bond will remain in effect until the affected lands have been reclaimed in accordance with the reclamation plan and the work is approved by the Department of Planning and Development and the Zoning Enforcement Officer at the annual review of the operation.

         c.   Earth extraction and/or mining operation(s) are not allowed unless a bond has been posted with the Department of Planning and Development. The form and type of surety shall be approved by the Office of the State’s Attorney of McHenry County. The surety will be for assurance of completion of reclamation and the initial surety amount set on an anticipated three (3) years working basis with reasonable allowance for inflation of costs. Before the end of each one-year (1-year) period, the Zoning Enforcement Officer’s evaluation and the approval of the past years work will be required for release of or reduction of the bond amount and at that time, re-bonding established for the next one-year (1-year) period or fraction thereof.

      6.   Reclamation Plan.

         a.   Reclamation Regulations. The applicant must submit a reclamation plan map and statement of sequential operation and reclamation as a condition of approval. The reclamation plan shall be submitted no less than thirty (30) calendar days prior to the opening of the public hearing. The Department of Planning and Development shall prepare a report on the reclamation plan and enter it into evidence at the public hearing. The reclamation plan map shall produce a finished condition that provides for the return of the affected land to a useful purpose.

         b.   Changes to the Reclamation Plan. In the event that a change in the reclamation plan is necessary due to the unanticipated characteristics of the area concerned, the Department of Planning and Development shall be provided with appropriate documentation, and will study the proposed change and give the report to the Zoning Enforcement Officer and the Planning and Development Committee for their review. Changes may be made in the reclamation plan upon the request of the owner and require approval from the Zoning Enforcement Officer and the Planning and Development Committee. The change(s) shall preserve, as substantially as possible, the original reclamation plan, but may provide for previously unknown variables.

         c.   Finished Conditions. The finished conditions of all land affected by earth extraction and/or mining operation(s) shall:

            (1)   Be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use, with slopes of no more than a fifteen percent (15%) grade. In the case of those lands to be reclaimed in accordance with the filed plan for forest plantations, recreation or wildlife, the final cut spoil, the outside slope of the box cut spoil, the outside slopes of all overburden deposition areas, and the side slopes of haulage road inclines are limited to a maximum thirty percent (30%) grade, but such slopes need not be reduced to less than the original grade of the overburden of the area prior to earth extraction and/or mining operation(s).

            (2)   Be designed to control conditions that could cause erosion on site or on surrounding properties.

            (3)   Be designed so that any surface drainage from the property leaves the property at the original, natural drainage points. If this is not possible, the drainage plans shall be reviewed by the Department of Planning and Development as part of the overall submission. Drainage volume shall not be increased over what it would have been if the site remained in its former use. The finished condition shall meet McHenry County Stormwater Management Ordinance standards.

            (4)   Be covered with arable topsoil to a minimum depth of six (6) inches and have a minimum of ten percent (10%) organic material. However, no greater depth of topsoil or percentage of organic material is required than that originally existing on the property prior to commencement of operations.

            (5)   After replacement of the topsoil, be successfully planted with native vegetation (trees, shrubs, legumes, grasses, or groundcover) or agricultural crops in accordance with the reclamation plan in order to avoid erosion in the numbers and sizes of plantings described in the plan.

            (6)   Whenever earth extraction and/or mining on any property is complete, all processing plants, structures other than those shown to remain on the reclamation plan, fences, and equipment shall be entirely removed from the property within one (1) year from the expiration date of the conditional use permit.

            (7)   If applicable, prior to the termination of the conditional use permit, the owner shall file with the McHenry County Recorder, a permanent easement, approved by the Zoning Enforcement Officer after review by the McHenry County’s State’s Attorney’s Office, that provides access to the real estate for the purpose of monitoring and sampling of the then existing wells.

         d.   Reclamation Plan Requirements.

            (1)   General. A reclamation plan shall consist of a combination of graphic representation and written or printed text, the proportions of which may vary, but together they shall be sufficient to result in comprehensive and understandable documents showing the intent, methods, and processes of reclamation of the land as well as the extent of the site, the initial conditions, intermediate stages, and ultimate arrangement of land forms. The reclamation plan shall describe these conditions and procedures completely and clearly so that the plans may become regulatory documents to be used or referred to in the implementation of its intent.

            (2)   Plan Elements. The following four (4) elements are required for the reclamation plan, and for each element certain standards are cited. Due to natural differences at each earth extraction site, each element may vary in the preparation of plans for different sites, however, each element must be addressed as appropriate for each site.

               (a)    Common Mapping Standards. Each plan element shall depict the following information:

                  i.    Site Mapping: One inch to one hundred feet (1"=100') preferable, or one inch to two hundred feet (1"=200') alternative acceptable.

                  ii.    Contour Interval: Two (2) feet for slopes thirty percent (30%) or less; ten (10) feet for greater slopes when map scale is one inch to one hundred feet (1"=100) feet. All contours shall be in terms of elevations above mean sea level (USGS MSL or MGVD).

                  iii.    Contour Interval: Two (2) feet for slopes twenty percent (20%) or less; ten (10) feet for greater slopes when map scale is one inch to two hundred feet (1"=200') feet. All contours shall be in terms of elevations above mean sea level (USGS MSL or MGVD).

                  iv.    Roads or Streets: Name, right-of-way width, and road within right-of-way, and centerline elevations at fifty-foot (50') intervals for three hundred (300) feet beyond the site.

                  v.    Easements: Widths and identification of utility or other purpose.

               (b)    Element 1: Existing Conditions. The purpose of Element 1 is to provide sufficient information to describe the existing conditions at the site including topographic, hydrologic, and other data relating to the property to be mined and the area immediately adjacent to the perimeter of that property, and to establish a beginning point for measurement of mining and reclamation progress. Element 1 shall include the following information:

                  i.    Common mapping standards as listed above.

                  ii.    Natural Land Features: Locations of watercourses and drainageways, floods of record, sinks, basins, wooded areas, and wetlands as identified on National Wetlands Inventory quadrangle maps.

                  iii.    Man-Made Features: All buildings and other structures, dams, dikes, and impoundments of water.

                  iv.    Adjacent Land Features: All of the standards above shall apply to delineation of the area within three hundred (300) feet of the perimeter of the mined area. In addition, all platted subdivision lots and metes and bounds parcels must be shown.

                  v.    Groundwater: Locations of at least five (5) borings which show depths to groundwater, date of observed water levels twenty-four (24) hours after drilling and surface elevations of borings shall be noted.

                  vi.    Cross-Sections (as required) to Illustrate Conditions: Vertical scale equal to, or in exaggeration of, horizontal scale.

               (c)    Element 2: Mining Operations, Procedures, and Phases. The purpose of Element 2 is to provide sufficient information in the form of a map, diagrams, or other graphics accompanied by descriptive text to show the extent of the area to be mined, define the limits of the area where processing will take place, where process water will be ponded, and how processed material will be transported, and to illustrate the sequences of the reclamation process and describe the time relationship of the phases. The document produced should be sufficiently specific to aid in administration of monitoring the progress of mining and reclamation. Element 2 shall include the following information:

                  i.    Common mapping standards as listed above.

                  ii.    Processing areas shall be identified and boundaries shown to scale.

                  iii.    Access road to processing and mining areas shown to scale.

                  iv.    Sequences of operation showing approximate areas involved shall be shown to scale and serially numbered with a description of relation of mining to reclamation follow-up activity and timing.

                  v.    Locations of screening berms shall be shown to scale and notes shall be provided indicating when they will be used as reclamation material. In the same manner, overburden storage areas shall be identified and noted.

                  vi.    Fences and gates shall be shown on the site map and their type or construction shall be described. Any fencing related specifically to certain phases of mining or reclamation shall be identified and noted.

                  vii.    Proposed locations of principal service or processing buildings or enclosures shall be shown as well as locations of settling basins and process water ponds.

                  viii.    Site drainage features shall al so be shown and flow directions indicated.

                  ix.    A Spill Prevention Containment and Control Plan for asphalt batching, concrete mixing, petroleum products, or other hazardous chemical storage.

               (d)    Element 3: Reclamation Plan (Final Land Form). The purpose of Element 3 is to give a reasonably accurate description of the final form of the reclaimed land after all mining has been completed and processing equipment, settling basins, process water sources etc., have been removed or eliminated. The solution of the problem of end-match of new contours to old contours of peripheral land should be evident as should all problems of compatibility of physical characteristics of new land forms to surrounding land, land use, and drainage. Element 3 shall include the following information:

                  i.    Common mapping standards as listed above.

                  ii.    Locations of any proposed roads within the reclaimed area and their connection to present public roads beyond.

                  iii.    Locations of any lakes, ponds, or streams proposed within the reclaimed area and their connections to streams or drainageways beyond.

                  iv.    Locations of any proposed man-made structures within the reclaimed area (dams, buildings, etc.).

                  v.    Locations of all buildings within three hundred (300) feet of the perimeter of the mining site.

                  vi.    Area where vegetation is to be established and indicate types of vegetative cover.

                  vii.    Describe the degree of flexibility considered to be needed in execution of the plan.

               (e)    Element 4: Use of Reclaimed Land. The purpose of Element 4 is to show that the final land form portrayed in the drawings for Element 3 has a viable land use compatible with land use trends of the surrounding area. The base map for this element should be the final land form map upon which shall be shown, by overlays or separate drawings and notes, one or more developed schemes for end land use or uses, each demonstrating that developed areas are accessible by roads and that physical attributes of the final land form are compatible with the proposed use or uses. It is understood that this is a hypothetical exercise and will be evaluated as such. It should not be considered a commitment to the use portrayed by either the applicant or the County as such end use or uses may require additional zoning and review for approval. Element 4 shall include the all the information required in Element 3: Reclamation Plan (Final Land Form).

      7.   Operation Requirements.

         a.   Existing trees, shrubs, and other types of woody vegetation along road frontages shall be protected and maintained. Weeds and other unsightly noxious vegetation shall be cut or trimmed as necessary to present a neat appearance and prevent the hazard of grass fires.

         b.   No earth extraction and/or mining operation(s) is permitted to operate in such a manner that the groundwater table of surrounding properties is adversely impacted. In the case of mining operations, water pumped from the site for the purpose of washing shall be retained in a pond until the silt and clay settles and then the water recycled in the area affected. Groundwater quality shall be monitored and maintained on a regular basis in accordance with monitoring practices. Groundwater monitoring parameters are established in subsection P.8. below (Groundwater Monitoring). Monitoring reports are to be conducted on January 30, April 30, July 30 and October 30 of each year that the operation continues and submitted to the Zoning Enforcement Officer.

         c.   If the subject areas front on a township road used for site access, the owner, at commencement of operations, shall bring that township road up to the paving standards required by this Ordinance from the entrance of the subject area to the nearest federal, state, or County road used by the operator. The owner shall repair any section of road damaged as a result of hauling operations, but is not responsible for the normal wear and tear of the road. This provision does not require the operator to purchase additional right-of-way.

         d.   All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements and wells, and damage to any street by slides, sinking, or collapse of supporting soil adjacent to an excavation.

         e.   The following apply to earth extraction and/or mining conditions only:

            (1)   Earth extraction and/or mining operation(s) that remove and do not replace the lateral support shall be located a minimum of thirty (30) feet from property lines, established right-of-way lines of any public roads, streets, or highways unless a lesser distance is mutually agreed to by the owner and adjacent property owner and submitted in writing.

            (2)    The bottom of the slope of the excavated face shall be no closer to the point determined in subsection P.7.e.(1) above, than a distance equal to one and one-half (1½) times the depth of the excavation.

            (3)   If consolidated materials occur in the excavated face, the slope of the face may be steeper than one and one-half (1½) to one (1) slope per subsection P.7.e.(2) above for the depth(s) of those materials, however all other excavated slopes of unconsolidated materials are limited to one and one-half (1½) to one (1) slope.

            (4)   In the case that the right-of-way has not been recently surveyed by a registered land surveyor and clearly marked, the right-of-way line is assumed to be, for the purpose of this section, a minimum of forty (40) feet from the centerline of the existing road.

         f.   All active operations shall be separated by an earthen berm no less than six (6) feet in height and/or a farm fence of no less than fifty-four (54) inches in height, and designed to allow the free flow of wild animals, but discourage trespassing by humans and farm animals. Berms that remain in place for one (1) year or longer shall be planted with grass, shrubs, and trees, and maintained as a visual and acoustical screen. They shall be designed so that they do not erode into the road or highway right-of-way or onto a contiguous property. All berms located along roadways must comply with all applicable state regulations.

         g.   The processing and stockpiling of aggregate resources is prohibited within three hundred (300) feet of the property line of any contiguous property in a residential zoning district.

         h.   The hours of operation for all activities, other than maintenance functions, are restricted to 5 a.m. to 9 p.m. from April 1 until October 31. The remainder of the year, the hours of operation are restricted to 6 a.m. to 6 p.m. In emergency situations, operations are permitted at times otherwise prohibited. An emergency situation, for the purpose of this section, is any operation necessary to provide repairs to roadways or provide other materials and assistance that, if delayed until normally permitted hours, would cause injury or loss of life or property. Any emergency operation or activity under this section shall be immediately reported to the McHenry County Sheriff’s Department and reported to the Zoning Enforcement Officer the next business day.

         i.   Operations shall be conducted so that noise levels and air and water standards comply with federal and State of Illinois requirements.

         j.   Access ways and on-site roads shall be maintained in a dust-free condition.

         k.   The premises shall be neat and orderly, free from junk, trash, or unnecessary debris. Buildings shall be maintained in a sound condition and in good repair and appearance. Salvageable equipment stored in a non-operating condition shall be suitably screened or garaged.

         l.   Enough topsoil shall be stockpiled to meet the required finished conditions.

         m.   No operations may occur on the property without an Annual Operations Permit issued by the Zoning Enforcement Officer. The operations permit may be for less than the total area proposed. The construction of access or haul roads, building and landscape of required berms, and other site improvements required for site preparation do not require an Annual Operations Permit.

         n.   At all times, the owner shall take adequate measures to insure that contaminated surface water run-off does not enter ponds, streams, wetlands, or other areas of open standing water.

         o.   The owner shall take adequate measures within the site to insure that trucks, exiting the site on roadways, do not discharge earth materials or debris on the roadway.

         p.   The Zoning Enforcement Officer, or a duly authorized representative, has the free right of access to the subject property for the purpose of inspections, making water level measurements, obtaining water or material samples, and for gathering other information necessary for the proper discharge of responsibilities.

         q.   The owner is assessed an annual fee to pay for compliance monitoring based on costs.

      8.   Groundwater Monitoring.

         a.   General Requirements.

            (1)   The cost of setting up a groundwater monitoring network, monitoring and any remedial action to remedy contamination caused by the earth material extraction site is the responsibility of the owner.

            (2)   The owner shall notify the Zoning Enforcement Officer at least twenty-four (24) hours prior to sampling of the time and day that groundwater samples will be taken.

            (3)   The Zoning Enforcement Officer, in conjunction with the Department of Health, reserves the right to enter the earth materials extraction site at all reasonable hours to collect samples or to co-sample any monitoring well.

            (4)   Upon renewal of a conditional use permit for an existing earth extraction operation or upon approval of a conditional use permit for a new earth extraction operation a baseline PNA (Polynuclear Aromatics) shall be conducted.

         b.   Monitoring Well Requirements.

            (1)   For operations that currently exist pursuant to a previously issued conditional use permit by the County Board, the current groundwater wells will be used to meet the groundwater monitoring requirements.

            (2)   Those earth extraction operations that are not required to conduct groundwater monitoring as of the date of adoption of this Ordinance shall establish site specific geology, aquifers and groundwater flows by a qualified professional hydrogeologist. Monitoring well locations shall be representative of the aquifer(s) impacted by the earth material extraction operation. There shall be a minimum of one (1) up-gradient and two (2) down-gradient wells established. The location, number of wells, and depth(s) shall be contingent on the hydrogeological evaluation. Construction techniques and materials used shall be those consistent with acceptable standards for groundwater monitoring wells. Plans for placement, materials and construction details shall be submitted in writing by the hydrogeologist to the Zoning Enforcement Officer prior to construction. Monitoring wells shall not be modified, deepened, or relocated without the prior approval of the Zoning Enforcement Officer.

            (3)   Monitoring wells shall not be obstructed and shall remain accessible at all times for sampling.

            (4)   Monitoring wells shall be maintained in good condition as designed and constructed and shall be protected from vehicular traffic.

            (5)   Monitoring wells that have an insufficient quantity of water to conduct sampling for two (2) consecutive sampling events shall be deepened or relocated as approved by the Zoning Enforcement Officer to yield groundwater samples.

         c.   Sampling Frequency and Parameters.

            (1)   Quarterly sampling shall be for those parameters listed in the general groundwater quality and contamination indicators in Table 16.56-1: General Groundwater Quality Indicators. Results shall be provided in an electronic format to the Zoning Enforcement Officer within forty-five (45) days of the sampling.

            (2)   When sample results confirm an exceedance of chloride, nitrate or ammonium nitrogen, or a detection of benzene, toluene, ethylbenzene or xylene, the monitoring well shall be re-sampled for that parameter within thirty (30) calendar days with a copy of the results provided in an electronic format to the Zoning Enforcement Officer within fourteen (14) calendar days of the sampling.

            (3)   Sampling of chloride, nitrate, pH, ammonium nitrogen, and specific conductance, may be reduced to annual subsequent to establishment of the background groundwater quality if there have been no exceedances of chloride, nitrate, or ammonium nitrogen for the most recent full year of sampling.

            (4)   Sampling of benzene, toluene, ethylbenzene and xylene may be reduced to annual subsequent to establishment of the background groundwater quality if there have been no detections of benzene, toluene, ethylbenzene, and xylene for the most recent full year of sampling.

            (5)   In the event of an exceedance of chloride, nitrate, or ammonium nitrogen, the sampling frequency for that parameter shall return to quarterly.

            (6)   In the event of a detection of benzene, toluene, ethylbenzene, or xylene, the sampling frequency for that parameter shall return to quarterly.

            (7)   Where asphalt batching, concrete mixing, or where petroleum products or other hazardous chemical storage takes place, the Zoning Enforcement Officer reserves the right to request additional parameters to be tested.

            (8)   Additional water sampling parameters or frequency may be required if water contamination is indicated. This will be determined by the Zoning Enforcement Officer in conjunction with the Department of Health and the owner. The Zoning Enforcement Officer will notify the owner of the modified sampling parameters required.

            (9)   Water samples are to be taken and tested by Illinois Environmental Protection Agency approved methods and procedures and protocol. The test wells shall be purged two (2) times the volume of the well before the sample is drawn.

            (10)   In the event that an exceedance of chloride, nitrate, or ammonium nitrogen is due to natural background, resulted from an error in sampling, analysis, or evaluation, or does not exceed the MCLs (maximum contaminant levels) set forth in Table 16.56-1 and does not cause adverse health effects, the Zoning Enforcement Officer may, after consultation with the Department of Health, allow the sampling frequency to be reduced to annual.

            (11)   In the event that an exceedance of chloride, nitrate, or ammonium nitrogen is due to natural background or does not exceed the MCLs set forth in Table 16.56-1 and does not cause adverse health effects, the Zoning Enforcement Officer may, after consultation with the Department of Health, waive the requirement to resample the monitoring well within thirty (30) calendar days.

         d.   Corrective (Remedial) Action.

            (1)   Corrective action shall take place if a constituent is detected at or above the groundwater quality standard level contained in Table 16.56-1 or the background water quality is exceeded by three (3) standard deviations. Corrective action shall include an inspection of the site by a qualified professional hydrogeologist to evaluate and identify any potential up-gradient, on-site, and down-gradient sources of contamination.

            (2)   Background water quality shall be established by sampling one or more monitoring points at depths and locations sufficient to yield groundwater samples that are representative of background water quality. Background groundwater quality for indicator parameters shall be determined by averaging a minimum of eight (8) sample results (over the normal two-year (2-year) sample period) for each well. The Zoning Enforcement Officer, in conjunction with the Department of Health, may exclude any sample result that is non-representative of background water quality.

            (3)   Standard deviation for a group of samples is equal to the square root of: the value of the sum of the squares of the difference between each sample in the sample group and the mean for that sample group divided by the number of samples in the sample group.

            (4)   Investigative and corrective action shall begin to take place immediately upon receipt of reports which indicate contamination unless the Zoning Enforcement Officer specifies in writing upon application of the owner or operator wherein the owner or operator has demonstrated clearly to the Zoning Enforcement Officer in conjunction with the Department of Health that one of the following has occurred:

               (a)   The source of contamination is due to natural background.

               (b)   The detection resulted from error in sampling, analysis, or evaluation.

            (c)   The contamination will not exceed the MCLs set forth in Table 16.56-1, the contaminants do not cause adverse health effects, and all actions have been undertaken to ensure the degree and extent of contamination is reduced.

            (d)   The contamination is a result of contaminants remaining in groundwater from a prior release for which corrective action was undertaken in accordance with instructions from the appropriate agency.

            (e)   The contamination is from a release up-gradient of the monitoring wells and is clearly not from any activities on the site.

         (5)   Corrective action shall be to remediate the contamination to below the action levels established herein and to strive to re-establish groundwater quality levels similar to up-gradient groundwater quality. The cost of this remediation shall be borne by the party that caused the contamination to be introduced. If it is determined that the contamination is a result of the owner’s operation, the owner shall be responsible for the cost.

TABLE 16.56-1: GENERAL GROUNDWATER QUALITY INDICATORS
General Indicators	Primary Standards	Secondary Standards
Chloride	250 mg/l
Nitrate (As N)	10 mg/l
Ph		< 6.5—8.5 >
Ammonium Nitrogen		< 1.5
Specific Conductance		850 umhos/cm
Benzene	0.005 mg/l
Toluene	1.0 mg/l
Ethylbenzene	0.7 mg/l
Xylene (Total)	10.0 mg/l
Polynuclear Aromatics (PNA)Chemical Compound	Primary Standards
Acenaphthene	0.42 mg/L
Acenephthylene*	0.023 mg/L
Anthracene	2.1 mg/L
Benzo (a) anthracene	0.00013 mg/L
Benzo (b) fluoranthene	0.00018 mg/L
Benzo (k) fluoranthene	0.00017 mg/L
Benzo (a) pyrene	0.0002 mg/L
Benzo (g,h,i) perylene*	0.0076 mg/L
Chrysene	0.0015 mg/L
Dibenzo (a,h) anthracene	0.0003 mg/L
Fluoranthene	0.28 mg/L
Fluorene	0.28 mg/L
Indeno (1,2,3-c,d) pyrene	0.00043 mg/L
Naphthalene	0.025 mg/L
Phenanthrene*	0.0064 mg/L
Pyrene	0.21 mg/L
Groundwater levels shall be measured in feet to one decimal place each time a sample is taken. The Standards will be updated based on USEPA recommendations.

 

         e.   Cessation of Monitoring.

            (1)   Upon completion of extraction and reclamation and acceptance of the completion of these items by the Zoning Enforcement Officer, the owner/operator shall be responsible for ground water testing for one year. Remediation shall be the responsibility of the owner. The County shall continue to hold the letter of credit/bond for reclamation until one (1) year has expired.

            (2)   After the one-year (1-year) monitoring period has been completed monitoring wells must be sealed per the requirements of the McHenry County Public Health Ordinance under a permit issued by the Department of Health at a cost to be borne by the operator.

      9.   Enforcement.

         a.   The Zoning Enforcement Officer, in conjunction with other appropriate departments, will review annually each earth extraction and/or mining conditional use permit. In addition to the reclamation plan and map, the owner shall provide the Department of Planning and Development with an annual aerial photo of the total operation, enlarged to a scale of one inch to one hundred feet (1"=100') or other scale that would adequately display the property affected on a thirty-inch (30") square format. All aerial photos shall meet Department of Planning and Development standards. The first photo shall be taken during the first year in operation and subsequent photos taken in the same month of the following years. Each year's photo shall be presented at the same scale for the purpose of comparison. Photos or contracts for photos shall be submitted prior to the issuance of the Annual Operating Permit.

         b.   If it is determined that the operator is not in substantial compliance with this Ordinance, the bonding requirements, the simultaneous reclamation and operation statement, or the reclamation plan/map, the Zoning Enforcement Officer will issue a stop work order on all operations other than reclamation work needed to bring the operation into compliance.

         c.   Every five (5) years, at the time of the annual review, bonding, release of bond, and re-bonding will be checked as specified in this section. In addition, the owner shall provide the Zoning Enforcement Officer with a topographic survey with two-foot (2') contours, at the same scale as the aerial photo. The topographic survey shall show the status of existing conditions on the subject site. The Zoning Enforcement Officer, in conjunction with the Department of Planning and Development, will prepare a report and submit it to the Planning and Development Committee for their review.

         d.   Before release of a bond, an on-site inspection of the acreage reclaimed shall be made by the Zoning Enforcement Officer in conjunction with other appropriate departments to check for compliance with the reclamation plan and any additional conditions of the conditional use permit. A random count procedure will be used to check seeding, plantings, and depth of topsoil.

   Q.   Fairground.

      1.   Fairgrounds must be a minimum of forty (40) acres in size.

      2.   All structures must be set back fifty (50) feet from any lot line.

      3.   All parking areas must be set back twenty (20) feet from any lot line.

      4.   Accessory structures and uses consistent with the operations of a fairground, such as structures and stalls for retail sales, games, and exhibitions, are permitted. Such accessory uses are permitted to operate only when events are held at the fairground.

      5.   At fairgrounds, horse racing events of all types, including horse racing spectator sport event for a commercial purpose, shall be permitted.

   R.   Farmstand.

      1.   Farmstands are permitted on lots or parcels used for agricultural operations and on lots or parcels in the commercial zoning districts regardless of the presence of agricultural operations.

      2.   In zoning districts other than residential zoning districts the following standards apply.

         a.    Farmstands may sell raw fruits and vegetables without limitation as to the source of the items.

         b.   Farmstands may sell nursery stock, eggs, meat, and dairy products produced on property owned or operated by the farmstand owner or operator.

         c.   Farmstands may sell honey and prepared foods as allowed by the Illinois “Home Kitchen Operation” section of the Food Handling Regulation Enforcement Act (410 ILCS 625/3.4).

         d.   Farmstands may sell agricultural crafts.

         e.   Farmstands shall not sell any other items not specified above.

      3.   In residential zoning districts, farmstands shall only sell raw fruits, vegetables, and eggs produced on the property where the farmstand is located.

      4.   All food products shall be prepared and handled in accordance with all applicable state and County regulations. Any sales of food products shall meet all rules and regulations and require approval of the Department of Public Health.

      5.   Farmstand operations may be conducted out of an agriculture exempt building with approval of the applicable fire district.

   S.   Flea Market.

      1.   Temporary stalls or tables for the sale of their products are permitted.

      2.   Sales may involve new and/or used items.

      3.   Any sales of food products shall meet all rules and regulations and require approval of the Department of Public Health.

      4.   Individual sellers at the flea market need not be the same each time the market is in operation.

   T.   Government Facilities. A thirty (30) foot setback is required along all interior side and rear lot lines, unless a larger setback is required by the zoning district regulations, for such facilities.

   U.   Greenhouse/Nursery Business.

      1.   All greenhouses and associated buildings shall meet building setback requirements for the zoning district in which they are located.

      2.   In the agricultural zoning districts, customer access shall be limited to Farmstands that meet the standards of subsection R. above (Farmstand), except that customers may access nursery areas and enter greenhouse structures as necessary for the selection of products.

      3.   In the commercial zoning districts, customer access shall be limited to Farmstands that meet the standards of subsection R. above (Farmstand), except that customers may access nursery areas and enter greenhouse structures as necessary for the selection of products. Additional retail and office structures may be utilized, provided they comply with all applicable building code requirements.

      4.   In the agricultural zoning districts, only products grown on-site are permitted to be sold on-site, except for necessary potting and packaging materials.

      5.   Products grown on-site need not be produced from seeds or grafts. However, detectable growth or maturing of the plants or ripening of the fruits or vegetables must occur. Merely storing potted or balled plants on the ground or in a greenhouse does not meet the requirements of this provision.

      6.   A greenhouse/nursery business may include the vehicles, equipment, and materials necessary for the delivery and installation of nursery or greenhouse stock on customer properties without requiring a conditional use permit. However a greenhouse/nursery business may not provide other landscape business services unless it obtains a conditional use permit, if required, and meets the use standards for a landscape business.

   V.   Horse Stable.

      1.   In the agricultural and estate districts, the minimum lot size is two (2) acres. In all other zoning districts, the minimum lot size is five (5) acres.

      2.    A maximum of three (3) horses may be maintained on a two-acre (2-acre) parcel. An additional gross lot area of fourteen thousand (14,000) square feet is required for each additional horse over eight (8) months of age on lots or parcels up to five (5) acres in area. Lots or parcel of five (5) or more acres are not subject to a minimum lot area per horse.

      3.   The following activities are permitted as part of the operation of a horse stable:

         a.   Riding lessons.

         b.   Boarding horses.

         c.   Renting horses for recreational riding.

         d.   Horse shows, which may be conducted without a temporary use permit. Horse shows exclude Horse Racing Spectator Sport for a Commercial Purpose.   

         e.   Therapeutic riding.

         f.   Training.

         g.   Educational equestrian clinics.

      4.   Horse stable structures may be considered agricultural exempt structures.

   W.   Hotel/Motel.

      1.   A hotel/motel requires a license from the County to operate. All licenses to operate shall be prominently displayed in the office of the hotel/motel.

      2.   Every hotel/motel requires an attendant on duty at all times. The attendant shall maintain the hotel/motel, its facilities and any equipment in a clean, orderly, and sanitary condition.

      3.   A minimum area of three hundred (300) square feet is required for each hotel room. An additional fifty (50) square feet is required if cooking facilities are provided.

   X.   Kennel - Commercial /Animal Care Shelters.

      1.   All Commercial Kennels and any Animal Care Shelter that accepts dogs shall meet the standards of this section.

      2.   The applicant must provide a report to the McHenry County Department of Health to describe how the proposed kennel will provide sanitary disposal, solid waste disposal, and noise control. The report shall be approved by the McHenry County Department of Health prior to approval of the use.

      3.   A site plan shall be submitted showing the location of structures, exercise yards, pens, landscape features, fences, and any additional noise buffer or visual screening elements.

      4.   All kennel structures shall meet all applicable requirements of the building code and sound attenuated to minimize animal noise.

      5.   Exercise yards, when provided for training or exercising, are restricted to use from dawn to dusk.

      6.   All kennel structures and exercise yards shall be set back a minimum of one hundred (100) feet from all lot lines.

   Y.   Landing Area, Restricted/ Landing Area, Restricted – Personal Use.

      1.   The facility shall meet all standards of the United States Department of Transportation, Federal Aviation Administration and the Illinois Department of Transportation, Division of Aeronautics for the class of facility proposed, and be designed and constructed in accordance with all state and federal rules and regulations.

      2.    A site of five (5) acres or more is required for any facility if it is not restricted to personal use.

      3.   Commercial parachute operations, flight instruction, and fly-In events are prohibited, except for as provided for in Illinois Department of Transportation regulations.

      4.   Aircraft service facilities, such as hangars, fuel and aircraft maintenance facilities, and pilot and passenger facilities are limited to facilities necessary for the use of the owner and his/her invited guests.

      5.   The use of a Restricted Landing Area – Personal Use is limited to use of the owner and his/her invited guests free of charge.

   Z.   Landscape Business.

      1.   Storage areas shall be restricted to those areas so designated on the site plan.

      2.   All landscape business vehicles and equipment shall be stored entirely within an enclosed structure or in a permitted exterior storage area.

      3.   Preparation, assembly, and processing of materials shall occur wholly indoors or within the permitted exterior storage area only.

      4.   Storage shall be limited to vehicles, equipment, and materials owned or leased by the property owner or tenant.

      5.   All vehicles stored on-site must have current plate registration.

      6.   All structures utilized by the Landscape Business must meet all applicable building codes for the occupancy category.

      7.   Vehicle oil changes and maintenance shall occur only inside of an enclosed structure meeting all applicable building and plumbing codes.

      8.   On-site retail sales are prohibited, except as allowed by a Greenhouse/Nursery Business.

      9.   The collection and storage of landscape waste at the facility shall be limited to tree branches two (2) inches or greater in diameter, free of leaves, to be used as raw material to produce a legitimate product (i.e. firewood, mulch, wood chips), so long as it is processed in a reasonable amount of time, as determined by the Illinois Environmental Protection Agency Bureau of Land Permit Section.

      10.   A landscape business shall not store asphalt paving equipment or supplies.

      11.   Storage of pavement de-icing agents shall comply with § 16.56.050E. (De-Icing Agent Storage).

      12.   Employee parking shall be provided in accordance with Chapter 16.64 (Off-Street Parking and Loading).

      13.   Employee bathrooms shall be provided in accordance with the McHenry County Public Health Ordinance and Illinois State Plumbing Code.

      14.   All storage areas, parking areas, and buildings shall comply with required setbacks for the zoning district.

   AA.    Landscape Waste Composting Facility.

      1.   The operation of a landscape waste composting facility is prohibited unless all permits required by the Illinois Environmental Protection Agency (IEPA) have been obtained and are maintained. A copy of the landscape waste composting permit application submitted to the IEPA, or written evidence stating that the permit is not required from the IEPA, must be submitted to the County with the conditional use permit application. Final IEPA permit approval, if required, must be obtained prior to commencing operations.

      2.   A landscape waste composting facility may compost animal waste if allowed under the Illinois Environmental Protection Agency permit.

      3.   IEPA Permitted Landscape Waste Compost Facilities shall meet all requirements of Illinois Administrative Code Title 35, Subtitle G, Part 830, 831, and 832.

      4.   IEPA Permitted Landscape Waste Compost Facilities shall meet the following additional standards:

         a.   The landscape waste composting facility shall be a minimum of ten (10) acres.

         b.   The site shall be screened and include acoustical shielding.

         c.   Except in the industrial zoning districts, the hours during which landscape waste may be accepted are restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday.

   BB.   Marina.

      1.   All marinas require site plan review.

      2.   A minimum site of two (2) acres is required.

      3.   All buildings shall be set back at least twenty-five (25) feet from all lot lines, unless a greater setback is required by the zoning district regulations. However, boathouses, boardwalks, piers, and fueling facilities shall be permitted a waterfront set back of zero (0) feet.

      4.   Any boat construction and/or engine repair shall be conducted indoors.

   CC.   Cannabis Dispensary, Cannabis Craft Growers, or Cannabis Cultivation Center.

      1.   All Cannabis Dispensaries, Craft Growers and Cultivation Centers shall comply with all state rules and regulations.

      2.   Cannabis Dispensaries shall comply with the following:

         a.   Cannabis Dispensaries shall be registered by the Illinois Department of Financial and Professional Regulation.

         b.   Cannabis Dispensary shall not be located within one thousand (1,000) feet of the property line of a pre-existing public or private preschool, elementary school, or secondary school, or RESIDENTIAL CARE FACILITY providing addiction recovery services.

         c.   Cannabis Dispensaries shall implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.

      3.   Cannabis Craft Growers shall comply with the following:

         a.   Cannabis Craft Growers shall be registered by the Illinois Department of Agriculture.

         b.   Cannabis Craft Growers shall only be located within the Agricultural zoning districts and shall not be located within two thousand five hundred (2,500) feet of the property line of a pre-existing public or private preschool, elementary school, or secondary school.

         c.   All cultivation of cannabis shall take place in an enclosed locked facility.

      4.   Cannabis Cultivation Centers shall comply with the following:

         a.   Cannabis Cultivation Centers shall be registered by the Illinois Department of Agriculture.

         b.   Cannabis Cultivation Center shall not be located within two thousand five hundred (2,500) feet of the property line of a pre-existing public or private preschool, elementary school, or secondary school, or an area zoned for residential use.

         c.   All cultivation of cannabis shall take place in an enclosed locked facility.

      5.   CANNABIS CRAFT GROWER and CANNABIS CULTIVATION CENTER may include ACCESSORY CANNABIS TRANSPORTING, ACCESSORY CANNABIS PROCESSING, and ACCESSORY CANNABIS INFUSING.

   DD.   Mobile Home Park. The design and operation of mobile home parks is governed by the following requirements:

      1.   All mobile home parks require site plan review.

      2.   Every mobile home park requires an attendant on duty at all times. The attendant shall maintain the park, its facilities and any equipment in a clean, orderly and sanitary condition.

      3.   Each mobile home shall be allotted a site of not less than three thousand five hundred (3,500) square feet. Boundaries of each mobile home site shall be clearly marked.

      4.   No mobile home shall be parked closer than seven and one-half (7½) feet to the side lot lines of a mobile home park, or closer than fifteen (15) feet to the front or rear lot line.

      5.   There shall be an open space of at least fifteen (15) feet between the sides of mobile homes and at least twenty (20) feet between the ends of mobile homes. Bay windows, porches, canopies, or other projections are considered sides or ends of a mobile home when determining these requirements. Such projections, such as porches and canopies, shall be constructed of fireproof material that meets the requirements of the building code.

      6.   Each mobile home site shall have a concrete slab or runway for the mobile home to set on, and be of a size large enough to accommodate a mobile home in such a fashion that the concrete will extend at least one (1) inch around the mobile home on all sides.

      7.   There shall be a concrete slab alongside of each mobile home site of at least twelve (12) feet by thirty (30) feet to be used as a parking space for the occupants of the mobile home. If a canopy is to be used over the area designated as car storage, it must be of fireproof material and allowed only at the rear end of each carport area.

      8.   The concrete slab used for both trailer and carport shall be a six-inch (6") reinforced concrete slab poured over a base of compressed gravel, the minimum thickness of which is at least eight (8) inches.

      9.   All skirts around mobile homes shall be constructed of fireproof material that meets the requirements of the building code.

      10.   All street and driveways in every mobile home park must be constructed and maintained at least thirty (30) feet in width with twenty (20) feet of hard pavement surface applied over eight (8) inches of crushed compact gravel.

      11.   All buildings constructed within the mobile home park shall meet building code regulations.

      12.   A sufficient number of adequate fly-proof and watertight containers shall be supplied for the storage of garbage. Garbage containers shall be emptied at least every three (3) days and shall not be filled to overflowing, or allowed to become foul smelling or a breeding place for flies. Adequate insect and rodent control measures shall be employed. All buildings shall be fly- and rodent-proof, and rodent harborages must be eliminated.

   EE.   Off-Premises Commercial Advertising Sign. The following standards apply to all off-premises commercial advertising signs, unless more restrictive standards are required by the state. All off-premises commercial advertising signs shall be measured in accordance with the standards of § 16.72.050 (Sign Dimension Computations).

      1.   No off-premises commercial advertising sign may be located within one hundred (100) feet of any residential zoning district or residential structure located in an agricultural zoning district. When an off-premises commercial advertising sign one hundred and fifty (150) square feet or larger in size is located within five hundred (500) feet of a residential zoning district, or within five hundred (500) feet of a residential structure within an agricultural zoning district, a conditional use permit is required.

      2.   Each off-premises commercial advertising sign must be located at least three hundred (300) feet from another off-premises advertising sign.

      3.   Off-premises commercial advertising signs must be located at least five (5) feet from any side lot line and ten (10) feet from a street lot line.

      4.   Off-premises commercial advertising signs are limited to a maximum height of thirty-five (35) feet, as measured from the grade of the roadway.

      5.   Off-premises commercial advertising signs are limited to a maximum sign area of two hundred sixty (260) square feet unless the sign is oriented to an Interstate Highway with a posted speed limit in excess of fifty five (55) miles per hour, in which case the maximum sign area is four hundred (400) square feet.

      6.   Off-premises commercial advertising signs are limited two (2) sides placed either back-to-back or in a V-type configuration, provided that the angle between V-type mounted sign faces does not exceed forty-five (45) degrees. If the angle between two (2) sign faces is greater than forty-five (45) degrees, the sign area is computed as the sum of the areas of the two (2) faces (see Figure 16.72-3).

      7.   Off-premises commercial advertising signs shall be maintained in sound structural condition and shall comply with all building and electrical codes.

      8.   Off-premises commercial advertising signs shall not create obstacles or traffic hazards by distracting or confusing motorists, impairing motorists’ ability to see pedestrians, read other traffic signs, or see other vehicles.

      9.   A conditional use permit is required for all digital off-premises commercial advertising signs. In addition, digital off-premises commercial advertising signs must meet the following standards:

         a.   Each message or image displayed on a digital off-premises commercial advertising signs must be static or depicted for a minimum of ten (10) seconds. Animation, streaming video, and images that move or give the appearance of movement are prohibited.

         b.   A digital off-premises commercial advertising sign must not exceed a maximum illumination of three-tenths (0.3) footcandles above the ambient light level when measured from a distance equal to the square root of the square footage of the sign multiplied by one hundred. (measurement distance = ( sign area) x 100) All digital off-premises commercial advertising signs must have ambient light monitors installed, which automatically adjust the brightness level based on ambient light conditions.

         c.   In response to complaints, the Zoning Enforcement Officer may require that the owner of a digital off-premises commercial advertising sign submit a certification demonstrating that the sign complies with the maximum illumination standards.

         d.   All digital off-premises commercial advertising sign must be programmed to automatically revert to a full black screen in the event of a malfunction.

         e.   Conversion of an existing non-digital off-premises commercial advertising sign to a digital off-premises commercial advertising sign is subject to the following:

            (1)   A conforming off-premises commercial advertising sign may be converted to a digital sign with approval of a conditional use permit.

            (2)   A nonconforming off-premises commercial advertising sign within a district that permits such signs may be converted to a digital off-premises commercial advertising sign if the nonconformity is remedied (i.e., the sign is brought into compliance) and a conditional use permit is approved.

            (3)   A nonconforming off-premises commercial advertising sign within a district that does not permit such signs may not be converted to a digital off-premises commercial advertising sign.

      10.   The owner of a digital off-premises commercial advertising sign shall provide the County with space for public service announcements including Amber Alerts, weather related evacuations, or other emergency situations.

      11.   An off-premises commercial advertising sign may be utilized to display a noncommercial message under the same standards as the display of a commercial message, unless otherwise allowed or restricted by State laws including, but not limited to, the Illinois Election Code and/or 10 ILCS 5/1-1 et seq. as enforced by State Board of Elections or other appropriate officials.

   FF.   Place of Worship.

      1.   All places of worship require site plan review.

      2.   The location of entrances, exits, and parking facilities shall be designed in compliance with the McHenry County Access Control and Right-of-Way Management Ordinance and designed to minimize traffic congestion. Circulation systems and off-street parking shall be designed to provide adequate and safe access to the site for motor vehicles and minimize potentially dangerous traffic movements.

   GG.   Pollution Control Facility. All pollution control facilities shall comply with the Pollution Control Facility Siting Ordinance of McHenry County.

   HH.   Food Processing with Animal Slaughter

      1.   No animal slaughter operation may be located on a parcel within five hundred (500) feet of any residential zoning district or residential structure located in an agricultural zoning district.

      2.   Live animals may be held on the site for no more than twenty-four (24) hours.

      3.   All slaughtering/processing is permitted only in an enclosed building.

      4.   All applicable federal, state, and county rules and regulations shall apply.

      5.   The facility shall satisfy all requirements of the McHenry County Health Ordinance and applicable building codes.

   II.    Power Production (Gas or Coal). The following requirements apply to utility power producers with a generating capacity of ten (10) megawatts or greater, excluding solar farms and wind energy systems.

      1.   A site plan identifying all proposed buildings, towers, generators, transformers, and all other structures to be placed on the property in question shall be submitted as part of the application process. Details relating to site design include, but are not limited to, landscape, grading, screening, berming, ingress and egress, and parking. Natural features, such as mature tree stands, wetlands, flood hazard areas, topography, character and composition of vegetation and wildlife, or other prominent physical features on the property shall also be identified in relation to the proposed facility. Additionally, a land use inventory depicting the current use of properties within one-half (½) mile of the property in question is required. In the case where the site is a portion of a larger parcel, the half-mile (1/2-mile) delineation is measured from the boundaries of the larger parcel.

      2.   A visual impact assessment is required. Such an assessment shall identify aesthetic impacts of the proposed facility on the existing landscape and the proposed treatment of those impacts. Proposed treatment of visual impacts shall be graphically represented on the site plan. Screening and berming shall, at a minimum, comply with the requirements of this Ordinance.

      3.   Containment is required around transformers to control spillage. A Spill Prevention Containment and Control Plan shall be filed with the Zoning Enforcement Officer and McHenry County Emergency Management Agency prior to the issuance of a certificate of occupancy for the facility.

      4.   All chemicals, lubricants, and oils stored and/or used on-site shall be stored in sturdy containers that are durable, waterproof, and/or rust resistant with sufficient capacity to accommodate materials collected, and secured by some means to prevent unauthorized entry or removal of materials. All containers shall be covered, secured, and maintained in good condition. A list of all chemicals, lubricants, and oils along with any manufacturer’s specifications and data sheets shall be filed with the Zoning Enforcement Officer and McHenry County Emergency Management Agency prior to the issuance of a certificate of occupancy for the facility.

      5.   Groundwater used in the power generation process is limited to cased deep aquifer (St. Peter’s Sandstone Formation) wells. Process water usage shall be metered and consumption figures supplied to the Zoning Enforcement Officer on a monthly basis.

      6.   The petitioner shall submit, as part of the application process, a comprehensive groundwater study by an Illinois licensed geologist that identifies impacts of water consumption by the facility on both the deep and shallow aquifers. Additionally, impacts to any surface water features including, but not limited to, lakes, streams, wetlands, fens, ponds, marshes, or other surface water feature shall be identified. At a minimum, impacts to shallow and deep aquifers and surface water features within one-half (½) mile of the perimeter of the site shall be identified.

      7.   All process wastewater shall be contained and treated as required by applicable state or local laws.

      8.   The sound level shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. The applicant shall submit a noise impact study that identifies ambient noise levels within one and one-half (1½) miles of the property in question as well as an implementation plan for noise mitigation which meets or is below the criterion identified in this standard.

      9.   Air emissions and total hours of operation are regulated through permits issued by the Illinois Environmental Protection Agency (IEPA). Applicants shall secure construction permits through the IEPA prior to submission of an application. Facility operators shall continuously monitor air emissions during operation and report the monitoring results to the Zoning Enforcement Officer on a monthly basis. All costs associated with monitoring and reporting are at the expense of the owner of such facility and not the County. These hours of operation or emission standards cannot be altered through the use of emissions credits or other means aside from modification (e.g., reapplication) of the approved permit. Applicant shall submit an air impact analysis which identifies air quality in the vicinity of the property in question as well as a strategy for mitigation of emissions to enable the facility to operate at a level which meets or is below the limits established through IEPA permits.

      10.   If operations at any approved facility ceases for a period of twenty-four (24) consecutive months, removal of all equipment, structures, foundations, tanks, towers, fences, and berms is required and shall be completed within nine (9) months. The site shall be returned to its previous landscape as documented by the natural features identified in the site plan. A bond or letter of credit in the amount of one hundred fifty percent (150%) of an independent engineer's estimate of site clean-up and restoration shall be submitted to the Zoning Enforcement Officer prior to the issuance of a certificate of occupancy for the facility and maintained throughout the life of the permit. An annual affidavit of operation shall be filed with the Zoning Enforcement Officer not later than January 31 for each calendar year in which the facility is in operation.

      11.   All reports, studies, analysis, and plans required under these regulations shall be prepared by technically competent firms and/or individuals who possess a level of education, certification, experience, and expertise, or combination thereof, and are of capable of highly technical analysis and recommendation in each field of specialization.

      12.   To the extent that the property values of any residence within the vicinity of a facility are negatively affected, a property value protection program, with language as drafted and approved by the McHenry County State’s Attorney, may be required as a condition of approval. Implementation of such a program is the responsibility of the owner of such a facility and not the County.

      13.   The standards identified in this section represent the minimum standards and do not preclude the establishment of monitoring and compliance fees, host fees, development agreements, or other necessary and reasonable conditions as may be appropriate to a specific site or property.

   JJ.   Public Safety Training Facility.

      1.   The public safety training area shall be fenced to prohibit entrance onto the property by members of the public and signs posted at one-hundred-foot (100') intervals warning members of the public of the danger.

      2.   Any outdoor shooting range shall comply with the requirements of commercial outdoor shooting ranges of this chapter.

      3.   Areas designed for the execution of emergency and survival activities shall be located on a site of adequate size to accommodate said activities. Applicants are required to present evidence of the nature of activities to be conducted on the site in question at the time of hearing. Applicants are also required to present evidence of the protective measures to be employed at the site in question at time of hearing.

      4.   All buildings and outdoor training areas shall be set back at least thirty (30) feet from all lot lines, unless a greater setback is required by the zoning district regulations.

   KK.   Recycling Collection Center.

      1.   Compliance is required with all Illinois Environmental Protection Agency regulations and McHenry County ordinances.

      2.   All operations shall take place in a fully enclosed building, excluding the exterior storage of material.

      3.   All exterior storage of material shall be in sturdy containers that are durable, waterproof, and/or rust resistant with sufficient capacity to accommodate materials collected, and secured by some means to prevent unauthorized entry or removal of materials. All containers shall be covered, secured, and maintained in good condition.

      4.   The recycling collection center shall meet all lot area, parcel area, lot width, yard and bulk requirements, and landscape requirements of the underlying zoning district.

      5.   The site shall be maintained free of litter and undesirable materials and cleared of loose debris on a daily basis.

      6.   The recycling collection center may only accept segregated, non-hazardous, non-special, homogeneous, non-putrescible materials, such as dry paper, glass, cans, plastic, electronics, batteries, and other reusable items.

      7.   All activities shall comply with all IEPA regulations including, but not limited to:

         a.   Containers are emptied when full, or a minimum of every three (3) days.

         b.   Only containers with covers are permitted.

         c.   Drop-off facilities shall be located a minimum of two hundred (200) feet from the nearest residential dwelling.   

      8.   Sufficient space is provided on-site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. Space shall be provided for a minimum of ten (10) customers, or the peak load, as determined by the Zoning Enforcement Officer, whichever is higher. One (1) parking space is provided for each commercial vehicle based at and operated for the recycling center.

      9.   All recycling centers located within five hundred (500) feet of property zoned or occupied for residential purposes are prohibited from operating between the hours of 7:00 p.m. and 7:00 a.m.

      10.   Containers will be clearly marked to identify the type of material to be deposited. The center shall display a notice stating that no material can be left outside the recycling container.

      11.   Recycling collection centers shall be marked with a sign that clearly displays the name and phone number of the operator(s) and hours of operation. Identification, informational, and directional signs shall be installed in compliance with this Ordinance.

         a.   Power-driven processing equipment used for processing recyclables is prohibited, with the exception of balers, reverse vending machines, conveyors, and forklift equipment, which may be used to sort, clean, and move containers and palletized material.

   LL.   Recycling Processing Facility.

      1.   Compliance with the Illinois Environmental Protection Agency regulations and McHenry County ordinances is required.

      2.   Recycling processing facility may only accept segregated, non-hazardous, non-special, non-putrescible materials, such as dry paper, glass, cans, plastic, electronics, batteries, and other reusable items.

      3.   All activities shall comply with all Illinois Environmental Protection Agency regulations including, but not limited to:

         a.   Containers are emptied when full, or a minimum of every three (3) days.

         b.   Only containers with covers are used.

         c.   Drop-off facilities shall be located a minimum of two hundred (200) feet from the nearest residential dwelling.

      4.   Christmas trees may be collected and chipped into mulch or chips from December 26 through February of the following year. All chips or mulch shall be removed and used for landscape or other beneficial use.

      5.   Latex paint and used motor oil may be accepted for recycling at these facilities provided the materials are segregated, labeled and stored in a storage building which is lockable, vented, labeled, and located on a level intact asphalt or concrete surface. The receiving area for latex paint and used motor oil, including any storage building, shall be fenced at a minimum of seven (7) feet in height with gates to control entry at all times and secured during non-operational facility hours. Latex paint and used motor oil shall be placed inside a containment building at the close of each collection day. Latex paint and used motor oil shall be stored in containers approved by the Illinois Environmental Protection Agency and local fire and/or health officials.

      6.   Power-driven processing equipment is permitted.

      7.   The recycling processing facility shall meet all lot area, parcel area, lot width, yard and bulk requirements, and landscape requirements of the underlying zoning district.

      8.   All containers used for exterior storage of material shall be maintained in good condition.

      9.   The site shall be maintained free of litter and undesirable materials, and cleaned of loose debris on a daily basis.

      10.   Any unattended containers provided for collection of recyclable materials shall be of sturdy, rust resistant construction with sufficient capacity to accommodate materials to be deposited.

      11.   Material collection areas shall be kept free of litter and other undesirable materials. Containers shall be clearly marked to identify the type of materials to be deposited. The facility shall display a notice stating that no material can be left outside the containers.

      12.   Recycling processing facilities shall be marked with a sign that displays the name and phone number of the operators and hours of operation. Identification, information, and directional signs shall be installed in compliance with this Ordinance.

      13.   All recycling processing facilities located within five hundred (500) feet of property zoned or occupied for residential use are prohibited from operating between the hours of 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during normal business hours.

   MM.   Residential Care Facility.

      1.   Application for a residential care facility shall submit the following as part of use approval:

         a.   A statement of the exact nature of the facility planned and services to be offered, such as treatment of mental health issues, developmental disabilities, or drug addiction and rehabilitation.

         b.   Provide the facility’s maximum capacity, typical duration of stay, type and number of personnel to be involved in the daily operation of the facility, and any permanent residents or caretaker, if applicable.

         c.   The qualifications of the organization who will operate the facility. The type and number of personnel who will be involved in the daily operation of the facility.

         d.   A completed application form for the relevant state license or national accreditation to be sought by the organization.

         e.   A management plan that addresses unused pharmaceuticals in respect to disposal and wastewater and which incorporates relevant best management practices identified by the United States Environmental Protection Agency.

      2.   Prior to commencing operations, or at the earliest date possible, the facility shall obtain all applicable state, federal, and local licenses required for operation, and/or an applicable national accreditation. Such licensure and accreditation must be in effect and maintained in good standing at all times.

   NN.   Salvage Yard.

      1.   A salvage yard shall be completely enclosed along all lot lines by a solid fence, a minimum of eight (8) feet in height, with openings only for ingress and egress. Storage of any kind is prohibited outside the fenced area.

      2.   The salvage yard shall obtain a National Pollutant Discharge Elimination System permit for an industrial use.

      3.   The salvage yard shall develop and implement a Spill Prevention Containment and Control Plan in order to protect surface and groundwater from contamination.

      4.   The salvage yard shall develop and implement a groundwater monitoring plan in order to detect any groundwater contamination.

   OO.   Shooting Range, Outdoor – Commercial.

      1.   The outdoor shooting range, including the safety area, must be under the control of the operator of the range, by ownership or lease.

      2.   The layout of all handgun, rifle, shotgun, trap and skeet ranges shall conform to National Rifle Association standards with regard to layout and dimensions. The range proper shall be fenced in a manner so as to prohibit entrance onto the property by members of the public, and shall have signs posted at one-hundred-foot (100') intervals warning members of the public of the danger.

      3.   Ranges designed for the use of handguns and rifles shall provide berms at least twenty (20) feet high and six (6) feet thick at the top, made of soft earth or other material that is unlikely to cause ricochets, and containing no large rocks. Berms shall be located as follows:

         a.   Shotgun Ranges: No berms required.

         b.   Ranges for handguns and rifles not more powerful than .22 long rifle.

            (1)   Backstop - at least one hundred fifty (150) feet from the firing line.

            (2)   Lateral - not closer than thirty (30) feet from the firing line.

         c.   Ranges for rifles more powerful than .22 long rifle.

            (1)   Backstop - at least three hundred (300) feet from the firing line.

            (2)   Lateral - not closer than thirty (30) feet from the firing line.

      4.   The range shall be located on a site where an uninhabited downrange safety area is available. The required length of the safety area shall be as follows:

         a.   Shotgun Ranges – one thousand five hundred (1500) feet, provided that shot size is limited to #4 or smaller.

         b.   Ranges for handguns and rifles not more powerful than .22 long rifle – seven thousand (7,000) feet.

         c.   Ranges for rifles more powerful than .22 long rifle - thirteen thousand five hundred (13,500) feet.

         d.   The downrange safety area requirement for handgun and rifle ranges may be waived if the firing line is provided with overhead baffling meeting the standards of the National Rifle Association.

      5.    The safety area shall conform to National Rifle Association standards for the shape and width. The safety area shall have signs posted at intervals warning of the potential danger from stray bullets.

      6.    The range shall provide public bathroom facilities.

      7.   A sign is required on the range site listing allowable types of firearms, and stating the rules of operation of the range.

      8.   At least one (1) range supervisor shall be present at all times when firing is taking place. The supervisor shall be certified by the National Rifle Association for the type of shooting being supervised, and know and enforce all range rules.

      9.   At least one (1) range flag shall be flown whenever firing is taking place. The flagpole shall be at least eighteen (18) feet high, and the flag shall be bright red, forty (40) inches long, twenty (20) inches wide at the pole, and six (6) inches wide at the free end.

      10.   Everyone on the firing line is required to wear hearing protection and safety glasses.

      11.   The outdoor shooting range shall be covered by accident and liability insurance.

   PP.   Commercial solar energy facility. Conditional use permits for a commercial solar energy facility shall have no time limit, unless the use is abandoned as specified in subsection PP.4. below (Commercial solar energy facility: Abandonment), or the permit is revoked in accordance with § 16.20.040 I. (Revocation of Conditional Use Permits).

      1.   Application.

         a.   A threatened and endangered species consultation (EcoCAT) from the Illinois Department of Natural Resources is required at the time of conditional use permit application for any site that is five (5) acres or greater in size and currently in agricultural use or undeveloped.

         b.   A site plan shall be provided showing all improvements, including structures, fencing, power lines (above and below ground), lighting, and landscaping, at a detail sufficient to understand the location, height, appearance, and area.

         c.   All other application submittal requirements outlined in the Planning and Development Department Zoning Application Packet as published on the McHenry County Website.

      2.   Site design.

         a.   Solar panels, structures, and electrical equipment, excluding fences and power lines for interconnection, shall be erected no less than fifty (50) feet from any lot line and no less than one hundred fifty (150) feet from any residence, other than a residence on the same ownership parcel.

         b.   No structures, excluding power lines for interconnection, may exceed twenty (20) feet in height. Power lines shall be placed underground to the maximum extent possible.

         c.   Lighting must comply with § 16.60.020 (Exterior Lighting).

         d.   Solar panels shall have a surface that minimizes glare and shall comply with § 16.60.040D. (Lighting and Glare).

         e.   The facility shall be situated as to minimize impacts to woodlands, savannas, wetlands, drainage tiles, and encroachment into flood plains. All site development shall comply with the Stormwater Management Ordinance. Any damaged drainage tiles shall be repaired.

         f.   In order prevent erosion, manage run-off, and provide ecological benefit, the facility shall be planted with “low-profile” native prairie species, using a mix appropriate for the region and soil conditions per Illinois Department of Natural Resources (IDNR) standards, as amended from time to time.

         g.   Fencing shall be provided in compliance with the National Electrical Code, as applicable. The use of barbed wire must comply with § 16.56.050H.1.c. of this Ordinance

         h.   Any part of the facility that is within five hundred (500) feet of a NONPARTICIPATING RESIDENCE, or road right-of-way, shall be landscaped with an arrangement of native shrubs, subject to approval by the County Board, unless the facility is screened from view by existing vegetation.

         i.   Prior to building permit issuance, the operator shall prepare a landscape monitoring and maintenance plan to ensure the establishment and continued maintenance of the native prairie species, all installed landscape screening, and all existing vegetation that provides required landscape screening.

         j.   Prior to scheduled public hearing, the operator shall enter into an Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture (IDOA), as required by that department.

         k.   Prior to building permit issuance, the operator shall provide an executed road use agreement between the Applicant and the appropriate governing road and highway jurisdictions or the Illinois Department of Transportation (IDOT), showing approved entrances.

      3.   Safety.

         a.   Prior to construction, the operator shall prepare an emergency management plan acceptable to the County and the local fire district and shall be responsible for training of emergency personnel, as needed.

         b.   A sign shall be posted providing the name of the operator and a phone number to be used in case of an on-site emergency.

         c.   Access shall be granted, provided appropriate advance notice, for periodic inspection of the site by the County or the local fire district.

         d.   Damaged solar panels shall be removed, repaired, or replaced within sixty (60) days of the damage. The ground shall remain free of debris from damaged solar panels at all times.

      4.   Abandonment.

         a.   The COMMERCIAL SOLAR ENERGY FACILITY shall be considered abandoned if the operator fails to pay rent as specified in the Agricultural Impact Mitigation Agreement, or it ceases to generate electricity for a period of twelve (12) consecutive months. Reports of electrical power production shall be provided to the County upon request. An abandoned COMMERCIAL SOLAR ENERGY FACILITY must be decommissioned and removed within twelve (12) months from the time it is deemed abandoned. The operator may appeal in writing to the Zoning Enforcement Officer for an extension of time in order to remove the facility or to bring the solar farm back into operation.

      5.   Decommissioning. Decommissioning and removal of the COMMERCIAL SOLAR ENERGY FACILITY shall be the responsibility of the operator upon abandonment or revocation of the conditional use permit. All operators shall comply with the following:

         a.   Prior to building permit issuance, the operator shall prepare a decommissioning plan which shows the final site conditions after the COMMERCIAL SOLAR ENERGY FACILITY has been removed from the property. Decommissioning plans shall require removal of all solar panels, electrical equipment, poles, piles, foundations, and conduits (above and below ground). Access roads, fencing, groundcover, and landscaping may remain only by agreement of property owner.

         b.   Prior to building permit issuance, the operator shall submit an engineer's estimate of cost for decommissioning the facility and restoring the site in accordance with the approved decommissioning plan. Upon review and approval by the Zoning Enforcement Officer of the estimate, the operator shall obtain a bond, letter of credit, or other form of surety acceptable to the County to be held by the Department of Planning and Development in the amount of one hundred percent (100%) of the estimate. Provision of this financial assurance shall be phased in over the first eleven (11) years of the project's operation or as otherwise provided in accordance with the executed Agricultural Impact Mitigation Agreement.

         c.   During the operation of the facility, a new engineer’s estimate of cost for decommissioning shall be submitted every ten (10) years to the Department of Planning and Development. Upon approval of the estimated costs by the Zoning Enforcement Officer, a revised surety shall be provided to the Department of Planning and Development in the amount of one hundred percent (100%) of the new estimate.

   QQ.   Storage Yard.

      1.   Storage yards shall be located on sites of a minimum of one (1) acre in area.

      2.   A storage yard shall be completely enclosed by a solid fence, a minimum of six (6) feet in height, with openings only for ingress and egress along all lot lines adjacent to property not zoned for industrial use.

      3.   Outdoor storage areas shall be paved.

      4.   All storage yards require site plan review. Storage areas shall be restricted to those areas so designated on the site plan.

      5.   Preparation, assembly, and processing of materials are prohibited.

      6.   Storage shall be limited to vehicles, equipment, and materials owned or leased by the property owner or tenant.

      7.   All vehicles stored on-site must have current plate registration.

      8.   Vehicle maintenance, including changing oil, is prohibited.

      9.   All structures utilized in conjunction with the storage yard must meet all applicable building codes for the occupancy category.

      10.   On-site retail sales are prohibited.

   RR.   Towers and Antennas.

      1.   Class I and Class II. Towers and antennas are divided into Class I and Class II types.

         a.   Class I.

            (1)   Class I tower is a tower that does not exceed seventy-five (75) feet in height.

            (2)   A Class I antenna is an antenna attached to a structure that does not exceed the structure’s height by more than fifteen (15) feet. However, any antenna attached to an existing tower structure, whether Class I or Class II, is considered a Class I antenna.

         b.   Class II.

            (1)   A Class II tower is a tower that exceeds seventy-five (75) feet in height.

            (2)   A Class II antenna is an antenna attached to a structure, other than an existing tower structure, that exceeds the structure’s height by more than fifteen (15) feet.

      2.   Regulations for All Towers and Antennas. The following standards apply to all towers and antennas:

         a.   Towers shall either maintain a galvanized steel finish or, subject to any applicable Federal Aviation Administration (FAA) standard, be painted a color to reduce visual obtrusiveness, unless otherwise required by the FAA.

         b.   If the proposed site is within a one-mile (1-mile) radius of an existing tower, applicants shall present clear and convincing evidence as to why co-location is not possible.

         c.   All towers shall be equipped with an anti-climbing device or fence to prevent unauthorized access.

         d.   The plans of tower construction shall be certified by a State of Illinois registered structural engineer or registered architect.

         e.   All towers shall meet the standards of the Federal Aviation Administration and Federal Communications Commission.

         f.   Any structures constructed in association with the tower shall be compatible with the area in style and material.

         g.   A landscape plan is required.

         h.   All abandoned towers and associated facilities shall be removed within twelve (12) months of cessation of operations at the site. A copy of a signed lease that requires removal of the tower and associated facilities upon cessation of operation shall be submitted at the time of application for a building permit.

         i.   Any tower, the height of which exceeds the distance from such tower to the lot or parcel property lines, shall be constructed to withstand a minimum wind load of forty (40) pounds per square foot and surface areas at a wind speed of one hundred (100) miles per hour. Construction of any commercially manufactured tower, seventy-five (75) feet in height or less, which meets or exceeds this requirement as indicated by the manufacturer’s instructions, recommendations, and specifications will be considered to satisfy the provisions of this section.

      3.   Standards for Class II Towers and Antennas.

         a.   Class II towers and antennas are preferred to be sited in non-residential zoning districts.

         b.   Co-location of antennas on new and existing tower sites shall be considered before construction of additional single use towers.

         c.   To the extent possible, towers and antennas shall be located in areas where adverse impact on the community is minimal.

         d.   Configuration of towers and antennas shall be carefully designed, sited, landscaped, and screened in a way that minimizes the adverse impact through innovative camouflaging techniques.

         e.   Potential damage to adjacent properties from tower failure shall be minimized through engineering design and careful siting of structures.

   SS.   Towers and Antennas, Wireless Telecommunication.

      1.   A wireless telecommunications tower or antenna is permitted in any zoning district except on a lot in a residential zoning district that is less than two (2) acres in size and is used for residential purposes, unless a variation is granted by the County Board in accordance with § 16.20.030 (Variation To Wireless Telecommunications Standards).

      2.   When choosing a location, a telecommunications carrier shall consider the following:

         a.   A lot that is not in a residential zoning district is the most desirable location for a new tower if co-location is not possible.

         b.   A lot that is in a residential zoning district, but not used for residential purposes is the second most desirable location.

         c.   A lot that is in a residential zoning district, that is two (2) acres or more in size, and is used for residential purposes is the third most desirable location.

      3.   A telecommunications carrier shall consider the following when locating a wireless telecommunications tower and its facilities on a site:

         a.   No tower or facilities should encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.

         b.   No tower or its facilities may encroach onto an existing septic field.

         c.   Any tower or its facilities located in a special flood hazard area or wetland shall meet the legal requirements for those lands.

         d.   Existing trees more than three (3) inches in diameter should be preserved if reasonably feasible during construction. If any tree more than three (3) inches in diameter is removed during construction, a tree three (3) inches or more in diameter of a native species shall be planted as a replacement, if reasonably feasible.

      4.   The following design standards apply to all wireless telecommunications towers and antennas:

         a.   If any elevation of a tower or its facilities faces an existing contiguous residential use within a residential zoning district, low maintenance landscape shall be provided to screen the tower and its facilities. The quantity and type of that landscape shall be in accordance with any County landscape regulations of general applicability, except for tree preservation regulations above. Any facility adjacent to a lot in a residential zoning district shall be designed with exterior materials and colors that are reasonably compatible with the residential character of the area.

         b.   All towers shall meet the standards of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standard, be painted a color to reduce visual obtrusiveness, unless otherwise required by the FAA.

         c.   Lighting on the tower and of facilities should be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting should be shielded so that no glare extends substantially beyond the boundaries.

         d.   Open fencing shall be installed around the facility to prevent unauthorized access. Fencing may include barbed wire when mounted at least six (6) feet above ground. Where appropriate, towers shall be equipped with an anti-climbing device.

         e.   The plans of tower construction shall be certified by a State of Illinois registered structural engineer or registered architect.

         f.   The improvements and equipment comprising the wireless telecommunications tower and antenna may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure(s).

      5.   The following siting standards apply to all wireless towers and antennas:

         a.   A tower and its facilities may be located on the same zoning lot as one (1) or more other structures or uses without violating any ordinance or regulation that prohibits or limits multiple structures, buildings, or uses on a zoning lot.

         b.   No minimum lot area, width, or depth is required. Unless the tower is to be manned on a regular daily basis, no off-street parking spaces are required. If the facility is manned on a regular daily basis, then one (1) off-street parking space is required for each employee regularly at the site. No loading facilities are required.

         c.   The following setbacks apply:

            (1)   All supporting structures or equipment housing shall be a minimum of fifteen (15) feet from the front lot line and ten (10) feet from any other lot line.

            (2)   If the facility is located in a residential zoning district, the set back from the lot line to the nearest lot in a residential zoning district shall be at least fifty percent (50%) of the height of the facility’s supporting structure.

            (3)   If the facility is located in a non-residential zoning district, the horizontal separation distance to the nearest principal residential building shall be at least equal to the height of the facility’s supporting structure.

         d.   No bulk regulations or lot coverage, building coverage, or floor area ratio limitations apply. However, unless a height variation is granted by the County Board, the height of the facility cannot exceed seventy-five (75) feet if the facility is located in a residential zoning district, or two hundred (200) feet if the facility is located in a non-residential zoning district. However, the height of a facility may exceed the height limit in this subsection SS.5.d., and no height variation required, if the supporting structure is a qualifying structure.

      6.   All abandoned towers and associated facilities shall be removed within twelve (12) months of cessation of operations at the site. A copy of a signed lease that requires removal of the tower and associated facilities upon cessation of operation shall be submitted at the time of application for a building permit.

      7.   Approval processes for wireless telecommunications is subject to the following:

         a.   The County’s review of a building permit application for a wireless telecommunications tower or antenna shall be completed within thirty (30) calendar days. If a decision of the County Board is required to permit the establishment of a facility, the County’s review of the application shall be simultaneous with the process leading to the County Board’s decision.

         b.   Any public hearing authorized under this section shall be conducted in the manner determined by the County Board (see § 16.20.030 Variation to Wireless Telecommunications Standards).

Notice of such public hearing shall be published at least fifteen (15) calendar days before the hearing in a newspaper of general circulation published in the County by the applicant in conformance with the requirements of this Ordinance.

         c.   Any decision regarding a facility by the County Board or a County agency or official shall be supported by written findings of fact. The circuit court has jurisdiction to review the reasonableness of any adverse decision and the plaintiff bears the burden of proof, but there is no presumption of the validity of the decision.

   TT.   Commercial Wind Energy Facility. Application for a COMMERCIAL WIND ENERGY FACILITY shall include an agricultural impact mitigation agreement from the Illinois Department of Agriculture as required under the Wind Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/).

      1.   Required Setbacks.

         a.   A COMMERCIAL WIND ENERGY FACILITY shall be set back a minimum of one hundred ten (110%) of the system height from all property lines of nonparticipating properties and public rights-of-way. The required setback may only be reduced by a variation.

         b.   A COMMERCIAL WIND ENERGY FACILITY shall meet any additional setback requirements established by the Federal Aviation Administration (FAA) for the protection of existing aircraft takeoff and landing areas.

      2.   Appearance.

         a.   The turbine, tower, and blades shall be uniform in style and finished in an unobtrusive neutral color, such as off-white, light grey, etc. However, the blade components may be of a dark color to aid in de-icing.

         b.   The required coloration and finish shall be maintained throughout the life of the system.

         c.   Except for required warnings, and tower identification and system manufacturer and system operator identification, no lettering, advertising, or graphics on the COMMERCIAL WIND ENERGY FACILITY is permitted.

         d.   Any attachments to the COMMERCIAL WIND ENERGY FACILITY shall serve a critical operational function and be as inconspicuous as function allows or approved as part of a conditional use permit.

      3.   Guy Wires.

         a.   Best efforts will be made to place guy wires and their anchors out of cropland, pastureland and hay land, placing them instead along existing utilization lines and on land not used for row crops, pasture or hay. Where this is not feasible, Best Efforts will be made to minimize guy wire impact on cropland.

         b.   All guy wires will be shielded with highly visible guards.

      4.   Shadow Flicker Requirements.

         a.   A COMMERCIAL WIND ENERGY FACILITY shall be sited such that shadow flicker will not fall on any window of any habitable building of any nonparticipating property within five hundred (500) feet for more than thirty (30) hours per year.

         b.   New habitable buildings or new windows on existing habitable buildings affected by shadow flicker shall not restrict the operation or necessitate an alteration to the operation schedule, if they are constructed after the COMMERCIAL WIND ENERGY FACILITY has obtained all required permits for operation and construction.

      5.   Signal Interference. COMMERCIAL WIND ENERGY FACILITIES shall not cause degradation of electromagnetic signal transmissions or otherwise be in violation of Federal Communication Commission (FCC) laws regarding electromagnetic signal interference.

      6.   Lighting.

         a.   Tower lighting shall conform to all applicable FAA regulations but shall use the least intrusive amount of lighting as possible. Flashing lights may be required by FAA regulations.

      7.   Natural Resources and Wildlife Protection and Impact Mitigation.

         a.   For COMMERCIAL WIND ENERGY FACILITIES, the Illinois Department of Natural Resources shall be consulted with reference to the State's Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act (520 ILCS 10/11 and 525 ILCS 30/17). The purpose of the consultation is to provide the best available information for mitigation of any potential adverse impacts to wildlife and habitat.

      8.   Ancillary Facilities. Ancillary facilities shall meet all applicable zoning and permit requirements.

      9.   Road Use and Maintenance Agreements. For COMMERCIAL WIND ENERGY SYSTEMS, the applicant shall provide a properly executed road use and maintenance agreement with each highway or roadway authority having jurisdiction over potentially impacted highways, roads, or streets related to the transport and construction of COMMERCIAL WIND ENERGY FACILITY. Such executed agreements shall be submitted prior to issuance of a permit for COMMERCIAL WIND ENERGY FACILITY.

      10.   Decommissioning. Decommissioning and removal of the COMMERCIAL WIND ENERGY FACILITY shall be the responsibility of the operator upon abandonment or revocation of the conditional use permit. All operators shall comply with the following:

         a.   Prior to building permit issuance, the operator shall prepare a decommissioning plan which shows the final site conditions after the COMMERCIAL WIND ENERGY FACILITY has been removed from the property. Decommissioning plans shall require removal of all blades, electrical equipment, poles, piles, foundations, and conduits (above and below ground). Access roads, fencing. groundcover, and landscaping may remain only by agreement of property owner.

         b.   Prior to building permit issuance, the operator shall submit an engineer’s estimate of cost for decommissioning the COMMERCIAL WIND ENERGY FACILITY and restoring the site in accordance with the approved decommissioning plan. Upon review and approval by the Zoning Enforcement Officer of the estimate, the operator shall obtain a bond, letter of credit, or other form of surety acceptable to the County to be held by the Department of Planning and Development in the amount of one hundred percent (100%) of the estimate. Provision of this financial assurance shall be phased in over the first eleven (11) years of the project's operation or as otherwise provided in accordance with the executed Agricultural Impact Mitigation Agreement.

         c.   During the operation of the facility, a new engineer's estimate of cost for decommissioning shall be submitted every ten (10) years to the Department of Planning and Development. Upon approval of the estimated costs by the Zoning Enforcement Officer, a revised surety shall be provided to the Department of Planning and Development in the amount of one hundred percent (100%) of the new estimate.

   UU.   Winery, Brewery or Distillery. A winery, brewery, or distillery requires the appropriate liquor license prior to commencing operations.

   VV.   Vacation Rental. Dwelling units, or portions thereof, that are offered as vacation rentals for more than twelve (12) rentals per calendar year or more than ninety (90) days per calendar year shall obtain a conditional use permit prior to occupancy.

   WW.   Agricultural Produce Processing.

      1.   Agricultural produce processing facilities shall satisfy all requirements of the McHenry County Health Ordinance and applicable building codes.

      2.   The gross floor area of the facility, excluding storage areas, shall not exceed ten thousand (10,000) square feet.

   XX.   Boarding House.

      1.   Occupancy shall be limited to not more than eight (8) unrelated adults.

      2.   The facility shall comply with McHenry County Health Regulations for food preparation and service, water supply, and sewage disposal.

      3.   One (1) off-street parking space shall be provided for each housekeeping unit, or every two (2) adult residents, whichever is greater. A maximum of two (2) off-street parking spaces may be located within an effective street yard unless located a minimum of fifty (50) feet from the street lot line.

   YY.   Group Home.

      1.   The facility shall meet all applicable building codes and the Illinois Accessibility Code.

      2.   The facility shall comply with McHenry County Health Regulations for food preparation and service, water supply, and sewage disposal.

      3.   Medical detoxification services to manage the acute physical symptoms of withdrawal from drug use shall not be provided on-site. (See RESIDENTIAL CARE FACILITY.)

      4.   Any facility occupied by six (6) or more residents, including live-in care providers, live-in staff members, and residents, shall comply with the following requirements:

         a.   A conditional use permit is required in the agricultural and residential zoning districts, with the exception of the R-3 Multifamily District, where it is permitted by-right.

         b.   In order to provide the occupants of group homes the opportunity to be integrated into the community rather than living in neighborhoods with concentrations of group homes, no proposed group home occupied by six (6) or more persons is permitted within one thousand three hundred sixty (1,360) feet of an existing group home occupied by six (6) or more persons. The location distances shall be measured by drawing a line between the closest property line of the proposed group home and the nearest property line of existing group homes, including group homes within municipalities and adjacent counties, following existing streets and roads.

         c.   Except in the R-3 Multifamily District, the maximum occupancy of the facility, including live-in care providers, live-in staff members, and residents, shall be determined based on factors including, but not limited to, the size of the property and the size of the structure to be utilized and shall be included as a condition of the conditional use permit.

         d.   Prior to commencing operations, or at the earliest date possible, the facility shall obtain and maintain any applicable state, federal, or local licenses required for their operation. If no state, federal, or local license is required or available, the facility shall obtain at the earliest date possible accreditation with the Commission for the Accreditation of Rehabilitation Facilities, the Joint Commission, or another agency approved by the Zoning Enforcement Officer. Licensure or accreditation must be in effect and maintained in good standing at all times.

         e.   The operator shall prohibit occupancy of the facility by current users of illegal controlled substances and convicted sex offenders.

         f.   The facility shall provide one (1) off-street parking space for every two (2) residents, including live-in care providers and live-in staff members. A maximum of two (2) off-street parking spaces may be located within an effective street yard unless located a minimum of fifty (50) feet from the street lot line. Accessible parking shall be provided as required by the Illinois Accessibility Code.

      5.   Reasonable Accommodation.

         a.   Any person seeking to operate a facility that will serve persons with disabilities may apply for relief from any provision of this Ordinance that poses a barrier to equal access to housing in accordance with federal fair housing law. No application fee is required to request a reasonable accommodation.

         b.   A written request for a reasonable accommodation shall be filed with the Zoning Enforcement Officer. The request shall identify: 1) the specific ordinance provision from which the reasonable accommodation is being requested; 2) the specific exception or modification being requested; and 3) documentation that the specific exception or modification requested is necessary to provide individuals with a disability an equal opportunity to use and enjoy the residence.

         c.   The Zoning Enforcement Officer shall review the request for reasonable accommodation with the McHenry County State’s Attorney Office and shall issue a determination within 30 days.

         d.   Any determination of the Zoning Enforcement Officer to deny a request for reasonable accommodation may be appealed to the Zoning Board of Appeals in accordance with § 16.20.090 (Zoning Appeal). The County shall waive all filing and processing fees for zoning appeals related to the denial of a request for reasonable accommodation.

   ZZ.   AMPHITHEATRE

      1.   A management plan shall be submitted for approval to the Department of Planning and Development that demonstrates the following:

         a.   The on-site presence of a manager during events.

         b.   General layout of performance areas, visitor facilities, such as seating areas and restrooms, and all ingress and egress points to the site.

         c.   Provision for recycling and waste removal.

         d.   The days and hours of operation.

         e.   A description of crowd control and security measures.

      2.   Any permanent structures must meet all building code requirements for the proposed occupancy.

      3.   All sales areas, seating areas, activities, performance, event areas, and parking areas must be located a minimum of fifty (50) feet from any lot line.

      4.   All speakers for public address system and amplified music must be located a minimum of fifty (50) feet from any lot line and directed towards the interior of the property.

      5.   Outdoor amplified music or speech is prohibited outside of the following hours: Sunday through Thursday, 7:00 a.m. to 9:00 p.m.; Friday and Saturday, 7:00 a.m. to 11:00 p.m.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 14.3; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-201911-ZBA-057, passed 11-19-2019; Ord. O-202201-ZBA-002, passed 1-18-2021; Ord. O-202304-12-016, passed 4-18-2023)