§ 16.56.050  ACCESSORY STRUCTURE AND USE STANDARDS.
   All accessory structures and uses are subject to the requirements of this section and the requirements of § 16.60.030 (Permitted Encroachments).
   A.   Accessory Structures - General Regulations. Except as otherwise expressly provided in this Ordinance, accessory structures and uses shall be allowed in connection with any lawfully established principal structure or principal use. All accessorystructures are subject to the following regulations, in addition to any other regulations within this section and this Ordinance.
      1.   Standards for All Accessory Structures.
         a.   No accessory structure may be used as a dwelling unit, unless permitted as an ancillary dwelling unit in accordance with § 16.56.030O.
         b.   No accessory structure may be constructed prior to construction of the principal building to which it is accessory, unless otherwise provided for in this Ordinance. This limitation does not apply to agriculture exempt structures or open fences.
         c.   An accessory structure is allowed on a lot or parcel without a principal structure, in whole or in part, only when the two lots or parcels are either abutting or directly across a public right-of-way from one another, and one of the following are met:
            (1)   A deed restriction has been recorded stating that the two lots or parcels shall not be sold separately unless the accessory structure is first removed from the property.
            (2)   The septic system for the principal structure is located on the lot or parcel without a principal structure.
         d.   Accessory structures shall be located a minimum of ten (10) feet from any lot line, unless otherwise specified by this Ordinance. Accessory structures have reduced setbacks in the Legacy Neighborhood Overlay District (see § 16.52.040), waterfront lots (see § 16.60.010C.), and on nonconforming lots (see § 16.80.050). For fences, see subsection H. below (Fences). Increased setbacks in Table 16.48-1: Office and Industrial Zoning Districts Bulk and Setback Regulations also apply to accessory structures in those districts.
         e.   Accessory structures are prohibited in an effective street yard, unless located a minimum of fifty (50) feet from the street lot line or as allowed under Table 16.60-1: Permitted Encroachments, subsection H. below (Fences), or § 16.60.010C. (Required Setbacks). If no principal structure exists onthe lot or parcel, and the standards of subsection A.1.c. above are met, the setback from the street lot line shall be based on Table 16.36-1: Zoning Districts Bulk and Setback Regulations.
      2.   Standards for Detached Accessory Structures.
         a.   Detached accessory building heights are measured to the highest point of the structure. Unless otherwise permitted or limited by this Ordinance, the following height restrictions apply to detached accessory structures.
            (1)   In the E-1, E-2, E-3, and E-5 zoning districts, commercial zoning districts, and the office and industrial zoning districts, detached accessory structures are limited to twenty (20) feet in height.
            (2)   In the R-1, R-2, and R-3 Districts, detached accessory structures are limited to fourteen (14) feet in height for a flat or mansard roof design, and eighteen (18) feet in height for a pitched roof design.
            (3)   In the Agricultural Districts, on parcels less than five (5) acres, detached accessory structures are limited to twenty-four (24) feet in height.
            (4)   In the Agricultural Districts, on parcels five (5) acres or larger, there is no height limitation for detached accessory structures.
            (5)   In all zoning districts, except the R-1, R-2, and R-3 Districts, there is no height limitation for detached accessory structures that are converted from existing legally constructed agricultural exempt structures, when such conversion does not increase the height of the structure.
      3.   Standards for Attached Accessory Structures.
         a.   Attached accessory structures are exempt from height limitations, per § 16.60.010F.2.l., but shall not exceed the height of the principalbuilding to which they are attached nor have a finished floor more than two (2) feet above the highest habitable finished floor of the principal building.
   B.   Amateur Radio Equipment and Towers.
      1.   Towers that solely support amateur radio equipment are permitted in the rear yard.
      2.   In residential zoning districts, towers shall be located at least a distance of ten (10) feet from all lot lines or a distance equal to twenty percent (20%) of the lot street frontage from all lot lines, whichever is greater. In all other zoning districts, towers must be located at least 10 feet from all lot lines.
      3.   Towers cannot exceed seventy-five (75) feet in height, unless a taller tower is technically necessary to engage successfully in effective amateur radio communications in accordance with in subsection B.8. below.
      4.   As part of the application, the applicant must submit a site plan showing the proposed location of the tower, as well as its relation to the principal building and any additional accessory structures.
      5.   Towers shall be constructed in accordance with the written specifications of the tower manufacturer and County building codes.
      6.   If amateur radio equipment is to be operated remotely, then the tower supporting the equipment may be located on a parcel without a principal structure or use.
      7.   Amateur radio towers are exempt from all classification, regulations, and standards provisions of § 16.56.030RR. (Towers and Antennas).
      8.   If effective communications cannot be obtained when in compliance with the limitations as listed in subsections B.1. through B.3. above, the Zoning Enforcement Officer may permit a waiver from the height and location requirements of this section, based on the following procedure:
         a.   The applicant shall pay any fee established by the County Board and shall submit a waiver request that shall:
            (1)   Provide technical evidence in the form of a report from a professional engineer knowledgeable in radio frequency propagation analysis that effective communications cannot be obtained when in compliance with the limitations listed in subsections B.1. through 14.5.B.3. above.
            (2)   Document the minimum reasonable accommodation, in the form of a waiver from these regulations, required in order to permit effective communications.
         b.   The Zoning Enforcement Officer shall notify adjacent property owners of the waiver request and of their right to file a written objection.
         c.   If any noticed property owner files a written objection to the waiver within fifteen (15) calendar days of receipt of such notice, the property owner may apply for a Zoning Variation to be considered by the Hearing Officer or Zoning Board of Appeals.
         d.   If no written objections have been received within fifteen (15) calendar days of receipt of such notice, the Zoning Enforcement Officer may issue a decision.
         e.   The decision of the Zoning Enforcement Officer shall be issued in the form of a Notice of Decision and include written findings.
         f.   If a waiver of the height limit is granted, the tower shall be set back from adjacent property lines by a distance established by the Zoning Enforcement Officer but in no case shall the additional setback be greater than one (1) foot for each additional two (2) feet of tower height.
   C.   Apiaries (Non-Agriculture Exempt).
      1.   In compliance with the Illinois Bees and Apiaries Act (510 ILCS 201/), every person keeping bees shall register with the Illinois Department of Agriculture.
      2.   All bee colonies shall be kept in a removable frame hive, which shall be kept in sound and usable condition.
      3.   Where any colony is situated within twenty-five (25) feet of a property line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a dense vegetation, fence, solid wall, or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary.
      4.   Each beekeeper shall provide that a convenient source of water is available to the bees at all times during the year.
      5.   In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, the beekeeper must promptly re-queen the colony.
      6.   All hives shall be located to meet required setbacks for accessory structures, unless screening is provided along the property line or unless the adjacent property is vacant.
   D.   Chicken Coops and Chicken Runs (Non-Agriculture Exempt).
      1.   No person may keep more than six (6) chickens on any property at one time.
      2.   No commercial activity will result from the keeping of chickens on the property.
      3.   Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.
      4.   Chickens shall be kept in coops and fenced runs at all times. Chickens shall be kept in coops from dusk to dawn.
      5.   Chicken coops and runs shall meet the following standards:
         a.    Chicken coops and runs shall be kept in the effective rear yard and shall be located at least ten (10) feet from any lot line and ten (10) feet from any other structure.
         b.   The facility shall be kept in good repair, maintained in a clean and sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall not create a nuisance or disturb neighboring residents due to noise, odor, damage, or threats to public health.
         c.   The chicken coop and run shall be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement.
         d.   The chicken coop and run shall be adequately lighted and ventilated.
      6.   No storage of chicken manure is permitted within twenty (20) feet of the lot line.
      7.   Slaughtering of chickens on-site is prohibited.
   E.   De-Icing Agent Storage.
      1.   The storage of pavement de-icing agent in a quantity greater than fifty thousand (50,000) pounds shall conform to the requirements of Illinois Administrative Code Part 615, Subpart L: De-Icing Agent Storage and Handling Units.
      2.   The storage of pavement de-icing agent in a quantity of fifty thousand (50,000) pounds or less shall conform to the following standards.
         a.   Pavement de-icing agent may be stored on agricultural properties for use in the agricultural operations without limitation.
         b.   Bagged pavement de-icing agent may be stored without limitation provided that the packaging material is maintained in good condition such that the de-icing agent is not spilling out of the packaging. Any spilled de-icing agent shall be immediately swept up and properly disposed of.
         c.   The following standards apply to the bulk storage of de-icing agent indoors.
            (1)   The facility shall have a base constructed of materials, such as a bituminous or concrete pad, capable of containing the de-icing agent.
            (2)   The facility shall have a roof and walls constructed of materials capable of protecting the storage pile from precipitation and capable of preventing dissolved de-icing agent from running off to the adjacent soil, surface water, or groundwater.
         d.   The following standards apply to the bulk storage of de-icing agent outdoors.
            (1)   De-icing agent shall not be stored in locations where drainage may enter into water supplies, farm lands, or streams.
            (2)   All storage piles shall be placed on a surface constructed of materials, such as a bituminous or concrete pad, capable of containing the de-icing agent.
            (3)   An impermeable membrane or cover shall be placed over all storage piles to protect the piles from precipitation and surface water.
            (4)   Surface drainage must be directed to prevent flow through the base of storage piles.
            (5)   De-icing agent stored outdoor in temporary locations during the winter months shall be removed from the site and properly stored or disposed of at the end of the season.
         e.   Storage facilities, storage piles, and loading areas may be inspected regularly. Spilled de-icing agent shall be placed back in the indoor facility or under the impermeable cover.
      3.   Nothing in this section limits property owners from any liability for water pollution resulting from the improper storage or disposal of de-icing agent or from meeting any other State regulations for the storage or disposal of de-icing agent.
   F.   Drive-Through Facility.
      1.   Drive-through facilities are permitted as accessory to non-residential uses within the commercial, office, and industrial zoning districts. All drive-through facilities require site plan review and approval.
      2.   All drive-through facilities shall provide adequate stacking spaces, in accordance with Chapter 16.64 (Off-Street Parking and Loading).
      3.   All drive-through lanes shall be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjoining streets.
      4.   No exterior lighting can produce a glare into or upon the surrounding properties. All drive-through facilities shall be properly screened, as required by this Ordinance, to prevent glare from vehicles passing through service lanes.
   G.   Equestrian Uses and Structures.
      1.   In the agricultural and estate districts, the keeping of horses for personal use is permitted on properties two (2) acres or larger.
      2.   A maximum of three (3) horses may be maintained on a two (2) acre parcel.
      3.   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.
      4.   Lots or parcels of five (5) or more acres are not subject to a minimum lot area per horse.
      5.   Equestrian structures may include paddocks, polo fields, cross country courses, and the like.
   H.   Fences.
      1.   Fence Construction and Design Requirements.
         a.   The finished side of all fences shall face away from the lot or parcel on which it located. All fence posts, excluding those for barbed wire fences, shall be placed on the inside of the fence.
         b.    A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located. The installation of fencing by a private property owner in the public right-of-way is prohibited.
         c.   The use of barbed wire or aboveground electrical fences is prohibited, except:
            (1)   For the purposes of containing farm animals.
            (2)   On properties in the B-3, I-1, or I-2 districts, provided that it is mounted a minimum of six (6) feet above ground.
            (3)   As otherwise allowed by this Ordinance.
      2.   Solid Fences. Solid fences obscure more than fifty percent (50%) of the view through the fence and are subject to the following regulations:
         a.   Solid fences are limited to a maximum height of six (6) feet, unless a taller fence is otherwise required by this Ordinance.
         b.   Solid fences are prohibited in effective street yards, with the following exceptions:
            (1)   Solid fences are permitted along the full length of the rear lot line of a corner lot when the rear lot line of another corner lot abuts said rear lot line.
            (2)   Solid fences are permitted along the full length of the lot lines forming the perimeter of the main building site of flag lots and land-locked parcels.
            (3)   Solid fences are permitted in effective street yards of through lots between the principal building and the rear lot line, with the following regulations:
               (a)   When the rear lot line abuts a County/State/US Route, Interstate Route or Regional Transportation Corridor (identified in Appendix D) and the adjacent neighboring properties rear lot lines also abuts the same County/State/US Route, Interstate Route or Regional Transportation Corridor, said solid fence may have a setback of zero (0) feet from the edge of the right-of-way.
               (b)   Along all other roadways. solid fences are to be located no closer than thirty (30) feet from the edge of the right-of-way.
               (c)   In no circumstance shall a solid fence interfere with the sight triangle (as shown in Figure 16.72-1).
            (4)   Solid fences having a maximum height of three (3) feet are permitted in any yard.
         c.   Construction of solid fences requires a building permit from the Department of Planning and Development.
      3.   Open Fences. Open fences obscure less than fifty percent (50%) of the view through the fence and are subject to the following regulations:
         a.   Open fences are limited to a maximum height of eight (8) feet, unless they meet the setback requirements for principal structures.
         b.   Open fences are permitted along any lot line and in any effective yard.
         c.   Open fences are exempt from building permits, however construction in or near a floodplain or wetland area may require a stormwater review or stormwater permit.
 
   I.   Home Occupations. A home occupation is an accessory use, and shall be incidental and secondary to the principal use of the property for residential purposes. Home occupations shall meet all of the following requirements:
      1.   The home occupation shall be conducted entirely within a principal or accessory structure, or within an agricultural exempt structure as permitted in § 16.56.030B.4.c. No home occupation may be conducted outdoors. Indoor storage of vehicles used in conjunction with a home occupation, or indoor storage of vehicles as a home occupation, is allowed but must be fully enclosed.
      2.   The following occupation types are prohibited as home occupations: any type of auto repair, any type of small engine repair, and retail sales of ready-made items.
      3.   The operator of a home occupation must be a resident of the dwelling unit.
      4.   No more than one (1) person other than a member(s) of the household residing on the property may be working on-site at any one time. If the home occupation includes a dispatch component, employees to be dispatched are not to wait assignment or be dispatched from the property.
      5.   For home occupations where clients visit the premises, the home occupation shall schedule all visits by appointment only.
      6.   Outdoor storage of any items or materials related to the home occupation is prohibited. Outside storage of commercial equipment and vehicles, is prohibited, except for two (2) commercial vehicles per subsection K.2.c.ii. below.    
      7.   No offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbance can be produced which is perceivable at or beyond the lot lines. Any type of vehicle or small engine repair service is prohibited as a home occupation.
      8.   No deliveries or any other transactions of business within the residence, except emergency service, can be made between the hours of 10:00 p.m. and 7:00 a.m.
      9.   Home occupations shall comply with all other applicable federal, state, and County regulations, including all Department of Health regulations.
      10.   All home occupations conducted on a property or anticipated to be conducted on a property shall be identified in any conditional use permit application.  The conditional use permit may contain conditions approving or limiting the continuation of existing or potential future home occupations.
   J.   Off-Road Vehicle Riding – Personal. The riding of gasoline-fueled motorcycles, all-terrain vehicles, mini-bikes, scooters, go-carts and similar off-road vehicles is permitted subject to the following limitations.
      1.   Operating off-road vehicle(s) is permitted from 7:00 am to 7:00 pm Monday through Friday and from 9:00 am to 7:00 pm Saturday and Sunday.
      2.   Off-road vehicle operation is limited to residents of the household occupying the property and invited family and friends without charge of an admission fee.
      3.   Off-road vehicles with a 2-stroke engine with an engine displacement under 100cc and off-road vehicles with a 4-stroke engine with an engine displacement under 500cc:
         a.   Shall not be operated on any property less than two (2) acres in size.
         b.   Shall not be operated within thirty (30) feet of any property line on any property two (2) acres or larger in size.
      4.   Off-road vehicles with a 2-stroke engine with an engine displacement of 100cc or greater and off-road vehicles with a 4-stroke engine with an engine displacement of 500cc or greater:
         a.   Shall not be operated on any property less than twenty (20) acres in size.
         b.   Shall not be operated within one-hundred (100) feet of any property line on any property less twenty (20) acres or larger in size.
      5.   The McHenry County Sheriff Office may assist the Zoning Enforcement Officer with enforcement of this section. These restrictions do not apply to the operation of snowmobiles or electric-powered vehicles, equipment or toys. Nor do these regulations apply to the operation of vehicles or equipment that are being utilized for agricultural, lawn maintenance, property maintenance, construction, or similar utilitarian purposes.
   K.   Outdoor Sales and Display, and Outdoor Storage.
      1.   Outdoor Sales and Display. Uses with a retail component, excluding home occupations, are permitted outdoor sales and display of merchandise offered for sale outside the establishment and within the same zoning lot, subject to the following conditions:
         a.   No sales and display area is permitted in any public right-of-way or to obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required yard or within any parking area.
         b.    A portion of the parking area may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). Such temporary outdoor sales cannot exceed a total of one hundred twenty (120) days per calendar year. No more than twenty percent (20%) of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display.
         c.    All outdoor display areas shall be designed with a landscape yard along any public street, a minimum of ten (10) feet in width and planted with vegetation. These screening requirements are not intended to prohibit openings reasonably necessary for access drives and walkways.
      2.   Outdoor Storage. This section governs Outdoor Storage as an accessory use. Outdoor Storage as the principal use of the property is governed by § 16.56.030QQ. (Storage Yard). The storage of agricultural equipment and materials on properties used for agricultural purposes are not subject to these restrictions. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions.
         a.   The following uses are permitted accessory outdoor storage: agricultural implement sales and service; asphalt/concrete batch facility; auction house; auto dealership; auto rental; earth extraction/mining; feed, tack, grain, and seed sales; freight terminal; garden center; greenhouse business; heavy retail sales and service; light industrial; heavy industrial; landscape business with outdoor storage; landscape waste composting facility; lumber yard; marina; nursery; offsite services business; recreational vehicle sales; recycling collection or processing facility; residential; restricted landing area; retail goods establishment; salvage yard; sawmill; waste transfer facility; wholesale establishment; or oil, gas, or water well - commercial.
         b.   In all zoning districts outdoor storage, other than commercial vehicle storage and recreational vehicle storage on properties used for residential purpose (see subsection K.2.c.-d. below), shall meet the following provisions, unless otherwise regulated or prohibited by this Ordinance or the McHenry County Public Health Ordinance:
            (1)   Outdoor storage does not include manufacturing, assembly, repair work, or other commercial activity. Such activity may only take place inside an enclosed building that meets applicable building codes.
            (2)   No outdoor storage shall be located in an effective street yard. Outdoor storage must be reasonably screened from view off the property by any combination of buildings, solid fencing, or solid landscaping. The fencing or landscaping shall have a minimum height of six (6) feet at time of installation. Storage is prohibited outside the screened area.
            (3)   All materials stored shall be related to a permitted use of the property.
            (4)   No required parking area can be used as outdoor storage.
         c.   Outdoor storage of commercial vehicles on property used for residential purposes is allowed, subject to the following:
            (1)   No more than two (2) commercial vehicles, with or without a hitched trailer, may be parked or stored outdoors on the property. Unhitched commercial trailers will be counted as a commercial vehicle.
            (2)   No commercial vehicle may be occupied or used for human habitation.
            (3)   Additional commercial vehicles, trailers, and equipment may be stored inside of a permitted and enclosed accessory building or inside an agricultural exempt structure, subject to subsection I.1. above regarding home occupations.
         d.   Outdoor storage of recreational vehicles on property used for residential purposes is allowed with the following restrictions:
            (1)   The owner or occupants of an occupied residential property, including an agricultural zoned property with a an occupied dwelling unit, may park or store recreational vehicles, snowmobiles, off-road motorcycles, all-terrain vehicles, and trailers for the aforementioned vehicles on their property, provided that they are the owner of the aforementioned vehicles or trailers. Such recreational vehicles shall not be occupied for residential purposes.
            (2)   The owner or occupants of an occupied residential property, including an agricultural zoned property with an occupied dwelling unit, may allow a guest to park or store a single recreational vehicle, snowmobile, off-road motorcycle, all-terrain vehicle, or trailer for the aforementioned vehicles on their property for a total of not more than sixty (60) days per calendar year, during which time the recreational vehicle may be occupied, provided that the property owner or occupants have made provisions for the supply of potable water and the disposal of human waste in a manner that meets the requirements of the McHenry County Public Health Ordinance.
            (3)   The storage or occupancy for residential purposes of recreational vehicles, snowmobiles, off-road motorcycles, all-terrain vehicles, and trailers for the aforementioned vehicles is prohibited on any property without an occupied dwelling unit, including properties used for commercial, office, or industrial purposes, unless otherwise specifically permitted by this ordinance.
      3.   Indoor Storage. Properties used for residential purposes are allowed to store vehicles indoors for the purpose of financial gain or in conjunction with a home occupation, subject to subsection I. above (Home Occupations).
   L.   Recycling Drop-Off Point. This section governs Recycling Drop-Off Points as accessory uses. Recycling Collection Centers as a principal use are governed by § 16.56.030KK. (Recycling Collection Center). Recycling drop-off points are permitted as an accessory to existing non-residential uses. A permit shall be obtained from the Department of Planning and Development. Copies of the application will be forwarded to appropriate County departments. All recycling drop-off points shall meet the following standards:
      1.   Recycling drop-off points shall comply with all Illinois Environmental Protection Agency regulations and McHenry County ordinances.
      2.   Recycling drop-off points shall be accessory to an existing non-residential principal use.
      3.   The structure or mobile unit where recyclable material is placed is limited to five hundred (500) square feet in area and cannot occupy more than five (5) parking spaces, exclusive of space that will be periodically needed for removal of materials or exchange of containers.
      4.   Recycling drop-off points shall comply with all district yard requirements.
      5.   Recycling drop-off points can accept only segregated, non-hazardous, non-special, homogeneous, non-putrescible materials, such as dry paper, glass, cans, plastic and reusable items.
      6.   Landscape waste may be accepted if an Illinois Environmental Protection Agency (IEPA) permit, or written evidence stating that a permit is not required from the IEPA, is received by the Zoning Enforcement Officer. All landscape activities shall comply with all IEPA regulations or any condition of their exemption.
      7.   Storage of recyclable material shall be in containers or in mobile units. Materials cannot be stored outside of containers. Containers shall be constructed and maintained of durable, waterproof, and rust resistant materials. Containers shall be covered and/or locked to prohibit unauthorized entry or removal of material.
      8.   Recycling drop-off points shall be maintained in a neat, sanitary, and litter-free manner.
      9.   All drop-off points located within one hundred (100) feet of a property zoned for residential use may operate only between the hours of 9:00 a.m. and 7:00 p.m.
      10.   Containers shall be secured and set back at least thirty (30) feet from any property zoned or occupied for residential purposes and utilize screening  between the containers and the residential use as prescribed by the Zoning Enforcement Officer.
      11.   Containers shall be marked and positioned to clearly identify the type of materials that may be deposited. The site shall have signs, apart from the containers, which clearly identify the name and telephone number of the operator and hours of operation and displays a notice stating that no material can be left outside the recycling container or enclosure.
      12.   Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
   M.   Satellite Dish Antennas. Shall be installed in accordance with any applicable Federal Communications Commission (FCC) regulations.
   N.   Solar Panel.
      1.   General Requirements. The installation and construction of solar panels is subject to the following development and design standards:
         a.   A solar panel may be building-mounted or freestanding.
         b.   Solar panels shall be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.
         c.   All electrical interconnections to the grid shall conform to the National Electrical Code. Prior to issuance of a building permit, applications for grid-connected solar panels shall include a copy of an approved interconnection agreement with the local utility or a letter from the local utility indicating that an interconnection agreement is not required.
         d.   Advertising signs are prohibited. The manufacturer and equipment information, warning signs, or ownership information is allowed.
         e.   Accessory solar panels must be secondary to the principal use and must first supply energy to the subject property on which it is located.
         f.   Any accessory solar panels which combined are rated to produce 500kW or more of electric energy shall follow all of the use standards of § 16.56.030.PP.2, 3, 4, & 5 for Solar Farm.
      2.   Building-Mounted Systems.
         a.   A building mounted system may be mounted on the roof or wall of a principal building or accessory structure.
         b.   On pitched roof buildings, the maximum height of the solar panel shall not exceed the height of the building.
         c.   On flat roofed buildings, the solar panel system is limited to the maximum height of five (5) feet above the roof.
         d.   Solar panels may project off a building facade as follows.
            (1)   May project up to four (4) feet from a facade.
            (2)   May encroach into a required yard, but no closer than five (5) feet to the side or rear property line.
      3.   Freestanding Systems.
         a.   A freestanding system shall follow the setbacks and yard restrictions for accessory structures in § 16.56.050A.1. (Standards for All Accessory Structures).
         b.   A freestanding system cannot exceed the maximum building height for accessory structures of the district.
         c.   Freestanding solar panels are excluded from the calculation of permitted building and impervious surface coverage provided the area beneath the panels is maintained in a pervious condition.
   O.   Swimming Pools.
      1.   Swimming pools shall comply with the requirements of the County building codes, Public Health Ordinance, and Stormwater Management Ordinance.
      2.   All swimming pools, including permanent and temporary swimming pools, must meet all required accessory structure setbacks.
      3.   Swimming pools shall provide a barrier as required by the Public Health Ordinance.
   P.   Wind Energy Systems – Building Mounted.
      1.   Structural Integrity. Construction plans for building-mounted wind energy systems (WESs) shall be stamped by a structural engineer or architect, certifying the structural integrity of the building to support the WES.
      2.   Height. Building-mounted WESs are limited to maximum system height of fifteen (15) feet.
      3.   Blade Diameter.
         a.   The diameter of the swept area of a building-mounted WES mounted to a structure in a residential zoning district is limited to twenty percent (20%) of the length of the structure’s longest side profile.
         b.   The diameter of the swept area of a building-mounted WES mounted to a non-residential structure is limited to fifty percent (50%) of the length of the structure’s longest side profile.
      4.   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 of a WES 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 WES is permitted.
         d.   Any attachments to the WES shall serve a critical operational function and be as inconspicuous as function allows or approved as part of a conditional use permit.
      5.   Noise and Vibration.
         a.   WESs shall utilize commercially available and reasonable sound-attenuation measures to minimize potential noise impacts for surrounding and nearby properties.
         b.   The sound level from a WES shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations.
         c.   The applicant shall submit manufacturer’s certification, or other data acceptable to the Zoning Enforcement Officer, documenting that the WES complies with IPCB standards. If a noise violation occurs, the WES shall cease operation until the violation has been satisfactorily resolved.
      6.   Shadow Flicker Requirements.
         a.   WESs 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 fifteen (15) minutes per day, unless the applicant commits to a schedule for turning off the offending WES during these periods.
         b.   New habitable buildings or new windows on existing habitable buildings affected by shadow flicker shall not restrict the operation of a WES or necessitate an alteration to a WES’s operation schedule, if they are constructed after the WES has obtained all required permits for operation and construction.
      7.   Sun Glint. The finish of WESs shall be flat or matte and non-reflective to reduce the incidence of sun-glint.
      8.   Ice Throw. WESs shall employ preventive measures to eliminate any deleterious effects of ice throw in compliance with the specifications contained in the Germanischer Lloyd – Guideline for the Certification of Wind Turbines (Section 2.3.2.18 in the 2003 edition and as amended from time to time).
      9.   Control and Braking Systems. In order to limit blade rotation in extremely high winds and to allow for manufacturer and industry recommended maintenance activities, WESs shall meet the following:
         a.   Horizontal WESs shall be equipped with an over-speed control (i.e., variable pitch control or passive stall control) and a braking system.
         b.   Vertical WESs shall be equipped with a braking system or other physical restraint.
      10.   Fire Risk. WESs shall comply with all applicable electrical codes and standards and shall remove potential fuel sources, such as vegetation, flammable liquids, or other combustible materials from the immediate vicinity of electrical equipment and connection points.
      11.   Lighting. The WES shall not be artificially lit, except as required by the Federal Aviation Administration or as necessary for workers involved in maintenance or repairs. Spotlights are prohibited to illuminate the turbine.
      12.   Grid Connections. All electrical interconnections to the grid shall conform to the National Electrical Code. Prior to issuance of a building permit, applications for grid-connected WES shall include a copy of an approved interconnection agreement with the local utility or a letter from the local utility indicating that an interconnection agreement is not required.
      13.   Signal Interference. WESs shall not violate any Federal Communication Commission (FCC) laws regarding electromagnetic signal interference or other requirements.
      14.   Ancillary Facilities. Ancillary facilities shall meet all applicable zoning and permit requirements.
   Q.   Outdoor Entertainment Area. Outdoor entertainment areas allow for music or live performances to occur as an accessory to certain uses. Subject to the standards of this Section, the following uses are permitted an accessory outdoor entertainment area: alcoholic beverages–consumption on-premise, club/lodge, country club, resort, and restaurant. Outdoor entertainment beyond the scope of this section may be permitted on a temporary basis with a temporary entertainment permit, subject to the standards of § 16.56.040D.
      1.   Size Limitation.
         a.   The combined occupant capacities of the principal building and the outdoor entertainment area cannot exceed the designed capacity of the on-site wastewater treatment system.
      2.   Location and Speakers.
         a.   The outdoor entertainment area must be located a minimum of fifty (50) feet from any property zoned or occupied for a residential use.
         b.   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.
      4.   Hours. Outdoor entertainment is allowed only during normal business hours of operation but not to exceed 10:00 p.m.—Sunday through Thursday, and 12:00 a.m.—Friday and Saturday.
(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, § 14.5; 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)