§ 157.440 REQUIREMENTS FOR PARTICULAR SPECIAL USES.

(A) Accessory structures prior to principal structures. Specific regulations for accessory structures prior to the principal structures in the R-1, R-2, A-1, A-2, and Conservation Zoning Districts:

(1) The accessory structure shall not exceed a total of 1,200 square feet;

(2) The accessory structure shall meet all setback requirements for an accessory structure for the zoning districts it is located;

(3) The accessory structure shall only be used for personal storage and for equipment necessary to maintain the property; and

(4) The building permit for construction of the principal structure shall be applied for by the applicant and issued by the Community Development Administrator within three years from the date of approval by the Zoning Board of Appeals. If the applicant is unable to meet this criteria, the applicant shall be required to reappear before the Zoning Board of Appeals for reconsideration of the request within three years from the date of approval by the Zoning Board of Appeals.

(B) Adult entertainment establishment. Specific regulations for adult entertainment establishments in the C-2 Zoning District:

(1) An adult entertainment establishment shall not be allowed within 500 feet of another existing adult use;

(2) An adult entertainment establishment shall not be located within 700 feet of any agriculture or residential zoning district;

(3) An adult entertainment establishment shall not be located within 700 feet of a pre-existing school or place of worship;

(4) An adult entertainment establishment shall not be located in a structure which contains another business that sells or dispenses in some manner alcoholic beverages;

(5) For the purpose of these regulations, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed adult entertainment establishment to the nearest property line of another adult use, school, place of worship, or district zoned agriculture or residential; and

(6) The adult entertainment establishment shall meet all requirements of Chapter 150.

(C) Adaptive reuse of existing structures. Specific requirements for adaptive reuse of existing structures in the R-1 Low Density Residential Districts:

(1) The existing structure(s) for which the adaptive reuse is sought shall have been existence at the site for a minimum of ten years prior to the date of a special use petition;

(2) The proposed adaptive reuse does not meet the regulations and standards of other special use permits in the particular districts in which it is located; and

(3) The special use application shall set forth the specific proposed new uses, which may include one or more of the following uses or in combination: personal service establishment; specialized care facilities; multi-family dwellings; commercial retail establishment; health club or fitness centers; and offices (business and professional).

(D) Bed and breakfast. Specific regulations for bed and breakfast in the R-R Rural Residential, R-1 and R-2 Zoning Districts:

(1) An owner or operator must reside at the establishment while guest rooms are rented; and

(2) No guests may stay at the establishment for a total of more than 30 days in any period of 12 consecutive calendar months.

(E) Borrow pits. Specific regulations for borrow pits in the A-1 Agricultural Preservation Zoning District and A-2 Agriculture District:

(1) All excavations shall be subject to the setback and yard restrictions for a principal structure in the district in which they are located; and

(2) Copies of all applicable county and state permits shall be submitted to the Community Development Department prior to the issuance of any permits by its office.

(F) Cemeteries. Specific regulations for cemeteries in the A-1 Agricultural Preservation, A-2 Agriculture, R-R Rural Residential, R-1, and R-2 Zoning Districts:

(1) All graves and burial lots shall have two side yards and a rear yard of at least 25 feet each, which are to contain no graves or burial lots, and a setback of at least 30 feet from any right-of-way bounding the cemetery, which contain no graves or burial lots; and

(2) All burial buildings, such as mausoleums, vaults, and columbariums, shall be setback at least 85 feet from any street bounding a cemetery and there shall be two side yards and rear yard of at least 55 feet each, which may contain graves or burial lots with the setback set forth in division (F)(1) above.

(G) Chickens/fowl. Specific requirements for chickens/fowl in the R-1 Low Density Residential District:

(1) Chickens/fowl shall only be permitted on a lot with a single-family residence which shall be inhabited on a full-time basis. Chickens/fowl shall be prohibited at duplex and multi-family buildings;

(2) Roosters shall be prohibited;

(3) The slaughtering of chickens/fowl shall not be allowed on-site, except for humane reasons;

(4) Chickens/fowl shall be kept for personal use only and shall be contained within a coop or enclosure/run at all times. No eggs or chickens/fowl shall be offered for sale on the premises;

(5) The structure (coop) housing the chickens/fowl shall be located behind the rear plane of the existing dwelling (not in the front or side yard) and shall be maintained in a clean and sanitary condition at all times. Said coop shall be covered and ventilated to protect chickens/fowl from inclement weather and predators and shall provide a minimum of four square feet per chicken to allow for free movement. Said coop shall be located 10 feet from the side and rear yard property lines and electric service to the coops shall not be provided by an extension cord;

(6) Chickens/fowl shall have access to a fenced enclosure/run providing a minimum of ten square feet per chicken to allow for outdoor time, said fenced enclosure or run shall be ten feet from any side or rear yard property lines. Chickens shall not be allowed to run freely on a lot. A 50-foot minimum lateral distance from the fenced enclosure to any well, in clay or loam soils, shall be maintained. For other soils the County Health Department may be called on for assistance in determining a proper distance;

(7) Coops and fenced enclosures/runs shall be a minimum of 30 feet away from any existing structure on any adjoining parcel, such as dwellings, patios, porches, gazebos, decks, or swimming pools, but not including storage structures such as unattached garages or sheds;

(8) Coops and fenced enclosures/runs shall be cleaned on a regular basis and remain free from undue accumulated waste, such as to cause odors reasonably detectable on adjacent properties;

(9) All feed, except when placed for consumption by chickens/fowl, shall be kept in containers with tightly fitted lids that are rodent-proof; and

(10) The number of chicken/fowl shall be allowed on the following minimum lot sizes.

10,000 square feet to 2 acres = 6 chickens

2.01 acres to 5 acres = 8 chickens

5.01 acres to 9.99 acres = 10 chickens

(H) Day care center. Specific regulations for day care centers in the R-R Rural Residential, R-1, R-2, and C-1 Zoning Districts:

(1) All facilities shall comply with the requirements of the County Health Department and the state for the type of facility being proposed;

(2) In addition to the front yard required in the zone in which the facility is located, there shall be two side yards and a rear yard of at least 30 feet each. No outside recreation apparatus or play fields shall be located within 30 feet of any rear or side yard; and

(3) All outdoor recreation areas within 200 feet of a street or boundary line shall be bounded with a fence.

(I) Day care home. Specific regulations for day care homes in the R-R Rural Residential, R-1, and C-1 Zoning Districts:

(1) All facilities shall comply with the requirements of the County Health Department and the state for the type of facility being proposed; and

(2) All outdoor recreation areas within 200 feet of a street or boundary line shall be bound with a fence.

(J) Game breeding/shoot preserve. Specific regulations for game breeding and shoot preserves in the A-1 Agricultural Preservation Zoning District and Conservation District:

(1) A letter from the state’s Department of Conservation is required, stating that the proposed area meets the requirements of that Department for the establishment of a game breeding and shooting preserve area;

(2) Discharge of any gun used to take aim on a preserve area, must fall within the limits of the preserve area unless written permission is obtained from surrounding landowners;

(3) The area shall comply with all requirements established by the state relating to game breeding and shooting preserve areas (520 ILCS 5/3.27 though 5/3.35); and

(4) All state and/or federal permits required shall be obtained prior to issuance of a special use permit.

(K) Golf courses. Specific regulations for golf courses in the A-2, R-R, R-1, and R-2 Zoning Districts: Golf courses, including uses normally ancillary to such uses, such as restaurants, but not including commercially operated driving ranges or miniature golf courses, provided such ancillary uses, parking, and all structures shall be located at least 500 feet from any adjacent dwellings and 100 feet from the side and rear lot line.

(L) Golf driving range. Specific regulations for golf driving ranges in the A-2, Rural Residential, R-1, R-2, and C-1 Zoning Districts: Golf driving or miniature golf courses, provided parking and all structures are located at least 500 feet from any adjacent dwellings and 100 feet from the side and rear lot line.

(M) Gravel pits. Specific regulations for gravel pits in the A-1, A-2, Conservation, I-1, and the I-2 Zoning Districts:

(1) In addition to the application requirements, the following shall be submitted:

(a) A map showing:

1. The location of all property lines, existing roads, easements, utilities, and other significant features;

2. The existing conditions on the tract, including contour lines (at least five-foot intervals), watercourses, existing drainage facilities, and wooded areas;

3. The existing buildings and structures with an indication of those which will be retained as part of the development; and

4. The existing land uses of adjacent tracts.

(b) Site plan of operations demonstrating the following:

1. Excavation lines in relation to property lines;

2. Ingress and egress during operation;

3. Proposed buffer strips and plantings; and

4. Stock piles of mineral material and overburden

(2) Where overburden will exceed ten feet in depth or where the operation will affect more than ten acres during a permit year, an operating permit, including any conservation and reclamation plan and requisite bonding, shall be secured as required by the IEPA or the state’s Department of Mines and Minerals, in accordance with provision of the Surface-Mined Land Conservation and Reclamation Act, 225 ILCS 715/1 et seq. Proof of such bonding and plans shall be submitted to the Community Development Administrator prior to operations;

(3) Where overburden will not exceed ten feet in depth and where the operation will not affect more than ten acres during a permit year, a reclamation plan shall be submitted to the Community Development Administrator along with bonding for the cost of reclamation at the time of filing the special use application;

(4) All gravel pits shall be inspected by the state’s Department of Mines and Minerals at least every three months pursuant to 225 ILCS 710/9.01. The operator of the mine shall send of a copy of such record inspection to the Community Development Administrator;

(5) (a) No mineral extraction operation shall be carried out within 1,000 linear feet of any existing dwelling or within 300 feet of any existing structure (other than a dwelling), other than those owned by the applicant for the permit, unless written permission is first obtained from the owner of such dwelling or structure; and

(b) The stock piling of overburden shall be permitted within the buffer strips permitted. However, a perimeter setback of 100 feet shall be maintained free of equipment, stockpiles, and overburden.

(6) All excavations and stockpiles shall be treated as structures for these regulations with regard to setback from property lines; and

(7) (a) Trucks entering and leaving a mineral extraction facility shall meet the weight requirements of affected roads; and

(b) In the event that haulage roads relating to the mineral extraction facility intersect with collector, county, state, or other public roadways, the operator shall be responsible for obtaining a permit from the regulating agency of that particular road and for such other safe traffic contract as the ZBA may require.

(N) Home commercial special use. Specific regulations for home commercial special use in the A-1, A-2, and Rural Residential Zoning Districts:

(1) A home commercial special use shall be permitted only in conjunction with a single-family dwelling;

(2) Articles may be sold or offered for sale on the premises;

(3) Materials or equipment may be stored outdoors, provided such storage is screened from surrounding property and from any abutting street;

(4) No heat, glare, noise, vibration, noxious or toxic fumes, odors, vapors, gases, particulate, or similar matter shall be produced at any time which are readily detectable without the use of instruments at any point on the boundaries of the premises; and

(5) One identification sign may be displayed. Such sign may be illuminated by white, non- flashing lights, said illumination to be only during daylight hours. Such sign shall not extend beyond the lot lines, shall not obstruct the view of motorists entering or leaving the premises or adjacent property, and shall not exceed six square feet in area.

(O) Kennel, commercial. Specific regulation for commercial kennels in the A-1, A-2, R-R, C-1, C-2, and I-1 Zoning Districts:

(1) The applicant shall provide evidence, prior to or at the public hearing, of all applicable permits required by the state pursuant to state statutes;

(2) In the A-2 and R-R Districts, no kennels shall be located closer than 200 feet from any off- site residential building or 100 feet from any property line, unless maintained within a completely enclosed building; and

(3) There shall be no objectionable odors noticeable at or beyond the lot line.

(P) Landscape waste composting and mulching facility. Special regulations for landscape waste composting and mulching facility in the A-1, A-2, I-1, and I-2 Zoning Districts:

(1) All facilities shall be accompanied by copies of all valid permits issued and required by the Illinois Environmental Protection Agency and all other applicable local, state, or federal agencies;

(2) All landscape waste composting and mulching facilities shall be located on a site containing at least five acres;

(3) (a) The location of the portion of the site where active biological decomposition of the landscape waste is taking place shall not be located less than 500 feet from the following:

1. A lot line of any lot containing a residence that exists prior to the establishment of the composting operation; and

2. A boundary line of a R-1, R-2, Rural Residential, C-1, or C-2 Zoning District that exists prior to the establishment of the composting operation.

(b) The location of all operations of such landscape waste composting facility shall be outside the boundary of any special flood hazard area.

(4) Unless otherwise specifically noted, the location of the portion of the site where active biological decomposition of the landscape waste is taking place shall be setback a minimum of 200 feet from all other property lines. In addition, the facility shall be setback not less than 200 feet from a potable water supply;

(5) Evidence shall be submitted to show that the operation shall be conducted in such a manner as to prevent the blowing of any waste materials or dust particulate matter onto adjoining property or roadway;

(6) The proposed hours of operations shall be submitted with the special use permit application for the facility. In no case, however, shall the facility operate before sunrise or after sunset;

(7) A reclamation plan along with the bonding for the cost of reclamation shall be submitted with the application;

(8) Each landscape waste composting facility shall have a landscape buffer around its perimeter. The Zoning Board of Appeals may require a greater buffer to protect adjacent property from adverse visual, noise, and other impacts associated with a specific compost facility;

(9) The operation shall provide entrances with ingress and egress so designed as to minimize traffic congestion. No more than one vehicle entrance shall be allowed for each 660 feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles;

(10) Storage bins may be allowed to be stored on-site as an ancillary use, provided they are durable, covered, and meet the same setbacks required for accessory/principal structures on the site. The number of storage bins may be limited by the ZBA/County Board and shall be completely screened from view from off-site;

(11) All roads, driveways, parking lots, and loading and unloading areas within 100 feet of any lot line shall be graded and paved asphalt/concrete surface; and

(12) The sale or marketing of any composted or mulched waste material at retail or wholesale from such facility shall be allowed only when such sale or marketing is accessory and incidental to the composting and mulching facility.

(Q) Manufactured/mobile homes for retired/disabled persons. Special regulations for manufactured/mobile homes for retired/disabled persons in the A-1, A-2, Conservation, R-1, R-2, and Rural Residential Zoning Districts:

(1) One manufactured/mobile home may be located on the same lot or tract of land on which a single-family detached dwelling is occupied as a permanent residence by a family member;

(2) The manufactured/mobile home shall be placed on a solid foundation or on a concrete pad with complete skirting, and shall be provided with a water supply and sanitary sewage system as approved by the County Health Department;

(3) The manufactured/mobile home shall not violate any recorded subdivision regulation or covenant; and

(4) A permit issued for such special use shall extend only to the person or persons named therein as the occupants of the manufactured/mobile home, and shall expire when the manufactured/mobile home is vacated by such person or persons, or when the dwelling on the premises is no longer occupied by a family member. Upon expiration of the permit, said manufactured/mobile home shall be removed from the premises within 90 days thereafter.

(R) Manufactured/mobile homes, accessory to agriculture. Specific regulations for manufactured/ mobile homes accessory to agriculture in the A-1, A-2, and Conservation Districts:

(1) One manufactured/mobile home may be located on the same lot or tract of land on which a single-family detached dwelling is occupied by the farm owner;

(3) A permit for such special use shall only allow employees of the farm owner to occupy the permitted manufactured/mobile home. Once the accessory to agriculture use of the manufactured/mobile home ceases, said manufactured/mobile home shall be removed from the premises within 90 days.

(S) Recreational facilities. Specific regulations for recreational facilities, Class I, Class II, and Class III in the R-1, A-1, A-2, Conservation, C-2, I-1, and I-2 Zoning Districts:

(1) No recreational activity, spectator area, building, or parking lot shall be located closer than 100 feet to any residentially developed/zoned property; and

(2) Copies of all inspection reports and other paperwork from the state’s Carnival Amusement Ride Inspection Division and other governing authorities shall be provided to the Community Development Administrator every 30 days.

(T) Shooting range, out door. Specific regulations for outdoor shooting ranges in the A-2, I-1, and I-2 Zoning Districts:

(1) The layout of all handgun, rifle, shotgun, trap, and skeet ranges shall conform to the most current, as of December 31, 1997, National Rifle Association standards with regard to layout and dimensions. The range shall be fenced around the perimeter of the area;

(2) Outdoor shooting ranges shall be located at least 1,000 feet from the building restriction line of any dwelling;

(3) An earthen berm shall be provided at least 20 feet high and six feet thick at the top, and constructed as not to cause ricochets;

(4) The outdoor shooting range shall be covered by accident and liability insurance; and

(5) A sign shall be posted on the range site listing allowable types of firearms and stating the rules of operation.

(U) Single-family dwellings. Specific regulations for non-farm single-family detached dwelling sites in the A-1 Agricultural Preservation, A-2 Agriculture, and Conservation Zoning Districts:

(1) Each lot shall be located a distance of at least one-half mile from a livestock feeding operation, measured from the nearest corner of either the earthen waste lagoon or livestock feeding operation, whichever is closer, to the corner of the proposed dwelling;

(2) Lots that are located more than one-half mile from a livestock feeding operation, measured from the nearest corner of either the earthen waste lagoon or livestock feeding operation, whichever is closer, to the corner of the proposed dwelling, may be granted if the lot meets the standards as found in § 157.438;

(3) The division of a parcel for special use consideration shall be allowed to occur only one time on any parcel of land;

(4) In order to minimize the conversion of important prime agricultural land in the county, first preference for land conversion for new zoning lots shall be given to land containing soils having a productivity index of less than 125 on at least 75% of the parcel;

(5) Each such lot shall be at least one acre in size and contain 20 feet of frontage on a public road, and the minimum lot width at the front building setback line shall be 200 feet; and

(6) Each such lot shall meet the requirements of Chapter 152 regulating development in floodplain areas.

(V) Outdoor/indoor paintball facilities. Specific regulations for paintball facilities in the A-1, A-2, I-1, I-2, and Conservation Zoning Districts:

(1) Operation is required to maintain membership in the American Paintball League (or similar reputable national organization) and enforce their operating rules, as of December 31, 1998;

(2) No outdoor paintball activities shall take place:

(a) Within 30 feet of a property line if there is an effective barrier to the paintballs which is aesthetically appealing, safety wise, and compatible with the neighboring properties; or

(b) Within 200 feet of a property line if there is not an effective barrier.

(3) A copy of the current liability policy for bodily injury shall be provided to the Community Development Department; and

(4) A sign-off shall be provided from the County Health Department for food service provided for remuneration and for sanitation facilities.

(W) Wind energy conversions systems. Specific regulations for wind energy conversion systems in the A-1 and A-2 Zoning Districts: Wind energy conversion systems shall meet all requirements of §§ 153.01 through 153.08.

(X) Small wind energy systems. Specific regulations for small wind energy systems: Small wind energy systems shall meet all requirements of §§ 153.20 through 153.28.

(Y) Banquet facilities.

(1) Specific regulations and submittal requirements for banquet facilities in the A-1, A- 2, and the RR Zoning Districts shall include the following:

(a) The expected number of attendees per event;

(b) The number of events per year;

(d) The hours of operation;

(e) Sound amplification to be used and a plan to minimize any amplified sounds;

(f) Temporary structures or tents to be used in association with the planned events;

(g) Signage;

(h) Security to be provided; and

(i) Location of all trash receptacles.

(2) Regulations:

(a) All structures shall meet the county’s Building and Property Maintenance Code requirements;

(b) Temporary structures, including tents and canopies may be erected no more than 72 hours prior to an event and shall be removed no more than 72 hours following an event;

(d) In addition to the regulations under § 157.316(G) and (H), parking for ADA access shall be paved with a hard surface and a reserved parking sign for ADA compliance shall be installed; and

(e) All events shall end by 11:00 p.m. END shall mean that all activities are concluded and all clients and guests have departed.

(Z) Personal recreational buildings. Specific regulations for personal recreational buildings as a principal structures in the RR, A-1, A-2, and Conservation Zoning Districts.

(1) The structure shall not exceed 2,500 square feet;

(2) The structural shall meet the principal structure setbacks for the zoning district in which it is permitted;

(3) The structure shall be used for; storage of personal or family owned items such as; vehicles, recreational equipment/vehicles and equipment to maintain the property;

(4) The building may be equipped with restroom facilities when accompanied by an approved septic system. Sleeping rooms are prohibited.

(Prior Code, 7 TCC 1-25(f)) (Ord. LU-17-14, passed 11-15-2017; Ord. LU-18-06, passed 6-27-2018; Res. LU-23-02, passed 1-25-2023)

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