§ 155-2.40  OTHER REGULATIONS.
   Uses and development in agricultural districts may be subject to other regulations and standards, including the following:
   (A)   Nonconformities.  See Article 155-15.
   (B)   Accessory uses.  See § 155-10.10.
   (C)   Parking and loading.  See Article 155-11.
   (D)   Landscaping and screening.  See Article 155-12.
   (E)   Signs.  See Article 155-13.
   (F)   Temporary uses.  See § 155-10.20.
   (G)   Outdoor lighting.  See § 155-14.110.
   (H)   Farmstead splits.  The intent of the farmstead split provisions of this section is to allow a one-time split of a farmstead lot out of a qualifying A-1-zoned parcel.  The provisions apply to farmstead splits that occurred before the effective date specified in § 155-1.20 and to farmstead splits proposed after the effective date specified in § 155-1.20.  Farmstead splits are subject to all of the following requirements.
      (1)   The farmstead split must comply with all applicable requirements of ILCS Ch. 765, Act 205 (Plat Act).
      (2)   The parent parcel must be zoned A-1 and have no outstanding zoning ordinance violations.
      (3)   The principal use of the parent parcel must be crop or animal agriculture.
      (4)   Farmstead lots to be split from the parent parcel may or may not include farm-related buildings.
      (5)   A farmstead lot to be split from the parent parcel must have frontage on a public road or provide proof of access to a public road through a private drive or easement.
      (6)   There is no fixed minimum size requirement for the farmstead lot to be split from the parent farm parcel, provided that after the split the farmstead parcel must comply with all applicable building setbacks and health department regulations.
      (7)   After the farmstead split, the parent parcel must comply with all applicable A-1 lot size, setback and lot coverage requirements or remain as compliant as before the split.
      (8)   To ensure that a parcel is restricted to a single farmstead split, the owner of the entire parent parcel must execute a recordable covenant between the owner and the county for the entire parent parcel.  The covenant must prohibit further division of the parent parcel without full platting of the remainder of the parent parcel and rezoning to the appropriate zoning district, when required by ordinance.  The covenant must be binding on all heirs and assigns of both the parent parcel and the farmstead split lot. The covenant must be recorded as a condition of the approval of the farmstead split and no construction authorization may be issued until the covenant has been recorded.
      (9)   The farmstead split provisions of this section shall be administered and interpreted as allowing future land divisions (farmstead splits) that comply with these regulations and as recognizing, as lawful, previous land divisions that comply with these regulations.
      (10)   Land divisions that are required because of condemnation proceedings and similar land divisions that are required by government action do not count as farmstead splits.
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)