§ 155-10.10  ACCESSORY USES.
   (A)   General.
      (1)   Accessory uses allowed.  Accessory uses and structures are permitted in connection with lawfully established principal uses unless otherwise expressly stated.
      (2)   Incidental and subordinate nature.  The Zoning Administrator is authorized to determine when a use, building or structure meets the criteria of an accessory use or accessory structure. In order to classify a use or structure as "accessory" the Zoning Administrator must determine that the use or structure:
         (a)   Is subordinate to the principal building or principal use in terms of area and function;
         (b)   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
         (c)   Is customarily found in association with the subject principal use or principal building.
      (3)   Time of construction and establishment.
         (a)   Accessory uses may be established only after the principal use of the property is established.
         (b)   Accessory buildings may be established in conjunction with or after the principal building. They may not be established before the principal building is in place.
      (4)   Location.  Accessory uses and structures must be located on the same lot as the principal use to which they are accessory, except as otherwise expressly stated.
      (5)   Applicable regulations and standards.  Unless otherwise expressly stated, accessory uses and structures are subject to the same regulations and standards as apply to principal uses and structures on the subject lot.
   (B)   Animals (keeping of).
      (1)   Companion animals.  The keeping of a cumulative total of up to five adult, domesticated companion animals is allowed as an accessory use to any residential use, subject to the regulations of this section. The care or keeping of six or more companion animals, in cumulative total, is considered "animal care/boarding" and is allowed only in zoning districts that allow animal care/boarding uses (See § 155-8.40(B)(1)).
      (2)   Horses, farm animals and micro-livestock (excluding apiculture/beekeeping).
         (a)   A-1 district.
            1.   The keeping of horses (stables), farm animals and livestock is allowed as of right in the A-1 zoning district.
            2.   There is no zoning-based limit on the number of animals that may be kept in the A-1 district.
            3.   Animal confinement buildings must comply with the building setback regulations of the A-1 district (See § 155-2.30(B)).
         (b)   A-2, E-1, and E-2 districts.
            1.   The keeping of horses (stables) farm animals and livestock is allowed as of right in the A-2, E-1 and E-2 districts.
            2.   Animal confinement buildings in the A-2, E-1 and E-2 districts must comply with the building setback regulations of the subject zoning district (See § 155-2.30(B) and § 155-3.30(B)).
            3.   A maximum of one animal unit is allowed per acre of lot area in the A-2, E-1 and E-2 districts, based on the following animal unit equivalencies:
 
Animal Type
Animals per Animal Unit
Cattle, Bison
1
Horse, Mule, Donkey, Burro
1
Horse (34 inches or less at withers)
2
Swine, Ostrich
2
Goats, Sheep, Llama, Alpaca
2
Poultry and fowl (other than pigeons)
20
Rabbits
20
Mink and other similar fur-bearing animals
20
Pigeons
No animal density limit
Note: The Zoning Administrator is authorized to determine the value in animal units for mature animals not listed above.
 
         (c)   R-1 and R-2 districts.
            1.   The keeping of horses (stables), farm animals and livestock may be approved as a special use in the R-1 and R-2 districts (see the special use procedures of § 155-16.40).
            2.   The keeping of chickens (no roosters) is allowed as of right in the R-1 and R-2 zoning districts.
            3.   The minimum lot area required for the keeping of chickens shall be 12,500 square feet.
            4.   The animal confinement building setback and animal density requirements of division (B)(2)(b) of this section apply.
         (d)   R-2A, R-3 and R-4 districts.
            1.   The keeping of chickens (no roosters) is allowed as of right in the R-2A, R-3, and R-4 zoning districts.
            2.   The number of chickens is limited to 1 per 2,500 square feet of lot area.
            3.   The minimum lot area required for the keeping of chickens shall be 12,500 square feet.
            4.   The keeping of rabbits, pygmy goats, and pigs may be approved as a special use in the R-2A, R-3 and R-4 districts.
            5.   Rabbits are limited to six adult animals (over six months), with no restrictions on younger animals. Rabbits must be kept in a hutch or fenced enclosure.
            6.   Pygmy goats are limited to two female animals and nursing off-spring. Pygmy goats must be kept in a fenced yard or enclosure. All adult pygmy goats must be dehorned.
            7.   Pigs are limited to one female, up to 250 pounds in weight. The pig must be kept in a fenced yard or enclosure.
            8.   All animals must be confined to the owner's property.
            9.   All buildings and structures that house farm animals or microlivestock in the R-2A, R-3 and R-4 districts must be located at least 25 feet from all existing dwellings (except the animal owner's) and must comply with the building setback regulations of the subject zoning district (See § 155-3.30(B)).  No animal-related structures or enclosures may be located in a front or other street yard area.
         (e)   C-6 district.
            1.   The keeping of horses (stables) and farm animals is allowed as of right in the C-6 district.
            2.   Animal confinement buildings in the C-6 district must be set back at least 50 feet from all lot lines.
         (f)   Sanitation.  Proper sanitation must be maintained for all horses, farm animals and microlivestock. Proper sanitation includes:
            1.   Not allowing animal waste to accumulate;
            2.   Taking necessary steps to ensure that odors resulting from horses, farm and microlivestock animals are not detectable beyond property lines; and
            3.   Storing all food in metal or other pest-proof containers.
      (3)   Apiculture/beekeeping.
         (a)   General regulations. All beekeeping activities shall comply with the following:
            1.   State registration. The beekeeper must register the colonies and maintain valid registration with the Illinois Department of Agriculture or as otherwise required by the State of Illinois.
            2.   Illinois Bees and Apiaries Act. All beekeepers shall be in compliance with the Illinois Bees and Apiaries Act, including, but not limited to having all hives accessible for state inspectors to check on a routine basis on their practice and schedule or as needed.
            3.   Fences. Any fencing used for beekeeping shall comply with § 155-14.90 Fences and Walls.
            4.   Water. Each beekeeper shall ensure a convenient source of water is available to the bees at all times during the year so the bees will not congregate at swimming pools, pet watering bowls, birdbaths, or other water sources where they may cause human, bird, or domestic pet contact.
            5.   General maintenance. Each beekeeper shall ensure that no bee comb or other materials might encourage robbing, are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
            6.   Maximum size for a single hive shall exceed 20 cubic feet in size.
            7.   Setbacks.
               a.    Where there is a wall, lattice or solid fence, dense hedge or bushes, or similar barrier between the subject property and adjacent property, no setback from the property line is required.  Where there is no existing barrier between the two properties, hives shall be set back at least five feet from the property line.
               b.   No hive shall be closer than ten feet from a dedicated road, sidewalk, or path.
            8.   Flyway barriers. Any hive within 20 feet from the principle building of an abutting lot or from a dedicated road, sidewalk, or path, shall have a flyway barrier consisting of:
               a.   A lattice or solid fence, wall, or dense hedge or bushes at least six feet in height in front of the hive openings such that the bees fly upward and away from neighboring properties or dedicated roads, sidewalks or paths. An existing barrier described previously in this section may be acceptable.
               b.   Set no more than five feet from the hive openings.
               c.    Extend at least two feet in width from either side of the hive opening.
   Illustrative Example of Flyway Barrier.
   Flyway barrier may also be straight or curved along with V-shaped
         (b)   A-1, C-6, and SP-PO districts.
            1.   The keeping of bees is allowed as of right in the A-1, C-6, and SP-PO zoning districts.
            2.   There is no zoning-based limit on the number of hives that may be kept in the A-1, C-6, and SP-PO zoning districts.
            3.   Hives may be located within all yards (front, side, and rear) in the A-1, C-6, and SP-PO zoning districts.
         (c)   A-2, E-1, and E-2 districts.
            1.   The keeping of bees is allowed as of right in the A-2, E-1 and E-2 districts.
            2.   The limit on the number of hives that may be kept in the A-2, E-1 and E-2 zoning districts is two hives per every one-half acre of lot area or fraction thereof. There is no minimum lot size requirement.
            3.   Hives may be located within all yards (front, side, and rear) in the A-2, E-1 and E-2 zoning districts.
         (d)   R-1, R-2, R-2A, R-3, R-4, and R-5 districts.
            1.   The keeping of bees is allowed as of right in the R-1, R-2, R-2A, R-3, R-4, and R-5 zoning districts.
            2.   The limit on the number of hives that may be kept in the R-1, R-2, R-2A, R-3, R-4, and R-5 zoning districts is two hives per every one acre of lot area or fraction thereof with a minimum zoning lot size of at least 22,000 square feet.
            3.   Hives may be located within all yards (front, side, and rear) in the R-1, R-2, R-2A, R-3, R-4, and R-5 zoning districts.
         (e)   R-6 District - The keeping of bees is prohibited in the R-6 zoning district.
         (f)   All other zoning districts.
            1.   The keeping of bees may be approved as a special use in all other districts not listed above (see the special use procedures of § 155-16.40).
            2.   The limit on the number of hives that may be kept in all other zoning districts is two hives per every one acre of lot area or fraction thereof with a minimum zoning lot size of at least 22,000 square feet.
            3.   Hives may be located in any yard or on the roof top in all other zoning districts.
   (C)   Accessory dwelling units.
      (1)   Purpose.
         (a)   The accessory dwelling unit regulations of this section are intended to help promote the benefits of accessory dwelling units, while also preserving neighborhood character and promoting predictability and certainty for developed residential areas and security in industrial districts.
         (b)   Accessory dwelling units (ADUs) help advance the county's housing and land use goals and policies by:
            1.    Accommodating additional housing units while preserving the character of existing developed areas;
            2.   Allowing efficient use of the existing housing stock and infrastructure;
            3.   Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs;
            4.   Providing a means for residents - particularly seniors, single parents, and empty-nesters - to remain in their homes and neighborhoods, and obtain extra income, security, companionship and assistance; and
            5.   Promoting a broader range of accessible and more affordable housing.
      (2)   General regulations for all ADUs.  All accessory dwelling units must comply with the regulations of this subsection.
         (a)   Zoning district regulations.  Accessory dwelling units are subject to all applicable regulations of the zoning district in which they are located, unless otherwise expressly stated in this section.
         (b)   Where allowed.
            1.   Accessory dwelling units are allowed in accordance with the use table of § 155-7.30 only on lots that are occupied by a detached house or attached house.
            2.   Accessory dwelling units are not permitted on nonconforming lots, except that accessory dwelling units may be approved on nonconforming lots in the A-1, A-2 and E-1 districts if approved through the special use permit procedures of § 155-16.40.
            3.   Accessory dwelling units are permitted as special uses in the I-1, I-2, and I-3 districts with the following requirements:
               a.    Shall be owner-occupied at all times beyond the time period specified in § 155-10.10(C)(2)(d).
               b.   Are not subject to the requirements of § 155-10.10(C)(3) unless specified in the special use permit.
         (c)   Number.  No more than one accessory dwelling unit is allowed per lot. Accessory dwelling units are not allowed on lots occupied by ECHO housing units (see also § 155-9.110).
         (d)   Owner occupancy.  The owner of record must reside in either the principal or accessory dwelling unit for a minimum of six months of each calendar year.
         (e)   Methods of creation.  An accessory dwelling unit may be created through any of the following methods:
            1.   Converting existing area within the interior of a house (e.g., attic or basement) to an ADU;
            2.   Adding floor area to an existing house to accommodate an ADU;
            3.    Constructing a detached accessory dwelling unit on a parcel with an existing house;
            4.   Converting space within a detached accessory building; or
            5.    Constructing a new house with an internal or detached accessory dwelling unit.
         (f)   Number of residents.  The total number of residents that reside in the accessory dwelling unit and the principal dwelling unit, combined, may not exceed the number permitted for a household.
         (g)   Location of entrances.  Only one entrance to a house containing an accessory dwelling unit may be located on a facade that faces a street, unless the house contained an additional street-facing entrance before the accessory dwelling unit was created. Detached ADUs are exempt from this regulation.
         (h)   Size.  The floor area of an ADU may not exceed 49% of the gross floor area of the principal dwelling unit on the subject lot (excluding any attached garage), or 650 square feet, whichever is less.
         (i)   Parking.  No additional parking is required for an accessory dwelling unit. Existing required parking for the house must be maintained or replaced on-site.
         (j)   Building permit approval.  Before the issuance of a building permit for the construction of any new accessory dwelling unit, plans must be reviewed and approved by the director of building safety to determine compliance with all applicable building and life safety codes.
      (3)   Regulations for new detached ADUs and building additions.  The regulations of this subsection apply to all detached buildings and building additions proposed to be occupied by ADUs. These provisions apply only to detached buildings and building additions constructed after January 18, 2018.
         (a)   Exterior finish materials.  The exterior finish material must be the same or visually match in type, size and placement, the exterior finish material of the principal dwelling unit.
         (b)   Roof pitch.  The roof pitch must be the same as the predominant roof pitch of the house.
         (c)   Trim.  Trim on edges of elements on the building addition to the house or the accessory structure occupied by the ADU must be the same in type, size and location as the trim used on the principal dwelling.
         (d)   Entrances.  Building entrances ADUs in detached structures or building additions may not face the nearest side or rear property line unless there is an alley abutting that property line.
         (e)   Setbacks.  A detached accessory dwelling unit must be located at least ten feet behind the principal dwelling. This required ten-foot separation distance must be open from the ground to the sky except that it may include walkways, patios, decks and similar structures that do not exceed 30 inches in height above finished grade.
         (f)   Height.  The maximum allowed height of a detached accessory dwelling unit is 20 feet or the height of the principal dwelling building, whichever is less.
   (D)   Home occupations.
      (1)   Where allowed.  One or more home occupations are allowed as accessory uses to an allowed household living use.
      (2)   Overall regulations.  Home occupations in all districts are subject to the following regulations. These regulations apply to the property as a whole, regardless of the number of home occupations being conducted on the property.
         (a)   The operator of a home occupation must be a full-time resident of the dwelling unit.
         (b)   No more than one nonresident may be engaged in the conduct of any home occupations occurring on the subject site.
         (c)   The use of a dwelling unit for home occupation activities must be clearly incidental and subordinate to the dwelling's use for residential purposes by its occupants.
         (d)   Floor area devoted to any home occupations on the site may not exceed 33% of the floor area of the dwelling unit.
         (e)   Home occupations must be conducted within the dwelling unit and not from a detached or attached garage or other accessory structure. Equipment, materials, samples, and vehicles incidental to the home occupation may be stored in a detached or attached garage or other accessory structure as long as the business activity is limited to the dwelling.
         (f)   Home occupations may not involve any outdoor storage, outdoor display or other outdoor activity.
         (g)   There may be no visible evidence of the conduct of a home occupation when viewed from the street or right-of-way or from an adjacent lot. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include parking lots, or adding commercial-like exterior lighting.
         (h)   Any need for parking generated by the conduct of a home occupation must be met by off-street parking on the same lot where the home occupation is located.  Any and all vehicles owned or associated with the home occupation operator or employees must also be parked off-street on the same lot where the home occupation is located. Off-street parking means on a hard surface or garage. Parking associated with the home occupation is prohibited in the parkway or on the street.
         (i)   Customers may visit the site only from 8:00 a.m. to 8:00 p.m.
         (j)   Deliveries or pick-ups of supplies or products associated with home occupations are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pick-up are limited to (U.S. postal carrier, parcel service or passenger vehicle).
         (k)   No equipment or process may be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process may be used that creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
         (l)   Products incidental to a permitted home occupation may be sold from the premises. Retail sales through telephone or mail communication, or electronic or wireless communication are permitted.
         (m)   Consultation with the Zoning Administrator is required for proposed home occupations. The Zoning Administrator is authorized to determine, on a case-by-case basis, whether the proposed activity requires building permits or site development permits and whether adherence to applicable building, stormwater and water resource ordinances is required.
         (n)   Firearms dealers may be allowed as a home occupation only if approved in accordance with the special use permit procedures of § 155-16.40.
         (o)   All of the following uses are prohibited as home occupations:
            1.   Animal hospitals, veterinary clinics and kennels;
            2.   Eating and drinking establishments;
            3.   Retail stores;
            4.   Business or commercial storage of recreational vehicles, mobile homes, vehicles or mechanical equipment;
            5.   Funeral and interment services;
            6.   Manufacturing;
            7.   Automobile or truck repair; and
            8.   Any other use that is not deemed to be a customary or appropriate home occupation by the Zoning Administrator.
      (3)   Home occupation signs.
         (a)   A-1, A-2, E-1 and E-2 Districts. One wall sign or one freestanding sign if the property has access from a designated federal, state, or county highway provided that home occupation signs shall:
            1.   Not be illuminated;
            2.   Exceed three square feet in area;
            3.   May not use changeable copy or letters.
         (b)   R-1, R-2, and R-2A Districts. One wall sign or one freestanding sign if the property has access from a designated federal, state, or county highway provided that home occupation signs shall:
            1.   Not be illuminated;
            2.   Exceed two square feet in area; and
            3.   May not use changeable copy or letters.
         (c)   R-3, R-4, R-5 and R-6 Districts. No signs for home occupations are permitted in these districts.
   (E)   Swimming pools.
      (1)   Where allowed.  Swimming pools are allowed as an accessory use to household living uses and other uses approved by the Zoning Administrator. Accessory swimming pools are not subject to minimum lot area or lot frontage requirements.
      (2)   Regulations.  Accessory swimming pools are subject to all of the following regulations:
         (a)   All swimming pools must have a perimeter barrier with a minimum height of five feet above grade or finished floor. Barriers must be installed in accordance with the building ordinance. These barrier height regulations supersede any other fence or wall height requirements in this zoning ordinance.
         (b)   On a corner lot, a swimming pool may be located in a street yard that does not contain the main entrance to the residence.
         (c)   On a double-frontage lot that is located on a limited access highway, a swimming pool may be located in the yard that does not contain the main entrance to the residence.
         (d)   In-ground swimming pools must be set back at least 25 feet from septic tanks and septic fields.
         (e)   Above-ground swimming pools must be set back at least ten feet from septic tanks and septic fields.
         (f)   Swimming pools must be set back at least eight feet from the nearest building, at least five feet from side and rear lot lines and at least ten feet from any lot line abutting a street, exclusive of easements. These setbacks apply to the pool as well as associated decks, patios and equipment and supersede those setbacks established by the lot and building regulations of the subject district.
   (F)   Accessory solar energy systems.
      (1)   General.
         (a)   Accessory solar energy systems must comply with all applicable building ordinance and electrical code requirements.
         (b)   Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be recorded with the county recorder of deeds.
      (2)   Building-mounted solar energy systems.
         (a)   Building-mounted solar energy systems may be mounted on principal and accessory structures.
         (b)   All applicable setback regulations apply to building-mounted solar energy systems. Systems mounted on principal structures may encroach into interior side and rear setbacks in accordance with § 155-18.10(F).
         (c)   Only building-integrated and/or flush-mounted solar energy system may be installed on street-facing building elevations.
         (d)   Solar energy systems may not extend more than three feet above the applicable maximum building height limit for the subject building type or more than five feet above the highest point of the roof line, whichever is less.
 
 
      (3)   Ground-mounted solar energy systems.
         (a)   In residential zoning districts, ground-mounted solar energy systems may not be located in a required street setback or street yard area.
         (b)   Ground-mounted solar energy systems may be located within required interior side and rear setbacks.
         (c)   Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.
   (G)   Accessory wind energy systems.
      (1)   Agricultural exemption.  Electric- generating wind devices that generate 100kW or less are exempt from zoning if they are off-grid systems and used for agricultural purposes.
      (2)   Rooftop mounted electric-generating wind devices.
         (a)   Where allowed.  Rooftop mounted electric-generating wind devices are allowed as an accessory use in all zoning districts subject to compliance with all applicable regulations.
         (b)   Regulations.  All rooftop mounted electric-generating wind devices are subject to the following regulations:
            1.   Building permit applications for rooftop mounted electric-generating wind devices must be accompanied by standard drawings of the wind turbine structure, including the tower and base. An engineering analysis of the system showing compliance with the building ordinance and certified by an Illinois licensed design professional must be submitted. This analysis is frequently supplied by the manufacturer. A valid first generation seal is required.
            2.   Noise levels must comply with the Illinois Pollution Control Board regulations. Proof of compliance must be submitted as part of the application process.
            3.   No rooftop mounted electric- generating wind device may be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned energy generator.  Off-grid systems are exempt from this requirement.
            4.   Rooftop mounted electric- generating wind devices may not exceed 15 feet in height above the highest point of the structure to which it is attached. Rooftop-mounted electric- generating wind devices may be mounted to the side of a structure.
            5.   In residential districts, a maximum of one rooftop mounted electric-generating wind device is allowed per lot.
      (3)   Small wind energy systems.
         (a)   Where allowed.  Small wind energy systems are allowed as an accessory use in all zoning districts subject to compliance with all applicable regulations.
         (b)   Regulations.  All small wind energy systems are subject to the following regulations:
            1.   No more than one small wind energy system is permitted per lot.
            2.   All small wind energy systems must be set back from all property lines a distance equivalent to at least 110% of the total system height.
            3.   The blade tip of any rotor must, at its lowest point, have ground clearance of at least 15 feet.
            4.   All climbing apparatus must be located at least 15 feet above the ground, and the tower must be designed to prevent climbing within the first 15 feet from the top of foundation.
            5.   Building permit applications for small wind energy systems must be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the system showing compliance with the building ordinance and certified by an Illinois licensed design professional must be submitted. This analysis is frequently supplied by the manufacturer. A valid first generation seal is required.
            6.   Tower structure lighting is prohibited unless required by the Federal Aviation Administration or appropriate authority.
 
            7.    Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
            8.   Noise levels must comply with the Illinois Pollution Control Board regulations. Proof of compliance must be submitted as part of the application process. Rooftop mounted electric- generating wind devices may not exceed a noise level of 60dba, as measured at the owner's property line. The level, however, may be exceeded during short-term events, such as utility outages and severe wind storms.
            9.   No rooftop mounted electric-generating wind device may be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
            10.   Any small wind energy system that is not operated for a continuous period of 12 months or more will be considered abandoned, and the owners of such system must remove all structures within 90 days of receiving notice from the county. If such facility is not removed within 90 days, the county may remove all structures at the owner's expense.
   (H)   Electric vehicle (EV) charging stations.
      (1)   General.
         (a)   Private (restricted-access) EV charging stations are permitted as accessory uses in all zoning districts.
         (b)   Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.
      (2)   Parking.
         (a)   Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.
         (b)   Public electric vehicle charging stations must be reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.
      (3)   Equipment.  Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.
      (4)   Usage fees.  Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station.
      (5)   Signage.
         (a)   Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.
         (b)   Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.
      (6)   Maintenance.  Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.
   (I)   Geothermal energy systems.
      (1)   General.  Geothermal energy systems are permitted as an accessory use in all zoning districts.
      (2)   Location.
         (a)   Geothermal energy systems must be located entirely within the lot lines of the subject property or within appropriate easements.
         (b)   No portion of a geothermal energy system may be located within a stream or stream buffer.
      (3)   Permitting, inspections and other regulations.  Geothermal wells are regulated and inspected by the Will County Health Department. Geothermal energy systems must comply with all applicable state and county regulations.
   (J)   Residential composting.
      (1)   The composting of landscape waste (including grass clippings, leaves, and chipped brush) and food waste (including discarded fruits, vegetables, and grains) is an allowed accessory use in residential zoning districts, subject to the regulations of this section.
      (2)   Only landscape waste generated from plants grown and maintained on the subject lot may be composted.
      (3)   Only food waste resulting from food preparation or consumption by residents of the subject lot and their visitors may be composted.
      (4)   All food waste must be placed within rodent-resistant compost bins.
      (5)   Landscape waste compost piles may not exceed five cubic yards in volume.
      (6)   Landscape waste compost piles must be set back at least five feet from all lot lines. Landscape waste compost piles that are not contained within a rodent-resistant compost bin must be set back at least 30 feet from all dwelling units on abutting lots.
      (7)   No animal waste is allowed within compost piles or bins.
      (8)   Burning of compost piles is not allowed.
   (K)   Cargo containers.  Cargo containers may be used as accessory structures and for accessory uses only as follows:
      (1)   Cargo containers may be used in support of agricultural production by an active farmer as defined in ILCS Ch. 505, Act 5, § 3.01 and ILCS Ch. 505, Act 5, § 3.06.
      (2)   Cargo containers may be used for storage of electronic recyclable materials at governmental buildings and facilities. The use of cargo containers for the storage of electronic recyclable materials is limited to recycling programs administered by Will County.
      (3)   Cargo containers may be used in any zoning district for the purpose of storing construction materials and/or equipment when associated with a valid building permit.
      (4)   Cargo containers storage is allowed as an accessory use to an allowed principal use in I-2 or I-3 zoning districts, subject to all of the following requirements:
         (a)   The site is not an intermodal facility or cargo container storage and maintenance facility;
         (b)   The site is at least ten aces in area;
         (c)   Cargo container storage areas may not exceed 15% of the lot area;
         (d)   Cargo containers may not be stacked more than two containers in height;
         (e)   Cargo containers must be placed on gravel or paved areas or on concrete pads;
         (f)   Cargo containers may not be located within any required setback or buffer area; and
         (g)   Cargo containers must be completely screened from view from any public right-of-way, any R-zoned property and any lot occupied by a residential use.
      (5)   Cargo containers may be used for the accessory storage of goods or materials associated with a principal use in the I-1, I-2 or I-3 zoning districts subject to the following requirements:
         (a)   Cargo containers must be placed on gravel or paved areas or on concrete pads;
         (b)   Cargo containers may not be located within any required setback or buffer;
         (c)   The use of cargo containers is limited to the storage of goods or materials associated with a principal use located on the same lot;
         (d)   No more than two cargo containers are permitted on a single lot;
         (e)   Cargo containers may not be stacked;
         (f)   Cargo containers must be painted to match the principal building; and 
         (g)   Cargo containers must be completely screened from view from any public right-of-way, any R-zoned property and any lot occupied by a residential use.
      (6)   Cargo containers may be used for the accessory storage of commodities associated with a principal use in the C-3 and C-4 zoning districts, subject to the following requirements:
         (a)   The cargo container must have been used to transport the subject commodities to the site;
         (b)   Cargo containers may not be located on the premises for more than 60 days;
         (c)   Cargo containers must be located behind the principal building on gravel or paved areas or on concrete pads;
         (d)   No more than two cargo containers are permitted on a single lot;
         (e)   Cargo containers may not be stacked; and
         (f)   Cargo containers must be completely screened from view from any public right-of-way, any R-zoned property and any lot occupied by a residential use.
      (7)   Cargo containers may be used as an accessory structure building component in the A-1, A-2, E-1, E-2, R-1, R-2, R-2A and R-3 zoning districts, subject to the following requirements:
         (a)   Cargo container modifications are subject to building ordinance requirements;
         (b)   The cargo container must be completely wrapped by stick-built façades, with a peaked roof;
         (c)   Acceptable siding materials include wood, vinyl, metal, engineered wood and hardboard, brick and stone, fiber cement, stucco, and other similar materials with an exterior architectural finish;
         (d)   Prohibited siding materials include sheet metal, corrugated metal, particle board, pressed wood, plywood, and other similar materials not manufactured to be used as an exterior architectural finish; and
         (e)   The façades of the structure must be designed to be architecturally compatible with the principal building.
      (8)   All cargo containers must be safe, structurally sound, stable and in good repair.
      (9)   Any cargo container that becomes unsound, unstable or otherwise dangerous must be immediately repaired or removed. Any cargo container stored or kept in violation of this paragraph will be deemed a dangerous condition and a public nuisance and may be immediately removed by the county.
      (10)   Any cost or expense associated with the removal of the violating cargo containers is the responsibility of the property owner. All associated costs including but not limited to legal fees and court costs, constitutes a debt due and owed to the county and is recordable as a lien upon the land of the cargo container storage facility and/or property owner.
      (11)   Cargo containers may be converted or modified to be an accessory residential structure or use:
         (a)   With a Special Use Permit in accordance with the procedures of § 155-16.40;
         (b)   Shall comply with the regulations of:
            1.   Section 155-10.10(C) Accessory Uses - Accessory Dwelling Units;
            2.   Section 155-9.290 Supplementary Uses - Cargo Container Dwelling Units.
         (c)   The facades of the structure must be designed to be architecturally compatible with the principal building; and
         (d)   Subject to the district specific requirements of this section not dedicated to regulating accessory or temporary portions of the use or structure.
   (L)   Donation and collection drop boxes.
      (1)   Where allowed.  Donation drop boxes are allowed as an accessory use in commercial and industrial districts.
      (2)   Regulations.  Donation drop boxes are subject to the following regulations:
         (a)   Drop boxes may only be placed with the subject property owner's written permission.
         (b)   No more than two drop boxes are allowed on lots of less than two acres in area. No more than three drop boxes are allowed on any other lot.
         (c)   Drop boxes may not exceed seven feet in height or cover a ground area of more than 32 square feet. Donation drop boxes may cover a ground area of up to 100 square feet in industrial districts.
         (d)   Drop boxes are subject to the building setback regulations of the subject zoning district and to the intersection vision clearance regulations of § 155-14.80.
         (e)   Drop boxes must be located on a paved surface.
         (f)   Drop boxes may not:
            1.   Obstruct vehicular, pedestrian or bicycle traffic;
            2.   Reduce any sidewalk or paved space designed for the passage of pedestrians to less than five feet in width;
            3.   Be located within ten feet of a fire hydrant or fire suppression connection; or
            4.   Be located in a required parking space.
         (g)   The name of the company or organization that owns and/or controls the drop box must be prominently displayed on the drop box, along with contact information, including a phone number and email address. The drop box must also include a legible notice prohibiting the placement of items outside of the drop box and identifying the drop box owner/operator. Items that are not enclosed within a drop box are deemed a public nuisance and are subject to removal by the county at the subject property owner's expense.
   (M)   Farm (roadside) stands.  Farm stands are allowed as an accessory use to an active farm in the A-1 district. At least 85% of the material displayed and offered for sale at an accessory farm stand must consist of farm products or value-added farm products that have been produced on the premises or on land owned, rented or leased by the farm stand operator. Live animals may not be displayed or sold as part of a farm stand. Farm stands may not exceed 600 square feet of floor area. Farm stands must be set back at least 20 feet from the nearest road edge. Each roadside farm stand must have facilities for vehicular ingress and egress and adequate off-street parking, as approved by the Zoning Administrator.
   (N)   Garage sales and yard sales.  Garage/yard sales are allowed as an accessory use to a permitted household living use. No more than four garage/yard sales are permitted in any single calendar year and each garage/yard sale may last no longer than three consecutive days. All sale items must be removed from public view during inactive periods.
(Ord. effective 10-1-2012; Ord. 16-27, passed 2-18-2016; Ord. 16-277, passed 12-15-2016; Ord. 18-1, passed 1-18-2018; Ord. 18-192, passed 10-18-2018; Ord. 18-193, passed 7-19- 2018; Ord. 18-241, passed 9-20-2018; Ord. 19- 241, passed 9-19-2019)