A.
Minimum requirements. The provisions of this chapter shall be held
to be the minimum requirements for the promotion of the public health,
safety, morals and welfare.
B.
Relationship with other laws. Where the conditions imposed by any
provision of this chapter upon the use of land or buildings or upon
the bulk of buildings are either more restrictive or less restrictive
than comparable conditions imposed by any other provision of this
chapter or any other law, ordinance, resolution, rule or regulation
of any kind, the regulations which are more restrictive (or which
impose higher standards or requirements) shall govern.
C.
Effect on existing agreements. This chapter is not intended to abrogate
any easement, covenant, or any other private agreement, provided that
where the regulations of this chapter are more restrictive (or impose
higher standards or requirements) than such easements, covenants or
other private agreements, the requirements of this chapter shall govern.
A.
Changes in structures or use. Except as may otherwise be provided in Article V, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
B.
Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of this chapter may be continued, even though such building, structure or use does not conform to the provisions of this chapter for the district in which it is located; and whenever a district shall be changed hereafter, the then-existing lawful use may be continued, subject to the provisions of Article V, Nonconforming Buildings and Uses.
A.
Use. No use of a building, structure or land shall hereafter be established
or enlarged and no building or part thereof or other structure shall
be erected, raised, moved, reconstructed, extended, enlarged or altered
except in conformity with the regulations herein specified for the
district in which it is located.
B.
Bulk. Every new building or structure shall conform to the bulk regulations
established herein for the district in which each such building or
structure shall be located.
A.
Maintenance of yards, courts and other open spaces. The maintenance
of yards, courts and other open spaces and the minimum lot area legally
required for a building shall be a continuing obligation of the owner
of such building or of the property on which it is located, as long
as the building is in existence. Furthermore, no legally required
yards, courts or other open space or minimum lot area allocated to
any building shall, by virtue of change of ownership or for any other
reason, be used to satisfy yard, court, other open space or minimum
lot area requirements for any other building.
B.
Division of zoning lots. No improved zoning lot shall hereafter be
divided into two or more zoning lots unless all improved zoning lots
resulting from each such division shall conform with all the applicable
bulk regulations of the zoning district in which the property is located.
However, with respect to the resubdivision of improved zoning lots
in the Business District, side yard requirements shall not apply between
attached buildings.
C.
Location of required open space. All yards, courts and other open
spaces allocated to a building or dwelling group shall be located
on the same zoning lot as such building or dwelling group.
D.
Required yards for existing buildings. No yards now or hereafter
provided for a building existing on the effective date of this chapter
shall subsequently be reduced below or further reduced below if already
less than the minimum yard requirements of this chapter for equivalent
new construction.
E.
Permitted obstructions in required yards. The following shall not
be considered to be obstructions when located in the required yards
specified:
(1)
In all yards:
(a)
Open terraces not over four feet above the average level of
the adjoining ground, but not including a permanently roofed-over
terrace or porch.
(b)
Awnings and canopies projecting 10 feet or less into the yard.
[Amended 7-10-1973]
(c)
Steps, four feet or less above grade, which are necessary for
access to a permitted building or for access to a zoning lot from
a street or alley.
(d)
Chimneys projecting 18 inches or less into the yard.
(e)
Arbors, trellises, flagpoles, fountains, sculptures, plant boxes,
and other similar ornamental objects.
(2)
In front yards: one-story bay windows projecting three feet or less
into the yards; and overhanging eaves and gutters projecting three
feet or less into the yard.
(3)
In rear yards: enclosed, attached or detached off-street parking
spaces, open off-street parking spaces; accessory sheds, tool rooms
and similar buildings or structures for domestic or agricultural storage;
balconies; breezeways and open porches; one-story bay windows projecting
three feet or less into the yard; overhanging eaves and gutters projecting
three feet or less into the yard. In any residential district, no
accessory building shall be nearer than five feet to the side lot
line or rear lot line, nor nearer than 10 feet to any principal building
unattached.
(4)
In side yards: overhanging eaves and gutters projecting into the
yard for a distance not exceeding 40% of the required yard width,
but in no case exceeding 30 inches.
(5)
No fences except fences erected upon public or private school grounds;
in public parks and public playgrounds; or around public utilities
facilities shall be constructed of a height greater than three feet
in the front yard or seven feet elsewhere; provided, however, that
the County Board may, as a special use, authorize the construction
of a fence higher than seven feet if it is determined by the County
Board that the public welfare is served.
[Amended 11-14-2012 by Res. No. 12-11-1918]
(a)
A property owner may install a fence within a dedicated easement
at his or her own risk. In no case, however, shall a fence be constructed
within a dedicated drainage easement.
F.
Vision clearance on corner lots. No building or structure hereafter
erected and no planting or other obstruction to the vision of drivers
of motor vehicles shall be located:
(1)
In any residence districts, exceeding a height of three feet above
the street grade, within 25 feet of the intersecting street lines
bordering corner lots; and
(2)
In a business or manufacturing district, within 12 feet of the intersecting
street lines bordering a corner lot, provided that this regulation
shall not apply to that part of a building above the first floor.
[Amended 2-10-1973; 2-14-1978]
A.
Contiguous parcels. When two or more parcels of land, each of which
lacks adequate area and dimension to qualify for a permitted use under
the requirements of the use district in which it is located, are contiguous
and are held in one ownership, they shall be used as one zoning lot
for such use.
B.
Sewage disposal. Every use which is to be served by a private sanitary
sewage facility shall comply with the requirements of any existing
Stephenson County ordinance.
Except as otherwise noted for in this chapter, every building
shall be constructed or erected upon a lot, or parcel of land which
abuts upon a public street, unless a permanent easement of access
to a public street was of record prior to the adoption of this chapter.
[Amended 5-4-1974; 8-10-1993 by Ord. No. 93-08-194]
Except in the case of planned developments, each lot shall be
occupied by only one principal building, structure or use, together
with such accessory buildings, structures and uses as allowed by this
chapter; where the zoning lot is a farm, the lot may have no more
than two farm dwellings as defined in this chapter.
A.
Location. When a side yard is required, no part of an accessory building
shall be located closer than five feet to the side lot line along
such side yard. When a rear yard is required, no part of an accessory
building shall be located closer than five feet to the rear lot line
or to those portions of the side lot lines abutting such required
rear yard. In a residence district, no detached accessory building
shall be closer than 10 feet to the principal building.
B.
Time of construction. No accessory building or structure shall be
constructed on any lot prior to the start of construction of the principal
building to which it is accessory.
C.
Percentage of required rear yard occupied. No accessory building
or buildings or portion thereof shall occupy more than 40% of the
area of a required rear yard.
[Amended 7-10-1973]
D.
Height of accessory building in required rear yards. No accessory
building or portion thereof located in a required side or rear yard
shall exceed 20 feet in height or exceed the height of the principal
structure.
[Amended 11-14-2012 by Ord. No. 12-11-1917]
E.
Reversed-corner lots. On a reversed-corner lot in a residential district
and within 15 feet of an adjacent property to the rear in a residence
district, no accessory building or portion thereof located in a required
rear yard shall be closer to the side lot line abutting the street
than a distance equal to 60% of the least depth which would be required
under this chapter for the front yard on such adjacent property to
the rear. Further, in the above instance, no such accessory building
shall be located within five feet of any part of a rear lot line which
coincides with a side lot line or portion thereof of property in a
residence district.
F.
Intermodal shipping container (ISC), as defined in § 400-6, Definitions, may be allowed to be placed on non-residential zoning an accessory building for the purposes of accessory on-site storage use only. No ISC shall be staked or abutting another ISC. All ISC may be placed no closer than three feet from an adjacent ISC. No ISC shall be modified in any manner, including, but not limited to, adding plumbing or electrical service, creating any openings such as windows, doors, removing sides to allow of connections to one another, etc., nor shall any ISC that has been previously modified in any manner be used as an accessory on-site storage building/use.
[Added 5-18-2023 by Ord. No. 23-05-72]
The following regulations shall apply to house trailers:
A.
A house trailer shall not be considered an accessory use for the
purposes of this chapter.
B.
No house trailer shall be stored, parked or occupied for living purposes
(Connection to any public utility shall constitute occupancy for the
purposes of this chapter.), except:
(1)
In an approved trailer park, provided that public or community sewer
and water facilities are available for each trailer.
(2)
A camping trailer or sports trailer, as defined in this chapter,
may be stored in a side or rear yard.
(3)
No mobile home shall be used as a dwelling unit on any lot, plat or tract of land other than one which has been granted a conditional use permit as per Article XIII, except that full-time, temporary or permanent employees on agricultural pursuits may be housed in mobile homes on the premises, if sanitary facilities are provided and a distance of 600 feet is maintained from residential subdivisions.
(4)
A house trailer may be used as a temporary office incidental to construction
on or development of the premises on which the trailer is located
only during the period of time that such construction or development
is actively underway.
[Added 11-10-1992 by Ord. No. 92-11-187]
All manufactured and modular housing or other forms of prefabricated
housing, and the lot on which they are placed, are subject to any
or all of the same development standards to which a conventional on-site
constructed residential dwelling on the same lot would be subject,
including, but not limited to, building setback standards, side and
rear yard requirements, and minimum square footage requirements. In
addition, the County may subject any such manufactured home or modular
home or other form of prefabricated housing to architectural requirements,
limited to its underfloor space enclosure.
The following special height limitations shall apply to areas
within two miles of the boundary lines of major airports. (For the
purposes of applying these regulations, the County Planning Commission
shall indicate which, if any, airports within the County shall be
designated as "major."):
A.
Within 7,500 feet from the nearest airport boundary, no building,
structure, object of natural growth or portion thereof shall exceed
a height above curb level of 25 feet or one foot for each 50 feet
that such building, structure or object is distant from such nearest
boundary or boundaries, whichever height is greater.
B.
Between 7,500 feet and two miles from the nearest airport boundary,
no building, structure, object of natural growth or portion thereof
shall exceed a height above curb level of 150 feet.
[Amended 7-10-1973]
When a use is not specifically listed in the sections devoted
to permitted uses, it shall be assumed that such uses are hereby expressly
prohibited unless by a written decision of the Board of Zoning Appeals
it is determined that said use is similar to and not more objectionable
than uses listed. Such decisions shall be initiated by application,
and the applicant shall be notified of the meeting of the Board of
Appeals at which the decision is to be made.
[Added 9-13-1983 by Ord. No. 83-46]
A.
The Zoning Board of Appeals and the Planning Commission shall utilize
the agricultural land evaluation and site assessment system, commonly
known as "LESA," as described by the United States Soil Conservation
Service, when deciding the following issues:
(1)
The determination of which lands should be set aside for agriculture
use;
(2)
The determination of the minimum parcel size for a subdivision in
agricultural areas;
(3)
The conversion of agricultural land to nonagricultural uses; and
(4)
The construction of sewer, water and transportation projects in agricultural
areas.
B.
The Zoning Board of Appeals and the Planning Commission, after consultation
with the Zoning Administrator, may promulgate such rules and regulations
which it deems proper in order to implement the LESA system, and said
rules and regulations shall be enforceable to the degree and in the
same manner as this chapter.
C.
The following persons shall comprise a LESA committee:
(1)
The Zoning Administrator.
(2)
A member of the County Board to be appointed by the Chairman of the
County Board with the County Board's advice and consent.
(3)
The Chairman of the Zoning Board of Appeals.
(4)
The Chairman of the Planning Commission.
(5)
The Soil Conservationist of the Stephenson Soil and Water Conservation
District.
(6)
The Chairman of the Board of Directors of the Stephenson Soil and
Water Conservation District.
(7)
Any other person(s) whom the above members select by majority vote.
D.
The LESA committee shall:
(1)
Upon request by either the Zoning Board of Appeals or the Planning Commission regarding the issues in Subsection A above, evaluate any parcel of agricultural land per the LESA system and submit a written report of its evaluation and recommendation(s) to the initiating agency.
(2)
Review the rules and regulations enacted per Subsection B above, and from time to time propose any amendments or additions thereto to the Zoning Board of Appeals and the Planning Commission.
(3)
Upon request by the County Board, the Zoning Board of Appeals or
the Planning Commission, appear before and inform said committees
of the status of their investigation or of agricultural matters.
(4)
Establish a site assessment subcommittee, which shall be chaired
by the Zoning Administrator.
(5)
Establish a soil evaluation subcommittee, which shall be chaired
by the Soil Conservationist of the Stephenson Soil and Water Conservation
District.[1]
[1]
Editor's Note: Former Section 4.14, pertaining to the highway/tourist-oriented
commercial district, added by 10-13-1987 by Ord. No. 87-10-113, was
repealed 11-10-1992 by Ord. No. 92-11-185.
[Added 11-10-1992 by Ord. No. 92-11-187]
A.
The Soil and Water Conservation District shall make all natural resource
information available to the County Planning Commission and Zoning
Board of Appeals in the promulgation of Zoning Map amendments or conditional
use applications. Any person who petitions the County agency in the
district for a map amendment, conditional use, or other relief from
the County's Zoning Ordinance or who proposes to subdivide vacant
or agricultural lands therein shall furnish a copy of such petition
or proposal to the Soil and Water Conservation District. The Soil
and Water Conservation District shall be given not more than 30 days
from the time of receipt of the petition or proposal to issue its
written opinion concerning the petition or proposal and submit the
same to the appropriate County agency for further action.
[Added 11-10-1992 by Ord. No. 92-11-187[1]]
The Planning Commission and the County Board shall continuously
develop their Comprehensive Plan, including their planning policies
to guide future decisions. All Comprehensive Plan elements, in whatever
degree of detail they may embody, shall provide the basis for approval
of all development under this chapter. Development which is in conflict
with the Comprehensive Plan may be approved if written notification
prior to development is received by the County Clerk, County Zoning
Administrator and the County Board Chairman and approved by the Stephenson
County Board.
[Amended 4-14-1999 by Ord. No. 99-01-238; 8-13-2003 by Res. No.
03-27-275; 6-15-2005 by Ord. No. 05-06-246]
The following special uses shall be subject to the regulations of this section, and to any additional requirements imposed in the public interest to cover circumstances unique to the selected site as set forth in § 400-92. These temporary uses shall not continue beyond the duration of the single contract for which the use is granted.
A.
Asphalt, concrete or ready-mix plant.
(1)
Lot area. The site shall be a minimum of five acres.
(2)
Access. The site shall have direct access to a state or County arterial
street or highway. All internal roads and driveways shall be maintained
in a dust-free condition.
(3)
Front yard. The front yard shall be the same as required in the M-1
Limited Manufacturing District (§ 400-60J).
(4)
Side and rear yards. The side and rear yards shall be not less than
50 feet.
(5)
Performance standards. This use shall comply with the same performance
standards as required in the M-1 Limited Manufacturing District (§ 400-60N).
(6)
Times of operation. The times or hours of operation may be stipulated as provided for under the special uses (§ 400-92D).
(7)
Setback from residential districts and uses. All activities, including
driveways and on-site roads, shall be set back at least 1,000 feet
from any existing residential zoning district boundary line or any
building used for residential purposes.
(8)
Septic system. If the site is not served by a central sewage system,
it shall be served by a septic system as approved by the Stephenson
County Health Department.
(9)
Plot plan. The special use application for this use shall be accompanied
by a scale plot plan drawing of the proposed development and the surrounding
area within 1,000 feet of the site boundaries and showing the following:
(a)
The location and names of all streets, private road and access
easements, and railroad or utility rights-of-way and easements.
(b)
The location of all residential zoned or subdivided lands.
(c)
The location of any parks, other public open spaces and uses,
residences, and other permanent structures.
B.
Wind energy conversion systems siting.
[Amended 5-18-2023 by Ord. No. 23-05-71]
(1)
ABANDONMENT
APPLICANT
APPLICATION
COMMERCIAL OPERATION DATE
COMMERCIAL WIND ENERGY FACILITY (OR WECS FACILITY OR WECS PROJECT)
DIRECTOR
FINANCIAL ASSURANCE or FINANCIAL SECURITY or DECOMMISSION SECURITY
LOCAL EMERGENCY RESPONSE AUTHORITIES
METEOROLOGICAL TOWER
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
NOTICE TO PROCEED
OCCUPIED COMMUNITY BUILDING
OPERATOR
OWNER
PARTICIPATING PROPERTY
PARTICIPATING RESIDENCE
PROFESSIONAL ENGINEER
PROTECTED LANDS
PUBLIC CONSERVATION LANDS
SPECIAL USE PERMIT
SUBSTATION
SUPPORTING FACILITIES
WECS BUILDING PERMIT
WECS PERMITTEE
WECS TOWER HEIGHT
WECS TOWER OR WIND TOWER
WIND TURBINE
Definitions. Notwithstanding any other definitions provided elsewhere
in the Stephenson County ("County") Zoning Ordinance, the following
definitions apply to the terms listed below as used in this section:
Occurs when deconstruction has not been completed within
six months after the WECS facility reaches the end of its useful life.
For purposes of this definition, a WECS facility shall be presumed
to have reached the end of its useful life if: (1) no electricity
is generated for a continuous period of 12 months or (2) the WECS
facility owner fails, for a period of six consecutive months, to pay
any property owner amounts owed in accordance with any underlying
easement, option, lease or license agreement entered into relating
to the siting, construction, or operation of a WECS facility on the
property owner's real property.
The person or entity who submits a special use permit application
for the siting and operation of a WECS facility, substation, and/or
supporting facilities, pursuant to this section. All references to
an applicant in this section shall include an applicant's successors-in-interest
and assigns, which includes a WECS permittee, as applicable.
An application for a special use permit filed with the Director
of Building and Zoning pursuant to this section.
The calendar date on which the WECS facility produces power
for commercial sale, not including test power.
Any device or combination of devices with, equal or greater
than 500 kilowatts in total nameplate generating capacity, that convert
wind energy into electricity through the use of a wind turbine generator
which includes, but is not limited to, the turbine, blade, nacelle,
tower, base, pad, transformer, substation, supporting facilities,
supports, guy wires, generators, transmission lines, storage containers,
equipment associated with the generation and storage of electricity,
and any other accessory equipment. This includes a WECS facility seeking
an extension of a permit to construct granted by the County before
January 27, 2023 (the effective date of the amendatory Act of the
102nd General Assembly to 55 ILCS 5/5-12020.)
The Director of the Stephenson County Building and Zoning
Department.
Assurance from a credit-worthy party, examples of which include
a surety bond (e.g., performance and payment bond), trust instrument,
cash escrow, or irrevocable letter of credit, that is acceptable to
the County, with the County as the beneficiary.
Each local law enforcement agency, fire department, fire
protection district and rescue units, emergency medical service providers
and emergency management service providers that have jurisdiction
over any part of the WECS facility.
Those towers which are erected primarily to measure wind
speed and direction plus other data relevant to siting and operation
of a WECS facility. For purposes of this section, meteorological towers
do not include towers and equipment used by airports, the Illinois
Department of Transportation, or other similar applications or government
agencies, to monitor weather conditions.
Real property that is not a participating property as defined
in this section.
A residence that is located on nonparticipating property
and that is existing and occupied on the date that an application
for a special use permit is filed with the Director of Building and
Zoning.
A written document, named as such, stating that the applicant
expresses an intent to commence construction activities on a WECS
project and identifying the date on which the construction activities
are scheduled to commence.
Any one or more of the following buildings that exists and
is occupied on the date that the special use permit application is
filed with the Director of Building and Zoning: a school, place of
worship, day-care facility, public library, or community center.
The person or entity responsible for the day-to-day operation
and maintenance of a WECS facility, including any third-party subcontractors.
The operator must be a qualified wind power professional. All references
to an operator in this section shall include an operator's successors-in-interest
and assigns.
(i) a person or entity with a direct ownership interest in
the WECS facility, regardless of whether the person or entity is involved
in acquiring the necessary rights, permits, and approvals or otherwise
planning for the construction and operation of the WECS facility,
or (ii) at the time the facility is being developed, a person or entity
who is acting as a developer of the WECS facility by acquiring the
necessary rights, permits, and approvals or by planning for the construction
and operation of the facility, regardless of whether the person or
entity will own or operate the WECS facility. "Owner" does not include
the owner of a participating property (unless the property owner has
an equity interest in a WECS facility); or (ii) any person or entity
holding a security interest in a WECS facility solely to secure an
extension of credit, or a person or entity foreclosing on such security
interest, provided that after foreclosure, such person or entity seeks
to sell the WECS facility at the earliest practicable date.
Real property that is the subject of a written agreement
between a facility owner and the owner of real property that provides
the facility owner an easement, option, lease, or license to use the
real property for the purpose of constructing or operating a WECS
facility, substation, or supporting facilities. "Participating property"
also includes real property that is owned by a facility owner for
the purpose of siting, constructing, or operating a WECS facility,
substation, or supporting facilities.
A residence that is located on participating property and
that is existing and occupied on the date that an application for
a Special use permit is filed with the Director of Building and Zoning.
A professional engineer licensed to practice engineering
in the State of Illinois. Where a structural engineer is required
to take some action under terms of this section, a professional engineer
may serve as the structural engineer if he or she has the appropriate
structural engineering certification.
Land owned in fee title by county, state or federal agencies
and managed specifically for conservation purposes, including, but
not limited to, county, state and federal parks, state and federal
wildlife management areas, state scientific and natural areas, and
federal wildlife refuges and waterfowl protection areas. Public conservation
lands do not include private lands upon which conservation easements
have been sold to government agencies or nonprofit conservation organizations.
Public conservation lands also do not include private land for which
the owners have entered into contractual relationships with government
or nonprofit conservation organizations for conservation purposes.
A permit, subject to the requirements of this section, approved
by the Stephenson County Board, after a public hearing, allowing for
the siting, construction, and operation of a WECS facility, substation(s),
or supporting facilities, at a specified location, subject to compliance
with specified conditions as may be required by the County Board.
The apparatus that collects and connects the electrical collection
system of the WECS facility and increases the voltage for connection
with the utility's transmission lines.
Any transmission lines, electrical power lines to be utilized
for the conveyance of power within or from the WECS facility to the
electric grind, operations and maintenance building(s), fencing, lighting,
access roads, meteorological towers, storage containers, and any other
equipment associated with the generation and storage of electricity
by the WECS facility.
A permit necessary for the commencement of work performed
toward the construction, erection or installation of an approved WECS
facility, substation, and/or supporting facilities. A WECS building
permit may be issued by the Director of Building and Zoning after
a WECS facility has obtained a special use permit from the County
Board and Director of Building and Zoning determines that all conditions
imposed by a special use permit, if any, have been satisfied. The
WECS building permit shall require the applicant (WECS permittee)
to deliver a written "notice to proceed" for the WECS facility to
the Director of Building and Zoning and the County Board prior to
commencement of construction of the WECS facility. The term "commencement
of construction," as used in this section, includes any site development
work (e.g., demolition, grubbing, grading, excavation, road work,
construction of project-related structures and infrastructure improvements,
etc.) regarding the WECS facility, substation(s) or supporting facilities.
An applicant who applies for and receives a special use permit
under this section. All references to a WECS permittee in this section
shall include a WECS permittee's successors-in-interest and assigns.
The distance from the rotor blade at its highest point to
the surface of the WECS Tower foundation.
Includes the wind turbine tower, nacelle, and blades.
Any piece of electrical generating equipment that converts
the kinetic energy of moving wind into electrical energy through the
use of airfoils or similar devices to capture the wind.
(3)
Prohibition.
(a)
No WECS facility, substation or support facilities governed
by this section shall be constructed, erected, installed, or located
within the County, unless prior siting approval has been obtained
pursuant to a special use permit under this section.
(4)
WECS special use permit application.
(a)
An applicant for a special use permit must submit a special
use permit application with the Director of Building and Zoning that
complies with the requirements of this section.
(b)
In addition to any information required by § 400-92 of the County's Zoning Ordinance, a special use permit application under this section shall contain or be accompanied by the following information:
[1]
A WECS facility summary, including, to the extent available:
(a) a general description of the project, including (i) its approximate
overall nameplate generating capacity, (ii) the potential equipment
manufacturer(s), (iii) type(s) of WECS Towers, (iv) the number of
WECS Towers, and nameplate generating capacity of each WECS Tower,
(v) the maximum height of the WECS Tower(s) and maximum diameter of
the WECS(s) rotor(s), (vi) the number and proposed locations of substations,
(vii) the number and proposed locations of any operations and maintenance
buildings, (viii) a project site plan, project phasing plan and project
construction timeline plan, and (ix) the general location of the project;
and (b) a description of the applicant, owner and operator, including
their respective business structures;
[2]
The name(s), address(es), and phone number(s) of the applicant(s),
owner and operator, and all property owner(s), if known, and documentation
demonstrating land ownership or legal control of the property;
[3]
A site plan for the WECS project showing the planned location
of each WECS Tower, including legal descriptions for each site, guy
lines and anchor bases (if any), participating and nonparticipating
residences, occupied community buildings parcel boundary lines (including
identification of adjoining properties), setback lines, public access
roads and turnout locations, substation(s), operations and maintenance
buildings, and permanent meteorological towers, electrical cabling
from the WECS Tower to the substation(s), ancillary equipment, third-party
transmission lines, the location of any wetlands, floodplain, drainage
structures including surface ditches and subsurface drainage lines,
underground mines, scenic and natural areas within 1,500 feet of any
part of the proposed WECS facility, the location of all known communications
towers within two miles of any part of the proposed WECS facility,
and the layout of all structures within the geographical boundaries
of any applicable setback;
[4]
All determinations of No Hazard to Air Navigation from the Federal
Aviation Administration;
[5]
A decommissioning plan and proposed decommissioning agreement
with the County for the WECS facility, including cost estimations;
[6]
All required studies, reports, certifications, and approvals
demonstrating compliance with the provisions of this section;
[7]
An Agricultural Impact Mitigation Agreement (AIMA) executed
between the applicant and the Illinois Department of Agriculture;
[8]
The topographic map shall include the WECS facility site and
the surrounding area;
[9]
Any other information normally required by the County as part
of its permitting requirements for siting buildings or other structures;
[10]
Any waivers from the setback requirements executed
by the occupied community building owners and/or the nonparticipating
property owners bearing a file stamp from the County Recorder of Deeds
Office confirming that the waiver was recorded against title to the
affected real property;
[11]
Waivers from the shadow flicker mitigation requirements
executed by the occupied community building owners and/or the nonparticipating
property owners bearing a file stamp from the County Recorder of Deeds
Office confirming that the waiver was recorded against title to the
affected real property;
[12]
Results and recommendations from the Illinois
Department of Natural Resources obtained through the Ecological Compliance
Assessment Tool or a comparable successor tool;
[13]
Results of the United States Fish and Wildlife
Service's Information for Planning and Consulting environmental
review or a comparable successor tool that is consistent with the
United States Fish and Wildlife Service's Land-Based Wind Energy
Guidelines;
[14]
Information demonstrating that the WECS project
will avoid Protected Lands;
[15]
Any other studies, reports, certifications, or
information requested by the County or the County consultants that
is necessary to evaluate the siting and operation of the WECS project
and to demonstrate that the WECS project meets each of the regulations
in this section.
(c)
Material changes to the application are not allowed once the
notice of the public hearing has been published; and
(d)
The applicant shall submit 12 copies of the special use permit
application to the County, and at least one copy in electronic format.
(5)
Design and installation.
(a)
Design safety certification.
[1]
WECS facilities shall conform to applicable industry standards,
including those of the American National Standards Institute (ANSI).
Applicants shall submit certificates of design compliance that equipment
manufacturers have obtained from Underwriters Laboratories (UL), Det
Norske Veritas (DNV), Germanischer Lloyd Wind Energie (CGL), or an
equivalent third party, approved by the County Engineer. The certificates
shall be public records and submitted as a part of the application.
All WECS Turbines shall be new equipment commercially available; no
used or experimental equipment shall be used in the WECS facility
without the approval of a variance by the County Board.
[2]
Following the granting of special use permit under this section,
a professional engineer shall certify, as part of the WECS building
permit application process, that the foundation and tower design of
the WECS is within accepted professional standards, given local soil,
subsurface and climate conditions.
(b)
Controls and brakes. All WECS Towers shall be equipped with
a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, tilt, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(c)
Electrical components. All electrical components of the WECS
facility shall conform to applicable local, state, and national codes,
and relevant national and international standards (e.g., ANSI and
International Electrical Commission).
(d)
Aesthetics and lighting. The following items are recommended
standards to mitigate visual impact:
[1]
Coatings and coloring: WECS Towers and blades shall be painted
white or gray or another nonreflective, unobtrusive color.
[2]
Turbine consistency: To the extent feasible, the WECS project
shall consist of wind turbines of similar design and size, including
tower height. Further, all wind turbines shall rotate in the same
direction. Wind turbines shall also be consistent in color and direction
with any neighboring WECS Facilities.
[3]
Lighting: WECS projects shall not be artificially lit unless
otherwise required by the FAA. If required to be lit, the lighting
shall meet the FAA requirements at the lowest intensity allowed. The
applicant shall install and use aircraft detection lighting systems
(ADLS) on all WECS Towers. "ADLS" means software approved by the FAA
which keeps all WECS Tower lights off until an aircraft approaches.
[4]
Intra-project power and communication lines: All power lines
used to collect power from individual wind turbines and all communication
lines shall be buried underground at a depth in accordance with the
Agricultural Impact Mitigation Agreement until same reach the property
line of a substation.
(e)
Warnings.
[1]
A reasonably visible warning sign concerning voltage must be
placed at the base of all pad-mounted transformers and substations,
and at all entrances to the Wind Towers.
[2]
Visible, reflective, colored objects, such as flags, plastic
sleeves, reflectors, or tape shall be placed on the anchor points
of guy wires (if any) and along the guy wires up to a height of 15
feet from the ground.
(g)
Setback requirements.
[1]
The WECS facility shall be sited as follows, with setback distances
measured from the center of the base of the WECS Tower:
[a]
Occupied community buildings: 2.1 times the maximum
blade tip height of the WECS Tower to the nearest point on the outside
wall of the structure.
[b]
Participating residences: 1.1 times the maximum
blade tip height of the WECS Tower to the nearest point on the outside
wall of the structure;
[c]
Nonparticipating residences: 2.1 times the maximum
blade tip height of the WECS Tower to the nearest point on the outside
wall of the structure;
[d]
Boundary lines of participating property: None;
[e]
Boundary lines of nonparticipating property: 1.1
times the maximum blade tip height of the WECS Tower to the nearest
point on the property line of the nonparticipating property;
[f]
Public road rights-of-way: 1.1 times the maximum
blade tip height of the WECS Tower to the center point of the public
road right-of-way;
[g]
Overhead communication and electric transmission
and distribution facilities (not including overhead utility service
lines to individual houses or outbuildings): 1.1 times the maximum
blade tip height of the WECS Tower to the nearest edge of the property
line, easement, or right of way containing the overhead line;
[h]
Overhead utility service lines to individual houses
or outbuildings: None;
[i]
Fish and Wildlife Areas and Illinois Nature Preserve
Commission protected lands: 2.1 times the maximum blade tip height
of the WECS Tower to the nearest point on the property line of the
fish and wildlife area or protected land.
[2]
The setback requirements may be waived by the written consent
of the owner(s) of each affected property. The applicant does not
need to obtain a variance from the County upon waiver by the property
owner of the setback requirement. Any waiver of any of the above setback
requirements shall run with the land and be recorded with the Recorder
of Deeds of the County.
(h)
Compliance with additional regulations. Nothing in this section
is intended to preempt other applicable state and federal laws and
regulations.
(i)
Use of public roads.
[1]
An applicant proposing to use any County, municipality, township
or village road(s), for the purpose of transporting WECS or substation
parts and/or equipment for construction, operation, or maintenance
of the WECS(s) or substation(s), shall:
[2]
To the extent an applicant must obtain a weight or size permit
from the County, municipality, township or village, the applicant
shall, as a part of its application:
[a]
Conduct a pre-construction baseline survey to determine
existing road conditions for assessing potential future damage; and
[b]
Any proposed public roads that will be used for
construction purposes shall be identified and approved, in writing,
by the respective Road District Commissioner and the County Engineer
prior to the granting of the special use permit. Traffic for construction
purposes shall be limited to these roads. All overweight and/or oversized
loads to be transported on public roads may require a permit from
the respective highway authority. Any road damage caused by the transport
of the facility's equipment, the installation, maintenance, or
removal, must be completely repaired to the reasonable satisfaction
of the Road District Commissioner and the County Engineer. The Road
District Commissioner and County Engineer may choose to require either
remediation of road repair upon completion of the WECS project or
are authorized to collect fees for overweight and/or oversized load
permits. Further, financial assurance in an amount and manner to be
fixed and approved by the Road District Commissioner to ensure the
Road District or the County that future repairs are completed to their
reasonable satisfaction shall be provided. Applicant shall submit
a draft form of said financial assurance with application for special
use permit.
[c]
Road use agreement provisions.
[i]
Enter into a road use agreement with the County
and each affected road district that includes the following provisions,
at a minimum:
[ii]
If an agreement allowing overweight vehicles is
reached, such road use agreement shall, at a minimum, require applicant
to be responsible for the reasonable cost of improving roads used
to construct WECS and the reasonable cost of repairing roads used
by the facility owner during construction of the WECS so that those
roads are returned to their pre-construction state and are in a condition
that is safe for the driving public after the completion of the WECS
construction. Roadways improved in preparation for and during the
construction of the WECS shall be repaired and restored to the improved
condition at the reasonable cost of the developer if the roadways
have degraded or were damaged as a result of construction-related
activities. Any such road use agreements must be a part of the special
use permit application.
[3]
All repairs and improvements to County public roads and roadway
appurtenances shall be subject to the prior approval of the County
Engineer before being made and shall also be subject to inspection
and acceptance by the County Engineer after such repairs and improvements
are completed. The County's road use agreement, and any further
agreements contemplated therein, regarding the maintenance and repair
of County public roads and highways, must be approved by the County
Board prior to its approval of a special use permit and to any approval
of any WECS building permit applications.
(j)
Site assessment. To ensure that the subsurface conditions of
the site will provide proper support for the WECS Towers and soil
restoration, the applicant, at its expense, shall provide soil and
geotechnical boring reports to the County Engineer with respect to
each WECS Tower location, as part of its WECS building permit. The
applicant shall follow any guidelines submitted by the County Soil
and Water Conservation District. The applicant shall submit grading
plans for the substation(s) and operations and maintenance buildings
for review and comment by the County Soil and Water Conservation District
prior to the issuance of any WECS building permit. The County's
Soil and Water Conversation District's Land Evaluation and Site
Assessment report for the proposed WECS project shall be submitted
as a part of the applicant's special use permit application.
(k)
Communications analysis and interference. All WECS Facilities
shall be located, designed, constructed, and operated so as to avoid
interference with any doppler radar or weather warning system of any
local or national weather service, electromagnetic communications,
such as radio, telephone, microwave transmissions, internet, other
personal communication systems, or television signals and local government
public safety (police, fire, emergency medical services, emergency
management services, 911 dispatch) communications. In furtherance
of this standard:
[1]
The applicant, at its expense, shall have a third party, qualified
professional (subject to the approval of the County Engineer) conduct
an appropriate analysis of any electromagnetic communications, such
as radio, telephone, microwave transmissions, internet, or television
signals within two miles of the footprint of the WECS facility. Said
analysis shall be a public record and be submitted as a part of the
application. Said analysis will serve as a baseline reading for reception
conditions prior to the construction of the WECS facility.
[2]
The applicant, at its expense, shall have a third party, qualified
professional (subject to the approval of the County Engineer), conduct
a communications analysis that indicates that the E9-1-1 communications,
emergency communications or official County and local municipal communications
reception or any doppler radar or weather warning system of any local
or national weather service shall not be negatively impacted or influenced
by the proposed wind power facility. Said analysis shall be a public
record and shall be submitted as part of the application.
[3]
The applicant shall provide the applicable national or local weather services, microwave transmission providers (including television stations, radio stations, cell phone and internet providers) and local emergency service provider(s) (911 operators) copies of the WECS facility Summary and Site Plan, as set forth in Subsection B(4)(b)[1] and B(4)(b)[3] of this section and any analysis required under this section. To the extent that the above provider(s) demonstrate a likelihood of interference with its communications resulting from the WECS facility, the applicant, at its expense, shall take reasonable measures to minimize and mitigate such anticipated interference and with regard to interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications or any doppler radar or weather warning system of any local or national weather service, the applicant and the operator, at applicant's expense, shall take all necessary and available measures to eliminate any such interference.
[4]
If, after construction of the WECS, the applicant (WECS permittee)
or operator receives a written complaint related to electromagnetic
communications, such as radio, telephone, microwave transmissions,
internet, or television signals impacted by the WECS facility, the
applicant (WECS permittee) shall forward a copy of the complaint to
the Zoning Enforcement Officer and County Engineer for review within
two business days of its receipt. Once the construction is complete
and a complaint is received by the County, the Complaint will be forwarded
to the applicant within two business days. In either case, the applicant
will be given 15 calendar days from its receipt of the Complaint to
respond, in writing. Said response shall be addressed and forwarded
to the Zoning Enforcement Officer, County Engineer, and the complainant.
Such response shall include, but not be limited to, the following:
an acknowledgment that a complaint was made and evaluated by the applicant
(WECS permittee). If considered valid by the applicant (WECS permittee):
an explanation, including a timeline, as to what the applicant (WECS
permittee) intends to do about the complaint. The applicant (WECS
permittee) of the wind power facility will be given an additional
15 calendar days from the validation date to resolve said issue. An
applicant must take all necessary and available commercially reasonably
measures to eliminate such interference. If considered invalid by
the applicant (WECS permittee), an explanation, including supporting
documentation and expert opinions, as to why the applicant (WECS permittee)
believes the complaint is not valid.
[5]
In the case of a complaint of interference with local, government
public safety (police, fire, emergency medical services, emergency
management services, 911 dispatch) communications or doppler radar
or other local or national weather service communication, the applicant,
at its expense, shall immediately take all necessary and available
commercial measures to eliminate any such interference.
[6]
All written complaints received by the applicant shall be forwarded
to the County's Zoning Enforcement Officer. All written complaints
submitted to the applicant or the County shall be public record and
maintained, at a minimum, for the life of the WECS facility.
(l)
Noise levels. Noise levels from a WECS facility shall be in
compliance with applicable sound limitations established by the Illinois
Pollution Control Board (IPCB) under 35 III. Adm. Code Parts 900,
901 and 910. The applicant shall submit manufacturer's wind turbine
sound power level characteristics and other relevant data regarding
wind turbine noise characteristics necessary for a competent noise
analysis. The applicant, through the use of a qualified professional,
shall appropriately demonstrate compliance with the applicable noise
requirements in its special use permit application, which shall include,
at a minimum, a baseline pre-operation background study consistent
with all IPCB Regulations.
(m)
Agricultural impact mitigation. Pursuant to 505 ILCS 147/15(a),
the applicant, at its expense, shall enter into an Agricultural Impact
Mitigation Agreement with the Illinois Department of Agriculture prior
to any public hearing required before a siting decision on the WECS
project application. All impacted agricultural land, whether impacted
during construction, operation, or decommissioning activities, must,
at a minimum, be remediated by the applicant pursuant to the terms
of the Agricultural Impact Mitigation Agreement with the Illinois
Department of Agriculture. The applicant shall submit the executed
Agricultural Impact Mitigation Agreement to the County as part of
the special use permit application.
(n)
Avian and wildlife impact study. The applicant, at its expense,
shall have a third party, qualified professional, such as an ornithologist
or wildlife biologist, conduct an avian and wildlife impact study
and submit said study as part of its application. Each WECS project
shall be located, designed, constructed, and operated so as to avoid
and if necessary mitigate the impacts to wildlife. Said study shall
include, but not be limited to, a consultation with the Illinois Department
of Natural Resources and United States Fish and Wildlife Services.
(o)
Historic preservation study. The applicant, as part of its application
and at its expense, shall provide evidence of consultation with the
Illinois State Historic Preservation Office (ISHPO) to assess potential
impacts on State- registered historic sites under the Illinois State
Agency Historic Resources Preservation Act (20 ILCS 3420/1 et seq.)
and demonstrate its compliance with any recommendations provided by
the ISHPO for the WECS or WECS project.
(p)
Vegetation screening plan. The applicant shall include in its
application a vegetation screening and management plan for its WECS
projects, which includes, at a minimum, vegetation screening around
the area immediately outside of any security fencing designed to screen
the fencing from the sight lines from neighboring roads and properties.
(q)
Identification of adjacent and contiguous properties. The applicant
shall provide a list of the names and addresses of all property owners
as taken from the latest adopted tax rolls, whose property is adjacent
and contiguous to the lot(s) of record of which all or a portion of
is subject to the special use application. The applicant shall also
provide a list of the owners of all participating properties, which
shall include the nature of applicant's rights to the participating
properties.
(r)
Signage. Signage is to be consistent with ANSI and AWEA standards.
A conspicuous warning sign concerning voltage shall be placed at the
base of all pad-mounted transformers and substations, and at all entrances
to Wind Towers.
(s)
Shadow flicker study. The applicant, as part of its application,
must present a model study on potential shadow flicker to be produced
by the WECS project. The applicant shall appropriately demonstrate
to the County Board through industry standard modeling that no occupied
community building or nonparticipating residence will experience a
duration of more than 30 hours of shadow flicker a year. An occupied
community building owner or a nonparticipating participating residence
owner may waive this shadow flicker mitigation requirement. Each waiver
of the above shadow flicker mitigation requirement shall be set forth
in a written waiver executed by the respective owner and filed with
the County Recorder of Deeds Office against title to the affected
real property.
(t)
As-built map and plans. Within 60 calendar days of completion
of construction of the WECS project, the applicant or operator shall
deliver "as-built" maps, site plan and engineering plans for the WECS
project that have been signed and stamped by a professional engineer
and a licensed surveyor.
(u)
Engineer's certificate. The WECS project engineer's
certificate shall be completed by a professional engineer (whose qualifications
are subject to the approval of the County Engineer) and shall certify
that the eacg WECS tower and foundation design is compatible with
and appropriate for each WECS tower and wind turbine design proposed
to be installed and that the specific soils and subsurface conditions
at the site can support the apparatus, given local soil, subsurface
and climate conditions. All commercially installed wind turbines must
utilize self- supporting, tubular towers. The WECS project engineer's
certificate shall be a public record and shall be submitted as part
of the special use permit application.
(v)
Conformance with approved application and plans. The applicant
shall construct and operate the WECS project in substantial conformance
with the construction plans contained in the special use permit application(s),
conditions placed upon the operation of the facility in the special
use permit, this section and all applicable state, federal and local
laws and regulations.
(w)
Decommissioning plan and site reclamation. Applicant (or owner,
if different from applicant), as part of its special use permit application,
must submit a decommissioning plan and proposed decommissioning agreement
with cost estimation to the County and provide testimony supporting
the calculation of costs provided in said plan during the public hearing
on the application. Prior to receiving any building permit for any
part of the WECS facility, the applicant or owner shall provide a
decommissioning agreement and post the required Financial Assurances
for the benefit of the County. The decommissioning agreement and financial
assurances shall comply with 55 ILCS 5/5-12020. Periodically, and
as required by the Agricultural Impact Mitigation Agreement entered
into by the applicant or owner and the illinois Department of Agriculture,
the owner must update the decommissioning plan, cost estimations and
provide updated financial assurances to the benefit of the County.
(x)
Blade tip height. No WECS Tower shall have a blade tip height
greater than 500 feet, unless the applicant has received a Determination
of No Hazard to Air Navigation from the Federal Aviation Administration
under 14 CFR Part 77, for any WECS Tower(s) with a blade tip height
in excess of 500 feet. In such case, any Determinations of No Hazard
to Air Navigations shall be submitted as part of the special use permit
application and the maximum blade tip height for any such WECS Tower(s)
shall be the height approved by the FAA in the respective Determination
of No Hazard to Air Navigations as set forth in the application.
(y)
Additional terms and conditions.
[1]
All technical submissions as defined in the professional engineering
practice act of 1989 [225 ILCS 325/4(w)] and contained in the special
use permit application shall be prepared and signed by a licensed
Illinois professional engineer for the relevant discipline.
[2]
The County may retain a qualified, independent code inspector
or professional engineer both to make appropriate inspections of the
WECS project during and after construction and to consult with the
County to confirm that the construction, substantial repair, replacement,
repowering and/or decommissioning of the WECS project is performed
in compliance with applicable electrical and building codes. The cost
and fees so incurred by the County in retaining said inspector or
engineer shall be promptly reimbursed by the applicant of the WECS
project.
[3]
The applicant shall install locked metal gates at the access
road entrances of all the wind turbine locations. A security lock
box shall be installed near the locked gate to facilitate access in
case of emergencies.
[4]
The special use permit granted to the applicant shall bind and
inure to the benefit of the applicant, its successors-in-interest
and assigns. If any provision in this section, or conditions placed
upon the operation of the commercial wind energy facility is held
invalid, such invalidity shall not affect any other provision of this
section that can be given effect without the invalid provision and,
to this end, the provisions in this section are severable.
[5]
The applicant shall provide an executed road use agreement between
the applicant and the appropriate governing road and highway jurisdictions
or the Illinois Department of Transportation, to the County showing
approved entrances prior to the issuance of any WECS building permit
or prior to construction of the WECS project.
[6]
The applicant shall use two methods to detect icing conditions
on turbine blades: (1) sensors that detect when blades become imbalanced
or create vibration due to ice accumulation; and (2) meteorological
data from on-site meteorological towers, on-site anemometers, and
other relevant weather sources that will be used to determine if ice
accumulation is occurring. These control systems will either automatically
shut down the turbines(s) in icing conditions or the applicant will
manually shut down the turbine(s) if icing conditions are identified.
[7]
The applicant shall submit, as part of its application, an emergency
response plan, consistent with the requirements of Subsection F(2)
of this section.
(6)
Operation.
(a)
Maintenance.
[1]
Annual report. The applicant (WECS permittee) must submit, on an annual basis on the anniversary date of the County Board's granting of the special use permit, an operation and maintenance report to the Director of Building and Zoning. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the WECS and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, shadow flicker, appearance, safety, lighting and use of any public roads received by the applicant concerning the WECS and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; and (v) a general summary of service calls to the WECS. Failure to provide the annual report shall be considered a material violation of this section and subject to Subsection B(11) (Remedies).
[2]
Re-certification. Any physical modification to any part of the WECS facility that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under Subsection B(5)(a)[1] of this section. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require recertification. Prior to making any physical modification (other than a like-kind replacement or other modifications made in the ordinary course of operations), the applicant shall confer with a relevant third- party certifying entity, approved by the County Engineer, to determine whether the physical modification requires re-certification.
(b)
Coordination with emergency responders.
[1]
The applicant shall submit to a copy of the Site Plan, standard
operating procedures (SOPs) and standard operating guidelines (SOGs),
and any amendments to such documents, for the WECS facility to each
local emergency response authority with jurisdiction over any part
of the WECS facility, so that such agencies may evaluate and coordinate
their emergency response plans with the applicant.
[2]
The applicant, at its expense, shall provide annual training
for, and the necessary equipment to, the operator and local emergency
response authorities and their personnel so that they can properly
respond to a potential emergency at the WECS project. Special equipment
to be provided includes, but is not limited to, permanently installed
rescue equipment such as winches, pulleys, harnesses, etc.
[3]
Emergency response plan required. The applicant and the operator
shall cooperate with all local emergency response authorities to develop
an emergency response plan. The plan shall include, at a minimum,
twenty-four-hour contact information (names, titles, email addresses,
cell phone numbers) for the applicant and the operator and at least
three designated WECS project representatives (a primary representative
with two alternate representatives, each of whom are on-call "24 hours
per day/seven days per week/365 days per year"). Any change in the
designated WECS project representative or his/her contact information
shall be promptly communicated to the Director of Building and Zoning
and each local emergency response authority The content of the emergency
response plan, including the twenty-four-hour contact information,
shall be reviewed and updated on an annually basis.
[4]
Nothing in this section shall alleviate the need to comply with
all other applicable life safety, fire/emergency laws and regulations.
[5]
The emergency response plan shall be a part of the special use
permit application.
(c)
Water, sewer, materials handling, storage and disposal.
[1]
All solid wastes related to the construction, operation and
maintenance of the WECS shall be removed from the site promptly and
disposed of in accordance with all federal, state and local laws.
[2]
All hazardous materials related to the construction, operation
and maintenance of the WECS shall be handled, stored, transported
and disposed of in accordance with all applicable local, state and
federal laws.
[3]
The WECS project shall comply with existing septic and well
regulations as required by the County Health Department and the State
of Illinois Department of Public Health.
(d)
Drainage systems.
[1]
The applicant, at its expense, will repair, in a prompt and
timely manner, all waterways, drainage ditches, agricultural drainage
systems, field tiles, or any other private and public infrastructure
improvements damaged during construction, maintenance and operation
phases of the WECS project and in accordance with the Agricultural
Impact Mitigation Agreement.
[2]
Pursuant to 55 ILCS 5/5-12020, notwithstanding any other provision
of law, a facility owner or WECS permittee with siting approval from
the County to construct WECS facility is authorized to cross or impact
a drainage system, including, but not limited to, drainage tiles,
open drainage districts, culverts, and water gathering vaults, owned
or under the control of a drainage district under the Illinois Drainage
Code (70 ILCS 605/1-1 et seq.) without obtaining prior agreement or
approval from the drainage district, except that the facility owner
or WECS permittee shall repair or pay for the repair of all damage
to the drainage system caused by the construction of the commercial
solar energy facility within a reasonable time after construction
of the commercial wind energy facility or the commercial solar energy
facility is complete.
(e)
Complaint resolution plan. The applicant shall, at its expense
and in coordination with the Director of Building and Zoning, develop
a system for logging and investigating complaints related to the WECS
project. The complaint resolution plan shall be a part of the application.
The applicant shall resolve such nonemergency complaints on a case-by-case
basis and shall provide written confirmation to the Director of Building
and Zoning. All costs and fees incurred by the County in attempting
to or resolving complaints shall be reimbursed by the owner or WECS
permittee. The applicant shall also designate and maintain for the
duration of the WECS project either a local telephone number or a
toll-free telephone number and an email address as its public information/inquiry/and
complaint "hotline" which shall be answered by a customer service
representative 24/7 basis. The applicant shall post the telephone
number(s) and email address(es) for the customer service representative(s)
in a prominent, easy-to-find location on their websites and on conspicuous
signage at the entrance of each WECS Tower site and any operations
and maintenance buildings. The applicant shall provide the Building
and Zoning Director a list of all complaints received on an annual
basis or upon request.
(7)
Liability insurance and indemnification.
(a)
Commencing with the issuance of a WECS building permit, the
WECS permittee shall maintain a current general comprehensive liability
policy and automobile liability coverage covering bodily injury, death
and illness, and property damage with limits of at least $1,000,000
per occurrence and in the aggregate; and, shall further maintain the
above-stated lines of insurance from delivery of the "Notice to Proceed"
by the WECS permittee under the turbine supply and/or balance of plant
construction contract(s) for the WECS project, in coverage amounts
of at least $1,000,000 per occurrence and $2,000,000 in the aggregate
during the life of the WECS project. The applicant shall file the
original certificate of insurance upon commencement of project construction
prior to the issuance of a WECS building permit, corresponding policies
and endorsements to be provided within 60 days of issuance, and at
each subsequent renewal, at least annually thereafter. The certificate
of insurance shall name the County and its officers, appointed and
elected officials, employees, attorneys, engineers and agents as an
additional insured.
(b)
The applicant (WECS permittee) shall defend, indemnify and hold
harmless the County and its officers, appointed and elected officials,
employees, attorneys, engineers and agents (collectively and individually,
the "indemnified parties") from and against any and all claims, demands,
losses, suits, causes of action, damages, injuries, costs, expenses
and liabilities whatsoever, including reasonable attorney's fees
relating to or arising out of the issuance of the special use permit
or the construction, operation, maintenance and removal of the WECS
facility, substation(s), or supporting facilities, and affiliated
equipment including, without limitation, liability for property damage
or personal injury (including death or illness), whether said liability
is premised on contract or on tort (including without limitation strict
liability or negligence) or any acts or omissions of the applicant
(WECS Permitee), the owner or the operator under this section or the
special use permit, except to the extent any such claims, demands,
losses, suits, causes of action, damages, injuries, costs, expenses
and liabilities arise from the gross negligence or intentional acts
of such indemnified parties. This general indemnification shall not
be construed as limiting or qualifying the County's other indemnification
rights available under the law.
(8)
Remedies.
(a)
The applicant's failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the facility, and/or with any provision of this section, or other law, rule or regulation shall be a default and shall be grounds for revocation of the special use permit pursuant to the procedures set forth at § 400-92J(3) of the Stephenson County Zoning Ordinance.
(b)
Prior to implementation of the applicable County procedures for the resolution of default(s), the County Board must first provide written notice to the applicant and operator, setting forth the alleged default(s) and provide an opportunity for the applicant or the operator to cure the default(s) within a thirty-calendar day period from the date of the notice. Should the applicant commence the cure within that thirty-day cure period, and diligently pursues a cure, then the applicant shall receive an additional 60 days to continue to pursue the cure before the County pursues procedures for the resolution of default. If the default poses an immediate threat to public health or safety, or interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant or the operator shall take all necessary and available commercial measures to immediately cure the default. If the applicant or operator cannot cure the default(s) or resolve the alleged default(s) within the cure period, then procedures for the revocation of special use permits set forth at § 400-92J(3) shall govern.
(9)
Fee schedule and permitting processes.
(a)
Application fees.
[1]
At the time of its submission of its special use permit application,
the applicant must submit a certified check to the County for the
necessary application fee.
[2]
Should the actual costs to the County exceed the submitted application
fee, the applicant shall be responsible for those additional costs
and shall remit additional funds to the County within 15 days of receipt
of a request from the County. No hearings on an application shall
be conducted nor final decisions rendered on an application if there
are application fees due to the County.
(b)
All costs to be paid by applicant or owner.
[1]
The Zoning Board of Appeals or County Board may also retain
the services of a third-party expert to review technological evidence
presented by the applicant and the applicant shall be liable for the
costs of such third-party expert. The Zoning Board of Appeals or County
Board may secure the services of an independent safety consultant
to conduct periodic inspections and the applicant shall be liable
for the costs of such inspections. The applicant shall also pay all
costs incurred by the County, including, but not limited to, those
costs associated with all offices, boards and commissions of the County.
This includes, but is not limited to, the direct or indirect costs
associated with the hearing, permitting, operations, inspections,
decommissioning, litigation, related attorney's fees, disputes,
and/or negotiations.
(10)
Review, public hearing and consideration of special use permit
application.
(a)
Upon the submission of an application and the necessary application
fees, the Director of Building and Zoning Officer shall schedule a
date for a public hearing before the Zoning Board of Appeals. The
public hearing must be held within 45 days of the submission of the
application and the necessary application fees. Notice must be published
in a newspaper of general circulation not more than 30 days and not
less than 15 days prior to the public hearing. The content of the
notice must be consistent with the requirements of 55 ILCS 5/5-12009.5.
(b)
The Zoning Board of Appeals must also give at least 15 days'
notice before the hearing to (i) any municipality whose boundaries
are within 1.5 miles of any part of the property proposed as a special
use; and (ii) the owner or owners of any land adjacent to or immediately
across any street, alley, or public right-of-way from any property
proposed as a part of the special use. The applicant shall submit,
with its application, mailing labels for all such municipalities and
property owners. The applicant must pay for the costs of publication
and mailing of the notices. It is the applicant's burden to identify
all municipalities and property owners that are entitled to notice
of the public hearing pursuant to this section and 55 ILCS 5/5-12020(c).
The applicant may elect to issue the necessary notices itself, but
must make such election in writing, as part of its application.
(c)
The applicant shall present at least one witness to testify
at the hearing in support of its application. The Zoning Board of
Appeals shall promulgate procedures for such hearings, which shall
be consistent with the Open Meetings Act[3] and allow members of the public a reasonable opportunity
to present evidence and cross-examine the applicant and its witnesses.
[3]
Editor's Note: See 5 ILCS 120/1 et seq.
(d)
The Zoning Board of Appeals shall submit a written report and
recommendation to the County Board within 15 days after the close
of the public hearing.
(e)
The County Board must make its siting and permitting decisions
not more than 30 days after the conclusion of the public hearing.
(f)
No WECS project special use application which has been denied
wholly or in part by the County Board may be resubmitted for a period
of one year from the date of said order of denial, except on the grounds
of new evidence of proof of change of conditions found to be valid
by the Director of Building and Zoning.
(11)
Hearing facilitator. The County may engage the services of a
hearing facilitator. The hearing facilitator shall be an independent
contractor who shall conduct a hearing in accordance with all applicable
rules of the board and the County but has no adjudicatory responsibility
other than ruling on requests for continuances, procedural matters,
admissibility of evidence and the propriety of any arguments. The
hearing facilitator shall be an attorney, licensed to practice in
the State of Illinois. The applicant shall reimburse the county for
the fees and costs charged by the facilitator.
(12)
Hearing factors.
(a)
The County Board may approve a special use permit application
if it finds the evidence complies with federal, state, and local laws
and regulations, and with the standards of this section.
(b)
Special use permit conditions and restrictions. The County Board
may stipulate conditions, guarantees and restrictions, upon the establishment,
location, construction, maintenance, and operation of the WECS project
as are deemed necessary for the protection of the public interest
and to secure compliance with the standards and requirements of this
section.
(c)
Revocation.
[1]
In any case where a special use permit has been approved for
a WECS project, the applicant shall apply for a WECS building permit
from the County and all other permits required by other government
or regulatory agencies to commence construction, and commence and
actively pursue construction of the project within 24 months from
the date of the granting of the special use permit. If the applicant
fails to apply for a WECS building permit from the County and all
other permits required by other government or regulatory agencies
prior to construction and/or fails to commence and actively pursue
construction of the project within the twenty-four-month period, then
without further action by the County Board, the special use permit
authorizing the construction and operation of the WECS project shall
be automatically revoked and void. Upon written request supported
by evidence that the applicant has diligently pursued issuance of
all necessary government and regulatory permits for the project required
to commence construction and that any delay in commencement of construction
of the project is due to conditions out of his/her/its control, the
County Board, in its sole discretion, may extend the above twenty-four-month
period by passage of an ordinance that amends the special use permit.
[2]
The special use permit shall be subject to revocation pursuant to the procedures set forth at § 400-92 of the Stephenson County Zoning Ordinance, if the permittee dissolves or ceases to do business, abandons the WECS project or the WECS ceases to operate for more than 12 consecutive months for any reason.
[3]
Subject to the provisions of Subsection B(8) (Remedies), a special use permit may be revoked by the County Board if the WECS project is not constructed, installed and/or operated in substantial conformance with the County-approved project plans, the regulations of this section and the stipulated special use permit conditions and restrictions.
[4]
Transferability; owner or WECS permittee. The applicant shall
provide written notification to the County Board at least 30 days
prior to any change in ownership of a WECS facility. The phrase "change
in ownership of a WECS facility" includes any kind of assignment,
sale, lease, transfer or other conveyance of ownership or operating
control of the WECS facility or any portion thereof. The applicant
or successors-in-interest or assignees of the special use permit,
as applicable, shall remain liable for compliance with all conditions,
restrictions and obligations contained in the special use permit,
the provisions of this section and applicable county, state and federal
laws.
[5]
Modification. Any modification of a WECS project that alters
or changes the essential character or operation of the WECS project
in a way not intended at the time the special use permit was granted,
or as subsequently amended, shall require a new special use permit.
The applicant, permittee, or authorized representative shall apply
for a new special use permit prior to any modification of the WECS
project.
[6]
Permit effective date. The special use permit shall become effective
upon approval of the special use ordinance by the County Board or
as otherwise provided by the County Board.
(13)
Interpretation. The provisions of this section shall be held
to the minimum requirements adopted for the promotion and preservation
of public health, safety and general welfare of Stephenson County.
(14)
Severability. If any section, paragraph, clause, phrase or part
of this section is for any reason held invalid by any court or competent
jurisdiction, such decision shall not affect the validity of the remaining
provisions of these regulations.
(15)
When effective. This section shall be in full force and effect
from and after its passage, publication and approval as required by
law.
C.
Adult entertainment establishment.
(1)
Purpose
and findings.
[Amended 6-15-2005 by Ord. No. 05-06-246]
(a)
Purpose. It is the purpose of this subsection to regulate the
location of sexually oriented adult businesses in order to promote
the health, safety, morals, and general welfare of the citizens of
the County, and to establish reasonable and uniform regulations to
prevent the deleterious secondary effects of adult businesses within
the County. The provisions of this subsection have neither the purpose
nor effect of imposing a limitation or restriction on the content
or reasonable access to any communicative materials, including sexually
oriented materials. Similarly, it is neither the intent nor effect
of this subsection to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment, or to deny access
by the distributors and exhibitors of sexually oriented entertainment
to their intended market. This subsection does not apply to theaters,
performing arts centers, civic centers, and dinner theaters where
live dance, ballet, music, and dramatic performances of serious artistic
merit are offered on a regular basis and in which the predominant
business or attraction is not the offering of entertainment which
is intended for the sexual interests or titillation of customers,
and where the establishment is not distinguished by an emphasis on
or the advertising or promotion of nude or seminude performances;
neither is it the intent nor effect of this subsection to condone
or legitimize the distribution of obscene material.
(b)
Findings. Based on evidence of the adverse secondary effects
of sexually oriented adult uses, presented in hearings and in reports
made available to the County, and on findings incorporated in the
cases of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425
(2002); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American
Mini Theatres, 426 U.S. 50 (1976); and Barnes v. Glen Theatre, Inc.,
501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); R.V.S.,
LLC, v. City of Rockford, 361 F.3d 402 (7th Cir. 2004); Ben's Bar,
Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003) (and cases
cited therein); Wise Enterprises, Inc. v. Unified Gov't of Athens-Clarke
County, Georgia, 217 F.3d 1360 (11th Cir. 2000); see BZAPS, Inc. v.
City of Mankato, 268 F.3d 603 (8th Cir. 2001); Sammy's of Mobile,
Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Artistic Entm't,
Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Schultz
v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd
in part, rev'd in part, 228 F.3d 831 (7th Cir. 2000); see Gary v.
City of Warner Robins, Georgia, 311 F.3d 1334 (11th Cir. 2002); Blue
Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001);
Department of Alcoholic Beverage Control v. Alcoholic Beverage Control
Appeals Bd. of California, 99 Cal. App. 4th 880 (Cal. Ct. App. 2002);
Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); LLEH, Inc.
v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Berg v. Health &
Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie,
185 F.3d 823 (1999); Entertainment Concepts v. Maciejewski, 631 F.2d
497 (1980); Genusa v. City of Peoria, 619 F.2d 1203 (1980); Graff
v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc.
v. City of Chicago, 88 F.3d 441 (1996); Chulchian v. City of Indianapolis,
633 F.2d 27 (7th Cir. 1980); United States v. Sturman, 49 F.3d 1275
(7th Cir. 1995); County of Cook v. Renaissance Arcade and Bookstore,
122 Ill.2d 123 (1988) (including cases cited therein); and other cases;
and on reports of secondary effects occurring in and around sexually
oriented adult businesses, including, but not limited to, Phoenix,
Arizona (1979); Minneapolis, Minnesota (1980); Houston, Texas (1997);
Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden Grove,
California (1991); Los Angeles, California (1977); St. Cloud, Minnesota
(1994); Whittier, California (1978); Austin, Texas (1986); Seattle,
Washington (1989); Oklahoma City, Oklahoma (1986); Police reports,
Gary, Indiana (2000); Dallas, Texas (1997); St. Croix City, Wisconsin
(1993); Bellevue, Washington (1998); Newport News, Virginia (1996);
New York Times Square study (1994); and also on findings from the
Report of the Attorney General's Working Group on the Regulation of
Adult uses, (June 6, 1989, State of Minnesota), the County finds:
[1]
Sexually oriented businesses, as a category of commercial uses,
are associated with a wide variety of adverse secondary effects, including,
but not limited to, personal and property crimes, prostitution, illicit
sex acts, potential spread of sexually transmitted diseases, lewdness,
public indecency, illegal drug use and drug trafficking, negative
impacts on property values, urban blight, pornographic litter, and
sexual assault and exploitation.
[2]
Sexual acts, including masturbation, oral and anal sex, occur
at unregulated sexually oriented businesses, especially those which
provide private or semiprivate rooms, booths, or cubicles for viewing
films, videos, or live sexually explicit shows.
[3]
The consumption of alcoholic beverages on the premises of sexually
oriented businesses exacerbates the deleterious secondary effects
of such businesses.
[4]
Each of the foregoing negative secondary effects constitutes
a harm which the County has a substantial government interest in preventing
and/or abating.
(c)
General terms and uses. This subsection contains definitions
of general terms, use types and sign terminology used throughout the
text of this chapter. The use definitions are mutually exclusive,
which means that uses that are specifically defined shall not also
be considered to be a part of a more general definition of a use type.
An "adult bookstore," for example, shall not be considered a "retail
sales and service" use, since "adult bookstore" is a more specific
definition of the use.
(2)
Separation from other uses. No adult entertainment establishment
shall be permitted within 3,000 feet of any E-1 through R-6 zoned
lot or within 3,000 feet of any religious assembly, school or park
and recreation use. This separation distance shall be measured as
a straight line, without regard to intervening properties, from the
nearest exterior wall of the adult entertainment establishment to
the nearest lot line of a lot that is zoned E-1 through R-6 or a lot
that contains a religious assembly, school or park and recreation
use.
(3)
Separation from other adult entertainment establishments. No adult
entertainment establishment shall be allowed to locate or expand within
3,000 feet of any other adult entertainment use or within 3,000 feet
of any bar or tavern.
(5)
Windows and doors. The building in which the adult entertainment
establishment is located shall be designed in such a fashion that
all openings, entries and windows prevent views into such establishments
from any sidewalk, walkway, street or other public area. Further,
no merchandise or pictures of products or entertainment on the premises
shall be displayed in window areas or any area where such merchandise
or pictures can be viewed from the sidewalk in front of the building.
No adult entertainment activity shall take place outside the building
containing the adult entertainment establishment.
(6)
Signs. Adult entertainment establishments shall be limited to one
wall-mounted sign no greater than one square foot of sign per linear
foot of wall length, not to exceed a total of 50 square feet. The
sign shall not flash, blink or move by mechanical means and shall
not extend above the roofline of the building. No flashing lights
or lighting that gives the impression of motion or movement shall
be permitted.
(7)
Parking area lighting. Lighting of parking areas that serve an adult
entertainment establishment shall provide a minimum light level of
0.25 footcandle over the entire parking area, but at no point shall
the light level exceed 3.0 footcandles, nor shall any increase in
light levels or visible glare be permitted at the lot line.
[Added 6-8-1999 by Ord. No. 99-02-239]
Home occupations shall be classified as either permitted home
occupations, which shall be permitted in all agricultural or residence
districts, or as special use home occupations, which shall be permitted
only in agricultural districts, and shall be governed by the following
regulations:
A.
Permitted home occupations and uses.
(1)
Permitted
home occupations and uses shall only be conducted within a dwelling
unit in any agricultural or residence district and include the following:
(a)
Artist's or sculptor's studio.
(b)
Use of the premises by a clergymen, physician, surgeon, dentist,
lawyer, architect, engineer, contractor, or accountant, but not for
the general practice of the profession, business or trade.
(c)
Teaching, tutoring or other types of instruction to either an
individual or a group of persons not to exceed four in aggregate,
provided it is conducted in a manner not to constitute a nuisance.
(2)
Permitted home occupations shall not include the use of any mechanical
or manufacturing equipment other than that which is usual for domestic
or hobby purposes.
B.
Prohibited home occupations and uses. Any gainful activity which
is not a permitted home occupation use shall be considered a business
or industrial use and is prohibited in any residential district. Uses
which are not deemed permitted home occupations in any agricultural
or residential district and which are not permitted include, among
others:
(1)
Clinics, doctors' offices, hospitals, dress shops, millinery shops,
taxicab or livery services, nursery schools, tea rooms, restaurants,
tourist homes, boardinghouses, rooming houses, social clubs, nursing
homes, animal hospitals, and kennels, building contractors, storage,
light manufacturing, assembly or fabrication, or similar uses.
(2)
Any wholesale, retail or service business which regularly involves
the sale, receipt or delivery of merchandise on the premises.
(3)
Any use which produces noxious matter, creates a public hazard, or
constitutes a nuisance.
(4)
The repair, body work or painting of any vehicle for remuneration.
(5)
Any permitted home occupation which is not conducted within a dwelling
unit.
C.
Special use home occupations and uses. Special use home occupations and users are only allowed in any agricultural district. No such special use home occupations shall be allowed until after a special use permit has been granted in accordance with the procedures set forth in § 400-92. Special use home occupations shall not produce noxious matter, create a public hazard, or constitute a nuisance. Special use home occupations in the agricultural district shall only be allowed in conforming detached accessory structures and may include the following:
[Amended 8-10-2017 by Ord. No. 17-08-1560]
(1)
Certain wholesale, retail or service businesses which serve the unique
and exclusive needs of the farming and rural community and businesses
that support the farming and rural community, which may include the
sale, receipt, private storage, and delivery of merchandise on the
premises, including the following:
(a)
The repair, body work and painting of any vehicle. Limited sales
of automobiles if these automobiles were repaired at the business
and used as payment for services rendered, but no more than 20 such
automobiles may be sold in any twelve-month period.
(b)
The repair and limited sales of farm equipment, but no more
than 20 items of farm equipment may be sold in any twelve-month period.
(c)
The repair, refinishing and sale of antique furniture, including
crafts.
(d)
The business of using a dwelling unit or outbuildings for social
venues.
(e)
Custom manufacturing, repair and sales of guns.
(f)
Storage units not to exceed 36 units.
(2)
Light manufacturing, assembly, fabrication, repair or similar industrial
activities.
D.
Employee limitations. The entrepreneur of every home occupation special
use or permitted home occupation shall be domiciled in the dwelling
unit on the property where the home occupation special use business
is conducted, and no more than two persons who are not domiciled in
the dwelling unit where the home occupation is conducted may be employed
in connection with, or otherwise participate in, the operation of
such home occupation.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
E.
Exterior storage. Exterior storage of any equipment, material, or
other items associated with or used in connection with any home occupation
shall be stored within an enclosed structure or behind solid fencing
of at least eight feet in height.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
F.
Signs. Only business signage will be allowed in accordance with Article XIII, Sign Regulations.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
G.
Accessibility requirements. Any building permit application for any
work involving new construction, alteration or repair for a home occupation
use, or any application for a special use home occupation, shall be
accompanied by a certificate of compliance to the Illinois Accessibility
Code.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
H.
Floor area limitations for special use home occupations. The total
cumulative floor area of accessory buildings or structures on a lot
or parcel devoted to a special use home occupation use shall not exceed
10,000 square feet.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
[Added 10-15-2005 by Ord. No. 08-10-1599]
A small wind energy system is allowed as a permitted use; a
site plan shall be submitted to the Department of Building and Zoning
demonstrating compliance with the following restriction;
A.
Setbacks. All parts of the structure of a small wind energy system,
including the tower, base, footings, and turbine but excluding guy
cables and their anchors, shall be set back a distance equal to 110%
of the system height from all adjacent property lines, road rights-of-way,
railroad rights-of-way, and rights-of-way for overhead electrical
transmission or distribution lines. Guy cables and their anchors shall
meet the setback requirements for accessory structures in the zoning
district in which the system is proposed to be located.
B.
Noise. The small wind energy system shall not exceed a noise level
of 60 decibels as measured at the closest property line. The noise
level may be exceeded during short-term events such as utility outages
and/or severe wind storms.
C.
Building permit applications shall be accompanied by standard drawings
of the system structure, including the tower, base, footings, and
guy cables certified by a licensed professional engineer. This certification
may be supplied by the manufacturer.
D.
Notifications regarding aircraft. Small wind energy systems shall comply with all applicable regulations of the FAA, including any necessary approvals for installations closer than two miles to an airport as set forth in § 400-17 of this chapter. The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approval. If the system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the applicant shall notify all such crop dusting businesses no later than five business days prior to submitting a building permit application. Copies of letters must be included in the building permit application. Orange safety balls shall be installed on each side of towers where guy wires are used for towers over 80 feet in height.
E.
Local utility company notification. Grid-tie wind energy systems
must be installed to utility company specifications. It is the responsibility
of the installer to contact the local utility company for details,
regulations and file appropriate applications/documents; as this may
vary from power provider. Copies of all applications/documents shall
be submitted upon acceptance to the Stephenson County Zoning Administrator
to be held on record.
F.
Minimum distances. The distance between any protruding blades utilized
on a small wind energy system and the ground shall be a minimum of
15 feet as measured at the lowest point of the arc of the blades.
G.
Radio and television signals. The small wind energy system shall
not cause any radio, television, microwave, or navigation interference.
If a signal disturbance problem is identified, the applicant shall
correct the problem within 90 days of the problem.
H.
Appearance. The small wind energy system shall maintain a galvanized
neutral finish or be painted to conform the system color to the surrounding
environment to minimize adverse visual effects. No small wind energy
system shall have any signage, writing, pictures, or decorations placed
on it at any time other than warning, equipment, and ownership information.
No small wind energy system shall have any flags, streamers, banners,
and other decorative items that extend from any part of the system
placed on it at any time.
I.
Removal upon end of useful life. When a system reaches the end of
its useful life and can no longer function, the owner of the system
shall remove the system within 120 days of the day on which the system
last functioned. The owner is solely responsible for removal of the
system and all costs, financial or otherwise, of system removal.
J.
Fencing. The tower shall be enclosed with a fence of at least six
feet in height or the base of the tower shall not be climbable for
a distance of eight feet measured from the ground.
K.
Required safety features. The small wind energy system shall have
an automatic overspeed control to render the system inoperable when
winds are blowing in excess of the speeds for which the system is
designed and a manually operable method to render the system inoperable
in the event of a structural or mechanical failure of any part of
the system.
L.
Tower. The upright portion of a small wind energy system to which
the primary generator devices are attached.
M.
System height shall be measured from height above grade of the highest
point of the are of the blades and shall be limited as follows:
|
A-1, A-2 Districts, B-1 through M-2 Districts
|
E-1 through R-6 Districts
| ||
|---|---|---|---|
|
Acreage
|
Height
|
Height
| |
|
0.99 or less acre
|
50 feet
|
50 feet
| |
|
1 to 1.99 acres
|
65 feet
|
65 feet
| |
|
2 to 4.99 acres
|
80 feet
|
80 feet
| |
|
5 or more acres
|
150 feet
|
80 feet
| |
[Added 12-12-2012 by Ord. No. 12-12-1943]
A.
Persons residing in Residential Districts E-1 through R-5 may keep
or maintain chickens.
B.
Private restrictions on the use of property shall remain enforceable
and take precedence over this section. Private restrictions include
but are not limited to deed restrictions, condominium master deed
restrictions, neighborhood association bylaws, and covenant deeds.
The interpretation and enforcement of the private restriction is the
sole responsibility of the private parties involved.
C.
A person who keeps or houses chickens on his or her property shall
comply with all of the following requirements:
(1)
The principal use of the person's property is for a single-family
dwelling or two-family dwelling.
(2)
No person shall keep any rooster.
(3)
The chickens shall be provided with a covered enclosure and
must be kept in the covered enclosure or a fenced enclosure at all
times.
(4)
A person shall not keep chickens in any location on the property
other than in the back yard. For purposes of this section, "back yard"
means that portion of a lot enclosed by the property's rear lot line
and the side lot lines to the points where the side lot lines intersect
with an imaginary line established by the rear of the single-family
or two-family structure and extending to the side lot lines.
(5)
No covered enclosure or fenced enclosure shall be located closer
than 10 feet to any property line of an adjacent property.
(6)
A person shall not engage in chicken breeding, egg production,
meat production or fertilizer production for commercial purposes.
(7)
A covered enclosure or fenced enclosure shall not be located
closer than 40 feet from any residential structure on an adjacent
property.
(8)
For purposes of this section, "adjacent property" means all
parcels of property that the applicant's property comes into contact
with at one or more points, except for parcels that are legally adjacent
to but are in fact separated from the applicant's property by a public
or private street.
(9)
All stored feed and other items associated with the keeping
of chickens that are likely to attract or to become infested with
or infected by rats, mice, or other rodents shall be protected so
as to prevent rats, mice, or other rodents from gaining access to
or coming into contact with them.
(10)
If the above requirements are not complied with, the County
may initiate prosecution for a civil infraction violation.
D.
Feed and water. Chickens shall be provided with access to feed and
water.
E.
All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure. No more than three cubic
feet of manure shall be stored on the permitted tract of land. All
other manure not used for composting or fertilizing shall be removed.
The henhouse, chicken tractor, chicken pen and surrounding area must
be kept free from trash and accumulated droppings. Uneaten feed shall
be removed in a timely manner.
F.
The owner shall not allow his or her chickens to roam off the owner's
tract of land. No dog or cat or other domesticated animal which kills
a chicken at any location other than the owner's tract of land will,
for that reason alone, be considered a dangerous or aggressive animal
for purposes of the County's responsibility to enforce its animal
control provisions.
G.
A person who is raising chickens has the liberty to do so, but with
liberty comes responsibility to be considerate of thy neighbors.
[Added 3-9-2017 by Ord.
No. 17-03-1514; amended 12-13-2017 by Ord. No. 17-12-1793; 8-23-2018 by Ord. No. 18-08-1910; 5-18-2023 by Ord. No. 23-05-70]
A.
ABANDONMENT
APPLICANT
APPLICATION
COMMERCIAL OPERATION DATE
COMMERCIAL SOLAR ENERGY BUILDING PERMIT
COMMERCIAL SOLAR ENERGY FACILITY (OR "FACILITY")
COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE
DIRECTOR
FINANCIAL ASSURANCE or FINANCIAL SECURITY or DECOMMISSION SECURITY
GROUND INSTALLED
LOCAL EMERGENCY RESPONSE AUTHORITIES
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
NOTICE TO PROCEED
OCCUPIED COMMUNITY BUILDING
OPERATOR
OWNER
PARTICIPATING PROPERTY
PARTICIPATING RESIDENCE
PROFESSIONAL ENGINEER
PROTECTED LANDS
PUBLIC CONSERVATION LANDS
SPECIAL USE PERMIT
SUBSTATION
SUPPORTING FACILITIES
Definitions. Notwithstanding any other definitions provided elsewhere
in the Stephenson County (County) Zoning Ordinance, the following
definitions apply to the terms listed below as used in this section:
Occurs when deconstruction has not been completed within
six months after the commercial solar energy facility reaches the
end of its useful life. For purposes of this definition, a commercial
solar energy facility shall be presumed to have reached the end of
its useful life if the commercial solar energy facility fails to produce
electricity for a continuous period of 12 months; or if the owner
fails, for a period of six consecutive months, to pay any property
owner amounts owed in accordance with any written agreement between
the facility owner and property owner relating to the facility, including,
but not limited to, an easement, option, lease, or license agreement
relating to the siting, construction, or operation of the facility
on the property owner's real property.
A person or entity who submits a special use permit application
to the Director of Building and Zoning for the siting and operation
of any commercial solar energy facility, substation, and/or supporting
facilities, pursuant to this section. All references to an applicant
in this section shall include applicant's successors-in-interest
and assigns, which includes a commercial solar energy facility permittee,
as applicable.
An application for a special use permit filed with the Director
of Building and Zoning pursuant to this section.
The calendar date on which the commercial solar energy facility
produces power for commercial sale, not including test power.
A permit necessary for the commencement of work performed
toward the construction, erection or installation of an approved commercial
solar energy facility, substation, and/or supporting facilities. A
commercial solar energy building permit may only be issued by the
Director of Building and Zoning after a commercial solar energy facility
has obtained a special use permit from the County Board and the Director
of Building and Zoning determines that all conditions imposed by the
special use permit, if any, have been satisfied. The commercial solar
energy building permit shall require the applicant to deliver a written
"Notice to Proceed" for the commercial solar energy facility to the
Director of Building and Zoning and County Board prior to commencement
of construction of the commercial solar energy facility. The term
"commencement of construction," as used in this section, includes
any site development work (e.g., demolition, grubbing, grading, excavation,
road work, construction of project-related structures and infrastructure
improvements, etc.) regarding the commercial solar energy facility,
substation(s), or supporting facilities.
Any device or assembly of devices that is ground installed
and uses solar energy from the sun for generating electricity for
the primary purpose of wholesale or retail sale and not primarily
for consumption on the property, with a nameplate capacity of equal
or greater to 500 kilowatts. This includes all solar panels, cells
or modules, components, solar panel mounts and racking systems, helical
piles, ground screws, ballasts or other anchoring systems, substations,
transmission lines, access roads, storage containers, supporting facilities,
and equipment associated with the generation and storage of electricity
by the commercial solar energy facility. This includes a facility
seeking an extension of a permit to construct granted by the County
before January 27, 2023 (the effective date of the amendatory Act
of the 102nd General Assembly to 55 ILCS 5/5-12020.)
An applicant who applies for and receives a special use permit
under this section for the siting and operation of any commercial
solar energy facility or substation. All references to a commercial
solar energy facility permittee in this section shall include a commercial
solar energy facility permittee's successors-in-interest and
assigns.
The Director of the Stephenson County Building and Zoning
Department.
Assurance from a credit-worthy party, examples of which include
a surety bond (e.g., performance and payment bond), trust instrument,
cash escrow, or irrevocable letter of credit that is acceptable to
the County, with the County as the beneficiary.
The installation of a commercial solar energy facility, with
the primary purpose of solar energy generation for wholesale or retail
sale, on a parcel or tract of land.
Each local law enforcement agency, fire department, fire
protection district and rescue units, emergency medical service providers
and emergency management service providers that have jurisdiction
over any part of the facility.
Real property that is not a participating property as defined
in this section.
A residence that is located on nonparticipating property
and that is existing and occupied on the date that a special use permit
application is filed with the Director of Building and Zoning.
A written document, named as such, stating that the applicant
expresses an intent to commence construction activities on a commercial
solar energy facility and identifying the date on which the construction
activities are scheduled to commence.
Any one or more of the following buildings that exists and
is occupied on the date that the special use permit application is
filed with the Director of Building and Zoning: a school, place of
worship, day-care facility, public library, or community center.
The person or entity responsible for the day-to-day operation
and maintenance of a commercial solar energy facility, including any
third-party subcontractors. The operator must be a qualified solar
power professional. All references to an operator in this section
shall include an operator's successors-in-interest and assigns.
i) A person or entity with a direct ownership interest in
the facility, regardless of whether the person or entity is involved
in acquiring the necessary rights, permits, and approvals or otherwise
planning for the construction and operation of the facility, or ii)
at the time the facility is being developed, a person or entity who
is acting as a developer of the facility by acquiring the necessary
rights, permits, and approvals or by planning for the construction
and operation of the facility, regardless of whether the person or
entity will own or operate the facility. "Owner" does not include
the owner of a participating property (unless the property owner has
an equity interest in a WECS facility); or any person or entity holding
a security interest in a WECS facility solely to secure an extension
of credit, or a person or entity foreclosing on such security interest,
provided that after foreclosure, such person or entity seeks to sell
the WECS at the earliest practicable date.
Real property that is the subject of a written agreement
between a facility owner and the owner of the real property that provides
the facility owner an easement, option, lease, license or other rights
to use the real property for the purpose of siting, constructing,
or operating a commercial solar energy facility, substation, or supporting
facilities. "participating property" also includes real property that
is owned by a facility owner for the purpose of siting, constructing,
or operating a commercial solar energy facility, substation, or supporting
facilities.
A residence that is located on participating property and
that is existing and occupied on the date that an application for
a special use permit is filed with the Director of Building and Zoning.
An professional engineer licensed to practice engineering
in the State of Illinois. Where a structural engineer is required
to take some action under terms of this section, a professional engineer
may serve as the structural engineer if he or she has the appropriate
structural engineering certification.
Land owned in fee title by county, state or federal agencies
and managed specifically for conservation purposes, including, but
not limited to, county, state and federal parks, state and federal
wildlife management areas, state scientific and natural areas, and
federal wildlife refuges and waterfowl protection areas. Public conservation
lands do not include private lands upon which conservation easements
have been sold to government agencies or nonprofit conservation organizations.
Public conservation lands also do not include private lands for which
the owners have entered into contractual relationships with government
or nonprofit conservation organizations for conservation purposes.
A permit, subject to the requirements of this section, approved
by the Stephenson County Board, after a public hearing, allowing for
the siting, construction, and operation of a commercial solar energy
facility, substation, and/or supporting facilities at a specified
location subject to compliance with specified conditions as may be
required by the County Board.
The apparatus that collects and connects the electrical collection
system of the commercial solar energy facility and increases the voltage
for connection with the utility's transmission lines.
The transmission lines, electrical power lines utilized for
the conveyance of power within or from a facility to the electric
grid, operations and maintenance buildings, access roads, fencing,
lighting, storage containers, and any other equipment associated with
the generation and storage of electricity by the commercial solar
energy facility.
B.
Applicability.
(1)
This section governs the siting of commercial solar energy facilities,
substations and supporting facilities for such facilities.
C.
Prohibition.
(1)
No commercial solar energy facility, substation or supporting
facilities governed by this section shall be constructed, erected,
installed, or located within the County, unless prior siting approval
has been obtained pursuant to a special use permit under this section.
D.
Commercial solar energy facility special use permits application.
(1)
An applicant for a special use permit must submit a special
use permit application with the Director of Building and Zoning that
complies with the requirements of this section.
(2)
In addition to any information required by § 400-92 of the County's Zoning Ordinance, a special use permit application under this section shall contain or be accompanied by the following information:
(a)
A commercial solar energy facility summary, including, to the
extent available: (a) a general description of the project, including
(i) its approximate overall nameplate generating capacity, (ii) the
potential equipment manufacturer(s), (iii) type(s) of solar panels,
cells and modules, (iv) the number of solar panels, cells and modules,
(v) the maximum height of the solar panels at full tilt, (vi) the
number and proposed locations of substations, (vii) the number and
proposed locations of any operations and maintenance buildings, (viii)
a project site plan, project phasing plan and project construction
timeline plan, and (ix) the general location of the project; and (b)
a description of the applicant, owner and operator, including their
respective business structures;
(b)
The name(s), address(es), and phone number(s) of the applicant(s),
owner and operator, and all property owner(s), if known, and documentation
demonstrating land ownership or legal control of the property;
(c)
A site plan for the commercial solar energy facility showing
the planned location of solar panels, including legal descriptions
for each site, participating and nonparticipating residences, occupied
community buildings, parcel boundary lines (including identification
of adjoining properties), setback lines, public access roads and turnout
locations, operations and maintenance buildings, electrical cabling
to the substation(s), ancillary equipment, supporting facilities,
third-party transmission lines, the location of any wetlands, floodplain,
drainage structures including surface ditches and subsurface drainage
lines, underground mines, scenic and natural areas within 1,500 feet
of any part of the proposed commercial solar energy facility, and
the layout of all structures within the geographical boundaries of
any applicable setback;
(d)
A proposed decommissioning plan for the commercial solar energy
facility;
(e)
All required studies, reports, certifications, and approvals
demonstrating compliance with the provisions of this section;
(f)
An Agricultural Impact Mitigation Agreement (AIMA) executed
between the applicant and the Illinois Department of Agriculture;
(g)
The topographic map shall include the commercial solar energy
facility site and the surrounding area;
(h)
Any other information normally required by the County as part
of its permitting requirements for siting buildings or other structures;
(i)
Waivers from the setback requirements executed by the occupied
community building owners and/or the nonparticipating property owners
bearing a file stamp from the County Recorder of Deeds Office confirming
that the waiver was recorded against title to the affected real property;
(j)
Results and recommendations from the Illinois Department of
Natural Resources obtained through the Ecological Compliance Assessment
Tool or a comparable successor tool;
(k)
Results of any United States Fish and Wildlife Service's
information for Planning and Consulting environmental review or a
comparable successor tool that is consistent with any applicable United
States Fish and Wildlife Service's solar wildlife guidelines;
(l)
Information demonstrating that the commercial solar energy facility
will avoid protected lands;
(m)
Any other studies, reports, certifications, or information requested
by the County or the County consultants that is necessary to evaluate
the siting application and operation of the commercial solar energy
facility and to demonstrate that the commercial solar energy facility
meets each of the regulations in this section.
(3)
Material changes to the application are not permitted once the
notice of the public hearing has been published.
(4)
The applicant shall submit 12 copies of the special use permit
application to the County, and at least one copy in electronic format.
E.
Design and installation.
(1)
Design safety certification.
(a)
Commercial solar energy facilities shall conform to applicable
industry standards, including those of the American National Standards
Institute (ANSI). Applicants shall submit certificates of design compliance
that equipment manufacturers have obtained from Underwriters Laboratories
(UL), or an equivalent third party. All solar panels, cells and modules;
solar panel mounts and racking, including any helical piles, ground
screws, ballasts, or other anchoring systems shall be new equipment
commercially available; no used or experimental equipment shall be
used without the approval of a variance by the County Board.
(b)
Following the granting of siting approval under this section,
a professional engineer shall certify, as part of the commercial solar
energy facility building permit application process, that the design
of the commercial solar energy facility is within accepted professional
standards, given local soil, subsurface and climate conditions.
(2)
Electrical components. All electrical components of the commercial
solar energy facility shall conform to applicable local, state, and
national laws, regulations, and codes, and relevant national and international
standards (e.g., ANSI and International Electrical Commission).
(3)
Height. No component of a solar panel, cell or modules may exceed
20 feet in height above the ground at full tilt.
(4)
Aesthetics and lighting.
(a)
Vegetative management plan. The applicant shall include as a
part of its application, a Vegetation Management Plan, designed to
maximize community benefits, including, but not limited to, reduced
stormwater runoff, flooding, and erosion at the facility, improved
soil health, and increased foraging habitat for birds and pollinators.
The Vegetative Management Plan shall require the commercial solar
energy facility permittee to plant, establish and maintain for the
life of the facility vegetative ground cover throughout the facility,
consistent with the goals of the Pollinator-Friendly Solar Site Act
(525 ILCS 55/1). The Vegetation Management Plan must also be consistent
with short-term and long-term property management practices that provide
and maintain native and noninvasive naturalized perennial vegetation
to protect the health and well-being of pollinators, as set forth
in the applicable Illinois Department of Natural Resources guidelines
for commercial solar energy facility Vegetation Management Plans.
(b)
Vegetative screening plan. The applicant shall include as a
part of its application a Vegetative Screening Plan which shall provide
for a continuous line of native evergreen foliage and/or native shrubs
and/or native trees and/or any existing wooded area and/or plantings
of tall native grasses and other native flowering plants at and throughout
the facility, designed to screen the facility from the sight lines
from neighboring roads or properties.
(c)
Lighting. Any lighting shall be for security and safety purposes
only. If lighting is provided at the facility, any lighting shall
be of a low intensity, shielded and downcast such that light does
not extend substantially onto any adjacent nonparticipating property.
(d)
Intraproject power and communication lines. All power lines
used to collect power and all communication lines shall be buried
underground at a depth in accordance with the Agricultural Impact
Mitigation Agreement until same reach the property line of a substation.
(5)
Fencing. A fence of at least six feet and not more than 25 feet
in height shall enclose and secure the commercial solar energy facility.
(6)
Warnings.
(a)
A conspicuous warning sign regarding voltage must be placed
at the base of all pad-mounted transformers and substations.
(b)
Visible, reflective, colored objects, such as flags, plastic
sleeves, reflectors, or tape shall be placed on the anchor points
of guy wires and along the guy wires (if any) up to a height of 15
feet from the ground.
(7)
Setback requirements.
(a)
The commercial solar energy facility shall be sited as follows,
with setback distances measured from the nearest edge of any component
of the facility:
[1]
Occupied community buildings and residences on
nonparticipating properties: 150 feet to the nearest point on the
outside wall of the structure;
[2]
Nonparticipating residences: 150 feet to the nearest
point on the outside wall of the structure;
[3]
Boundary lines of participating property: None;
[4]
Boundary lines of nonparticipating property: 50
feet to the nearest point on the property line of the nonparticipating
property;
[5]
Public road rights-of-way: 50 feet the nearest
edge of the public road right-of-way.
(b)
The setback requirements for nonparticipating properties may
be waived by the written consent of the owner(s) of each affected
nonparticipating property. The applicant does not need to obtain a
variance from the County upon waiver by the property owner of any
of the above setback requirements. Any waiver of any of the above
setback requirements shall run with the land and be recorded with
the Recorder of Deeds of the County.
(8)
Compliance with additional regulations: Nothing in this section
is intended to preempt other applicable state and federal laws and
regulations.
(9)
Use of public roads.
(a)
An applicant proposing to use any County, municipal, township
or village road(s), for the purpose of transporting commercial solar
energy facility or substation parts and/or equipment for construction,
operation, or maintenance of the commercial solar energy facility
or substation(s), shall:
(b)
To the extent an applicant must obtain a weight or size permit
from the County, municipality, township or village, the applicant
shall, as a part of its application:
[1]
Conduct a pre-construction baseline survey to determine
existing road conditions for assessing potential future damage; and
[2]
Any proposed public roads that will be used for
construction purposes shall be identified and approved in writing
by the respective Road District Commissioner and the County Engineer
prior to the granting of the special use permit. Traffic for construction
purposes shall be limited to these roads. All overweight and/or oversized
loads to be transported on public roads may require a permit from
the respective highway authority. Any road damage caused by the transport
of the facility's equipment, the installation, maintenance, or
removal, must be completely repaired to the reasonable satisfaction
of the Road District Commissioner and the County Engineer. The Road
District Commissioner and County Engineer may choose to require either
remediation of road repair upon completion of the Community solar
energy facility or are authorized to collect fees for overweight and/or
oversized load permits. Further, financial assurance in an amount
and manner to be fixed and approved by the Road District Commissioner
to ensure the Road District or the County that future repairs are
completed to their reasonable satisfaction shall be provided. Applicant
shall submit a draft form of said financial assurance as part of its.
[3]
Road use agreement.
[a]
Enter into a road use agreement with the County
and each affected road district that includes the following provisions,
at a minimum:
[b]
If an agreement allowing for overweight vehicles
is reached, such road use agreement shall require the applicant to
be responsible for the reasonable cost of improving roads used to
construct commercial solar energy facility and the reasonable cost
of repairing roads used by the facility owner during construction
of the Community solar energy facility so that those roads are returned
to their pre-construction state and are in a condition that is safe
for the driving public after the completion of the commercial solar
energy facility construction. Roadways improved in preparation for
and during the construction of the Community solar energy facility
shall be repaired and restored to the improved condition at the reasonable
cost of the developer if the roadways have degraded or were damaged
as a result of construction-related activities. Any such road use
agreements shall be submitted as a part of the application.
(c)
All repairs and improvements to public roads and roadway appurtenances
shall be subject to the prior approval of the County Engineer before
being made and shall also be subject to inspection and acceptance
by the County Engineer after such repairs and improvements are completed.
The County's road use agreement, and any further agreements contemplated
therein, regarding the maintenance and repair of public roads and
highways, must be approved by the County Board prior to the County
Board's approval of any special use permit and any approval of
any commercial solar energy facility building permit application.
(10)
Site assessment. To ensure that the subsurface conditions of
the site will provide proper support for the commercial solar energy
facility and soil restoration, the applicant, at its expense, shall
provide soil and geotechnical boring reports to the County Engineer
as part of its commercial solar energy facility building permit. The
applicant shall follow any guidelines submitted by the County Soil
and Water Conservation District. Also, the applicant shall submit
grading plans for the proposed substation(s) and operation and maintenance
building(s) for review and comment by the County Soil and Water Conservation
District prior to the issuance of any commercial solar energy facility
building permit. The County's Soil and Water Conversation District's
Land Evaluation and Site Assessment report for the proposed commercial
solar energy facility shall be submitted as a part of the applicant's
special use permit application.
(11)
Noise levels. Noise levels from commercial solar energy facilities
and substations shall be in compliance with applicable sound limitations
established by the Illinois Pollution Control Board (IPCB) under 35
III. Adm. Code Parts 900, 901 and 910. As part of its application,
the applicant shall submit manufacturer's sound power level characteristics
and other relevant data regarding noise characteristics necessary
for a competent noise analysis and demonstrate, through the use of
a qualified professional, compliance with the applicable noise requirement,
which shall include, at a minimum, a baseline pre-operation background
study consistent with all IPCB Regulations.
(12)
Agricultural impact mitigation. Pursuant to 505 ILCS 147/15(a),
the applicant, at its expense, shall enter into an Agricultural Impact
Mitigation Agreement with the Illinois Department of Agriculture prior
to any public hearing required before a siting decision on the commercial
solar energy facility application. All impacted agricultural land,
whether impacted during construction, operation, or decommissioning
activities, must, at a minimum, be remediated by the applicant pursuant
to the terms of the Agricultural Impact Mitigation Agreement with
the Illinois Department of Agriculture. The applicant shall submit
the executed Agricultural Impact Mitigation Agreement to the County
as part of the special use permit application.
(13)
Protected lands. The applicant, at its expense, shall provide
evidence of consultation with the Illinois Department of Natural Resources
(IDNR) for setbacks from protected lands, including areas identified
by the Illinois Nature Preserve Commission (INPC) as part of its application.
The applicant must include the setback recommendations of the IDNR
in its application and shall demonstrate that the project was designed
to avoid any protected lands identified by the IDNR and INPC.
(14)
Historic preservation study. The applicant, as part of its application
and at its expense, shall provide evidence of consultation with the
Illinois State Historic Preservation Office (ISHPO) to assess potential
impacts on state-registered historic sites under the Illinois State
Agency Historic Resources Preservation Act (20 ILCS 3420/1 et seq.)
and demonstrate its compliance with any recommendations provided by
the ISHPO for the proposed facility.
(15)
Avian and wildlife impact study. The applicant, at its expense,
shall have a third party, qualified professional, such as an ornithology
or wildlife biologist, conduct an avian and wildlife impact study
and submit said study as part of its application. All parts of a commercial
solar energy facility shall be located, designed, constructed, and
operated so as to avoid and if necessary mitigate the impacts to wildlife.
Said study shall include, but not be limited to, a consultation with
the Illinois Department of Natural Resources and United States Fish
and Wildlife Services.
(16)
Identification of adjacent and contiguous properties. The applicant
shall provide a list of the names and addresses of all property owners
as taken from the latest adopted tax rolls, whose property is adjacent
and contiguous to the lot(s) of record of which all or a portion of
is subject to the special use application. The applicant shall also
provide a list of the owners of all participating Properties, which
shall include the nature of applicant's rights to the participating
properties.
(17)
As-built map and plans. Within 60 calendar days of completion
of construction of the commercial solar energy facility, the applicant
or operator shall deliver "as-built" maps, site plan and engineering
plans for the commercial solar energy facility that have been signed
and stamped by a professional engineer and a licensed surveyor.
(18)
Engineer's certificate. The commercial solar energy facility
engineer's certificate shall be completed by a professional engineer
and shall certify that the specific soils and subsurface conditions
at the site can support the apparatus, given local soil, subsurface
and climate conditions. The commercial solar energy facility engineer's
certificate shall be a public record and shall be submitted as part
of the special use permit application.
(19)
Conformance with approved application and plans. The applicant
shall construct and operate the commercial solar energy facility in
substantial conformance with the construction plans contained in the
special use permit application, any conditions placed upon the operation
of the facility in the special use permit, this section and all applicable
state, federal and local laws and regulations.
(20)
Decommissioning plan and site reclamation plans. Applicant (or
owner, if different from applicant) must submit a decommissioning
plan with cost estimation to the County as part of its application
and provide testimony supporting the calculation of costs provided
in said plan during the public hearing on the application. Prior to
receiving any building permit for the commercial solar energy facility,
the applicant or owner shall provide a decommissioning agreement and
post the required financial assurances for the benefit of the County.
The decommissioning agreement and financial assurances shall comply
with 55 ILCS 5/5-12020. Periodically, and as required by the Agricultural
Impact Mitigation Agreement entered into by the applicant or owner
and the Illinois Department of Agriculture, the owner must update
the decommissioning plan, cost estimations and provide update financial
assurances to the benefit of the County.
(21)
Signage. Signage is to be consistent with ANSI standards. A
conspicuous warning sign concerning voltage shall be placed at the
base of all pad-mounted transformers and substations, and at all entrances
to the commercial solar energy facility.
(22)
Additional terms and conditions.
(a)
All technical submissions as defined in the Professional Engineering
Practice Act of 1989 [225 ILCS 325/4(w)] and contained in the special
use permit application shall be prepared and signed by an Illinois
professional engineer for the relevant discipline.
(b)
The County may retain a qualified, independent code inspector
or professional engineer both to make appropriate inspections of the
commercial solar energy facility during and after construction and
to consult with the County to confirm that the construction, substantial
repair, replacement, repowering and/or decommissioning of the commercial
solar energy facility is performed in compliance with applicable electrical
and building codes. The cost and fees so incurred by the County in
retaining said inspector or engineer shall be promptly reimbursed
by the applicant of the commercial solar energy facility.
(c)
Any special use permit granted to the applicant shall bind and
inure to the benefit of the applicant, its successors-in-interest
and assigns. If any provision in this section, or conditions placed
upon the operation of the commercial solar energy facility is held
invalid, such invalidity shall not affect any other provision of this
section that can be given effect without the invalid provision and,
to this end, the provisions in this section are severable.
(d)
The applicant shall provide an executed road use agreement between
the applicant and the appropriate governing road and highway jurisdictions
or the Illinois Department of Transportation, to the County Engineer
and Director of Building and Zoning showing approved entrances prior
to the issuance of any commercial solar energy facility building permit.
(e)
The applicant shall submit, as part of its application, an emergency response plan, consistent with the requirements of Subsection F(2) of this section.
(f)
The applicant shall install locked metal gates at the access
road entrances of all facility locations. A security lock box shall
be installed near the locked gate to facilitate access in case of
emergencies.
(g)
Aviation protection. For Facilities located within 500 feet
of an airport or within approach zones of an airport, the applicant
shall complete and provide the results of the Solar Glaze Hazard Analysis
Tool (SGHAT) for the airport traffic control tower cab and final approach
paths, consistent with the interim policy, FAA Review of solar energy
projects on Federal Obligated Airports, or most recent version by
the FAA.
F.
Operation.
(1)
Maintenance.
(a)
Annual report. The applicant must submit, on an annual basis on the anniversary date of the County Board's granting of the special use permit, an operation and maintenance report to the Director of Building and Zoning. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the commercial solar energy facility and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, appearance, safety, lighting and use of any public roads received by the applicant concerning the commercial solar energy facility and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; and (v) a general summary of service calls to the commercial solar energy facility. Failure to provide the annual report shall be considered a material violation of this section and subject to Article XI (Remedies).
(b)
Re-certification. Any physical modification to any part of the facility that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under Subsection E(1)(a) of this section. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require re-certification. Prior to making any physical modification (other than a like-kind replacement or other modifications made in the ordinary course of operations), the applicant shall confer with a relevant third-party certifying entity, approved by the County Engineer, to determine whether the physical modification requires re-certification.
(2)
Coordination with emergency responders.
(a)
The applicant shall submit to the local emergency responders
a copy of the site plan standard operating procedures (SOPs) and standard
operating guidelines (SOGs), and any amendments to such documents,
all local emergency response authorities so that such agencies may
evaluate and coordinate their emergency response plans with the applicant.
(b)
The applicant, at its expense, shall provide annual training
for, and the necessary equipment to, the operator and local emergency
response authorities and their personnel so that they can properly
respond to a potential emergency at the commercial solar energy facility.
(c)
The applicant and the operator shall cooperate with all local
emergency response authorities to develop an emergency response plan.
The plan shall include, at a minimum twenty-four-hour contact information
(names, titles, email addresses, cell phone numbers) for the applicant
and the operator and at least three designated commercial solar energy
facility representatives (a primary representative with two alternate
representatives, each of whom are on-call "24 hours per day/seven
per week/365 days per year"). Any change in the designated commercial
solar energy facility representative or his/her contact information
shall be promptly communicated to the County. The content of the emergency
response plan, including the twenty-four-hour contact information,
shall be reviewed and updated on an annually basis.
(d)
Nothing in this section shall alleviate the need to comply with
all other applicable life safety, fire/emergency laws and regulations.
(3)
Water, sewer, materials handling, storage and disposal.
(a)
All solid wastes related to the construction, operation and
maintenance of the commercial solar energy facility shall be removed
from the site promptly and disposed of in accordance with all federal,
state and local laws.
(b)
All hazardous materials related to the construction, operation
and maintenance of the commercial solar energy facility shall be handled,
stored, transported and disposed of in accordance with all applicable
local, state and federal laws.
(c)
The commercial solar energy facility shall comply with existing
septic and well regulations as required by the County Health Department
and the State of Illinois Department of Public Health.
(4)
Drainage systems.
(a)
The applicant, at its expense, will repair, in a prompt and
timely manner, all waterways, drainage ditches, agricultural drainage
systems, field tiles, or any other private and public infrastructure
improvements damaged during construction, maintenance and operation
phases of the commercial solar energy facility and in accordance with
the Agricultural Impact Mitigation Agreement.
(b)
Pursuant to 55 ILCS 5/5-12020, notwithstanding any other provision
of law, a commercial solar energy facility permittee ("permittee")
is authorized to cross or impact a drainage system, including, but
not limited to, drainage tiles, open drainage districts, culverts,
and water gathering vaults, owned or under the control of a drainage
district under the Illinois Drainage Code (70 ILCS 605/1-1 et seq.)
without obtaining prior agreement or approval from the drainage district,
except that the facility owner or permittee shall repair or pay for
the repair of all damage to the drainage system caused by the construction
of the commercial solar energy facility within a reasonable time after
construction of the commercial solar energy facility is complete.
(5)
Complaint resolution. The applicant shall, at its expense and
in coordination with the Director of Building and Zoning, develop
a system for logging and investigating complaints related to the facility.
The Complaint Resolution Plan shall be a part of the application.
The applicant shall resolve such nonemergency complaints on a case-by-case
basis and shall provide written confirmation to the Director of Building
and Zoning. All costs and fees incurred by the County in attempting
to or resolving complaints shall be reimbursed by the owner or permittee.
The applicant shall also designate and maintain for the duration of
the facility either a local telephone number or a toll-free telephone
number and an email address as its public information/inquiry/and
complaint hotline which shall be answered by a customer service representative
24/7 basis. The applicant shall post the telephone number(s) and email
address(es) for the customer service representative(s) in a prominent,
easy to find location on their websites and on conspicuous signage
at each entrance to the facility and any operations and maintenance
buildings. The applicant shall provide the Building and Zoning Director
a list of all complaints received on an annual basis or upon request.
G.
Liability insurance and indemnification.
(1)
Commencing with the issuance of a commercial solar energy facility
building permit, the applicant (permittee) shall maintain a current
general comprehensive liability policy and automobile liability coverage
covering bodily injury, death and illness, and property damage with
limits of at least $1,000,000 per occurrence and in the aggregate;
and, shall further maintain the above-stated lines of insurance from
delivery of the notice to proceed by the applicant for the commercial
solar energy facility, in coverage amounts of at least $1,000,000
per occurrence and $2,000,000 in the aggregate during the life of
the commercial solar energy facility. The applicant shall file the
original certificate of insurance upon commencement of project construction
prior to the issuance of a commercial solar energy facility building
permit, corresponding policies and endorsements to be provided within
60 days of issuance, and at each subsequent renewal, at least annually
thereafter. The certificate of insurance shall name the County and
its officers, appointed and elected officials, employees, attorneys,
engineers and agents as an additional insured.
(2)
The applicant (permittee) shall defend, indemnify and hold harmless
the County and its officers, appointed and elected officials, employees,
attorneys, engineers and agents (collectively and individually, the
indemnified parties) from and against any and all claims, demands,
losses, suits, causes of action, damages, injuries, costs, expenses
and liabilities whatsoever, including reasonable attorney's fees
relating to or arising out of the issuance of the special use permit
or the construction, operation, maintenance and removal of the commercial
solar energy facility, including, without limitation, liability for
property damage or personal injury (including death or illness), whether
said liability is premised on contract or on tort (including without
limitation strict liability or negligence) or any acts or omissions
of the applicant, the owner or the operator under this section or
the special use permit, except to the extent any such claims, demands,
losses, suits, causes of action, damages, injuries, costs, expenses
and liabilities arise from the gross negligence or intentional acts
of such indemnified parties. This general indemnification shall not
be construed as limiting or qualifying the County's other indemnification
rights available under the law.
H.
Remedies.
(1)
The applicant's failure to materially comply with any of the provisions under the Special use permit, any conditions imposed on the facility, and/or failure to comply with any law or regulation shall be a default and shall be grounds for revocation of the special use permit pursuant to the procedures set forth at § 400-92J(3) of the Stephenson County Zoning Ordinance.
(2)
Prior to implementation of the applicable County procedures for the resolution of default(s), the County Board must first provide written notice to the applicant (permittee) and operator, setting forth the alleged default(s) and provide an opportunity for the applicant or the operator to cure the default(s) within a thirty-calendar day period from the date of the notice. Should the applicant commence the cure within that thirty-day cure period, and diligently pursues a cure, then the applicant shall receive an additional 60 days to continue to pursue the cure before the County pursues procedures for the resolution of default. If the default relates to a life safety issue or interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant or the operator shall take all necessary and available commercial measures to immediately cure the default. If the applicant or operator cannot cure the default(s) or resolve the alleged default(s) within the cure period, then procedures for the revocation of special use permits set forth at § 400-92J(3) shall govern.
I.
Fee schedule and permitting processes.
(1)
Application fees.
(a)
At the time of its submission of its commercial solar energy
facility special use permit application, the applicant must submit
a certified check to the County for the necessary application fee.
(b)
Should the actual costs to the County exceed the submitted application
Fee, the applicant shall be responsible for those additional costs
and shall remit additional funds to the County within 15 days of receipt
of a request from the County. No hearings on an application shall
be conducted nor final decisions rendered on an application if there
are application fees due to the County.
(2)
All costs to be paid by applicant or owner.
(a)
The Zoning Board of Appeals or County Board may also retain
the services of a third-party expert to review technological evidence
presented by the applicant and the applicant shall be liable for the
costs of such third-party expert. The Zoning Board of Appeals or County
Board may secure the services of an independent safety consultant
to conduct periodic inspections and the applicant shall be liable
for the costs of such inspections. The applicant shall also pay all
costs incurred by the County, including, but not limited to, those
costs associated with all offices, boards and commissions of the County.
This includes, but is not limited to, the direct or indirect costs
associated with the hearing, permitting, operations, inspections,
decommissioning, litigation, related attorney's fees, disputes,
and/or negotiations.
J.
Review, hearing and consideration of special use application.
(1)
Upon the submission of an application under this section and
the necessary application fees, the Director of Building and Zoning
Officer shall schedule a date for a public hearing before the Zoning
Board of Appeals. The public hearing shall be held within 45 days
of the submission of the application and necessary application fees.
Notice of the public hearing must be published in a newspaper of general
circulation not more than 30 days and not less than 15 days prior
to the public hearing. The content of the notice must be consistent
with the requirements of 55 ILCS 5/5-12009.5.
(2)
The Zoning Board of Appeals must also give at least 15 days'
notice before the hearing to (i) any municipality whose boundaries
are within 1.5 miles of any part of the property proposed as a special
use and (ii) the owner or owners of any land adjacent to or immediately
across any street, alley, or public right-of-way from the property
proposed as a special use. The applicant shall submit, with its application,
mailing labels for all such municipalities and property owners. The
applicant must pay for the costs of publication and mailing of the
notices. It is the applicant's burden to identify all municipalities
and property owners that are entitled to notice of the public hearing
pursuant to this section and 55 ILCS 5/5-12020(c). The applicant may
elect to issue the necessary notices itself, but must make such election
in writing, as part of its application.
(3)
The applicant shall present at least one witness to testify
at the hearing in support of its application. The Zoning Board of
Appeals shall promulgate procedures for such hearings, which shall
be consistent with the Open Meetings Act[3] and allow members of the public a reasonable opportunity
to present evidence and cross-examine the applicant and its witnesses.
[3]
Editor's Note: See 5 ILCS 120/1 et seq.
(4)
The Zoning Board of Appeals shall submit a written report and
recommendation to the County Board within 15 days after the close
of the public hearing.
(5)
The County Board must make its siting and permitting decisions
not more than 30 days after the conclusion of the public hearing.
(6)
No commercial solar energy facility special use permit application
which has been denied wholly or in part by the County Board may be
resubmitted for a period of one year from the date of said order of
denial, except on the grounds of new evidence of proof of change of
conditions found to be valid by the Director of Building and Zoning.
K.
Hearing facilitator.
(1)
The County may engage the services of a hearing facilitator.
The hearing facilitator shall be an independent contractor who shall
conduct a hearing in accordance with all applicable rules of the board
and the county but has no adjudicatory responsibility other than ruling
on requests for continuances, procedural matters, admissibility of
evidence and the propriety of any arguments.
(2)
The hearing facilitator shall be an attorney, licensed to practice
in the State of Illinois. The applicant shall reimburse the County
for the fees and costs charged by the facilitator.
L.
Hearing factors.
(1)
The County Board may approve a special use permit application,
if it finds the evidence complies with federal, state, and local laws
and regulations, and with the standards of this section.
(2)
Special use permit conditions and restrictions. The County Board
may stipulate conditions, guarantees and restrictions, upon the establishment,
location, construction, maintenance, and operation of the commercial
solar energy facility as are deemed necessary for the protection of
the public interest and to secure compliance with the standards and
requirements of this section.
(3)
Revocation.
(a)
In any case where a special use permit has been approved for
under this section, the applicant shall apply for a commercial solar
energy facility building permit from the County and all other permits
required by other government or regulatory agencies to commence construction
and commence and actively pursue construction of the project within
24 months from the date of the granting of the special use permit.
If the applicant fails to apply for a commercial solar energy facility
building permit from the County and all other permits required by
other government or regulatory agencies prior to construction and/or
fails to commence and actively pursue construction of the project
within the twenty-four-month period, then without further action by
the County Board, the special use permit authorizing the construction
and operation of the commercial solar energy facility shall be automatically
revoked and void. Upon written request supported by evidence that
the applicant has diligently pursued issuance of all necessary government
and regulatory permits for the project required to commence construction
and that any delay in commencement of construction of the project
is due to conditions out of his/her/its control, the County Board,
in its sole discretion, may extend the above twenty-four-month period
by passage of an ordinance that amends the special use permit.
(b)
The special use permit shall be subject to revocation pursuant to the procedures set forth at § 400-92 of the Stephenson County Zoning Ordinance, if the permittee dissolves or ceases to do business, abandons the commercial solar energy facility or the commercial solar energy facility ceases to operate for more than 12 consecutive months for any reason.
(c)
Subject to the provisions of Subsection H (Remedies), a special use permit may be revoked by the County Board if the commercial solar energy facility is not constructed, installed and/or operated in substantial conformance with the County-approved project plans, the regulations of this section and the stipulated special use permit conditions and restrictions.
(4)
Transferability; owner or commercial solar energy facility permittee.
The applicant shall provide written notification to the Director of
Building and Zoning and the County Board upon the change in ownership
of a commercial solar energy facility. The phrase "change in ownership
of a commercial solar energy facility" includes any kind of assignment,
sale, lease, transfer or other conveyance of ownership or operating
control of the commercial solar energy facility or any portion thereof.
The applicant or successors-in-interest or assignees of the special
use permit, as applicable, shall remain liable for compliance with
all conditions, restrictions and obligations contained in the special
use permit, the provisions of this section and applicable county,
state and federal laws.
(5)
Modification. Any modification of a commercial solar energy
facility that alters or changes the essential character or operation
of the commercial solar energy facility in a way not intended at the
time the special use permit was granted, or as subsequently amended,
shall require a new special use permit. The applicant, permittee,
or authorized representative, shall apply for a new special use permit
prior to any modification of the commercial solar energy facility.
(6)
Permit effective date. The special use permit shall become effective
upon approval of the special use ordinance by the County Board or
as otherwise provided by the County Board.
M.
Interpretation. The provisions of this section shall be held to the
minimum requirements adopted for the promotion and preservation of
public health, safety and general welfare of Stephenson County.
N.
Severability. If any section, paragraph, clause, phrase or part of
this section is for any reason held invalid by any court or competent
jurisdiction, such decision shall not affect the validity of the remaining
provisions of these regulations.
O.
When effective. This section shall be in full force and effect from
and after its passage, publication and approval as required by law.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
A.
Intent. To permit and regulate by special use short-term residential
rentals within Stephenson County, to insure the public health, safety
and welfare, and to provide standards for approval.
B.
Application and fee requirements. An operator approval of a special use permit under this section shall submit a complete application to the Zoning Administrator. The application shall include proof of ownership of, or the legal right to rent, a dwelling unit and all information reasonably necessary for the Zoning Administrator to determine whether the applicable standards for approval provided in Subsection C have been met.
C.
Standards for approval. The Zoning Administrator shall approve, or
approve with conditions, an application for a short-term rental only
upon a finding that the application complies with all of the following
applicable standards:
(1)
Maximum occupancy will be based on two adult people per bedroom.
(2)
The dwelling unit must meet all residential building, Health
Department, and safety codes by a yearly inspection performed by local
health authorities.
(3)
The operator shall provide ample off-street parking to accommodate
occupant's vehicles.
(4)
The appearance of the dwelling shall not conflict with the residential
character of the neighborhood. The structures shall be properly maintained,
and kept in good repair, in order that the use in no way detracts
from the general appearance of the neighborhood. Garbage must be kept
in a closed container and disposed of on a regular weekly schedule.
(5)
No sign shall be posted to advertise the availability of the
short-term residential rental unit to the public.
(6)
The owner shall keep on file with the County Zoning Office and
Sheriff's Department the telephone number of a contact person who
shall be responsible for responding to questions or concerns regarding
the operation of the short-term rental. This information must be current
and posted in a conspicuous location within the dwelling unit. The
Contact person must be available to accept telephone calls on a twenty-four-hour
basis. The contact person or designated agent must have a key to the
rental unit and be able to respond to the short-term rental within
60 minutes to address issues. The owner shall notify neighboring dwelling
units within 300 feet from the rental dwelling unit, in writing, that
the property is a permitted short-term rental and shall provide a
telephone number of the rental agency or local contact person as required
in this section.
(7)
The owner or a managing agency or agent or contact person shall
provide the tenant or lessees of a short-term residential rental with
the following information prior to occupancy of the premises and post
such information in a conspicuous place within the dwelling.
(a)
The name of the contact person with a twenty-four-hour number
where they shall be reached.
(b)
Notification of the maximum .number of overnight occupants permitted
on the premises pursuant to this section.
(c)
Notification of the parking standards of this section.
(d)
A copy of this updated section.
(8)
All land-based recreational activities to be limited to rented
premises and shall not encroach on neighboring properties.
(9)
Campfires in designated "fire pit" areas away from trees, and
property lines. Fires must be attended at all times and properly extinguished
after use.
[Added 4-21-2022 by Ord.
No. 22-04-24]
A.
Track:
A course built for the operation of motorized vehicles which operate
in a repetitive continuous manner or an area where recreational motorized
vehicles operate in a repetitive continuous manner or an area where
recreational motorized vehicles, through their repetitive use, have
altered or changed the natural contour of the landscape and created
a clearly identifiable track.
B.
Permitted
sites: Sites which meet the following criteria are permitted uses
in Stephenson County, unless prohibited by a more restrictive ordinance:
(1)
The parcel of land is not in a residential zoning district.
(2)
The track must be located a minimum of 1,000 feet from any residence,
or residentially zoned district, except that of the owner.
(3)
The track must be located a minimum of 1,000 feet from a livestock
shelter and/or arena, except that of the owner of the track.
(4)
There must be a 50-foot minimum setback from a track to the property
line.
