The use table provides a tabular summary of the land use types allowed within each base zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations listed within this article and the zoning district regulations of Article V, the text of the zoning district regulations shall prevail.
A.
Permitted (by right). Uses identified in a zoning
district column of the Use Table with a "P" are "permitted by right"
and shall be permitted in such zoning district. Permitted uses shall
also be subject to the standards and regulations as may be indicated
in the "Use Standards" column and all other requirements of this chapter.
B.
Special uses. Uses identified in a zoning district column of the Use Table with an "S" are "special uses" and shall be permitted in such zoning district if reviewed and approved in accordance with the standards of Article VIII. Special uses shall be subject to the standards and regulations as may be indicated in the "Use Standards" column and all other requirements of this chapter.
C.
Not permitted. Uses not identified in a zoning district
column of the Use Table as permitted by right or by special use are
not allowed in such zoning district unless otherwise expressly permitted
by other regulations of this chapter.
D.
Use standards. A letter in the "Use Standards" column of the Use Table refers to standards and regulations applicable to the particular use in one or more of the districts in which such use is allowed. The referenced standards appear as subsections in § 350-43 of this article.
[Amended 2-20-2001; 2-21-2006; 9-19-2006; 6-17-2008; 6-16-2015; 2-21-2017; 1-21-2020; 3-26-2020; 5-11-2023]
Zoning Districts
| ||||||||
---|---|---|---|---|---|---|---|---|
Residential
|
Nonresidential
| |||||||
Use Type
|
A
|
R-1
|
R-2
|
C
|
M-1
|
M-2
|
Use Standards
| |
Accessory uses
|
P
|
P
|
P
|
P
|
P
|
P
|
A
| |
Home occupations
|
P
|
P
|
P
|
P
|
P
|
P
|
R
| |
Temporary uses
|
P
|
P
|
P
|
P
|
P
|
P
|
MM
| |
Home office
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Residential Uses
| ||||||||
Assisted living
|
S
|
P
|
P
| |||||
Duplex
|
P
|
V
| ||||||
Group home
|
P
|
P
|
P
|
Q, V
| ||||
Group residential
|
S
| |||||||
Manufactured home
|
P
|
U
| ||||||
Manufactured home — residential design
|
P
|
P
|
P
|
V
| ||||
Manufactured home park
|
S
|
W
| ||||||
Mobile home
|
P
|
U
| ||||||
Modular home
|
P
|
P
|
P
|
V
| ||||
Multifamily
|
S
|
Y
| ||||||
Recreational area, family
|
P
| |||||||
Rural home-based off-premises business
|
S
|
RR
| ||||||
Single-family, attached dwelling
|
P
|
V, GG
| ||||||
Single-family, detached farm dwelling
|
P
|
P
|
P
|
P
|
P
|
P
|
V, HH
| |
Single-family, detached non-farm dwelling
|
P
|
P
|
P
|
V, II
| ||||
Single-family, underground dwelling
|
P
|
P
|
P
|
JJ
| ||||
Single-family, zero-lot-line dwelling
|
P
|
P
|
KK
| |||||
Transitional living facility
|
P
|
S
|
NN
| |||||
Wind energy system, small
|
P
|
P
|
P
|
P
|
P
|
P
|
XX
| |
Commercial Uses
| ||||||||
Adult entertainment establishment
|
S
|
S
|
B
| |||||
Agricultural processing
|
S
|
S
|
S
|
P
| ||||
Agricultural tourism
|
S
|
WW
| ||||||
Agricultural sales and service
|
P
|
P
|
P
| |||||
Animal care, general
|
S
|
S
|
P
|
P
| ||||
Animal care, limited
|
S
|
P
|
P
|
P
| ||||
Auction rooms
|
P
| |||||||
Bank or financial institution
|
P
| |||||||
Bar or tavern
|
P
| |||||||
Bed-and-breakfast
|
S
|
S
|
S
|
S
|
F
| |||
Boat sales and service facility
|
S
|
EEE
| ||||||
Cannabis craft grower
|
S
|
S
|
S
|
S
|
DDD
| |||
Cannabis cultivation center
|
S
|
S
|
S
|
S
|
CCC
| |||
Cannabis dispensary
|
S
|
S
|
DDD
| |||||
Cannabis infuser
|
S
|
S
|
S
|
DDD
| ||||
Cannabis processor
|
S
|
S
|
S
|
DDD
| ||||
Cannabis transporter
|
S
|
S
|
DDD
| |||||
Car wash
|
S
|
S
|
S
| |||||
Catering establishment
|
P
|
P
| ||||||
Child-care facility
|
P
| |||||||
Child-care institution
|
S
|
S
|
S
|
S
|
S
| |||
Construction sales and service
|
S
|
P
|
P
| |||||
Day-care center
|
S
|
S
|
S
|
S
|
S
|
M
| ||
Day-care home
|
S
|
S
|
S
|
M
| ||||
Food store
|
P
| |||||||
Greenhouse
|
S
|
P
|
P
|
P
|
P
| |||
Health club
|
P
|
P
| ||||||
Hotel or motel
|
P
|
P
| ||||||
Kennel
|
S
|
S
|
P
|
P
|
UU
| |||
Manufactured home sales
|
P
|
P
| ||||||
Office, general
|
P
|
P
| ||||||
Paintball establishment
|
S
|
AA
| ||||||
Parking lot, commercial
|
S
|
P
|
P
| |||||
Plant nursery
|
S
|
S
|
S
|
P
| ||||
Racetracks
|
S
|
S
|
S
|
BB
| ||||
Recreation and entertainment, indoor
|
P
|
P
| ||||||
Recreation and entertainment, outdoor
|
S
|
S
|
S
|
CC
| ||||
Repair service
|
P
|
P
|
P
| |||||
Research service
|
S
|
P
|
P
| |||||
Restaurant, fast-food
|
P
|
P
| ||||||
Restaurant, general
|
P
|
P
| ||||||
Retail sales and service
|
P
|
P
| ||||||
Rural specialty facility
|
S
|
BBB
| ||||||
Service station, automotive
|
S
|
P
|
P
| |||||
Service station, truck stop
|
S
|
P
|
P
| |||||
Studio (radio, television, film, or music)
|
P
|
P
| ||||||
Vehicle and equipment sales
|
P
|
P
|
P
|
PP
| ||||
Vehicle/Equipment storage yard
|
P
|
P
|
PP
| |||||
Vehicle paint and body shop
|
S
|
S
|
P
|
PP
| ||||
Vehicle repair
|
S
|
P
|
P
|
PP
| ||||
Warehouse, self-storage
|
P
|
P
|
P
|
TT
| ||||
Public, Quasi-Public, and Institutional
| ||||||||
Airport or airstrip
|
S
|
S
|
S
|
S
|
S
|
D
| ||
Auditorium or stadium
|
S
|
S
|
S
| |||||
Camp, institutional
|
S
|
G
| ||||||
Camp, recreational
|
S
|
H
| ||||||
Cemetery, mausoleum or columbarium
|
S
|
S
|
S
|
S
|
I
| |||
Church, chapel, temple or synagogue
|
P
|
S
|
S
|
P
|
J
| |||
Club, private
|
P
|
S
|
S
| |||||
College or university
|
P
|
P
|
P
|
P
| ||||
Competitive communication or meteorological
tower
|
S
|
S
|
S
|
P
|
K
| |||
Correctional facility
|
S
|
S
| ||||||
Crematory
|
S
|
P
|
P
| |||||
Cultural service
|
S
|
P
|
P
|
S
| ||||
Funeral home
|
P
|
P
| ||||||
Golf course
|
S
|
S
|
S
|
P
|
O
| |||
Government service
|
P
|
S
|
S
|
P
|
P
|
P
| ||
Heliport or helipad
|
S
|
S
|
P
|
P
| ||||
Hospital
|
P
|
P
| ||||||
Library
|
S
|
S
|
P
|
P
| ||||
Marina
|
S
|
S
|
P
|
X
| ||||
Medical service
|
P
| |||||||
Military service
|
S
|
S
|
S
| |||||
Nursing home
|
S
|
P
|
S
| |||||
Parks and recreation area
|
S
|
S
|
S
|
S
|
S
|
S
| ||
Post office
|
P
|
P
| ||||||
Recreational vehicle park
|
S
|
P
|
P
|
DD
| ||||
Safety service
|
S
|
S
|
S
|
S
|
S
|
S
| ||
School (elementary, middle, high)
|
P
|
P
|
P
|
P
|
FF
| |||
Shooting range
|
S
|
S
| ||||||
Stables, public
|
S
|
VV
| ||||||
Telecommunications tower
|
P
|
S
|
S
|
P
|
P
|
P
|
QQ
| |
Vocational school
|
S
|
S
|
S
|
S
|
P
|
P
| ||
Manufacturing, Industrial and Extractive
Uses
| ||||||||
Asphalt or concrete plant
|
P
|
E
| ||||||
Basic industry
|
S
|
P
| ||||||
Brewery/distillery
|
S
|
P
|
P
|
ZZ
| ||||
Contractor shop and office
|
P
|
P
|
P
|
L
| ||||
Facilities accepting exclusively general construction or demolition
debris for transfer, storage, or treatment
|
P
|
AAA
| ||||||
Fertilizer distribution plant/agriculture seed
sales
|
S
|
P
|
P
|
N
| ||||
Food/bakery product manufacturing
|
P
|
P
| ||||||
Freight terminal
|
S
|
S
|
SS
| |||||
Gas and fuel sales/storage
|
S
|
P
| ||||||
Hazardous operation
|
S
| |||||||
Integrated center
|
S
|
S
|
S
| |||||
Landfill (if not a regional pollution control
facility)
|
S
|
S
| ||||||
Landscape waste composting and mulching facility
|
S
|
S
|
S
|
T
| ||||
Laundry plant
|
P
|
P
| ||||||
Manufacturing and assembly
|
P
|
P
| ||||||
Mining or quarrying
|
S
|
S
|
S
|
S
| ||||
Oil or gas drilling/refining and CO2 sequestration
drilling
|
S
|
S
|
S
|
Z
| ||||
Printing and publishing
|
P
|
P
| ||||||
Salvage yard
|
S
|
P
|
EE
| |||||
Solid waste collection/processing (if not a
regional pollution control facility)
|
S
|
S
|
LL
| |||||
Solid waste transfer station (if not a regional
pollution control facility)
|
S
|
P
| ||||||
Stockyard
|
S
|
S
| ||||||
Transit facility
|
P
|
P
|
P
| |||||
Trucking facility
|
S
|
P
|
P
|
SS
| ||||
Utility, major (if not a regional pollution
control facility)
|
S
|
S
|
S
|
S
|
S
|
S
|
OO
| |
Utility, minor
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Warehousing and wholesale
|
P
|
P
| ||||||
Welding or machine shop
|
S
|
P
| ||||||
Winery
|
P
|
YY
|
The use standards of this section shall apply
to permitted uses, special uses and accessory uses as noted.
A.
Accessory uses. Permitted uses and approved special
uses shall be deemed to include accessory uses and activities that
are customarily associated with and appropriate, incidental, and subordinate
to the principal uses allowed in zoning districts. Accessory uses
and activities shall be subject to the same regulations as apply to
principal uses in each district, unless otherwise stated in this chapter.
Accessory uses shall not be established prior to the principal use,
unless specifically allowed by this chapter.
(1)
Establishment of accessory uses. Accessory uses shall
not be established prior to the principal use, except that the Director
of Building and Zoning may issue a temporary permit for the residential
use, by one family, of any accessory building while the principal
dwelling is under construction. Such temporary permit shall be valid
until the date of the first occupancy of the principal building or
18 months after the issuance of the permit, whichever is the earlier
date. Also, one accessory building may be established on a lot prior
to the establishment of the principal use, provided that such building
is used only for the storage of machinery and equipment necessary
to maintain the otherwise vacant lot. The building shall be no larger
than necessary for storage of the aforementioned machinery and equipment
as determined by the Director of Building and Zoning.
[Amended 6-18-2002]
(2)
Agricultural accessory uses. Any use that is accessory
to an exempted agricultural use as determined by this chapter shall
also be exempt from the regulations of this chapter. Agricultural
accessory uses include, but shall not be limited to, the following
activities and structures:
(a)
Fences and walls.
(b)
Barns, garages, carports and off-street parking
and loading areas, provided that a detached garage or carport shall
not cover more than 10% of the total lot area.
(c)
Gardens.
(d)
Gates and guard houses.
(e)
Grain elevators for the storage of grains cultivated
on the premises.
(f)
Seasonal sale of farm produce grown on the premises as allowed as a temporary use in Subsection MM of this section.
(g)
Distillation of ethyl alcohol (ethanol) from
agricultural crops and the processing of by-products from such distillation
when such alcohol is utilized as fuel for agricultural purposes on
the premises.
(i)
Radio and television receiving antennas and
support structures.
(j)
Private stables.
(k)
Other necessary and customary uses determined
by the Director of Zoning and Building to be appropriate, incidental
and subordinate to the agricultural use on the lot.
(3)
Residential accessory uses. Residential uses shall
include, but not be limited to, the following accessory uses, activities
and structures:
(a)
Fences and walls;
(b)
Garages, carports and off-street parking areas,
provided that a detached garage or carport shall not cover more lot
area than allowed by the applicable zoning district;
(c)
Gardens;
(d)
Gates and guard houses;
(e)
One guest household unit is allowed, which may
include a kitchen facility that is separate from that of the principal
household unit, subject to the following:
[Amended 6-18-2002]
[1]
The guest household unit is used only for the
housing of guests of the family residing in the principal dwelling
unit and not as a rental unit.
[2]
The guest household unit is located within the
same building as the principal dwelling unit.
[3]
The guest household unit should be accessible
through the principal dwelling unit entrance. If a separate exterior
entrance to the guest household unit is provided, it shall face either
a side yard or the rear yard of the principal dwelling unit.
[4]
The maximum allowable living space of a guest
household unit shall be 900 square feet.
(f)
Home office;
(h)
Playhouses, patios, cabanas, porches, gazebos
and incidental household storage buildings, provided that such buildings
shall not in total cover more than 5% of the total lot area;
(i)
Private radio and television receiving antennas
and support structures;
(j)
Recreational and play facilities for residents;
(l)
Storage of recreational equipment such as boats,
boat trailers, camping trailers, converted buses or trucks, provided
that storage shall be limited to private garages, side or rear yards
of private homes, and in the driveways of private homes if located
behind the required front yard setback. No recreational vehicle shall
be used for living or sleeping purposes for a period exceeding 14
days in a calendar year while stored on the premises;
[Amended 2-20-2001]
(m)
Storm shelters and fallout shelters;
(n)
Private stables; and
(o)
Other necessary and customary uses determined
by the Director of Building and Zoning to be appropriate, incidental
and subordinate to the principal use on the lot, subject to compliance
with any development and performance standards imposed by the Director
of Building and Zoning to ensure land use compatibility.
(4)
Nonresidential accessory uses. Nonresidential uses
shall include, but not be limited to, the following accessory uses,
activities and structures:
(a)
Automated teller machines (ATMs);
(b)
Cafeterias, dining halls and similar food services
when operated primarily for the convenience of employees, residents,
clients, or visitors to the principal use;
(c)
Dwelling units, other than mobile homes, when
used or intended to be used for security or maintenance personnel;
(d)
Fences and walls;
(e)
Gates and guard houses;
(f)
Offices for allowed business and industrial
uses when the office is located on the same site as the principal
use;
(g)
Parking garages and off-street parking areas;
(h)
Radio and television receiving antennas and
support structures;
(i)
Restaurants, news stands, gift shops, swimming
pools, tennis courts, clubs and lounges when in a permitted hotel,
motel or office building;
(j)
Sales of goods produced as a part of allowed
industrial activities when on the same site as the principal industrial
use;
(k)
Single-family, accessory dwellings. In the C
Commercial District, a single-family dwelling unit may be allowed
as an accessory use in the principal building subject to the following:
said dwelling unit is occupied only by:
(n)
Storage of merchandise when located within the
same building as the principal business;
(o)
Playgrounds, play fields, athletic fields, auditoriums,
gymnasiums, swimming pools, heating plants, administration and recreation
buildings, including the sale of food and nonalcoholic refreshments,
in conjunction with educational and recreation facilities;
(p)
Parsonages, rectories, parish houses, and housing
for others residing on the premises in conjunction with a church,
chapel, temple, synagogue or other place of religious assembly; and
(q)
Other necessary and customary uses determined
by the Director of Building and Zoning to be appropriate, incidental
and subordinate to the principal use on the lot, subject to compliance
with any development and performance standard imposed by the Director
of Building and Zoning to ensure land use compatibility.
(5)
Accessory use development and operational standards.
The following standards shall apply to all accessory uses and structures
unless otherwise specifically provided:
(a)
Exterior setback. No accessory structure shall
be located within a required exterior setback.
(b)
Interior (rear) setback. Accessory structures
shall not be required to comply with the interior rear setback standard
that applies to principal uses. Accessory structures, except for fences,
shall, however, be set back at least three feet from rear lot lines
and shall not be closer to the side lot line than the applicable minimum
interior setback. Fences may be erected in the required interior rear
setback area.
(c)
Interior (side) setbacks. Except as follows,
no accessory structure shall be located within a required interior
side setback. Fences may be located within a required interior side
setback area. A detached building or structure may be located in a
rear yard, provided that no part of such building or structure shall
be nearer to the lot line along an interior side yard of an adjacent
lot than the interior side yard requirement of the zoning district
in which such adjacent lot is located, nor nearer than three feet
to any other lot line.
[Amended 2-20-2001]
(d)
Setbacks from easements. No accessory structure,
other than a fence, shall be located within any platted or recorded
easement unless all parties with an interest in the easement provide
written permission for locating an accessory structure in the easement.
No accessory structure, including fences, shall be located within
a drainage easement. Any fence located within a platted easement,
recorded easement, or over a known utility shall be constructed at
the property owner's risk. Any utility company having to remove or
relocate said fence shall not be required to replace or repair said
fence.
(e)
Height. No accessory structure shall exceed
the maximum height standards of the underlying district unless specifically
authorized.
(f)
Building separation. Unless attached to the
principal structure, accessory structures shall be located at least
five feet from any other structure.
(g)
Building coverage. No accessory structure shall
exceed the maximum coverage allowed by the underlying district unless
specifically authorized.
(6)
Recycling collection stations. Recycling collection
stations shall be allowed as an accessory use in accordance with the
following standards:
(a)
Maximum size and approval required. Recycling collection stations shall be allowed as an accessory use only if they do not exceed 1,000 square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with Article VIII.
(b)
Screening. All collection stations shall be
screened from public view of adjoining properties or any street right-of-way
with a six-foot-tall, one-hundred-percent opaque, solid screen or
be wholly contained within a structure.
(c)
Separation from residential. Recycling collection
station structures shall be located at least 150 feet from an R-1
or R-2 District.
(d)
Reverse vending machines. Reverse vending machines
shall be located or soundproofed such that the noise of operation
is imperceptible from any property line of property zoned or used
for residential purposes.
(e)
Maintenance. An employee, business owner or
property owner shall be responsible for keeping the recycling sites
in a clean and safe condition and shall pick up any recycle materials
that have blown around the site or adjacent area. All materials shall
be stacked properly within a recycling bin and be monitored on a frequent
basis.
(f)
Hours of operation. A sign shall be posted on
the recycling enclosure stating the hours when collection of materials
may be conducted. Collection hours of recyclables shall be determined
by the Director of Building and Zoning.
(g)
Signs. A sign shall be posted on the recycling
enclosure stating the hours when collection of materials may be conducted.
B.
Adult entertainment establishment.
(1)
Separation from other uses. No adult entertainment
establishment shall be permitted within 2,650 feet of any R-1 or R-2
zoned lot or within 2,650 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 R-1 or R-2 or a lot
that contains a religious assembly, school or park and recreation
use.
(2)
Separation from other adult entertainment establishments.
No adult entertainment establishment shall be allowed to locate or
expand within 2,650 feet of any other adult entertainment use or within
2,650 feet of any bar or tavern.
(3)
Access. All access to and from the adult entertainment
establishment shall be provided from a thoroughfare street.
(4)
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.
(5)
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.
(6)
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.
D.
Airport or airstrip. Airports and airstrips shall be allowed in the A, R-1, R-2, M-1 and M-2 Districts upon approval of a special use permit issued in accordance with the following provisions and the provisions of Article VIII.
(1)
Airports and airstrips shall only be allowed in the
R-1 and R-2 Districts when said airport or airstrip is a part of a
residential development.
(2)
The airport or airstrip within an R-1 or R-2 District
shall only be for use by those residing within said residential development.
(3)
No aircraft shall take off or land at an airport in
an R-1 or R-2 District after dusk or before dawn.
E.
Asphalt plant.
(1)
Residential separation. Asphalt plants shall not be
located within 1,000 feet of an R-1 or R-2 District boundary line
or property on which an existing residential dwelling is located.
The separation distance shall be measured from the nearest property
line on which the asphalt plant is or is intended to be located to
the nearest boundary line of an R-1 or R-2 District or to the nearest
property line on which an existing residential dwelling is located.
F.
Bed-and-breakfast establishment. Bed-and-breakfast establishments shall be allowed in the zoning districts as specified in § 350-42 upon approval of a special use permit issued in accordance with the provisions of Article VIII. When considering a special use permit application for a bed-and-breakfast establishment, the following requirements shall apply:
(1)
The establishment shall be located within a one- or
two-family dwelling unit.
(2)
The establishment shall be located on a lot that is
a minimum of one acre in size.
(3)
The yard and floor area requirements shall be as set
forth in the R-1 Single-Family Residence District.
[Amended 2-17-2015]
(4)
The establishment shall be located in a dwelling unit
permanently occupied by the owner or manager wherein, as an accessory
use to the residential use, rooms are rented to the public for no
more than 10 consecutive nights in any twelve-month period.
(5)
Breakfast may be provided to guests of the bed-and-breakfast
only.
(6)
Two off-street parking spaces with one additional
off-street parking space per lodging room shall be provided. All off-street
parking spaces for each lodging room shall be adequately screened
from neighboring property.
(7)
No more than five guest rooms may be provided. The
County Board may, however, further limit the number of lodging rooms
allowed in order to maintain the character of the neighborhood in
which the bed-and-breakfast facility is located.
(8)
No signs other than an identification sign as allowed by Article X of this chapter shall be permitted.
(9)
The establishment shall comply with the requirements
of the State Fire Marshal for one- and two-family dwellings.
(11)
In conjunction with the special use permit application,
a floor plan of the proposed bed-and-breakfast establishment shall
be submitted illustrating that the proposed establishment will comply
with the requirements for bed-and-breakfast establishments as set
forth by this chapter.
(12)
The operator shall obtain all required licenses
and permits for a bed-and-breakfast establishment as required by the
McLean County Health Department prior to beginning the operation of
the bed-and-breakfast establishment.
G.
Camp, institutional. Institutional camps may be allowed upon approval of a special use permit issued in accordance with Article VIII and the following provisions:
(1)
The camp is located within a growth area as designated
by the Comprehensive Plan for the Development of the Community of
McLean County; or
H.
Camp, recreational. Recreational camps may be allowed upon approval of a special use permit issued in accordance with Article VIII and the following provisions:
(1)
Location.
(a)
The camp is located within a growth area as
designated by the Comprehensive Plan for the Development of the Community
of McLean County; or
(2)
Any accessory outdoor recreational facilities of a
nonspectator nature shall be for use only by persons camping on the
premises.
(3)
Accessory buildings or structures shall be under the
same ownership as the camp and shall not be leased to individuals
or groups of individuals.
(4)
A recreational camp shall not be designed or located
so as to furnish lodging for persons utilizing recreational facilities
on adjacent or nearby land.
(5)
Incidental storage of such recreational vehicles shall
be permitted, provided such vehicles are not placed on permanent foundations
or supports.
I.
Cemetery, mausoleum or columbarium. A fifteen-foot-wide
landscape buffer shall be provided along all property lines abutting
any R-1 or R-2 zoned property.
J.
Church, chapel, temple or synagogue.
(1)
Bus parking. Any parking area used for the overnight
parking of buses and vehicles shall be located at least 100 feet from
the lot line of a lot zoned R-1 or R-2. Any such parking area shall
be screened from view of an adjacent R-1 or R-2 District by a landscape
buffer as approved by the Director of Building and Zoning.
(2)
Accessory dwelling. A property on which a church,
chapel, temple or synagogue is located may also contain an accessory
residential dwelling to be used as a parsonage, rectory or parish
house.
K.
Competitive communications or meteorological tower.
Competitive communications and meteorological towers shall conform
with the following (These facilities may be permitted uses in the
Agriculture and Commercial Districts when located at least 500 feet
from the R-1 and R-2 Districts.):
[Amended 2-20-2001; 6-18-2002; 6-17-2008; 2-17-2015]
(1)
No building or tower that is part of a competitive
communications tower facility shall encroach onto any recorded easement
prohibiting the encroachment unless the grantees of the easement have
given their approval.
(2)
Lighting shall be installed for security and safety
purposes only. Except with respect to lighting required by the FCC
or FAA, all lighting shall be shielded so that no glare extends substantially
beyond the boundaries of a facility.
(3)
No facility shall encroach onto an existing septic
field.
(4)
Any competitive communication facility located in
a special flood hazard area or wetlands shall comply with the requirements
of the FP Floodplain Overlay District and Illinois Department of Water
Resources.
(5)
Existing trees more than three inches in diameter
shall be preserved if reasonably feasible during construction. If
any tree more than three inches in diameter is removed during construction,
a tree three inches or more in diameter of the same or a similar species
shall be planted as a replacement unless otherwise specified by the
Zoning Board of Appeals. Tree diameter shall be measured at a point
three feet above ground level.
(6)
If any elevation of a competitive communications facility
faces an existing, adjoining R-1 or R-2 Zoning District, low-maintenance
landscaping shall be provided on or near the site of the facility
in order to screen the facility. The quantity and type of landscaping
shall be approved by the Director of Building and Zoning.
(7)
Fencing or walls shall be installed around the perimeter
of each facility or the base of the tower shall not be climbable for
a distance of eight feet measured from the ground.
(8)
Height and other design aspects of competitive communications
towers shall be approved by a registered engineer, and FAA impact
documentation shall be submitted to and approved by the Director of
Building and Zoning. Orange safety balls shall be installed on each
side of towers where guy wires are used for towers over 100 feet in
height.
L.
Contractor shop and office. No outside storage shall be allowed within a C Commercial District. Temporary use of land by contractors, as provided in Article I of this chapter, shall be exempt.
M.
Day-care (center, home).
(1)
Day-care center.
(a)
State licensing. Each day-care center shall
be licensed by the Illinois Department of Children and Family Services
under the Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.)
and shall meet all County and State Health Department requirements
pertaining to facilities, equipment, and other features.
(b)
Vehicle drop-off area. An off-street loading
zone capable of holding one car per 10 individuals cared for shall
be provided, in addition to the required parking area, in order to
provide for the safe pickup and discharge of passengers.
N.
Fertilizer distribution plants and agricultural seed
sales. Facilities shall provide approval from the road authority.
[Amended 2-20-2001; 6-17-2008]
O.
Golf course.
(1)
Location of accessory restaurants and equipment shops.
Facilities such as restaurants, bars and equipment shops shall be
allowed when an integral part of a principal club house building,
provided there is no exterior display or advertising for the restaurant
or bar.
(2)
Location of accessory recreation facilities. Buildings,
swimming pools, tennis courts, and similar accessory recreational
facilities shall be set back at least 25 feet from the property line
of any A, R-1 or R-2 Zoning District.
(3)
An eighteen-hole golf course shall require a minimum
of 60 acres for each nine holes unless the golf course is a par-three
course, in which case a minimum of 25 acres shall be required for
each nine holes.
(4)
Par-three golf courses shall be not allowed in an
R-1, R-2, M-1 or M-2 District.
P.
Greenhouse and nursery. Greenhouses, nurseries and
wholesale sales of plant materials and garden crops shall be subject
to the following standards:
Q.
Group home. Group homes shall be subject to the following
standards:
(1)
Spacing. A group home to be located within an R-1
or R-2 District shall not be located on a lot that is within 600 feet
of another lot on which a group home is located.
(2)
Exterior appearance. There shall be no alteration
of the exterior of the group home that shall change the character
thereof as a single-family residence. There shall be no alteration
of the property on which the group home is located that will change
the character thereof as property within a single-family dwelling
district.
(3)
Neighborhood character. A group home shall be constructed
to be compatible with the architectural character of the neighborhood
in which it is located.
R.
Home occupation. Home occupations shall be permitted in all districts permitting dwellings, subject to the following provisions and the provisions for accessory uses as specified in Subsection A.
(1)
Restrictions and limitations.
(a)
The home occupation shall be incidental and
subordinate to the principal residential use of the premises and shall
not occupy more than 25% of the total floor area of the dwelling unit,
exclusive of the basement. In addition, a home occupation shall not
occupy more than 50% of the floor area of the basement.
[Amended 2-20-2001]
(b)
No more than one employee who does not reside
in the house may work the location of the home occupation. The number
of employees that never visit or work at the home occupation location
shall not be limited.
(c)
Sales on the site of a home occupation shall
be limited to goods made on the site. Off-premises sales, including
sales made by telephone, fax or computer, are not prohibited by this
chapter.
(d)
No exterior display of merchandise sold or used
in conjunction with the home occupation shall be allowed.
(e)
No sign shall exceed two feet in any direction,
signs shall not be illuminated, and signs shall be placed flat against
the main wall of the principal residential structure.
(f)
No materials or equipment used in conjunction
with a home occupation shall be stored outside.
(g)
No equipment shall be utilized that creates
a nuisance due to noise, vibration, smoke, dust, odor, heat, glare,
emissions or electrical interference.
(h)
No alteration of the exterior of the principal
residential structure shall be made which changes the character thereof
as a dwelling.
(i)
No traffic shall be generated by the activity
of the home occupation which is abnormal to a residential neighborhood.
This provision shall also include the prohibition of regular delivery
by trucks in excess of a two-ton capacity.
(j)
Particular home occupations permitted:
[1]
Art, dancing, and music schools, provided that
instruction is limited to five pupils at one time.
[2]
Artists studios and conservatories.
[3]
Barber shops, beauty shops and tanning salons.
[4]
Professional offices for chiropractors (secondary
office only), architects, engineers, planners, lawyers, accountants,
bookkeepers, and similar professions.
[Amended 11-20-2001]
[5]
Offices for realtors, insurance agents, brokers,
sales representatives, and manufacturing representatives.
[6]
Watch, clock, and jewelry repair services.
[7]
Radio, television, phonograph, recorder, compact
disc player, computer and small appliance repair services.
[8]
Home crafts and hobbies such as model making,
rug weaving, lapidary work, cabinet making, etc.
[9]
Tailoring, alterations, and other sewing services.
[10]
Tool sharpening and filing.
(k)
Particular home occupations prohibited. Permitted
home occupations shall not in any event include the following:
[1]
Antiques, retail.
[2]
Undertaking, mortuary and funeral services.
[3]
Grocery sales.
[4]
Secondhand merchandise, retail.
[5]
Equipment rental.
[6]
Automobile and other motor vehicle repair services.
[7]
Physician or dental clinics.
[Amended 11-20-2001]
[8]
Veterinary clinics, kennels and stables.
[9]
Adult entertainment establishments.
[Added 2-20-2001]
S.
Mining and quarrying. Mining and quarrying operations
shall be subject to the following standards:
[Amended 2-20-2001; 9-15-2009]
(1)
Development Plan and Minimum Site Area:
(a)
A development plan shall include a map showing the following information:
[1]
The location of all property lines, existing roads/road center lines,
easements, utilities, waterways other significant features;
[2]
Existing contours with an interval of no more than two feet;
[3]
Uses of adjacent land
[4]
Excavation lines in relation to property lines;
[5]
Ingress and egress during operation;
[6]
Truck loading area and circulation route;
[7]
Scale house, crusher, sorting/classifying equipment;
[8]
Stockpiles of mined materials and overburden; and
[9]
Berms containing overburden/topsoil.
(b)
A minimum site area of 10 acres shall be required.
(2)
Entrances. There shall be no more than one entranceway
from a public road. A traffic study shall be required if deemed necessary
by the County Engineer. Entrances onto the site shall allow sufficient
vehicle reservoir space so that vehicles waiting to enter the site
are not located on the public right-of-way.
(3)
Hours of operation. Uses shall only operate during
daytime hours as stated in Part 900 of the regulations of the Illinois
Pollution Control Board if located within 2,000 feet of the boundaries
of a residence district or any existing dwelling.
(4)
Setback distances. No digging or excavating shall
occur within 50 feet of any perimeter, or 80 feet from the center
line of a township road, 90 feet from the center line of a collector
street or County highway or 100 feet from the center line of an arterial
road or state highway, whichever is greater, unless such property
abuts a railroad right-of-way.
(5)
Separation distances from a residence district in
the County or in a municipality, including the R-1 and R-2 Districts,
and schools, elementary, middle or high. A mine involving the extraction
of sand, gravel and topsoil, which may include storage piles, washing,
screening, crushing, loading and hauling as accessory uses, shall
require the following separations:
(a)
The separation requirement shall be 1/2 mile
(2,640 feet) from a residence district or school lot to the nearest
property line of the property containing the mine involving the extraction
of sand, gravel and topsoil, which may include storage piles, washing,
screening, crushing, loading and hauling as accessory uses. Operations
shall comply with performance standards set forth herein for the M-1
Restricted Manufacturing District. A berm consisting of overburden/topsoil
with a side slope no steeper than 3:1 is exempt from the separation
distance requirement if shown on the development plan.
(b)
A quarry for the extraction, crushing, loading,
hauling, storage, blasting, or cutting of stone shall be three miles
from the nearest residence district or school lot as measured to any
part of the quarry operation. Operations shall comply with performance
standards set forth herein for the M-2 General Manufacturing District.
(c)
A shaft mine for the extraction, crushing, loading, hauling, storage,
washing and sorting of coal and other minerals shall be three miles
from the nearest residence district or school lot as measured to any
part of the shaft mine operation. Operations shall comply with performance
standards set forth herein for the M-2 General Manufacturing District.
(6)
Paving and dust control.
(a)
All roads, driveways, parking lots and loading and unloading areas
within 100 feet of any lot line shall be graded and paved with an
approved concrete or asphalt/concrete surface so as to limit adjoining
lots and public roads from the nuisance caused by wind-borne dust.
(b)
All roads, driveways, parking lots and loading and unloading areas
not required to be paved shall be kept in as dust-free a condition
as possible, using application of dust-inhibitors, if necessary, so
as to limit the nuisance caused by wind-borne dust from adjoining
lots and public roads. The operator is required to provide additional
dust and noise control when requested to do so by the Director of
Building and Zoning.
(7)
Slopes. The slope of material in any excavation shall
not exceed the normal angle of repose or 55°, whichever is less.
(8)
Buffers and fences.
(a)
Where adjacent to or across the road from a residence district or
school lot when any open excavation will have a depth of 10 feet or
more and create a slope of more than 30°, there shall be erected
a fence of not less than six feet in height with suitable gates where
necessary, effectively blocking access to the area in which such excavation
is located. Such fences shall be located 50 feet or more from the
outside edge of the excavation. Fences shall be adequate to prevent
trespass.
(b)
A buffer of 50 feet in width shall be provided around the site on
which no mining or accessory activity can occur. A berm may be located
within the buffer if shown on the development plan.
(9)
Stormwater management. A stormwater management plan shall be required that complies with the provisions for stormwater retention/detention basins in Chapter 317, Subdivision of Land.
(10)
Site restoration. The following restoration
requirements shall apply to all excavation uses:
(a)
Restoration plan. Before approval of a special use permit for an excavation use, the operation shall submit to the Director of Building and Zoning a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, proposed final contours with an interval of no more than two feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated. A residential or other development concept plan, as defined in Article VIII, shall be provided if the proposed mining operation is in such a growth area as shown in the County or a municipal comprehensive plan. The final slope of the excavated areas above the water line shall not exceed a slope of 3:1.
(b)
The restoration plans shall be filed with and
approved as part of the special use permit application before quarrying
or removal operations begin. The plans shall be prepared by a soil
or geological engineer.
(c)
Bonds. Unless a reclamation bond is submitted
to the Illinois Department of Mines and Minerals, before the issuance
of any special use permit, the owner of the operation shall execute
a bond sufficient to ensure restoration of the site in accordance
with the approved restoration plan. Such bonds shall be a part of
the special use application. Said bonds shall run for the same term
as the term of the special use permit and any renewals.
(d)
Water quality. In restoration, no filling operations
shall be permitted which will likely result in contamination of groundwater
or surface water, or soils, through seepage of liquid or solid waste
or which will likely result in the seepage of gases into surface or
subsurface water or into the atmosphere.
(e)
Appearance. The restoration plan shall provide
that all areas within any single development be rehabilitated progressively
as they are worked out or abandoned to a condition of being entirely
lacking in hazards, inconspicuous, and blended with the general surrounding
ground form so as to appear reasonably natural or they shall be restored
pursuant to an approved restoration plan.
(f)
Topsoil and fill. Where topsoil is removed,
sufficient arable soil shall be set aside for reclamation of the premises
and shall be respread over the premises after the operation. The area
shall be brought to final grade by a layer of earth of two feet or
original thickness, whichever is less, capable of supporting vegetation.
The area shall be seeded or sodded in a manner approved by the County
Board. Fill shall be of a suitable material approved by the County
Board as part of the special use permit application.
(11)
County, state and federal standards. All operations
shall obtain all necessary licenses and permits from all County, state,
and federal agencies that regulate such facilities, equipment and
other features.
T.
Landscape waste composting and mulching facility.
The following standards shall apply to all landscape waste composting
and mulching facilities:
(1)
Other regulations. An application for permission to
construct and operate a landscape waste composting and mulching facility
shall be accompanied by copies of all valid permits issued and required
by the Illinois Environmental Protection Agency, and all other applicable
local, state or federal agencies.
(2)
Minimum site area. All landscape waste composting
and mulching facilities shall be located on a site containing at least
five acres.
(3)
(4)
Setback. The location of the portion of the site where
active biological decomposition of the landscape waste is taking place
shall be set back a minimum of 200 feet from the property line. In
addition, the facility shall be set back not less than 200 from a
potable water supply.
(5)
Landscape buffer. Each landscape waste composting
facility shall have a landscape buffer around its perimeter. The County
Board may require a greater buffer to protect adjacent property from
adverse visual, noise and other impacts associated with a specific
compost facility.
(6)
Traffic circulation. The operation shall provide entrances
with ingress and egress so designed as to minimize traffic congestion.
No more than one vehicle entrance shall be allowed for each 660 feet
of lot frontage on a public street. There shall be enough room on-site
to accommodate peak traffic volume and company vehicles. The Director
of Building and Zoning may require a traffic report to be submitted
with the special use permit application.
(7)
Storage bins. Storage bins will be allowed to be stored
on-site as an ancillary use, provided they are durable, covered and
meet the same setbacks required for structures on the site. The number
of storage bins allowed may be limited by the County Board and shall
be completely screened from view from off-site.
(8)
Sale of composted material. The sale or marketing
of any composted or mulched waste material at retail or wholesale
from such facility shall be allowed only when such sale or marketing
is accessory and incidental to the composting and mulching facility.
(9)
Hours of operation. The proposed hours of operations
shall be submitted with the special use permit application for the
facility. In no case, however, shall the facility operate before sunrise
or after sunset. When located within 1,000 feet of a lot with a single-family
dwelling or within 1,000 feet of the boundary of an R-1 or R-2 Zoning
District, the facility shall not operate before 8:00 a.m. or after
7:00 p.m.
(10)
Paving. All roads, driveways, parking lots and
loading/unloading areas within 100 feet of any lot line shall be graded
and paved with a concrete or asphalt/concrete surface as approved
by the Director of Building and Zoning.
(11)
Stormwater management. A stormwater management
plan may be required at the discretion of the Director of Building
and Zoning.
(12)
Litter control. Evidence shall be submitted
to show that the operation shall be conducted in such a manner as
to prevent the blowing of any waste materials or dust particulate
matter onto adjoining property or roadways.
(13)
Hazardous material. Operations shall not involve
the on-site holding, storage or disposal of hazardous substances,
except for such substances used for the operation of the facility
such as fuel and pesticides.
(14)
Material. No food scraps (except for vegetable
scraps) or other vermin-attracting materials shall be processed, stored
or disposed of on the site of the compost facility. Only yard/garden
wastes are allowed as compost material.
U.
Manufactured home/mobile home. Manufactured homes
and mobile homes shall only be permitted in a manufactured home park
unless said manufactured home is a "manufactured home, residential
design" as defined and allowed herein.
V.
Single-family and duplex dwelling unit. The following
standards shall apply to all single-family and duplex dwelling units.
(1)
The minimum exterior width of a single-family or duplex
home shall be 22 feet. Ground floor area shall be not less than 800
square feet, except that for dwelling units having more than one story,
the minimum ground floor area shall be 700 square feet.
[Amended 6-18-2002]
(2)
The pitch of the roof of the single-family and duplex
home shall have a minimum vertical rise of four feet for each 12 feet
of horizontal run and the roof shall be finished with a type of shingle
that is commonly used in standard residential construction in the
County.
(3)
The exterior may be composed of brick, stone, wood
or other commonly used material used in standard residential construction
in the County.
[Amended 2-20-2001]
(4)
If siding is used, the exterior siding shall consist
of vinyl or metal horizontal lap siding (whose reflectivity does not
exceed that of low-luster white paint), wood, or hardboard, comparable
in composition, appearance and durability to the exterior siding commonly
used in standard residential construction in the County.
[Amended 2-20-2001]
(5)
A residential-design manufactured home or modular
home shall be set up in accordance with the recommended installation
procedures of the manufacturer and the standards set by the National
Conference of States on Building Codes and Standards and published
in Manufactured Home Installations, 1987 (NCS BCS A225.1), and a continuous,
permanent masonry foundation or masonry curtain wall, or poured concrete
wall, unpierced except for required ventilation and access, is installed
under the perimeter of the residential-design manufactured home or
modular home.
[Amended 2-17-2015]
(6)
Stairs, porches, entrance platforms, ramps and other
means of entrance to and exit from the home shall be attached firmly
to the primary structure and anchored securely to the ground.
W.
Manufactured home park. Manufactured home parks shall
comply with the following standards:
(2)
Streets. Private streets shall be permitted within manufactured home parks, provided that they comply with the design standards of Chapter 317, Subdivision of Land. Street signs shall comply with all applicable County standards.
(3)
Parking. A minimum of two parking spaces shall be
provided for each dwelling unit within the manufactured home park.
At least one of the two required spaces shall be an off-street parking
space located on each manufactured home unit space. All off-street
parking areas shall be paved in accordance with County standards.
(4)
Recreation and open space. At least 300 square feet
of common recreation and open space shall be provided per manufactured
home/manufactured housing site in the manufactured home park. Such
recreation and open space area shall be located no further than 500
feet from any manufactured home site served. Streets, sidewalks, parking
areas and accessory buildings are not to be included as recreation
space in computing the necessary area.
(5)
Walkways. Walkways shall be required on one side of all interior streets and accessways and shall provide connections between manufactured home units and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four feet in width and shall meet the design and construction requirements of Chapter 317, Subdivision of Land.
(6)
Water supply. All manufactured home parks shall be
connected to a water supply system as approved by the Illinois Environmental
Protection Agency.
(7)
Sewage disposal. All manufactured home parks shall
be connected to a sewer system as approved by the Illinois Environmental
Protection Agency or the McLean County Health Department.
(8)
Storm drainage facilities. Storm drainage facilities
shall be so constructed as to protect those who will reside in the
manufactured home park, as well as the property owners adjacent to
the manufactured home park. Such facilities shall be of such capacity
to ensure rapid drainage and prevent the accumulation of stagnant
pools of water in or adjacent to the park and shall comply with all
applicable County standards.
(9)
Underground utilities. All electric, telephone, and
other lines from supply poles outside the park or other sources to
each manufactured home site shall be underground.
(10)
Fire protection. Manufactured home parks shall
be equipped at all times with fire-extinguishing equipment in good
working order of such type, size, and number and so located within
the park to satisfy regulations of the State Fire Marshal.
(11)
Flammable liquid storage. The use of individual
fuel oil or propane gas storage tanks to supply each manufactured
home separately shall be prohibited. Any fuel oil or gas storage shall
be centrally located in underground tanks, at a safe distance from
any manufactured home site. All fuel lines leading to the park and
to manufactured home sites shall be underground and so designed as
to conform with any state code that is applicable. When separate meters
are installed, each shall be located in a uniform manner.
(12)
Solid waste. All garbage and trash containers
shall be placed in a conveniently located, enclosed structure, the
exterior of which is similar in appearance to the manufactured home
it serves. The removal of trash shall take place not less than once
a week. Individual or common incinerators shall be prohibited.
(13)
Landscaping. A landscape buffer as approved
by the Zoning Board of Appeals shall be provided and maintained along
all boundaries of a manufactured home park except at established entrances
and exits.
(14)
Manufactured home spaces within manufactured
home parks. Manufactured home spaces within manufactured home parks
shall comply with the standards of this section.
(a)
Minimum size of manufactured home space. Each
manufactured home space within a manufactured home park shall contain
at least 3,000 square feet of site area, and be at least 40 feet in
width.
(b)
Access. Each space shall have access to a paved
interior roadway. In no case shall access to manufactured home spaces
be provided from abutting property.
(c)
Clearance. Each space shall be located so that
at least 10 feet of clearance will be maintained between manufactured
home units and other structures in the park.
(d)
Canopies and awnings. Canopies and awnings may
be attached to any manufactured home and may be enclosed and used
for recreation or sun room purposes. When enclosed for living purposes,
such shall be considered as part of the manufactured home.
(e)
Utility hookup. Each manufactured home space
shall have hook-up facilities for water, sewer, electricity, and telephone.
X.
Marina.
(2)
Incidental sales of food and prepackaged beverages
may be allowed as an accessory use to a marina upon approval of a
special use permit specifically allowing such incidental sales.
(3)
Marinas shall be located on lots having not less than
100 feet of frontage on a waterway used for the general public for
boating activities.
Y.
Multifamily. Multifamily development shall be subject
to the following guidelines and standards as part of the site plan
review of each development:
(2)
Cut and fill. Excessive cut and fill are unacceptable.
The development should preserve the natural topography of the site.
(3)
Pedestrian circulation. Pedestrian circulation systems
(sidewalks, walkways, and paths) shall be located and designed to
provide physical separation from vehicles along all public and private
streets and within any parking area. Pedestrian access should be designed
to provide reasonable linkages of dwelling units to other facilities
within the development such as recreation, services, mail and parking.
(4)
Building separation. All buildings shall be separated
by a minimum distance of 20 feet.
(5)
Lot coverage. Each development should be designed
to reflect unique site characteristics and build strong neighborhood
environments without overcrowding the site.
(6)
Net living area. A minimum net living area for each
dwelling unit (exclusive of basements, open porches, terraces, patios,
garages, carports, and facilities such as heating, cooling and laundry
serving more than one dwelling unit) shall be as follows:
(7)
Access. Whenever possible, local streets shall provide
the vehicular access for all multifamily residential developments.
(8)
Open space. Open space should be provided to meet
active and passive use requirements of the neighborhood.
(a)
At least 10% of the total site area shall be
set aside as common open space. The common open space area shall be
suitable for active or passive recreational use. Common open space
areas should be centrally placed within the neighborhood. Common open
space may include pools, tennis courts, and tot lots. Common open
space may not be counted as part of nor located in a required setback
area.
(b)
A minimum of 60 square feet of private open
space shall be provided for each dwelling unit. Private areas should
be accessible from each applicable dwelling unit and should be designed
to prevent access from other areas so as to ensure privacy. Private
areas typically include yards, balconies and patios adjoining each
dwelling unit.
(9)
Building clustering. Unusable and unassigned open
space surrounding buildings should be reduced by clustering buildings.
Buildings should be clustered around a central common area, and not
have the primary orientation directed toward the parking area.
(10)
Building orientation.
(11)
Vehicular circulation and parking.
(a)
Street layout. The layout of streets should
provide for safe operation of vehicles within the development.
(b)
Parking area layout. Double-loaded parking areas
along private streets are generally not acceptable. Parking areas
should be located along drives that intersect public or private streets.
(c)
Parking enclosures. Parking enclosures should
be designed and sited so as to complement the primary structures and
to provide visual relief from extensive pavement area.
Z.
Oil and gas drilling/refining and CO2 sequestration
drilling.
[Amended 5-11-2023]
(1)
Oil
and gas drilling/refining operations shall be subject to the following
standards:
(a)
Oil and gas drilling/refining operations shall
not be located within 1,000 feet an existing R-1 or R-2 Zoning District
boundary line, 330 feet of any lot containing a dwelling as a principal
use or 50 feet from any other lot line.
(b)
The distillation of ethyl alcohol (ethanol) from agricultural crops and the processing of by-products from such distillation when such alcohol is not utilized as fuel for agricultural purposes on the premises shall be allowed as a permitted use in the M-1 and M-2 Districts and as a special use, issued in accordance with the provisions of Article VIII, in the A Agriculture and C Districts.
(2)
CO2
sequestration drilling operations shall be subject to the following
standards:
[Amended 12-14-2023]
(a)
A permit has been obtained from the U.S. Environmental Protection
Agency for a Class VI injection well for carbon dioxide sequestration.
(b)
CO2 sequestration wells shall not be
located within 1,500 feet of an occupied residence, a livestock shelter,
a school, community building or a commercial/manufacturing building.
(c)
Lighting shall be installed for security and safety purposes
only. All lighting shall be shielded so that no glare extends substantially
beyond the boundaries of a CO2 sequestration
facility.
(d)
An applicant or owner shall work with the local fire department
and emergency management agency to develop and fund an emergency response
plan, an evacuation plan, required equipment purchases, and adequate
training and certifications.
(e)
An applicant or owner shall enter into a road use agreement
with agencies having jurisdiction of the roads to be used for the
construction, operation, and maintenance of the facility, which shall
include at a minimum the following:
[1]
Conduct a preconstruction baseline survey to determine existing
road conditions for assessing potential future damage;
[2]
Secure financial assurance, in a reasonable amount agreed to
by the relevant parties, for the purpose of repairing any damage to
public roads caused by constructing, operating or maintaining the
CO2 sequestration facility;
[3]
Provide the Director of Building and Zoning with a signed copy
of any agreements pertaining to the use of public roads.
AA.
Paintball establishment. The following requirements
shall apply to paintball establishments:
(1)
The operator is required to maintain membership
in the American Paintball League (or similar reputable national organization)
and enforce its operating rules.
(2)
Warning signage shall be placed every 100 feet
along the property lines and shall be visible from a distance of 50
feet.
(3)
A clearly marked buffer of 50 feet adjacent
to any street or public way and of 30 feet along any other lot line
shall be provided in which no paintball games may take place.
(4)
Parking shall not take place in any required
yards.
(5)
No games shall be played before sunrise or after
sunset.
(6)
A copy of the current liability policy of not
less than $1,000,000 for bodily injury or death shall be maintained
in the Department of Building and Zoning.
(7)
A sign-off from McLean County Health Department
for food service shall be provided and sanitation facilities.
(8)
A site plan drawn to scale shall be provided
showing property lines, parking areas, buffers and other improvements.
BB.
Racetrack. The following requirements shall apply
to racetracks.
(1)
Access to racetracks shall be provided by a
paved roadway that is classified as an arterial roadway.
(2)
Racetracks for the racing of animals shall be
located at least one mile from any R-1 or R-2 Zoning District.
(3)
Racetracks for the racing of motor vehicles
shall be located at least two miles from any R-1 or R-2 Zoning District.
CC.
Recreation and entertainment, outdoor. Outdoor recreation
and entertainment uses shall be located on arterial or collector roads.
Public activity areas shall be located at least 660 feet from any
adjacent R-1 or R-2 Zoning District.
DD.
Recreational vehicle park. Recreational vehicle parks
shall be permitted subject to the following conditions:
(1)
The site selected for recreational vehicle parks
shall be well-drained and designed to provide space for recreational
vehicles that are intended for short-term occupancy. Recreational
vehicles may have a permanent placement within said park as long as
said recreational vehicle has not been built onto and the owner of
said recreational vehicle has a bona fide residence at a different
location. The location of the recreational vehicle park may not necessarily
front on a major roadway or thoroughfare, but shall be directly accessible
to the major roadway by means of a private road or public road on
which it has frontage.
(2)
The minimum tract size shall be two acres and
shall be in one ownership.
(3)
The maximum number of recreational vehicle spaces
allowed shall not be more than 20 per acre. Consideration shall be
given to whether the recreational vehicle park and the density level
are designed accordingly. The densities of overnight use may be higher
than destination type since it primarily serves as a short stopping
point while the destination-type recreational vehicle park provides
for longer and extended stays of several days or weeks.
(4)
The minimum width of a recreational vehicle
space shall be 25 feet. The space shall be so designed as to provide
space for parking both a travel trailer and towing a vehicle off the
roadway. No travel trailer unit shall be closer than 12 feet to any
other adjacent unit, structure or roadway, and all spaces shall have
direct access to the roadway. No unit shall be placed closer than
30 feet to any of the development property lines, and the 10 feet
nearest the property line shall be permanently maintained as a sodded
and/or landscaped area.
(5)
Mobile homes and manufactured homes shall not
be allowed.
(6)
A central office or convenience establishment
with an attendant shall be provided within the recreational vehicle
park to register guests and provide service and supervision to the
camp. An accessory residence shall be allowed for occupancy by the
owner or operator of the facility.
(7)
The applicant for a recreational vehicle park shall submit a site plan in accordance with the provisions of Article VIII to the Zoning Board of Appeals for its review and approval. In addition to the requirements of Article VIII, the site plan shall contain the information required below and any other information the Board shall deem reasonably necessary to fully evaluate the proposed development:
(a)
General layout of development, with dimensions,
depths, number of spaces and related sanitation accommodations.
(b)
Parking area location, sizes and capacity.
(c)
Ingress and egress points for the project.
(d)
Use of structures.
(e)
General layout of typical recreational vehicle
space showing size of space and proposed improvements.
(f)
Layout of roadway within the camp.
(g)
Net density of proposed project, expressed in
terms of units per acre.
(h)
General landscaping plan indicating all new
and retained plant material to be incorporated within the new development
and layout of outdoor lighting system.
(i)
Plan and method of sewage disposal and water
supply.
(j)
Location plan and number of proposed sanitary
conveniences, including proposed toilets, washrooms, laundries and
utility areas; in addition, proof of state license for operation of
the sewer and water supply.
(k)
The development shall provide a general refuse
storage area or areas which shall be provided with a paved concrete
surface and shall be enclosed to screen them from view.
(8)
The recreational vehicle parks shall be planned
and constructed in accordance with the minimum standards established
in this section and outlined below:
(a)
All parking areas and roadways shall be constructed
and paved with a hard-surface bituminous or concrete material.
(b)
All camps shall be provided with general outdoor
lighting with a minimum of 0.3 footcandle of general illumination.
(c)
All yard areas and other open spaces not otherwise
paved or occupied by structures shall be sodded and/or landscaped
and shall be maintained.
EE.
Salvage yard. The following standards shall apply
to salvage yards, scrap and waste material storage yards, auto wrecking
and junkyards.
(1)
Separation from residential. No salvage yard
shall be located within 300 feet of an R-1 or R-2 Zoning District.
(2)
Screening. The operation shall be conducted
wholly within a noncombustible building or within an area surrounded
on all sides by a solid fence or wall at least nine feet in height.
The fence or wall shall be of uniform height, uniform texture and
color, and shall be so maintained by the proprietor as to ensure maximum
safety to the public, obscure the junk from normal view of the public,
and preserve the general welfare of the neighborhood. The fence or
wall shall be installed in a way that retains all scrap, junk, or
other materials within the yard. Scrap, junk or other salvaged materials
shall be piled or stored so that they are not visible from outside
the fenced-in area and do not exceed the height of the enclosing fence
or wall within 50 feet of the inside of such fence or wall.
[Amended 6-17-2008]
(3)
Loading/Unloading. No junk shall be loaded,
unloaded, or otherwise placed either temporarily or permanently outside
the enclosed building, fence, or wall, or within the public right-of-way.
FF.
School (elementary, middle, high). Schools shall comply
with the following:
GG.
Single-family attached dwelling. Developments consisting
of single-family attached dwellings shall be subject to the following
standards:
(1)
Lot width. Each single-family attached dwelling
shall be located on an individual lot having a minimum width of 150
feet.
(2)
Lot area. Each lot on which a single-family
attached dwelling is located shall not be less than 22,500 square
feet in area.
(3)
Building coverage. Single-family attached dwellings
shall be exempt from the building coverage standards of the R-2 District.
(4)
Setbacks. No interior side setback shall be
required on the "attached" side of a lot containing a single-family
attached dwelling unit. The interior setback standards of the R-2
District shall only apply to "end" units in a single-family attached
development. End units are those that are attached to other dwelling
units on only one side.
HH.
Single-family, detached farm dwelling. A single-family
detached farm dwelling shall only be allowed in conjunction with a
farming operation.
II.
Single-family, detached non-farm dwelling. A single-family
detached non-farm dwelling shall be allowed as a permitted use in
the R-1 and R-2 Districts. A single-family detached non-farm dwelling
in an A Agriculture District shall be subject to the following standards
and stipulations:
(2)
A single-family non-farm dwelling within the A Agriculture Zoning District shall be permitted only on a lot where 50% or more of the land is not identified as "Prime" or "Important" in the Land Evaluation Soil Groups in § 350-89, and in localities where the dwelling will not cause conflicts with adjacent agricultural uses. The fifty-percent requirement shall not apply to farm operators or farm owners as provided in § 350-35.
[Amended 2-20-2001]
(3)
Right-to-farm disclosure statement. Properties
within the Agriculture District are located in an area where land
is used for commercial agricultural production. Owners, residents,
and other users of property in the Agriculture District or neighboring
property may be subjected to inconvenience, discomfort, and the possibility
of injury to property and health arising from normal and accepted
agricultural practices and operations, including but not limited to
noise, odors, dust, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides, and pesticides. Therefore, owners, occupants,
and users of property within the Agriculture District should be prepared
to accept such inconveniences, discomfort, and possibility of injury
from normal agricultural operations, and are hereby put on official
notice that the state Right-to-Farm Law may bar them from obtaining
a legal judgment against such normal agricultural operations.
JJ.
Single-family, underground dwelling. Single-family
dwellings constructed below ground shall conform with the following
standards:
(1)
Shall have a minimum of 800 square feet of floor
area.
(2)
Shall have sufficient earth cover over the underground
portion to support vegetation.
(3)
At least 20% of the total length of the perimeter
wall surrounding the living area entirely exposed above ground level,
with doors leading from at least two separate rooms through such exposed
wall.
KK.
Single-family, zero-lot-line dwelling. Zero-lot-line
single-family dwellings shall conform with the following standards:
(1)
The procedure for establishing a zero-lot-line single-family development shall be the same as set out for site plan approval in Article VIII.
(2)
The intensity of use, bulk of buildings, concentration
of population, amount of open space, light and air shall be the same
as established for single-family dwellings in the R-2 District.
(3)
The intensity of the residential dwelling units
shall be same as established for single-family dwellings in the R-2
District.
(4)
The developer shall establish a property owners'
association or other entity for the maintenance of common open space
areas within the development. The County Board may require assurance
of the financial and administrative ability of any organization created
by the developer for the purpose of maintaining common open space
areas and facilities of a nonpublic nature.
(5)
There shall be sufficient water pressure to
ensure that adequate fire protection is provided.
(6)
The County Board may, in the process of approving
preliminary and final plans, approve the following deviations from
the requirements of the R-2 District:
(a)
Setbacks of buildings and paved areas from a
public street may be reduced to 50% of the standard requirement.
(b)
Setbacks of buildings from a property line other
than a public street may be reduced to 60% of the standard requirement,
and setbacks of paved areas adjacent to property lines, other than
street lines, may be reduced to zero if existing or proposed development
on said adjacent land justifies the same.
(c)
Side yards between buildings may be reduced
to zero.
(d)
The foregoing deviations (a) through (c) may
be granted by the County Board only when compensating open space is
provided elsewhere in the project, where there is ample evidence that
said deviation will not adversely affect neighboring property nor
will it constitute the mere granting of privilege.
LL.
Solid waste collection/processing facility (if not
a regional pollution control facility). The following standards shall
apply to solid waste collection/processing facilities that are not
a regional pollution control facility.
(1)
Screening. The operation shall be conducted
wholly within a noncombustible building or within an area surrounded
on all sides by a fence or wall at least eight feet in height when
located in a C Commercial District. The fence or wall shall be of
uniform height, uniform texture and color, and shall be so maintained
by the proprietor as to ensure maximum safety to the public, obscure
the junk from normal view of the public, and preserve the general
welfare of the neighborhood. The fence or wall shall be installed
in a way that retains all scrap, junk, or other materials within the
yard. No scrap, junk or other salvaged materials may be piled so as
to exceed the height of this enclosing fence or wall.
(2)
Traffic circulation. The operation shall provide
entrances on arterial or collector streets only with ingress and egress
so designed as to minimize traffic congestion. There shall be enough
room on-site to accommodate peak traffic volume and company vehicles.
A traffic analysis shall be required.
(3)
Storage bins. Storage bins or trailers will
be allowed to be stored on-site as an ancillary use, provided they
are durable, covered and meet the same setbacks required for the structure
on the site. The bins shall be screened as part of the operation.
(4)
Loading/Unloading. No solid waste or junk shall
be loaded, unloaded or otherwise placed either temporarily or permanently
outside an enclosed building, fence or screened area or within the
public right-of-way, except the use of storage bins placed on the
outside of an enclosed building for recycling. The operation shall
be attended on days of operation to maintain the property in a clean,
litter-free condition.
(5)
Separation for residential. No structures shall
be located within 300 feet of an R-1 or R-2 zoned property.
(6)
Hours of operation. Uses shall not operate before
sunrise or after sunset if located within 1,000 feet of an R-1 or
R-2 zoned property.
(7)
Paving. All roads, driveways, parking lots and
loading/unloading areas within 500 feet of any lot line shall be graded
and paved with an approved concrete or asphalt/concrete surface.
(8)
Stormwater management. A stormwater management
plan may be required at the discretion of the Director of Building
and Zoning.
(9)
Other regulations. All operations shall be licensed
if required, have proper permits from the Illinois Environmental Protection
Agency and shall meet all County, state and federal health department
requirements pertaining to facilities, equipment and other features.
(10)
Time limit and renewal of special use permit.
The initial approval of a special use permit for a solid waste collection
facility or a solid waste processing facility shall be effective for
one year, at which time it may be renewed in accordance with procedures
applicable to the original approval. If renewed, a longer time limit
on the special use permit may be established by the County Board.
The special use permit shall be revoked by the Director of Building
and Zoning if it is determined by the Director of Building and Zoning
that the use is creating a nuisance for nearby residents or businesses
or is failing to comply with the conditions imposed on the operation.
MM.
Temporary use. The following temporary uses shall
be allowed:
(1)
Real estate office. Real estate office (containing
no sleeping or cooking accommodations) incidental to a new housing
development, to continue for a period not to exceed two years or until
the sale or lease of all dwelling units in the development has occurred,
whichever is less.
(2)
Seasonal sales of farm produce. Seasonal sale
of farm produce grown on the premises, including Christmas trees if
grown on the same property, in the A Zoning District shall be allowed
subject to the following standards:
(a)
Structures used in conjunction with such seasonal
sales need not comply with the applicable front yard requirements
if the structures are not located within 50 feet of a street or highway
right-of-way line.
(b)
The floor area of structures used in conjunction
with such seasonal sales shall not exceed 600 square feet.
(c)
The height of structures used in conjunction
with seasonal sales of farm produce shall not be greater than 17 feet
or one story, whichever is less.
[Amended 6-18-2002]
(d)
Signs may be erected on the site of the sales
event at the start of the seasonal sales period and may remain in
place for no longer than 90 days. A minimum setback of 10 feet from
all property lines shall be required, and such signs shall not encroach
into or be located within a required sight triangle. The maximum size
shall be limited to 32 square feet.
[Amended 6-18-2002]
(3)
Special events.
(a)
Purpose and intent. The purpose and intent of
this subsection is to allow short-term use of land for special events,
while protecting nearby property owners, residents and businesses
from activities that may be disruptive, obnoxious or otherwise incompatible.
(b)
Types of special events. Special events shall
be deemed to include short-term or seasonal uses that are not otherwise
permitted by the use regulations specified in this article. Two types
of special events are hereby established: Type 1 special events and
Type 2 special events.
[1]
Type 1 special events. The following uses and
activities shall be considered Type 1 special events:
[a]
Fund-raising activities by not-for-profits:
fund-raising or noncommercial events for nonprofit religious, educational
or community service organizations. This special event description
shall not preclude the use of existing religious institutions or other
not-for-profit facilities for events conducted entirely within a building,
between the hours of 7:00 a.m. and 10:00 p.m.
[b]
Grand opening and going-out-of-business
sales: the use of signs and attention-attracting devices to advertise
or attract attention to grand opening and going-out-of-business sales
events.
[c]
Special and seasonal sales events:
commercial activities, not conducted in an enclosed building or regular
place of business, intended to sell, lease, rent, or promote specific
merchandise, services, or product lines, including, but not limited
to: tent sales, trade shows, flea markets, farmers markets (including
horticultural products), Christmas tree lot sales (if grown on another
property), product demonstrations or parking lot sales of food, artwork,
or other goods.
[d]
Auctions and estate sales. Auctions and estate sales, to be held inside an existing building located on private or public property, that will not generate traffic or parking conditions unusual or incompatible with the event site and surrounding area will not require a special event permit. Other auctions and estate sales will be considered under Subsection MM(3)(b)[2], Special and seasonal sales events, of this section.
[e]
Walks, runs and bike tours and
races. Special events held exclusively for walks, runs and bike tours
and races will be subject to application and review procedures, and
general standards and conditions as set forth in this section. The
applicant shall be required to submit an event route and to coordinate
the logistics for use of public rights-of-way and safe crossings at
intersections with the applicable township road district commissioner
and the McLean County Sheriff's Department. All participants must
obey pedestrian and vehicular traffic laws. Special event requests
for such events shall be processed through the applicable township
road district office and the McLean County Sheriff's Department.
[2]
Type 2 special events. Short-term cultural and
entertainment events shall be considered Type 2 special events. The
Type 2 category shall include public or private events intended primarily
for entertainment or amusement, such as concerts, circuses, fairs,
carnivals or festivals. Type 2 special events shall only be allowed
in a C, M-1 or M-2 District.
(c)
Application and review procedures.
[1]
Approval of special events by the Director of Building and Zoning. The Director of Building and Zoning may approve Type 1 special event permits after determining that the event will comply with all of the standards of this Subsection MM(3).
[2]
Approval of special events by the County Board.
The following shall require review and approval by the County Board
prior to being permitted:
[a]
Type 1 special event applications
which the Director of Building and Zoning determines should be reviewed
by the County Board.
[b]
Type 1 special event applications that are denied by the Director of Building and Zoning for failure to comply with the standards of Subsection MM(3)(d) of this section.
[c]
Type 2 special event applications.
[3]
Contents of all applications. An application
for a special event permit shall be accompanied by a fee established
by the County Board. The application shall be made to the Director
of Building and Zoning on a form available from the Director of Building
and Zoning. The application shall include:
[a]
A written description of the proposed event, the duration of the event, the hours of operations, anticipated attendance and any buildings/structures, signs or attention-attracting devices used in conjunction with the event, as well as a response to each of the performance standards established in Subsection MM(3)(d) of this section.
[b]
A sketch plan showing the location
of proposed structures (including on-site rest rooms and trash receptacles),
parking areas, activities, signs and attention-attracting devices
in relation to existing buildings, parking areas, streets and property
lines.
[c]
Written confirmation from the property
owner agreeing to the special event.
[d]
Proof of compliance with the health
and safety standards of McLean County.
[e]
Approval by the applicable road
authority that maintains the roadway providing access to the festival.
[f]
Any additional information deemed
necessary by the Director of Building and Zoning or County Board.
[4]
Review and approval process. A complete application
shall be submitted to the Director of Building and Zoning at least
10 days prior to the requested start of a Type 1 special event and
at least 20 days prior to the requested start date of a Type 2 special
event. Applications that require County Board approval shall be placed
on the next available County Board agenda. With all other applications,
the Director of Building and Zoning shall make a determination whether
to approve, approve with conditions, or deny the permit within five
days after the date of application. Any applicant denied a permit
by the Director of Building and Zoning shall be notified in writing
of the reasons for the denial and of the opportunity to appeal the
denial to the governing body at its next regularly scheduled meeting.
(d)
General special event standards. The following
provisions shall apply to all Type 1 and Type 2 special events:
[1]
Land use compatibility. The special event must
be compatible with the purpose and intent of this article and the
zoning district in which it will be located. The special event shall
not impair the normal, safe and effective operation of a permanent
use on the same site. The special event shall not endanger or be materially
detrimental to the public health, safety or welfare or injurious to
property or improvements in the immediate vicinity of the special
event, given the nature of the activity, its location on the site
and its relationship to parking and access points.
[2]
Compliance with other regulations. A construction
permit or temporary occupancy permit may be required before any structure
used in conjunction with the special event is constructed or modified.
All structures, and the site as a whole, may be required to meet all
applicable zoning district and fire code standards and shall be promptly
removed upon the cessation of the event. Upon cessation of the event
or use, the site shall be returned to its previous condition (including
the removal of all trash, debris, signage, attention-attracting devices
or other evidence of the special event or use).
[Amended 2-17-2015]
[3]
Hours of operation and duration. The duration
and hours of operation of a special event shall be consistent with
the surrounding land uses. The total duration of allowable events
for freestanding businesses, and for the combined total allowed for
a shopping center, shall not exceed 14 weeks. Permits may be approved
for a reasonable period of time based on impact and compatibility
with nearby uses, but under any circumstances shall not exceed six
weeks. The duration and hours of operation of Type 2 special events
shall be recommended by the Director of Building and Zoning and established
by the County Board at the time of review and approval of the event
permit.
[4]
Frequency. The maximum frequency of a special
event on the same property shall be four per calendar year for individual
organizations and businesses and three per calendar year for shopping
centers. The maximum per calendar year for properties in the C Commercial
District and M-1 Restricted Manufacturing District shall be six.
[Amended 6-17-2003]
[5]
Traffic circulation. The special event, as determined
by the County Engineer, shall not cause undue traffic congestion or
accident potential given anticipated attendance and the design of
adjacent streets, intersections and traffic controls.
[6]
Off-street parking. Off-street parking shall
be provided in a manner as determined by the Director of Building
and Zoning or County Board to meet the needs of the requested special
event.
[7]
Public convenience and litter control. Adequate
on-site rest room facilities and on-site solid waste containers shall
be required.
[8]
Appearances and nuisances. The special event
shall be compatible in intensity, appearance, usefulness, enjoyment,
and value with surrounding land uses. The event shall not generate
excessive noise, dust, smoke, glare, spillover lighting or other forms
of environmental or visual problems.
[9]
Setback from road right-of-way. Structures and
equipment used in conjunction with a special event need not comply
with the setback requirements of the applicable district in which
the special event is located unless otherwise required by the Director
of Building and Zoning for public safety reasons. However, structures
or equipment shall not block the view of operators of motor vehicles
on the public streets and shall conform to the requirements of the
sight triangle as specified in Article 6.
[10]
Signs and attention-attracting devices. The Director of Building and Zoning shall review all signage in conjunction with the issuance of the permit, although a sign permit is not required. The applicant should review the sign regulations set forth in Article X as a guide in designing high-quality signage for the special event. The Director of Building and Zoning may approve the temporary use of attention-attracting devices for special events. The number and types of signs and attention-getting devices permitted shall be evaluated on the following criteria: type, size and duration of the proposed event or use, safety considerations (sight-distance setbacks, sidewalks in area, etc.), lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets) and aesthetic concerns (appearance, illumination, number and size of signs and attention-getting devices proposed). All searchlights shall be considered for no more than three days of an event. Searchlights must be turned off by 11:00 p.m., and no search light shall be illuminated when the angle between its beam and the ground surface is less than 60°.
[Amended 2-17-2015]
[11]
Three-dimensional signs and tubular-type
balloon signs will not be permitted on the facade of any structure.
Large ground and roof-mounted promotional-type balloons, and other
attention-attracting devices portraying images of products, people,
cartoon characters, etc., shall be limited to a maximum height of
30 feet and shall be permitted for no more than three days of an event.
Such devices must be dismantled at the end of each work day.
[12]
Area of parking lot dedicated
to special and seasonal sales. No more than 20% of the parking stalls
required for the business requesting the special event permit, not
to exceed 30 stalls, shall be permitted for the display and demonstration
of special and seasonal sales items. No drives or maneuvering areas
may be utilized unless such drive or maneuvering areas are directly
adjacent to the approved display or demonstration area, not required
for emergency access, and not needed to provide proper circulation
through the lot.
[13]
Other conditions. The Director
of Building and Zoning and the County Board shall establish any additional
conditions deemed necessary to ensure land-use compatibility and to
minimize potential adverse impacts on nearby uses, including but not
limited to time and frequency of operation, limitations on signs and
other attention-attracting devices, temporary arrangements for parking
and traffic circulation, requirements for screening/buffering and
guarantees for site restoration and cleanup following the special
event. These conditions may include, but shall not be limited to:
[a]
Modifications or restrictions to
the hours of operation, duration of the event(s), size of the activity
or other operational characteristics.
[b]
The posting of a performance bond
to help ensure that the operation of the event and subsequent restoration
of the site are conducted according to required performance standards
and County Board stipulations.
[c]
If the permit applicant requests
the County to provide extraordinary services or equipment or if the
Director of Building and Zoning otherwise determines that extraordinary
services (e.g., traffic control or security personnel) or equipment
should be provided to protect the public health or safety, the applicant
shall be required to pay to the County a fee sufficient to reimburse
the County for the costs of these services if not provided by the
applicant. This requirement shall not apply if the event has been
anticipated in the budget process and sufficient funds have been included
in the budget to cover the costs incurred.
(4)
Garage or porch sales. The sale of used or secondhand
merchandise shall be permitted on any lot where a single-family residential
dwelling is the principal use, provided that such garage or porch
sale shall not exceed three consecutive days in duration, nor occur
more than twice during a twelve-month period at one residence.
NN.
Transitional living center. Transitional living centers
shall be subject to the following standards:
(1)
Size. No more than 10 persons, including staff,
shall reside in the center at one time.
(2)
Separation. No transitional living center shall
be located within 1,500 feet of any other transitional living center
or substance abuse treatment facility, nor shall a transitional living
center be located within 300 feet of any religious assembly, school
or R-1 or R-2 zoned property.
OO.
Utility, major (if not a regional pollution control facility or otherwise exempted in Article I of these regulations).
(1)
Major utilities that are not regional pollution control facilities or otherwise exempted in Article I of these regulations shall not be located within 200 feet of a boundary line of an R-1 or R-2 District.
(2)
However, WECS shall also conform to the following requirements:
[Amended 6-18-2002; 3-15-2005; 11-15-2016]
(a)
No building or tower that is part of a WECS shall encroach onto
any recorded easement prohibiting the use of said easement unless
the grantees of the easement have given their approval.
(b)
Any WECS located in a special flood hazard area or wetland shall
comply with the requirements of the FP Floodplain Overlay District
and Illinois Department of Natural Resources.
(c)
A tower that is part of a WECS shall require engineering certified
by a professional engineer.
(d)
Documentation, approved by the Director of Building and Zoning,
shall be provided which verifies that the site and design are acceptable
to the FAA.
(e)
A WECS may be located on the same lot as one or more structures
or uses.
(f)
WECS development plan and site area shall include the information
required by the Director of Building and Zoning which may include,
but need not be limited to:
[1]
A general description of the project, including its approximate
name plate generating capacity; the potential equipment manufacturers,
types of WECS, number of WECS, and name plate generating capacity
of each WECS; and the maximum height of the WECS towers;
[2]
The location of the project;
[3]
A description of the applicant, WECS owner and wind project
operator, including their respective business structures;
[4]
The names and addresses of the applicants, WECS owner, operator
of the project, and a list of all property owners that have entered
into easement, leases, or any other agreements with the applicant
related to the WECS;
[5]
A site plan for the installation of WECS showing the planned
location of each WECS tower, guy lines and anchor bases, property
lines (including identification of adjoining properties), public roads,
substations, and the location of any construction staging areas;
[6]
All required studies, reports, certification, and approvals
demonstrating compliance with the provisions of this article; and
[7]
A copy of any agreements between the owner or operator of the
project and any state or federal agency governing any construction
mitigation activities or requirements.
(g)
Design and installation.
[1]
Design safety certification.
[a]
WECS 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 Loyd Wind Energic (GL), TUV Nord,
or an equivalent third party. Collection lines connecting the towers,
substations, etc., shall be placed underground where practical.
[b]
Following the granting of special use permit approval
under this chapter, a professional engineer shall certify, as part
of the building permit application, that the foundation and tower
design of the WECS is within accepted professional standards, given
local soil and climate conditions.
[2]
Controls and brakes. Braking system shall conform to applicable
local, state, and national codes, and relevant national and international
standards.
[3]
Color. Towers and blades shall be painted a nonreflective, unobtrusive
color that mitigates the visual impact of the structure. No advertisement
shall be visible on the blades or tower.
[4]
Compliance with the Federal Aviation Administration. The applicant
for the WECS shall comply with all applicable Federal Aviation Administration
(FAA) requirements.
[5]
Warnings.
[a]
A reasonably visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
[b]
Visible, reflective, colored objects, such as flags,
reflectors, or tape shall be placed on the anchor points of guy wires
and along the guy wires up to a height of 15 feet from the ground.
[6]
Crop dusting. WECS towers should be located to minimize interference
with crop dusting landing strips in the area.
[7]
Climb prevention. All WECS towers must be externally unclimbable
by design or protected by anticlimbing devices.
(h)
Setbacks.
[Amended 5-11-2023]
[1]
All WECS towers shall be set back 2.1 times the maximum blade
tip height from any occupied community buildings and nonparticipating
residences. The distance for these setbacks shall be measured from
the nearest point on the outside wall of the occupied community building
or nonparticipating residence to the center of the WECS tower foundation.
[2]
All WECS towers shall be set back 1.1 times the maximum blade tip
height from any participating residences. The distance for this setback
shall be measured from the nearest point on the outside wall of the
structure to the center of the WECS tower foundation.
[3]
All WECS towers shall be set back a distance of at least 1.1
times the maximum blade tip height from public roads, transmission
lines, and communication towers. The distance for these setbacks shall
be measured from center point of the public road right-of-way and
the nearest edge of the property line, easement or right-of-way containing
the overhead line respectively to the center of the WECS tower foundation.
[4]
All WECS towers shall be set back a distance of at least 1.1
times the maximum blade tip height from nonparticipating property
boundary lines, as measured from the nearest point of the property
line of the nonparticipating property to the center of the tower foundation.
[5]
All WECS towers shall be set back a distance of at least 2.1 times
the maximum blade tip height from Fish and Wildlife Areas and Illinois
Nature Preserve Commission Protected Lands. The distance for this
setback shall be measured from the nearest point on the property line
of the fish and wildlife area or protected land to the center of the
tower foundation.
[6]
The above setback requirements may be waived subject to the written
consent of the owner of each affected nonparticipating property.
[7]
An incorporated village or municipality must approve of the
location of any WECS tower to be located within 1.5 miles of the corporate
limits of such incorporated village or municipality.
[8]
No part of a WECS tower or foundation shall encroach on a public
or private sewage disposal (septic) system.
(i)
Use of public roads.
[1]
An applicant, WECS owner, or wind project operator proposing
to use any County, township or municipal road, for the purpose of
transporting and installation of WECS or substation parts and/or equipment
for construction, operation, or maintenance of the WECS or substations,
shall:
[2]
To the extent an applicant, WECS owner, or wind project operator
must obtain an over weight or over size permit from the County, municipality
or township, the applicant, WECS owner, or operator shall enter into
a road use agreement with agencies having jurisdiction of the roads
to be used for the construction, operation, and maintenance of the
WECS, which shall include at a minimum the following:
[a]
Conduct a preconstruction baseline survey to determine
existing road conditions for assessing potential future damage;
[b]
Secure financial assurance, in a reasonable amount
agreed to by the relevant parties, for the purpose of repairing any
damage to public roads caused by constructing, operating or maintaining
the WECS; and
[c]
Provide the Director of Building and Zoning with
signed copy of any agreements pertaining to the use of public roads.
(k)
Lighting. Lighting shall be installed for security and safety
purposes only. Except with respect to lighting required by the FCC
or FAA, all lighting shall be shielded so that no glare extends substantially
beyond the boundaries of a facility.
(l)
Agricultural and residential impact mitigation. All impacted
land must be remediated pursuant to the terms of any applicable agreements.
Furthermore, such remediation shall include measures which repair
field tile, septic fields and residential drain tile damaged in a
field, pasture, meadow, yard or other land tract and/or under public
or private roads during construction of the WECS. Applicants, WECS
owners and operators must take steps toward erosion and sediment control
as required by the Director of Building and Zoning and provide remediation
when notified to do so by the Director of Building and Zoning.
[Amended 3-10-2022]
(m)
Operation.
[1]
Interference.
[a]
The applicant shall provide a microwave beam path
analysis, telecommunications analysis and a land use planning report.
To the extent that the providers in this subsection demonstrate a
likelihood of interference with its communications resulting from
the WECS, the applicant shall take measures to mitigate such anticipated
interference. The WECS owner or wind project operator must rectify
any complaint related to the above-mentioned interference. The wind
project owner or operator is not required to rectify complaints that
are not likely caused by the wind project as supported by studies
or other professional evidence as determined by the Director of Building
and Zoning.
[b]
The applicant shall rectify any television and
internet connection problems in the project area and return them to
at least the level of service that occurred before the WECS towers
were installed. The wind project owner or operator is not required
to rectify complaints that are not likely caused by the wind project
as supported by studies or other professional evidence as determined
by the Director of Building and Zoning.
[2]
Coordination with local fire department.
[a]
The applicant, owner or wind project operator shall
submit to the local fire department a copy of the site plan. Upon
request by the local fire department, the owner or wind project operator
shall cooperate with the local fire department to develop the fire
department's emergency response plan.
[b]
Nothing in this section shall alleviate the need
to comply with all other applicable fire laws and regulations.
[c]
The applicant shall appropriately demonstrate to the County
through industry standard computer modeling that no occupied community
building or nonparticipating residence will experience more than 30
hours per year of shadow flicker under planned operating conditions.
[Added 5-11-2023]
(n)
Noise levels. Noise levels from each WECS shall be in compliance
with applicable state pollution control board (IPCB) regulations.
The applicant, through the use of a qualified professional as part
of the siting approval application process, shall appropriately demonstrate
compliance with the noise requirements of this section.
(o)
Wildlife requirements.
[1]
Pre-siting study, addressing all relevant species, submitted
to the Illinois Department of Natural Resources (IDNR) and U.S. Fish
and Wildlife Service (USFWS);
[2]
Required implementation of IDNR/USFWS recommendations based
on pre-siting study results, unless credible evidence is presented
against the recommendation;
[3]
Post-siting study, addressing all relevant species, submitted
to IDNR/USFWS; and
[4]
Required implementation of IDNR/USFWS recommendations based
on post-siting study results, unless credible evidence is presented
against the recommendation.
(p)
Decommissioning plan.
[1]
Prior to receiving special use permit approval under this article,
the applicant, owner, and/or wind project operator must formulate
a decommissioning plan to ensure that the WECS project is properly
decommissioned. In addition to complying with all other state and
federal decommissioning laws and/or agreements with any state or federal
agency, the decommissioning plan shall include:
[a]
Provisions describing the triggering events for
decommissioning the WECS project;
[b]
Provisions for the removal of structures and debris;
[c]
Provisions for the restoration of the soil and
vegetation;
[d]
An estimate of the decommissioning costs certified
by a professional engineer;
[e]
Financial assurance, secured by the WECS owner
or wind project operator, for the purpose of adequately performing
decommissioning. The applicant shall set up an escrow account as a
decommissioning fund consistent with AIMA, shall remove the project
infrastructure, restore the leased premises to its original condition,
and remove the foundation pedestal to 40 inches below grade following
the project's useful life according to the decommissioning plan as
submitted with this application; and
[Amended 5-11-2023]
[f]
A provision that the terms of the decommissioning
plan shall be binding upon the owner or wind project operator and
any of his successors, assigns, or heirs.
[g]
The decommissioning cost estimate will be reviewed and revised
by the facility owner at least after the tenth year of operation and
each five years thereafter.
[Added 5-11-2023]
(3)
The following standards shall apply to a commercial solar energy
generating facility:
[Added 6-16-2015; amended 5-11-2023]
(a)
Setbacks.
[1]
All commercial solar energy generating facilities must be set back
at least 150 feet from the nearest point on the outside wall of any
occupied community buildings and dwellings on nonparticipating properties.
[2]
All commercial solar energy generating facilities must be set back
at least 50 feet from the nearest edge of public road rights-of-way
and the nearest point on the property line of nonparticipating properties.
[3]
The above setback requirements may be waived subject to the written
consent of the owner of each affected nonparticipating property.
(b)
Lighting shall be installed for security and safety purposes
only. Except with respect to lighting required by the FCC or FAA,
all lighting shall be shielded so that no glare extends substantially
beyond the boundaries of a facility.
(c)
An erosion control plan shall be provided.
(d)
A stormwater management plan shall be provided.
(e)
All areas occupied by the facility that are not utilized for
access to operate and maintain the installation shall be planted and
maintained with a native shade-tolerant grass or other vegetation
for the purpose of soil stabilization or other methods approved by
the Director of Building and Zoning.
(f)
Solar panels shall require construction permits from the Department
of Building and Zoning. Solar panels that are part of a commercial
solar energy generating facility shall require engineering certified
by a registered engineer or other certified professional before an
occupancy permit will be issued.
[Amended 5-11-2023]
(g)
If a facility ceases to produce electricity on a continuous
basis for 24 months, the equipment must be removed, and the site restored
to original condition.
(h)
The facility shall provide approval for access points and change
in access use from the road authority.
(i)
The facility owner shall provide a decommissioning plan consistent
with AIMA. Security financing must be in the form of a cash escrow.
The decommissioning cost estimate will be reviewed and revised by
the facility owner at least after the 10th year of operation and each
five years thereafter. For deconstruction, all infrastructure needs
to be removed to a depth of five feet, and all panel support posts
need to be removed entirely.
[Added 11-20-2018; amended 5-11-2023]
(j)
The facility owner must provide an Agricultural Impact Mitigation
Agreement signed by the facility owner and the Illinois Department
of Agriculture prior to the issuance of a permit to construct from
the County, and must certify that it will comply with all of the terms
of the agreement.
[Added 11-20-2018; amended 5-11-2023]
PP.
Vehicle/Equipment sales, vehicle/equipment storage
yards and vehicle paint and body shop, vehicle repair. All vehicle
and equipment storage areas and parking areas must be hard-surfaced
and dustfree. Vehicle repair in the C Commercial District shall be
limited to vehicles that do not exceed 1 1/2 tons.
QQ.
Facility of a telecommunications carrier. These provisions
shall not abridge any rights created by authority confirmed in the
Federal Telecommunications Act of 1996, P.L. 104-104.
(1)
In designing a facility, a telecommunications
carrier shall consider the following guidelines:
(a)
No building or tower that is part of a facility
should encroach onto any recorded easement prohibiting the encroachment
unless the grantees of the easement have given their approval.
(b)
Lighting shall be installed for security and
safety purposes only. Except with respect to lighting required by
the Federal Aviation Administration or the Federal Communications
Commission, all lighting should be shielded so that no glare extends
substantially beyond the boundaries of the facility.
(c)
No facility shall encroach on an existing septic
field.
(d)
Any facility located in a special flood hazard
area or wetlands should meet the legal requirements for those lands.
(e)
Existing trees more than three inches in diameter
should be preserved if reasonably feasible during construction. If
any tree more than three inches in diameter is removed during construction,
a tree three inches or more in diameter shall be planted as a replacement
if reasonably feasible.
(f)
If any elevation of a facility faces an existing
residential use in a residential zoning district, landscaping should
be provided on or near the facility lot to provide at least partial
screening of the facility. The quantity and type of landscaping should
be in accordance with any other County landscaping requirements.
(g)
Fencing should be installed around the facility.
The height and materials should comply with any other County fence
regulations.
(h)
Any building that is part of the facility located
adjacent to a residentially zoned lot should be designed with exterior
colors and materials reasonably compatible with the residential character
of that area.
(2)
In choosing an area a location for a facility,
a telecommunications carrier shall consider the following:
(a)
A nonresidentially zoned lot is the most desirable
location.
(b)
A residentially zoned lot that is not used for
residential purposes is the second most desirable location.
(c)
A residentially zoned lot that is two acres
or more in area and is used for residential purposes is the third
most desirable location.
(d)
A residentially zoned lot less than two acres
in area and used for residential purposes is the least desirable location.
(3)
The following provisions shall apply to all
facilities established after the effective date of the amendatory
Act of 1997:
(a)
Except as governed in this subsection, no yard
or setback regulations shall apply to or be required for a facility.
(b)
A facility may be located on the same lot as
one or more structures or uses.
(c)
No minimum lot area, width or depth shall be
required for a facility. No parking spaces shall be required unless
the facility is used on a regular, daily basis. If it is used on a
regular, daily basis, one off-street parking space shall be provided
for each employee regularly working at the facility.
(d)
No portion of the facility's supporting structure
or equipment housing shall be less than 15 feet from the front line
of the lot or 10 feet from any other lot line.
(e)
Except as provided in this subsection, no height
limits, bulk regulations, lot coverage, building coverage or floor
area limitations shall apply to the facility.
(f)
The County's review of the construction permit
application for a facility shall be completed within 30 days. If a
decision by the County Board is required to permit the establishment
of a facility, the County's review of the construction permit application
shall be simultaneous with the process leading to the County Board's
decision.
[Amended 2-17-2015]
(g)
The improvements and equipment comprising the
facility may be freestanding or wholly or partly attached to or enclosed
within a structure or structures.
(4)
The following provisions shall apply to all
facilities established after April 21, 1998:
(a)
A facility is permitted if its supporting structure
is a qualifying structure or if the following conditions are met:
[1]
The height of the facility shall not exceed
350 feet, except if the facility is located within 1 1/2 miles
of the corporate limits of a municipality with a population of 25,000
or more, the height of the facility shall not exceed 200 feet.
[2]
The horizontal separation distance to the nearest
residence shall not be less than the height of the supporting structure;
except that if the supporting structure exceeds 99 feet in height,
the horizontal separation distance to the nearest residence shall
be at least 100 feet or 80% of the height of the supporting structure,
whichever is greater. If the supporting structure is not an antenna
tower, this subsection is satisfied.
(b)
Unless a facility is a qualifying structure or meets the preceding Subsection QQ(4)(a)[1] and [2], a facility must receive County Board approval. If the County Board fails to act on a complete application within 75 days of submission, the application shall be deemed to have been approved. Approval requires a majority of the County Board members present at the meeting. No more than one public hearing shall be required. The following siting considerations shall be considered by the body conducting the public hearing:
[2]
Whether a substantial adverse effect on public
safety will result from some aspect of the facility's design or proposed
construction, but only if that aspect of design or construction is
modifiable by the applicant;
[3]
The benefits derived by the users of the services
to be provided or enhanced by the establishment of the facility;
[4]
The existing uses on adjacent and nearby properties;
and
[5]
The extent to which the design of the proposed
facility reflects compliance with this chapter.
RR.
Rural home-based off-premises business. Rural home-based
off-premises businesses on a lot no less than 40 acres in area are
subject to the following standards and stipulations:
[Added 2-20-2001]
(1)
Employment at the site of the special use may
include any persons who are bona fide residents of the single-family
dwelling located on such site and not more than four other persons
who are not bona fide residents of such single-family dwelling.
[Amended 5-19-2020]
(2)
Such home-based off-premises business shall
not be established in any subdivision used for residential purposes
which contains more than one lot.
(3)
Such home-based off-premises business shall
not create additional traffic congestion on the public streets and
highways, and any motor vehicles used in the operation of such home-based
off-premises business shall not exceed the official weight limits
on the public streets and highways which provide access to the site
of such special use. The applicant for the special use shall provide
a certified listing of the gross weights of all equipment and motor
vehicles used in the operation of such home-based off-premises business
at the time of the filing of the special use application with the
County.
(4)
Any and all equipment, materials and supplies
used in the operation of such home-based off-premises business, if
stored on the site of the special use, shall be stored within not
more than one completely enclosed accessory storage building with
a floor area not in excess of 5,000 square feet and/or within an outdoor
area not in excess of one acre. An office for such home-based off-premises
business may also be located within such completely enclosed accessory
storage building.
(5)
No more than 25% of the ground floor area and
not more than 50% of the basement of the single-family dwelling on
the site of such special use shall be used for the operation of such
special use.
(6)
Retail sales and/or wholesale sales shall be
prohibited on the site of such special use.
(7)
No more than one home-based off-premises business
shall be permitted to operate from any one tract of land.
(8)
Such home-based off-premises business shall
produce no offensive noise, vibration, smoke, electrical interference,
dust, odors, or heat on the site of such special use.
(9)
Such home-based off-premises business shall
not exhibit any outward evidence of such use other than one nameplate
not to exceed two square feet in area and attached to the single-family
dwelling located on the site of such special use.
(10)
If such home-based off-premises business use
of the site of the special use is discontinued for a continuous period
of 180 days or more, the special use for such home-based off-premises
business shall become void and of no legal effect as though it was
not granted.
SS.
Freight terminal and trucking facility. The following
standards shall apply to all freight terminals and trucking facilities:
[Amended 6-18-2002]
(1)
Motor vehicles and equipment used in the operation
of such a facility shall not exceed the official weight limits on
the public streets and highways which provide access to the site of
the facility. The permit applicant shall provide a certified listing
of the gross weights of all equipment and motor vehicles used in the
operation of the facility.
(2)
Such facility shall be located at least 300
feet from any R-1 or R-2 Zoning District.
(3)
Driveways, parking lots and vehicle and equipment
storage areas shall be graded and paved with asphalt, concrete, or
other hard-surface materials as approved by the County Engineer.
(4)
Lighting shall be installed for safety and security
purposes only. All lighting shall be shielded so that no glare extends
substantially beyond the boundaries of a facility.
TT.
Warehouse, self-storage. The following standards shall
apply to all warehouse self-storage facilities:
[Amended 6-18-2002]
(1)
All self-storage facilities shall be limited
to the rental of storage bays and the pickup and deposit of goods
or property in dead storage.
(2)
Use of storage bays shall be limited to storage
of personal goods.
(3)
Storage bays shall not be used to manufacture,
fabricate or process goods; service or repair vehicles, boats, small
engines, or electrical equipment or to conduct similar repair activities;
conduct garage sales or retail sales of any kind; or to conduct any
other commercial or industrial activity on the site.
(4)
Individual storage bays or private postal boxes
within a self-storage facility shall not be considered premises for
the purposes of assigning a legal address in order to obtain an occupational
license or other governmental permit or license to do business nor
as a legal address for residential purposes.
(5)
Outside accessory storage of recreational vehicles
(RVs) and boats is allowed on graveled or hard-surfaced parking areas
if shown on an approved site plan and if clearly designated on the
ground but shall not exceed 20% of the lot area.
[Amended 6-17-2008]
UU.
Kennel. The following standards shall apply to all
kennel facilities:
[Amended 6-17-2008]
(1)
All outdoor areas for animals, including animal
runs and animal exercise yards, shall be at least 600 feet from any
lot in the R-1 or R-2 District, or at least 600 feet away from a lot
containing a dwelling as the principal use.
(2)
Minimum fencing requirement. Outdoor areas for
animals shall be fenced at least six feet in height and shall meet
the yard requirements of accessory structures.
(3)
Kennels shall obtain the necessary permit(s)
from the Illinois Department of Agriculture (IDOA).
(4)
Handicap parking requirement. At least one handicap
parking space shall be provided.
VV.
Public stable. The following standards shall apply
to all public stable facilities:
[Amended 6-17-2008]
(1)
The maximum limit of horses shall be no more
than two horses per acre of land used for stable purposes.
(2)
Public stables shall be accessory to an existing
single-family residence or a farm as defined herein.
(3)
Handicap parking requirement. At least one handicap
parking space shall be provided.
WW.
Agricultural tourism. The following standards shall
apply to all agricultural tourism facilities:
[Amended 9-19-2006; 6-17-2014]
(1)
Minimum acres: a minimum of 40 acres of land.
(2)
Parking requirement: Adequate off-street parking, approved by
the Director of Building and Zoning, shall be provided. At least one
handicap parking space shall be provided with the remainder of nonhandicap
parking not required to be paved. If determined necessary by the Director
of Building and Zoning, additional handicap parking shall be provided.
(3)
Food sales/service, wastewater/sewage disposal and potable water
supplies shall meet the requirements of the County Health Department.
(4)
Facility shall provide approval for access points and change
in access use from the road authority.
(5)
Facility shall be located at least 1,000 feet from the R-1 and
R-2 Districts.
XX.
Small wind energy system. 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 restrictions:
[Amended 6-17-2008]
(1)
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.
(2)
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.
(3)
Construction 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.
[Amended 2-17-2015]
(4)
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. The applicant has the responsibility of determining
the applicable FAA regulations and securing the necessary approvals.
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 construction permit application. Copies
of letters must be included in the construction 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.
[Amended 2-17-2015]
(5)
Local utility company notification. If a small
wind energy system is to be connected to the electricity grid, the
applicant shall notify the electric utility service provider that
serves the proposed site of his intent to install an interconnected
customer-owned electricity generator no later than five business days
prior to submitting a construction permit application. Copies of letters
must be included in the construction permit application.
[Amended 2-17-2015]
(6)
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.
(7)
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 being notified
of the problem.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
Tower: the upright portion of a small wind energy
system to which the primary generator devices are attached.
(13)
System height shall be measured from height
above grade of the highest point of the arc of the blades and shall
be limited as follows:
A, C, M-1 and M-2 Districts
|
R-1 and R-2 Districts
| ||
---|---|---|---|
Acreage
(acres)
|
Height
(feet)
|
Height
(feet)
| |
0.99 or less
|
50
|
50
| |
1 to 1.99
|
65
|
65
| |
2 to 4.99
|
80
|
80
| |
5 or more
|
150
|
80
|
YY.
Winery. The following standards shall apply to wineries
in the Agriculture District:
[Amended 6-17-2008]
(1)
Minimum parcel size in acres: a minimum of 6.5
acres of land.
(2)
Minimum wine-producing acres: a minimum of four
acres of wine grapes are planted and capable of producing a crop.
(3)
Parking requirement: a minimum of three paved
parking spaces.
(4)
Handicap parking requirement. At least one handicap
parking space must be provided.
(5)
Shall be accessory to an existing single-family
residence or a farm as defined herein.
(6)
Setbacks. All production facilities, tasting
facilities, and outdoor use areas, excluding parking lots, shall be
a minimum of 50 feet from all property lines.
(7)
Tasting facilities. The tasting facility shall
be clearly related and subordinate to the primary operation of the
winery. The primary focus of the tasting facility shall be the marketing
and sale of the wine and grape products produced at the winery. Incidental
sales of wine-related merchandise and food shall be allowed.
(8)
Retail sales of wine fruit products shall be
limited to those produced, vented, cellared, or bottled by the winery
operator or grown on the winery premises or custom crushed at another
facility for the wine operator.
(9)
Uses for receptions, clubs or conventions are
not allowed, except a reception area may be approved by special use,
provided a vineyard is established on the property and provided that
if the vineyard or winery no longer functions on the property, such
receptions shall no longer be allowed on the property.
[Amended 1-19-2010]
ZZ.
Brewery/distillery.
The following standards shall apply:
[Added 6-16-2015]
(1)
All structures, outdoor use areas, or loading areas shall be
located at least 100 feet from an R-1 or R-2 District or any lot containing
a dwelling as a principal use.
(2)
No loading or distribution activities shall take place outside
of an enclosed building between the hours of 9:00 p.m. and 7:00 a.m.
when a building is located within 500 feet of an R-1 or R-2 District
or any lot containing a dwelling as a principal use.
(3)
No outdoor amplified sound will be permitted after 11:00 p.m.
within 500 feet of an R-1 or R-2 District or any lot containing a
dwelling as a principal use.
(4)
Food sales/service, wastewater/sewage disposal and potable water
supplies shall meet the requirements of the County Health Department.
(5)
The facility shall provide approval for access points and change
in access use from the road authority.
(6)
The facility shall meet the performance standards of the Zoning
Ordinance. No use or activity shall create any amount of noise that
is in violation of the applicable standards and regulations governing
noise levels specified by the Illinois Environmental Protection Agency.
AAA.
Facilities
accepting exclusively general construction or demolition debris for
transfer, storage, or treatment. The following standards shall apply:
[Added 6-16-2015]
(1)
Screening. The operation shall be conducted wholly within a
building or within an area screened by a fence or wall as follows:
The fence or wall shall be at least eight feet in height, shall be
of uniform height, shall be installed so as to ensure maximum safety
to the public, and shall obscure construction or demolition debris
or equipment from normal view of the public, as approved by the Director
of Building and Zoning.
(2)
All structures shall be located at least 100 feet from an R-1
or R-2 District or any lot containing a dwelling as a principal use.
(3)
All structures where treatment of construction or demolition
debris takes place shall be located at least 300 feet from an R-1
or R-2 District or any lot containing a dwelling as a principal use.
(4)
Paving and dust control. Fifty feet of driveways from a public
road shall be paved with an approved concrete or asphalt/concrete
surface so as to limit adjoining lots and public roads from the nuisance
caused by wind-borne dust or mud on a public road. All roads, driveways,
parking lots and loading and unloading areas not required to be paved
shall be kept in a reasonably dust/mud-free condition, using application
of dust inhibitors or mud removal, if necessary, so as to limit the
nuisance caused by wind-borne dust or mud from adjoining lots and
public roads. The operator shall be required to provide additional
dust control, and possibly paving, if requested to do so by the Director
of Building and Zoning.
(5)
Stormwater management. A stormwater management plan shall be
provided.
(6)
Wastewater/sewage disposal and potable water supplies shall
meet the requirements of the County Health Department.
(7)
The facility shall provide approval for access points and change
in access use from the road authority.
(9)
A firesafety plan approved by the appropriate fire district
authority shall be provided.
(10)
The facility shall meet the performance standards of the Zoning
Ordinance. No use or activity shall create any amount of noise that
is in violation of the applicable standards and regulations governing
noise levels specified by the Illinois Environmental Protection Agency.
BBB.
Rural
specialty facility. The following standards shall apply to all rural
specialty facilities:
[Added 2-21-2017]
(1)
No property shall be used as a rural specialty facility unless the owner has completed an agricultural nuisance disclaimer in accordance with § 350-35B.
(2)
A rural specialty facility shall be accessory to a residential use
on a property.
(3)
Only the ground floor of existing barns or buildings can be used
unless certified by an architect or engineer licensed in the State
of Illinois; new buildings will need to meet building code requirements.
(4)
Rural specialty facilities shall be located at least 400 feet, but
no more than 2,500 feet, from any R-1 or R-2 Zoning District.
(5)
Rural specialty facilities shall be located within a reasonable distance
from arterial or collector roads to allow proper access by the public,
emergency personnel and administrative representatives charged with
monitoring activities engaged thereon.
(6)
Citizens participating in activities at rural specialty facilities
shall be limited in number to an amount appropriate given the size,
nature and unique specifications of the property and facility.
(7)
Hours of operation for activities at rural specialty facilities shall
be limited to appropriate days and times given the nature of the activities
and unique specifications of the property and facility.
(8)
Handicap parking requirement. At least one handicap parking space
shall be provided, with the remainder of parking not required to be
paved.
(9)
Food sales/service, waste water/sewage disposal and potable water
supplies shall meet the requirements of the County Health Department.
(10)
No person may be in possession of or consume any alcoholic beverage
on the property unless the alcoholic beverage is provided by an individual
or entity who holds a Class A, B, E, F or G McLean County liquor license
issued by the McLean County Liquor Commission. There shall be no package
sales of alcohol regardless of whether the class of license issued
authorizes the package sale of alcohol.
(11)
No property shall be used as a rural specialty facility unless first
receiving approval from the applicable road authority.
(12)
No property shall be used as a rural specialty facility unless proper
off-street parking can be provided. On-street parking is prohibited
at rural specialty facilities.
CCC.
Cannabis cultivation center. Cannot locate closer than 1,000 feet
from the lot line of school grounds, a playground, a public park,
a house of worship, a public library, a day-care center or from a
lot for which the principal use is a residence. Lighting shall be
restricted from passing through the side walls and roofs at night.
Parking lot lighting shall be directed on site with spillover limited
from entering neighboring properties. A cannabis business shall notify
the Director of Building and Zoning within 30 days of receiving a
state license for a cannabis business.
[Added 1-21-2020]
DDD.
Cannabis businesses other than cannabis cultivation centers. Cannot
locate closer than 500 feet from the lot line of school grounds, a
playground, a public park, a house of worship, a public library, a
day-care center or from a lot for which the principal use is a residence.
Lighting for craft grower facilities shall be restricted from passing
through the side walls and roofs at night. Parking lot lighting shall
be directed on site with spillover limited from entering neighboring
properties. A cannabis business shall notify the Director of Building
and Zoning within 30 days of receiving a state license for a cannabis
business.
[Added 1-21-2020]
EEE.
Boat sales and service facility. Shall be located within 1.5 miles
of a lake or water impoundment of at least 40 acres in area. New buildings
shall meet building code requirements. No property shall be used as
a boat sales and service facility unless first receiving approval
from the applicable road authority. Boats and trailers on display
for sale are not required to be screened. All storage of other materials,
products or equipment shall be within a fully enclosed building or
in an open yard so screened in accordance with a site plan approved
by the Director of Building and Zoning that the materials stored are
not clearly visible from the public road. At least one handicap space
shall be provided, with the remainder of the parking not required
to be paved.
[Added 3-26-2020]