[Amended 8-10-1993 by Ord. No. 93-09-194; 10-15-2008 by Ord. No.
08-10-1598]
The long-range goal for agricultural land use in Stephenson
County is to promote the use, conservation and preservation of agricultural
land for the growth and generation of food and agricultural commodities.
Among the goals of the agricultural zoning districts created by this
chapter is to protect the productive value of agricultural land and
to protect it from indiscriminate residential and urban development
and other incompatible and conflicting land uses; to conserve and
protect the value of open space, wooded areas, stream, mineral deposits,
and other natural and renewable resources and to protect them from
incompatible land uses, and to provide for their timely utilization;
to provide for the location and govern the establishment and use of
residential uses which are accessory to and necessary for the conduct
of agriculture, and to provide for the location and govern the establishment
and use of limited nonagricultural residential use. Such nonagriculture
residential uses shall not be so located as to be detrimental to or
conflict with other uses which are named as permitted or special uses
in this district and are appropriate to other property in the area.
A.
The A-1 Prime Agricultural District is established to protect land
best suited for the production of food and agricultural commodities,
and to prevent the conversion of agricultural land to nonfarm development
which, when unregulated, unnecessarily increases the cost of public
services to all citizens of the County and results in the premature
disinvestment of agricultural resources in Stephenson County.
B.
The A-2 General Agricultural District is established as a district
in which agriculture and related uses are encouraged as the principal
uses of land. This district is also designed to prevent the premature
end of agricultural pursuits, but permits the introduction of a limited
number of rural and urban types of uses.
[Amended 5-14-1973; 7-10-1973; 7-11-1989; 11-10-1992 by Ord. No. 92-11-187; 8-10-1993 by Ord. No.
93-08-194; 2-9-2000 by Ord. No. 00-03-248; 8-14-2002 by Ord. No. 02-19-267; 8-11-2004 by Ord. No.
04-26-239A; 10-15-2008 by Ord. No. 08-10-1598]
A.
Agricultural nuisance disclaimer. Properties within the Agricultural
District are located in an area where land is used for commercial
agricultural production. Owners, residents and other users of property
in the Agricultural 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 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, herbicides, and pesticides.
Therefore, owners, occupants, and users of property within the Agricultural
District should be prepared to accept such inconveniences, discomfort,
and possibility of injury from normal agricultural use, and are hereby
put on official notice that the Farm Nuisance Suit Act (740 ILCS70)
and case law may bar them from obtaining a legal judgment against
such normal agricultural operations.
B.
Permitted uses.
(1)
Farm. Any parcel of land composed of at least 40 contiguous acres, the principal use of which is agricultural as defined in § 400-6 of the Stephenson County Zoning Code. Buildings and structures used for agricultural purposes on such a parcel are not subject to the regulations of this chapter, except that buildings erected, and uses established, after the effective date of this chapter shall conform to applicable state, federal and local floodplain regulations in addition to the setback lines as herein regulated. Before a building or structure to be used for the pursuit of agriculture may be erected, the property owner or builder must first file with the Director of Planning and Zoning a plan or sketch showing the proposed location on the property of the building or structure to be erected.
(2)
Dwelling unit (farm): every farm dwelling unit hereafter erected on a tract of land defined as a "farm," pursuant to section § 400-6 of this chapter.
(3)
Home occupations.
(4)
Railroad rights-of-way and tracks.
(5)
Churches, chapels, temples, synagogues, convents, mosques, monasteries
and similar religious institutions including but not limited to dormitories.
(6)
Publicly controlled parks, forest preserves, conservation areas and
recreation areas, including trails.
(7)
Meteorological tower.
(8)
Telecommunications tower.
(9)
Small wind energy system with a setback from property lines of 110% of the height of the device and demonstrating compliance with standards and restrictions set forth in § 400-23.1 of this chapter.
(10)
Government service.
(11)
Cemeteries.
(12)
Crematories (human and animal) and mausoleums.
(13)
Accessory uses:
(a)
Uses, buildings and structures customarily accessory to the
pursuit of agricultural uses.
(b)
Seasonal roadside stands for the sale of produce, Christmas
trees and eggs produced on premises or in the region, but not including
live animals, provided that such stand shall have a building height
of less than 17 feet and no more than one story and a floor area of
not more than 600 square feet and located no nearer than 50 feet from
a road or highway right-of-way line. Each roadside stand shall have
facilities approved by the Director of Planning and Zoning and the
County Engineer for vehicular ingress and egress and adequate off-street
parking. All seasonal stands will be required to apply for and receive
approval of a yearly administrative review. The applicant shall adhere
to requirements in the above subsection.
(c)
Uses, buildings, facilities and structures, accessory to all
permitted and special uses.
(14)
Residential uses:
(a)
Single-family nonfarm dwellings existing previous to the date
of adoption of this amendatory paragraph.
(b)
The conversion of farm dwellings to nonfarm dwellings, provided the prospective property owners receive an administrative residential special use permit from the Director of Planning and Zoning and certify by affidavit that they have read § 400-39A of this chapter, and provided said minor subdivision is approved (if applicable) by the plat officer, attach to the property deed said affidavit and present to the plat officer proof of recording. Lot area for converted farm dwellings shall be not less than two acres and lot width shall be at least 200 feet. Yard requirements shall be as set forth in the chapter.
(15)
Accessory structures associated with agricultural use, minimum
acreage required: 40.
C.
Any use not expressly permitted in this district is subject to the procedures and standards related to special uses under Article XIV of this chapter.
D.
Miscellaneous provisions. Unless a particular use is governed elsewhere
in this chapter by standards and restrictions specific to the use
in question, the following regulations have application to all permitted
and special uses within the district:
(1)
Lot area. Lot area shall be regulated herein for a specific permitted
or special use.
(2)
Lot width. Lot width shall not be less than 200 feet except as may
be otherwise regulated in this section.
(4)
Building setback line. Every building or structure erected or enlarged
shall provide and maintain a setback from the public street of 50
feet from the property line or 90 feet from the center line of the
right-of-way, whichever distance is greater.
(5)
Yards. Except as otherwise regulated herein for a specific permitted
or special use, yards shall be provided as follows:
(a)
Front yards: not less than 50 feet.
(b)
Side yards: not less than 30 feet for an interior side yard
and not less than 50 feet for a side yard adjoining a street.
(c)
Rear yards: not less than 50 feet, except that for a specific
special use such yard may be reduced or increased as required by the
County Board.
(6)
Electric, telephone (excluding cellular towers) substations and pumping
stations, sewage pumping stations or any public utilities shall require
a front yard of not less than 50 feet, interior side yards of not
less than 30 feet, side yards adjoining a street of not less than
50 feet and rear yards of not less than 40 feet.
(7)
Maximum floor area ratio. The maximum floor area ratio for permitted
uses, including accessory uses, shall not exceed 0.1.
(8)
The maximum floor area ratio for special use shall be established
at the time a special use permit is granted.
(9)
Dwelling standards. Every one-story dwelling erected in the A-1 Agricultural
District shall have a total ground floor area of not less than 750
square feet and a width of not less than 24 feet. A two-story dwelling
shall have a total floor area of not less than 1,200 square feet.
Square feet shall be measured from the outside of the exterior walls
including utility rooms but excluding basements, open porches, breezeways,
and garages. Enclosed space intended for habitable rooms which are
to be completed within a reasonable time will be considered in computing
such floor area.
[Amended 7-10-1973; 4-13-1976; 11-10-1992 by Ord. No. 92-11-187; 2-9-2000 by Ord. No.
00-03-248; 10-15-2008 by Ord. No. 08-10-1598]
A.
Permitted uses.
(1)
Farm. On a twenty-acre parcel of land, the principal use of which
is agriculture, buildings and structures used for agricultural purposes
on such land are not subject to the regulations of this chapter, except
that buildings erected, and uses established, after the effective
date of this chapter shall conform with applicable setback lines and
state, federal and local floodplain regulations as herein regulated.
Before a building or structure to be used for the pursuit of agriculture
may be erected, the property owner or builder must first file with
the Director of Planning and Zoning a plan or sketch showing the proposed
location on the property of the building or structure to be erected.
(2)
Cemeteries, including crematories (human and animal) and mausoleums
provided that such structures shall be located not less than 330 feet
from a lot line.
(3)
Churches, chapels, rectories, temples, mosques and synagogues.
(4)
Golf courses, regulation size not including "par-3" golf courses,
commercially operated driving ranges or miniature golf courses, and
provided that a clubhouse or accessory building shall be located not
less than 330 feet from a lot line.
(5)
Greenhouses, wholesale, and retail.
(6)
Home occupations.
(7)
Publicly controlled parks, forest preserves, conservation areas and
recreation areas, including trails.
(8)
Railroad rights-of-way and track.
(9)
Schools, public and private nonboarding, day or nursery, elementary,
junior high and public junior colleges.
(10)
All denomination religious institutions, including dormitories.
(11)
Single-family detached nonfarm dwellings on property that scores
less than 200 total points using the Land Evaluation Site Assessment
(LESA) system on a lot not less than two acres in area and 200 feet
in width.
(12)
Temporary buildings for construction purposes for a period not
to exceed such construction.
(13)
Small wind energy system with a setback from property lines of 110% of the height of the device and demonstrating compliance with standards and restrictions set forth in § 400-23.1 of this chapter.
(14)
Accessory uses:
(a)
Those customarily accessory to the pursuit of agriculture.
(b)
Seasonal roadside stands for the sale of produce, Christmas
trees and eggs produced on premises or in the region, but not including
live animals, provided that such stand shall have a building height
of less than 17 feet and no more than one story and a floor area of
not more than 600 square feet and located no nearer than 50 feet from
a road or highway right-of-way line. Each roadside stand shall have
facilities approved by the Director of Planning and Zoning and the
County Engineer for vehicular ingress and egress and adequate off-street
parking. Seasonal stands will be required to apply for and receive
approval of a yearly administrative special use. The applicant shall
adhere to requirements in the above subsection.
(c)
Uses, buildings, facilities and structures, accessory to all
permitted uses.
C.
Lot area: not less than two acres, except as may be otherwise regulated
in this section.
D.
Lot width: not less than 200 feet except as may be otherwise regulated
in this section.
E.
Floor area ratio, single-family nonfarm detached dwellings: not applicable.
Special use to be specified as part of the special use permit but
shall not exceed 0.3.
F.
Yards: as in the A-1 District.
[Amended 2-9-2000 by Ord. No. 00-03-248]
A.
Purpose. This district is created to protect the public health and to reduce the financial burdens imposed on the County, its governmental units and its individuals, which may result from improper use of lands having excessively high water tables or which are subject to frequent and periodic floods. The boundaries of this district shall be the highest water elevation established by the U.S. Army Engineer District in its report entitled "Survey Report for Flood Control on the Pecatonica River," revised February 14, 1962. As such lands are adequately drained or sufficiently protected from the risk of overflow, they may be removed from the Floodplain District and reclassified into an appropriate use district. Such determination and reclassification shall be made by the Stephenson County Zoning Board of Appeals in accordance with Article XIV.
B.
Permitted uses. The following uses are permitted:
(1)
Open type uses, such as loading and unloading areas, parking lots,
storage of motor vehicles (new and used) for not more than twenty-four-hour
periods, and garden auxiliary to uses permitted in any adjoining district.
(2)
Storage yards for equipment and materials in movable containers and
not subject to major damage by flood, provided such uses are permitted
in an adjoining district, but not including acids, caustics, flammable
liquids, trash, rags, bottles, scrap metal or any other materials
commonly referred to as "junk."
(3)
Publicly controlled parks, forest preserves, conservation area and
recreation areas, including trails, private recreational facilities,
such as golf clubs, golf driving ranges, drive-in theaters, recreational
lakes and other similar recreational use, and subject to all other
provisions of this chapter.
(4)
Fences shall be open-wire fences providing open space of at least
70%.
(5)
Planned single-family residential developments in unsubdivided areas
only, and single-family residences on lots of record prior to the
effective date of this chapter, subject to the following requirements:
(a)
All lots are served with a public or central sewerage system
approved by the County and the Illinois Sanitary Water Board.
(b)
All finished floors, including cellars, shall be at an elevation
of not less than five feet above the existing average bank elevation
of the property frontage along the Pecatonica River or three feet
above the floodwater elevation established above, whichever is higher.
D.
Conditions of use. In the F-1 Districts, the following conditions
of use shall pertain:
(1)
No filling of land shall be permitted except where approved by the
Zoning Board of Appeals and subject to such conditions as may be stipulated
to protect the public interest.
(2)
The natural drainage grade shall not be substantially altered.
(3)
Any structures permitted shall be placed on the lot so as to offer
the minimum obstruction to the flow of water and shall be firmly anchored
to prevent the structure from floating away and thus threatening to
further restrict bridge openings and other restricted sections of
the stream.
(4)
Where, in the opinion of the Zoning Board of Appeals, topographic
data, engineering and other studies are needed to determine the effects
of flooding on a proposed structure or the effect of the structure
on the flow of water, the Zoning Board of Appeals may require the
applicant to submit such data or other studies prepared by competent
engineers or other technicians.
(5)
All uses permitted shall be subject to approval of the Zoning Board
of Appeals and to such conditions as may be stipulated to protect
the public interest.
(6)
No basement or other floor shall be constructed below existing ground
level.
(7)
Planned single-family residential developments, where permitted,
shall contain adequate storm drainage or other facilities capable
of protecting the area from flooding.
(8)
All planned single-family residential developments shall be subject
to the final approval of the County Board and County Engineer that
all of the foregoing requirements of this section have been complied
with.
[Amended 8-10-2011 by Res. No. 11-08-1821]
(9)
No building or structure shall be erected and no existing building
or structure shall be moved unless the main-floor elevation of said
building or structure is established with a finished first-floor elevation
not less than three feet above the highest known flood elevation as
determined by the County Engineer.
E.
Floodplain fringe areas. Areas lying outside of and adjacent to the
floodplain districts, as shown on the Zoning Maps, shall be subject
to the following regulations:
(1)
No basement floor or other floor shall be constructed below or at
a lower elevation than the main floor.
(2)
Land may be filled within the floodplain fringe areas, provided such
fill shall extend at least 25 feet beyond the limits of any structure
erected thereon.
(3)
Foundations of all structures shall be designed to withstand flood
conditions at the site.
