McLean County, IL Article VI Use Regulations

§ 350-42 Use table.

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

§ 350-43 Use standards.

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.

(h) Signs as specified in Article X.

(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;

(g) Home occupations, subject to Subsection R of this section;

(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;

(k) Signs as specified in Article X;

(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:

[1] The proprietor of the principal use and his family; or

[2] One employee of the proprietor, which may include the family of the employee.

(l) Recycling collection stations, subject to the provisions of Subsection A(5) of this section;

(m) Signs as specified in Article X;

(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.

C. (Reserved)[1]

[1] Editor's Note: Former Subsection 3, Standard for agricultural processing/sales, was repealed 2-20-2001.

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.

(2) Access. Access to an asphalt plant shall only be from an arterial or collector road.[2]

[2] Editor's Note: Former Subsection D(3), regarding agricultural processing and agricultural sales and service, was repealed 2-20-2001.

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.

(10) The operator of the establishment shall obtain certification from the State Fire Marshal that the proposed bed-and-breakfast establishment meets the requirements of Section 6 of the State of Illinois Bed and Breakfast Act.[3]

[3] Editor's Note: See 50 ILCS 820/6.

(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

(2) The camp is located outside of a designated growth area on soils that are not identified as "Prime" or "Important" in the Land Evaluation Soil Groups in § 350-89.

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

(b) The camp is located outside of a designated growth area on soils that are not identified as "Prime" or "Important" in the Land Evaluation Soil Groups in § 350-89.

(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.

(2) Day-care home. Each day-care home shall be conducted in a single-family or two-family dwelling unit that is occupied as a permanent residence by the day-care provider. The use will be considered a home occupation and shall be subject to the home occupation provisions of this article.[4]

[4] Editor's Note: See Subsection R below.

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:

(1) Within the Agriculture District, a minimum of 60% of the plant materials and garden crops that are for sale shall be grown on the property.

(2) Greenhouses and nurseries shall not be located within 150 feet of an existing R-1 or R-2 Zoning District boundary line.

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) Separation distance.

(a) The location of the portion of the site where active biological decomposition of the landscape waste is taking place shall not be located less than 500 feet from the following:

[1] A lot line of any lot containing a residence.

[2] A boundary line of an R-1 or R-2 District.

(b) The location of all operations of such landscape waste composting facility shall be outside the boundary of any special flood hazard area.

(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:

(1) Property development standards.

(a) Minimum park area: 10 acres.

(b) Maximum density: seven dwelling units per acre.

(c) Minimum perimeter setbacks: 40 feet.

[Amended 2-20-2001]

(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.

(1) Marinas and boat landing facilities may include the following accessory uses:

(a) Boat sales;

(b) Boat rental;

(c) Boat storage and repair;

(d) Sales and service of marine motors, boat parts and accessories; and

(e) Boat fuel sales.

(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:

(1) Natural features and environment. Each site should be designed to preserve natural features and environmental resources, such as:

(a) Floodplains and drainageways.

(b) Bodies of water.

(c) Prominent ridges.

(d) Existing tree cover, including tree masses, wind rows and significant individual trees.

(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:

(a) For efficiency units: 375 square feet.

(b) For one-bedroom units: 500 square feet.

(c) For two-bedroom units: 750 square feet.

(d) For three-bedroom units: 850 square feet.

(e) For a unit with four or more bedrooms: 950 square feet.

(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.

(a) Individual buildings. Individual buildings should be oriented in a way that establishes neighborhoods and subneighborhoods.

(b) Reduction of unusable open space. Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.

(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:

(1) Approval by the Illinois Capital Development Board.

(2) Upon issuance of a special use permit issued in accordance with the provisions of Article VIII, a group residential use may be allowed in conjunction with a school for the residency of students, faculty and other staff of the school.

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:

(1) The subdividing of a parent tract shall be subject to the provisions of § 350-35.

(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.

(4) In addition to the information specified in Article VIII to be submitted with the special use permit application, the following information shall also be submitted:

(a) Building plans sealed by a registered architect for the underground single-family dwelling.

(b) Sewage disposal plans approved by the McLean County Health Department.

(c) Final grading plan.

(d) Soil information and water table information for the site.

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.

(7) The design of all zero-lot-line single-family projects shall assure proper access and circulation in accordance with the design standards established in Chapter 317, Subdivision of Land.

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:

[a] Identify all such public roads; and

[b] Obtain applicable over weight and over size permits from relevant government agencies prior to such use.

[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.

(j) (Reserved)[5]

[5] Editor's Note: Subsection OO(2)(j), regarding height, was repealed 5-11-2023.

(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:

[1] The criteria in Subsection QQ(1) of this section;

[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.

(8) A tipping fee, as provided in Chapter 205 of this Code, shall be paid to the County.

(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]