A. 
Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
B. 
Relationship with other laws. Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.
C. 
Effect on existing agreements. This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.
A. 
Changes in structures or use. Except as may otherwise be provided in Article V, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
B. 
Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of this chapter may be continued, even though such building, structure or use does not conform to the provisions of this chapter for the district in which it is located; and whenever a district shall be changed hereafter, the then-existing lawful use may be continued, subject to the provisions of Article V, Nonconforming Buildings and Uses.
A. 
Use. No use of a building, structure or land shall hereafter be established or enlarged and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.
B. 
Bulk. Every new building or structure shall conform to the bulk regulations established herein for the district in which each such building or structure shall be located.
A. 
Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open spaces and the minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
B. 
Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. However, with respect to the resubdivision of improved zoning lots in the Business District, side yard requirements shall not apply between attached buildings.
C. 
Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D. 
Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
E. 
Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1) 
In all yards:
(a) 
Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
(b) 
Awnings and canopies projecting 10 feet or less into the yard.
[Amended 7-10-1973]
(c) 
Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
(d) 
Chimneys projecting 18 inches or less into the yard.
(e) 
Arbors, trellises, flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects.
(2) 
In front yards: one-story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yard.
(3) 
In rear yards: enclosed, attached or detached off-street parking spaces, open off-street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard. In any residential district, no accessory building shall be nearer than five feet to the side lot line or rear lot line, nor nearer than 10 feet to any principal building unattached.
(4) 
In side yards: overhanging eaves and gutters projecting into the yard for a distance not exceeding 40% of the required yard width, but in no case exceeding 30 inches.
(5) 
No fences except fences erected upon public or private school grounds; in public parks and public playgrounds; or around public utilities facilities shall be constructed of a height greater than three feet in the front yard or seven feet elsewhere; provided, however, that the County Board may, as a special use, authorize the construction of a fence higher than seven feet if it is determined by the County Board that the public welfare is served.
[Amended 11-14-2012 by Res. No. 12-11-1918]
(a) 
A property owner may install a fence within a dedicated easement at his or her own risk. In no case, however, shall a fence be constructed within a dedicated drainage easement.
F. 
Vision clearance on corner lots. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
(1) 
In any residence districts, exceeding a height of three feet above the street grade, within 25 feet of the intersecting street lines bordering corner lots; and
(2) 
In a business or manufacturing district, within 12 feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.
[Amended 2-10-1973; 2-14-1978]
A. 
Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which it is located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.
B. 
Sewage disposal. Every use which is to be served by a private sanitary sewage facility shall comply with the requirements of any existing Stephenson County ordinance.
Except as otherwise noted for in this chapter, every building shall be constructed or erected upon a lot, or parcel of land which abuts upon a public street, unless a permanent easement of access to a public street was of record prior to the adoption of this chapter.
[Amended 5-4-1974; 8-10-1993 by Ord. No. 93-08-194]
Except in the case of planned developments, each lot shall be occupied by only one principal building, structure or use, together with such accessory buildings, structures and uses as allowed by this chapter; where the zoning lot is a farm, the lot may have no more than two farm dwellings as defined in this chapter.
A. 
Location. When a side yard is required, no part of an accessory building shall be located closer than five feet to the side lot line along such side yard. When a rear yard is required, no part of an accessory building shall be located closer than five feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard. In a residence district, no detached accessory building shall be closer than 10 feet to the principal building.
B. 
Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
C. 
Percentage of required rear yard occupied. No accessory building or buildings or portion thereof shall occupy more than 40% of the area of a required rear yard.
[Amended 7-10-1973]
D. 
Height of accessory building in required rear yards. No accessory building or portion thereof located in a required side or rear yard shall exceed 20 feet in height or exceed the height of the principal structure.
[Amended 11-14-2012 by Ord. No. 12-11-1917]
E. 
Reversed-corner lots. On a reversed-corner lot in a residential district and within 15 feet of an adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to 60% of the least depth which would be required under this chapter for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district.
F. 
Intermodal shipping container (ISC), as defined in § 400-6, Definitions, may be allowed to be placed on non-residential zoning an accessory building for the purposes of accessory on-site storage use only. No ISC shall be staked or abutting another ISC. All ISC may be placed no closer than three feet from an adjacent ISC. No ISC shall be modified in any manner, including, but not limited to, adding plumbing or electrical service, creating any openings such as windows, doors, removing sides to allow of connections to one another, etc., nor shall any ISC that has been previously modified in any manner be used as an accessory on-site storage building/use.
[Added 5-18-2023 by Ord. No. 23-05-72]
The following regulations shall apply to house trailers:
A. 
A house trailer shall not be considered an accessory use for the purposes of this chapter.
B. 
No house trailer shall be stored, parked or occupied for living purposes (Connection to any public utility shall constitute occupancy for the purposes of this chapter.), except:
(1) 
In an approved trailer park, provided that public or community sewer and water facilities are available for each trailer.
(2) 
A camping trailer or sports trailer, as defined in this chapter, may be stored in a side or rear yard.
(3) 
No mobile home shall be used as a dwelling unit on any lot, plat or tract of land other than one which has been granted a conditional use permit as per Article XIII, except that full-time, temporary or permanent employees on agricultural pursuits may be housed in mobile homes on the premises, if sanitary facilities are provided and a distance of 600 feet is maintained from residential subdivisions.
(4) 
A house trailer may be used as a temporary office incidental to construction on or development of the premises on which the trailer is located only during the period of time that such construction or development is actively underway.
[Added 11-10-1992 by Ord. No. 92-11-187]
All manufactured and modular housing or other forms of prefabricated housing, and the lot on which they are placed, are subject to any or all of the same development standards to which a conventional on-site constructed residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, and minimum square footage requirements. In addition, the County may subject any such manufactured home or modular home or other form of prefabricated housing to architectural requirements, limited to its underfloor space enclosure.
The following special height limitations shall apply to areas within two miles of the boundary lines of major airports. (For the purposes of applying these regulations, the County Planning Commission shall indicate which, if any, airports within the County shall be designated as "major."):
A. 
Within 7,500 feet from the nearest airport boundary, no building, structure, object of natural growth or portion thereof shall exceed a height above curb level of 25 feet or one foot for each 50 feet that such building, structure or object is distant from such nearest boundary or boundaries, whichever height is greater.
B. 
Between 7,500 feet and two miles from the nearest airport boundary, no building, structure, object of natural growth or portion thereof shall exceed a height above curb level of 150 feet.
[Amended 7-10-1973]
When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Board of Zoning Appeals it is determined that said use is similar to and not more objectionable than uses listed. Such decisions shall be initiated by application, and the applicant shall be notified of the meeting of the Board of Appeals at which the decision is to be made.
[Added 9-13-1983 by Ord. No. 83-46]
A. 
The Zoning Board of Appeals and the Planning Commission shall utilize the agricultural land evaluation and site assessment system, commonly known as "LESA," as described by the United States Soil Conservation Service, when deciding the following issues:
(1) 
The determination of which lands should be set aside for agriculture use;
(2) 
The determination of the minimum parcel size for a subdivision in agricultural areas;
(3) 
The conversion of agricultural land to nonagricultural uses; and
(4) 
The construction of sewer, water and transportation projects in agricultural areas.
B. 
The Zoning Board of Appeals and the Planning Commission, after consultation with the Zoning Administrator, may promulgate such rules and regulations which it deems proper in order to implement the LESA system, and said rules and regulations shall be enforceable to the degree and in the same manner as this chapter.
C. 
The following persons shall comprise a LESA committee:
(1) 
The Zoning Administrator.
(2) 
A member of the County Board to be appointed by the Chairman of the County Board with the County Board's advice and consent.
(3) 
The Chairman of the Zoning Board of Appeals.
(4) 
The Chairman of the Planning Commission.
(5) 
The Soil Conservationist of the Stephenson Soil and Water Conservation District.
(6) 
The Chairman of the Board of Directors of the Stephenson Soil and Water Conservation District.
(7) 
Any other person(s) whom the above members select by majority vote.
D. 
The LESA committee shall:
(1) 
Upon request by either the Zoning Board of Appeals or the Planning Commission regarding the issues in Subsection A above, evaluate any parcel of agricultural land per the LESA system and submit a written report of its evaluation and recommendation(s) to the initiating agency.
(2) 
Review the rules and regulations enacted per Subsection B above, and from time to time propose any amendments or additions thereto to the Zoning Board of Appeals and the Planning Commission.
(3) 
Upon request by the County Board, the Zoning Board of Appeals or the Planning Commission, appear before and inform said committees of the status of their investigation or of agricultural matters.
(4) 
Establish a site assessment subcommittee, which shall be chaired by the Zoning Administrator.
(5) 
Establish a soil evaluation subcommittee, which shall be chaired by the Soil Conservationist of the Stephenson Soil and Water Conservation District.[1]
[1]
Editor's Note: Former Section 4.14, pertaining to the highway/tourist-oriented commercial district, added by 10-13-1987 by Ord. No. 87-10-113, was repealed 11-10-1992 by Ord. No. 92-11-185.
[Added 11-10-1992 by Ord. No. 92-11-187]
A. 
The Soil and Water Conservation District shall make all natural resource information available to the County Planning Commission and Zoning Board of Appeals in the promulgation of Zoning Map amendments or conditional use applications. Any person who petitions the County agency in the district for a map amendment, conditional use, or other relief from the County's Zoning Ordinance or who proposes to subdivide vacant or agricultural lands therein shall furnish a copy of such petition or proposal to the Soil and Water Conservation District. The Soil and Water Conservation District shall be given not more than 30 days from the time of receipt of the petition or proposal to issue its written opinion concerning the petition or proposal and submit the same to the appropriate County agency for further action.
B. 
The Zoning Administrator may authorize the omission of any or all natural resource information if such information is not necessary to determine whether the proposed use will comply with each of the applicable provisions of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[Added 11-10-1992 by Ord. No. 92-11-187[1]]
The Planning Commission and the County Board shall continuously develop their Comprehensive Plan, including their planning policies to guide future decisions. All Comprehensive Plan elements, in whatever degree of detail they may embody, shall provide the basis for approval of all development under this chapter. Development which is in conflict with the Comprehensive Plan may be approved if written notification prior to development is received by the County Clerk, County Zoning Administrator and the County Board Chairman and approved by the Stephenson County Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[Amended 4-14-1999 by Ord. No. 99-01-238; 8-13-2003 by Res. No. 03-27-275; 6-15-2005 by Ord. No. 05-06-246]
The following special uses shall be subject to the regulations of this section, and to any additional requirements imposed in the public interest to cover circumstances unique to the selected site as set forth in § 400-92. These temporary uses shall not continue beyond the duration of the single contract for which the use is granted.
A. 
Asphalt, concrete or ready-mix plant.
(1) 
Lot area. The site shall be a minimum of five acres.
(2) 
Access. The site shall have direct access to a state or County arterial street or highway. All internal roads and driveways shall be maintained in a dust-free condition.
(3) 
Front yard. The front yard shall be the same as required in the M-1 Limited Manufacturing District (§ 400-60J).
(4) 
Side and rear yards. The side and rear yards shall be not less than 50 feet.
(5) 
Performance standards. This use shall comply with the same performance standards as required in the M-1 Limited Manufacturing District (§ 400-60N).
(6) 
Times of operation. The times or hours of operation may be stipulated as provided for under the special uses (§ 400-92D).
(7) 
Setback from residential districts and uses. All activities, including driveways and on-site roads, shall be set back at least 1,000 feet from any existing residential zoning district boundary line or any building used for residential purposes.
(8) 
Septic system. If the site is not served by a central sewage system, it shall be served by a septic system as approved by the Stephenson County Health Department.
(9) 
Plot plan. The special use application for this use shall be accompanied by a scale plot plan drawing of the proposed development and the surrounding area within 1,000 feet of the site boundaries and showing the following:
(a) 
The location and names of all streets, private road and access easements, and railroad or utility rights-of-way and easements.
(b) 
The location of all residential zoned or subdivided lands.
(c) 
The location of any parks, other public open spaces and uses, residences, and other permanent structures.
B. 
Wind energy conversion systems siting.
[Amended 5-18-2023 by Ord. No. 23-05-71]
(1) 
Definitions. Notwithstanding any other definitions provided elsewhere in the Stephenson County ("County") Zoning Ordinance, the following definitions apply to the terms listed below as used in this section:
ABANDONMENT
Occurs when deconstruction has not been completed within six months after the WECS facility reaches the end of its useful life. For purposes of this definition, a WECS facility shall be presumed to have reached the end of its useful life if: (1) no electricity is generated for a continuous period of 12 months or (2) the WECS facility owner fails, for a period of six consecutive months, to pay any property owner amounts owed in accordance with any underlying easement, option, lease or license agreement entered into relating to the siting, construction, or operation of a WECS facility on the property owner's real property.
APPLICANT
The person or entity who submits a special use permit application for the siting and operation of a WECS facility, substation, and/or supporting facilities, pursuant to this section. All references to an applicant in this section shall include an applicant's successors-in-interest and assigns, which includes a WECS permittee, as applicable.
APPLICATION
An application for a special use permit filed with the Director of Building and Zoning pursuant to this section.
COMMERCIAL OPERATION DATE
The calendar date on which the WECS facility produces power for commercial sale, not including test power.
COMMERCIAL WIND ENERGY FACILITY (OR WECS FACILITY OR WECS PROJECT)
Any device or combination of devices with, equal or greater than 500 kilowatts in total nameplate generating capacity, that convert wind energy into electricity through the use of a wind turbine generator which includes, but is not limited to, the turbine, blade, nacelle, tower, base, pad, transformer, substation, supporting facilities, supports, guy wires, generators, transmission lines, storage containers, equipment associated with the generation and storage of electricity, and any other accessory equipment. This includes a WECS facility seeking an extension of a permit to construct granted by the County before January 27, 2023 (the effective date of the amendatory Act of the 102nd General Assembly to 55 ILCS 5/5-12020.)
DIRECTOR
The Director of the Stephenson County Building and Zoning Department.
FINANCIAL ASSURANCE or FINANCIAL SECURITY or DECOMMISSION SECURITY
Assurance from a credit-worthy party, examples of which include a surety bond (e.g., performance and payment bond), trust instrument, cash escrow, or irrevocable letter of credit, that is acceptable to the County, with the County as the beneficiary.
LOCAL EMERGENCY RESPONSE AUTHORITIES
Each local law enforcement agency, fire department, fire protection district and rescue units, emergency medical service providers and emergency management service providers that have jurisdiction over any part of the WECS facility.
METEOROLOGICAL TOWER
Those towers which are erected primarily to measure wind speed and direction plus other data relevant to siting and operation of a WECS facility. For purposes of this section, meteorological towers do not include towers and equipment used by airports, the Illinois Department of Transportation, or other similar applications or government agencies, to monitor weather conditions.
NONPARTICIPATING PROPERTY
Real property that is not a participating property as defined in this section.
NONPARTICIPATING RESIDENCE
A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a special use permit is filed with the Director of Building and Zoning.
NOTICE TO PROCEED
A written document, named as such, stating that the applicant expresses an intent to commence construction activities on a WECS project and identifying the date on which the construction activities are scheduled to commence.
OCCUPIED COMMUNITY BUILDING
Any one or more of the following buildings that exists and is occupied on the date that the special use permit application is filed with the Director of Building and Zoning: a school, place of worship, day-care facility, public library, or community center.
OPERATOR
The person or entity responsible for the day-to-day operation and maintenance of a WECS facility, including any third-party subcontractors. The operator must be a qualified wind power professional. All references to an operator in this section shall include an operator's successors-in-interest and assigns.
OWNER
(i) a person or entity with a direct ownership interest in the WECS facility, regardless of whether the person or entity is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the WECS facility, or (ii) at the time the facility is being developed, a person or entity who is acting as a developer of the WECS facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person or entity will own or operate the WECS facility. "Owner" does not include the owner of a participating property (unless the property owner has an equity interest in a WECS facility); or (ii) any person or entity holding a security interest in a WECS facility solely to secure an extension of credit, or a person or entity foreclosing on such security interest, provided that after foreclosure, such person or entity seeks to sell the WECS facility at the earliest practicable date.
PARTICIPATING PROPERTY
Real property that is the subject of a written agreement between a facility owner and the owner of real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing or operating a WECS facility, substation, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of siting, constructing, or operating a WECS facility, substation, or supporting facilities.
PARTICIPATING RESIDENCE
A residence that is located on participating property and that is existing and occupied on the date that an application for a Special use permit is filed with the Director of Building and Zoning.
PROFESSIONAL ENGINEER
A professional engineer licensed to practice engineering in the State of Illinois. Where a structural engineer is required to take some action under terms of this section, a professional engineer may serve as the structural engineer if he or she has the appropriate structural engineering certification.
PROTECTED LANDS
Real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act,[1] or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.[2]
PUBLIC CONSERVATION LANDS
Land owned in fee title by county, state or federal agencies and managed specifically for conservation purposes, including, but not limited to, county, state and federal parks, state and federal wildlife management areas, state scientific and natural areas, and federal wildlife refuges and waterfowl protection areas. Public conservation lands do not include private lands upon which conservation easements have been sold to government agencies or nonprofit conservation organizations. Public conservation lands also do not include private land for which the owners have entered into contractual relationships with government or nonprofit conservation organizations for conservation purposes.
SPECIAL USE PERMIT
A permit, subject to the requirements of this section, approved by the Stephenson County Board, after a public hearing, allowing for the siting, construction, and operation of a WECS facility, substation(s), or supporting facilities, at a specified location, subject to compliance with specified conditions as may be required by the County Board.
SUBSTATION
The apparatus that collects and connects the electrical collection system of the WECS facility and increases the voltage for connection with the utility's transmission lines.
SUPPORTING FACILITIES
Any transmission lines, electrical power lines to be utilized for the conveyance of power within or from the WECS facility to the electric grind, operations and maintenance building(s), fencing, lighting, access roads, meteorological towers, storage containers, and any other equipment associated with the generation and storage of electricity by the WECS facility.
WECS BUILDING PERMIT
A permit necessary for the commencement of work performed toward the construction, erection or installation of an approved WECS facility, substation, and/or supporting facilities. A WECS building permit may be issued by the Director of Building and Zoning after a WECS facility has obtained a special use permit from the County Board and Director of Building and Zoning determines that all conditions imposed by a special use permit, if any, have been satisfied. The WECS building permit shall require the applicant (WECS permittee) to deliver a written "notice to proceed" for the WECS facility to the Director of Building and Zoning and the County Board prior to commencement of construction of the WECS facility. The term "commencement of construction," as used in this section, includes any site development work (e.g., demolition, grubbing, grading, excavation, road work, construction of project-related structures and infrastructure improvements, etc.) regarding the WECS facility, substation(s) or supporting facilities.
WECS PERMITTEE
An applicant who applies for and receives a special use permit under this section. All references to a WECS permittee in this section shall include a WECS permittee's successors-in-interest and assigns.
WECS TOWER HEIGHT
The distance from the rotor blade at its highest point to the surface of the WECS Tower foundation.
WECS TOWER OR WIND TOWER
Includes the wind turbine tower, nacelle, and blades.
WIND TURBINE
Any piece of electrical generating equipment that converts the kinetic energy of moving wind into electrical energy through the use of airfoils or similar devices to capture the wind.
[1]
Editor's Note: See 765 ILCS 120/0.01 et seq.
[2]
Editor's Note: See 525 ILCS 30/1 et seq.
(2) 
Applicability.
(a) 
This section governs the siting and operation of commercial wind energy conversation systems, WECS, substations, and/or supporting facilities.
(b) 
A small wind energy system, as defined at § 400-6 of the Stephenson County Zoning Ordinance is not subject to this section.
(3) 
Prohibition.
(a) 
No WECS facility, substation or support facilities governed by this section shall be constructed, erected, installed, or located within the County, unless prior siting approval has been obtained pursuant to a special use permit under this section.
(4) 
WECS special use permit application.
(a) 
An applicant for a special use permit must submit a special use permit application with the Director of Building and Zoning that complies with the requirements of this section.
(b) 
In addition to any information required by § 400-92 of the County's Zoning Ordinance, a special use permit application under this section shall contain or be accompanied by the following information:
[1] 
A WECS facility summary, including, to the extent available: (a) a general description of the project, including (i) its approximate overall nameplate generating capacity, (ii) the potential equipment manufacturer(s), (iii) type(s) of WECS Towers, (iv) the number of WECS Towers, and nameplate generating capacity of each WECS Tower, (v) the maximum height of the WECS Tower(s) and maximum diameter of the WECS(s) rotor(s), (vi) the number and proposed locations of substations, (vii) the number and proposed locations of any operations and maintenance buildings, (viii) a project site plan, project phasing plan and project construction timeline plan, and (ix) the general location of the project; and (b) a description of the applicant, owner and operator, including their respective business structures;
[2] 
The name(s), address(es), and phone number(s) of the applicant(s), owner and operator, and all property owner(s), if known, and documentation demonstrating land ownership or legal control of the property;
[3] 
A site plan for the WECS project showing the planned location of each WECS Tower, including legal descriptions for each site, guy lines and anchor bases (if any), participating and nonparticipating residences, occupied community buildings parcel boundary lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substation(s), operations and maintenance buildings, and permanent meteorological towers, electrical cabling from the WECS Tower to the substation(s), ancillary equipment, third-party transmission lines, the location of any wetlands, floodplain, drainage structures including surface ditches and subsurface drainage lines, underground mines, scenic and natural areas within 1,500 feet of any part of the proposed WECS facility, the location of all known communications towers within two miles of any part of the proposed WECS facility, and the layout of all structures within the geographical boundaries of any applicable setback;
[4] 
All determinations of No Hazard to Air Navigation from the Federal Aviation Administration;
[5] 
A decommissioning plan and proposed decommissioning agreement with the County for the WECS facility, including cost estimations;
[6] 
All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this section;
[7] 
An Agricultural Impact Mitigation Agreement (AIMA) executed between the applicant and the Illinois Department of Agriculture;
[8] 
The topographic map shall include the WECS facility site and the surrounding area;
[9] 
Any other information normally required by the County as part of its permitting requirements for siting buildings or other structures;
[10] 
Any waivers from the setback requirements executed by the occupied community building owners and/or the nonparticipating property owners bearing a file stamp from the County Recorder of Deeds Office confirming that the waiver was recorded against title to the affected real property;
[11] 
Waivers from the shadow flicker mitigation requirements executed by the occupied community building owners and/or the nonparticipating property owners bearing a file stamp from the County Recorder of Deeds Office confirming that the waiver was recorded against title to the affected real property;
[12] 
Results and recommendations from the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool or a comparable successor tool;
[13] 
Results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with the United States Fish and Wildlife Service's Land-Based Wind Energy Guidelines;
[14] 
Information demonstrating that the WECS project will avoid Protected Lands;
[15] 
Any other studies, reports, certifications, or information requested by the County or the County consultants that is necessary to evaluate the siting and operation of the WECS project and to demonstrate that the WECS project meets each of the regulations in this section.
(c) 
Material changes to the application are not allowed once the notice of the public hearing has been published; and
(d) 
The applicant shall submit 12 copies of the special use permit application to the County, and at least one copy in electronic format.
(5) 
Design and installation.
(a) 
Design safety certification.
[1] 
WECS facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (CGL), or an equivalent third party, approved by the County Engineer. The certificates shall be public records and submitted as a part of the application. All WECS Turbines shall be new equipment commercially available; no used or experimental equipment shall be used in the WECS facility without the approval of a variance by the County Board.
[2] 
Following the granting of special use permit under this section, a professional engineer shall certify, as part of the WECS building permit application process, that the foundation and tower design of the WECS is within accepted professional standards, given local soil, subsurface and climate conditions.
(b) 
Controls and brakes. All WECS Towers shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, tilt, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(c) 
Electrical components. All electrical components of the WECS facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and International Electrical Commission).
(d) 
Aesthetics and lighting. The following items are recommended standards to mitigate visual impact:
[1] 
Coatings and coloring: WECS Towers and blades shall be painted white or gray or another nonreflective, unobtrusive color.
[2] 
Turbine consistency: To the extent feasible, the WECS project shall consist of wind turbines of similar design and size, including tower height. Further, all wind turbines shall rotate in the same direction. Wind turbines shall also be consistent in color and direction with any neighboring WECS Facilities.
[3] 
Lighting: WECS projects shall not be artificially lit unless otherwise required by the FAA. If required to be lit, the lighting shall meet the FAA requirements at the lowest intensity allowed. The applicant shall install and use aircraft detection lighting systems (ADLS) on all WECS Towers. "ADLS" means software approved by the FAA which keeps all WECS Tower lights off until an aircraft approaches.
[4] 
Intra-project power and communication lines: All power lines used to collect power from individual wind turbines and all communication lines shall be buried underground at a depth in accordance with the Agricultural Impact Mitigation Agreement until same reach the property line of a substation.
(e) 
Warnings.
[1] 
A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations, and at all entrances to the Wind Towers.
[2] 
Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires (if any) and along the guy wires up to a height of 15 feet from the ground.
(f) 
Climb prevention.
[1] 
All WECS Towers must be unclimbable by design or protected by anti-climbing devices such as:
[a] 
Fences with locking portals at least six feet high; or
[b] 
Anti-climbing devices 12 feet vertically from the base of the WECS Tower.
(g) 
Setback requirements.
[1] 
The WECS facility shall be sited as follows, with setback distances measured from the center of the base of the WECS Tower:
[a] 
Occupied community buildings: 2.1 times the maximum blade tip height of the WECS Tower to the nearest point on the outside wall of the structure.
[b] 
Participating residences: 1.1 times the maximum blade tip height of the WECS Tower to the nearest point on the outside wall of the structure;
[c] 
Nonparticipating residences: 2.1 times the maximum blade tip height of the WECS Tower to the nearest point on the outside wall of the structure;
[d] 
Boundary lines of participating property: None;
[e] 
Boundary lines of nonparticipating property: 1.1 times the maximum blade tip height of the WECS Tower to the nearest point on the property line of the nonparticipating property;
[f] 
Public road rights-of-way: 1.1 times the maximum blade tip height of the WECS Tower to the center point of the public road right-of-way;
[g] 
Overhead communication and electric transmission and distribution facilities (not including overhead utility service lines to individual houses or outbuildings): 1.1 times the maximum blade tip height of the WECS Tower to the nearest edge of the property line, easement, or right of way containing the overhead line;
[h] 
Overhead utility service lines to individual houses or outbuildings: None;
[i] 
Fish and Wildlife Areas and Illinois Nature Preserve Commission protected lands: 2.1 times the maximum blade tip height of the WECS Tower to the nearest point on the property line of the fish and wildlife area or protected land.
[2] 
The setback requirements may be waived by the written consent of the owner(s) of each affected property. The applicant does not need to obtain a variance from the County upon waiver by the property owner of the setback requirement. Any waiver of any of the above setback requirements shall run with the land and be recorded with the Recorder of Deeds of the County.
(h) 
Compliance with additional regulations. Nothing in this section is intended to preempt other applicable state and federal laws and regulations.
(i) 
Use of public roads.
[1] 
An applicant proposing to use any County, municipality, township or village road(s), for the purpose of transporting WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS(s) or substation(s), shall:
[a] 
Identify all such public roads in its application; and
[b] 
Obtain applicable weight and size permits from the appropriate government agencies prior to construction.
[2] 
To the extent an applicant must obtain a weight or size permit from the County, municipality, township or village, the applicant shall, as a part of its application:
[a] 
Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage; and
[b] 
Any proposed public roads that will be used for construction purposes shall be identified and approved, in writing, by the respective Road District Commissioner and the County Engineer prior to the granting of the special use permit. Traffic for construction purposes shall be limited to these roads. All overweight and/or oversized loads to be transported on public roads may require a permit from the respective highway authority. Any road damage caused by the transport of the facility's equipment, the installation, maintenance, or removal, must be completely repaired to the reasonable satisfaction of the Road District Commissioner and the County Engineer. The Road District Commissioner and County Engineer may choose to require either remediation of road repair upon completion of the WECS project or are authorized to collect fees for overweight and/or oversized load permits. Further, financial assurance in an amount and manner to be fixed and approved by the Road District Commissioner to ensure the Road District or the County that future repairs are completed to their reasonable satisfaction shall be provided. Applicant shall submit a draft form of said financial assurance with application for special use permit.
[c] 
Road use agreement provisions.
[i] 
Enter into a road use agreement with the County and each affected road district that includes the following provisions, at a minimum:
[A] 
Project layout map;
[B] 
Transportation impact analysis;
[C] 
Pre-construction plans;
[D] 
Project traffic map;
[E] 
Project scope of repairs;
[F] 
Post-construction repairs;
[G] 
Insurance;
[H] 
Financial security in forms and amounts acceptable to the County.
[ii] 
If an agreement allowing overweight vehicles is reached, such road use agreement shall, at a minimum, require applicant to be responsible for the reasonable cost of improving roads used to construct WECS and the reasonable cost of repairing roads used by the facility owner during construction of the WECS so that those roads are returned to their pre-construction state and are in a condition that is safe for the driving public after the completion of the WECS construction. Roadways improved in preparation for and during the construction of the WECS shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities. Any such road use agreements must be a part of the special use permit application.
[3] 
All repairs and improvements to County public roads and roadway appurtenances shall be subject to the prior approval of the County Engineer before being made and shall also be subject to inspection and acceptance by the County Engineer after such repairs and improvements are completed. The County's road use agreement, and any further agreements contemplated therein, regarding the maintenance and repair of County public roads and highways, must be approved by the County Board prior to its approval of a special use permit and to any approval of any WECS building permit applications.
(j) 
Site assessment. To ensure that the subsurface conditions of the site will provide proper support for the WECS Towers and soil restoration, the applicant, at its expense, shall provide soil and geotechnical boring reports to the County Engineer with respect to each WECS Tower location, as part of its WECS building permit. The applicant shall follow any guidelines submitted by the County Soil and Water Conservation District. The applicant shall submit grading plans for the substation(s) and operations and maintenance buildings for review and comment by the County Soil and Water Conservation District prior to the issuance of any WECS building permit. The County's Soil and Water Conversation District's Land Evaluation and Site Assessment report for the proposed WECS project shall be submitted as a part of the applicant's special use permit application.
(k) 
Communications analysis and interference. All WECS Facilities shall be located, designed, constructed, and operated so as to avoid interference with any doppler radar or weather warning system of any local or national weather service, electromagnetic communications, such as radio, telephone, microwave transmissions, internet, other personal communication systems, or television signals and local government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications. In furtherance of this standard:
[1] 
The applicant, at its expense, shall have a third party, qualified professional (subject to the approval of the County Engineer) conduct an appropriate analysis of any electromagnetic communications, such as radio, telephone, microwave transmissions, internet, or television signals within two miles of the footprint of the WECS facility. Said analysis shall be a public record and be submitted as a part of the application. Said analysis will serve as a baseline reading for reception conditions prior to the construction of the WECS facility.
[2] 
The applicant, at its expense, shall have a third party, qualified professional (subject to the approval of the County Engineer), conduct a communications analysis that indicates that the E9-1-1 communications, emergency communications or official County and local municipal communications reception or any doppler radar or weather warning system of any local or national weather service shall not be negatively impacted or influenced by the proposed wind power facility. Said analysis shall be a public record and shall be submitted as part of the application.
[3] 
The applicant shall provide the applicable national or local weather services, microwave transmission providers (including television stations, radio stations, cell phone and internet providers) and local emergency service provider(s) (911 operators) copies of the WECS facility Summary and Site Plan, as set forth in Subsection B(4)(b)[1] and B(4)(b)[3] of this section and any analysis required under this section. To the extent that the above provider(s) demonstrate a likelihood of interference with its communications resulting from the WECS facility, the applicant, at its expense, shall take reasonable measures to minimize and mitigate such anticipated interference and with regard to interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications or any doppler radar or weather warning system of any local or national weather service, the applicant and the operator, at applicant's expense, shall take all necessary and available measures to eliminate any such interference.
[4] 
If, after construction of the WECS, the applicant (WECS permittee) or operator receives a written complaint related to electromagnetic communications, such as radio, telephone, microwave transmissions, internet, or television signals impacted by the WECS facility, the applicant (WECS permittee) shall forward a copy of the complaint to the Zoning Enforcement Officer and County Engineer for review within two business days of its receipt. Once the construction is complete and a complaint is received by the County, the Complaint will be forwarded to the applicant within two business days. In either case, the applicant will be given 15 calendar days from its receipt of the Complaint to respond, in writing. Said response shall be addressed and forwarded to the Zoning Enforcement Officer, County Engineer, and the complainant. Such response shall include, but not be limited to, the following: an acknowledgment that a complaint was made and evaluated by the applicant (WECS permittee). If considered valid by the applicant (WECS permittee): an explanation, including a timeline, as to what the applicant (WECS permittee) intends to do about the complaint. The applicant (WECS permittee) of the wind power facility will be given an additional 15 calendar days from the validation date to resolve said issue. An applicant must take all necessary and available commercially reasonably measures to eliminate such interference. If considered invalid by the applicant (WECS permittee), an explanation, including supporting documentation and expert opinions, as to why the applicant (WECS permittee) believes the complaint is not valid.
[5] 
In the case of a complaint of interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications or doppler radar or other local or national weather service communication, the applicant, at its expense, shall immediately take all necessary and available commercial measures to eliminate any such interference.
[6] 
All written complaints received by the applicant shall be forwarded to the County's Zoning Enforcement Officer. All written complaints submitted to the applicant or the County shall be public record and maintained, at a minimum, for the life of the WECS facility.
(l) 
Noise levels. Noise levels from a WECS facility shall be in compliance with applicable sound limitations established by the Illinois Pollution Control Board (IPCB) under 35 III. Adm. Code Parts 900, 901 and 910. The applicant shall submit manufacturer's wind turbine sound power level characteristics and other relevant data regarding wind turbine noise characteristics necessary for a competent noise analysis. The applicant, through the use of a qualified professional, shall appropriately demonstrate compliance with the applicable noise requirements in its special use permit application, which shall include, at a minimum, a baseline pre-operation background study consistent with all IPCB Regulations.
(m) 
Agricultural impact mitigation. Pursuant to 505 ILCS 147/15(a), the applicant, at its expense, shall enter into an Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture prior to any public hearing required before a siting decision on the WECS project application. All impacted agricultural land, whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the applicant pursuant to the terms of the Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture. The applicant shall submit the executed Agricultural Impact Mitigation Agreement to the County as part of the special use permit application.
(n) 
Avian and wildlife impact study. The applicant, at its expense, shall have a third party, qualified professional, such as an ornithologist or wildlife biologist, conduct an avian and wildlife impact study and submit said study as part of its application. Each WECS project shall be located, designed, constructed, and operated so as to avoid and if necessary mitigate the impacts to wildlife. Said study shall include, but not be limited to, a consultation with the Illinois Department of Natural Resources and United States Fish and Wildlife Services.
(o) 
Historic preservation study. The applicant, as part of its application and at its expense, shall provide evidence of consultation with the Illinois State Historic Preservation Office (ISHPO) to assess potential impacts on State- registered historic sites under the Illinois State Agency Historic Resources Preservation Act (20 ILCS 3420/1 et seq.) and demonstrate its compliance with any recommendations provided by the ISHPO for the WECS or WECS project.
(p) 
Vegetation screening plan. The applicant shall include in its application a vegetation screening and management plan for its WECS projects, which includes, at a minimum, vegetation screening around the area immediately outside of any security fencing designed to screen the fencing from the sight lines from neighboring roads and properties.
(q) 
Identification of adjacent and contiguous properties. The applicant shall provide a list of the names and addresses of all property owners as taken from the latest adopted tax rolls, whose property is adjacent and contiguous to the lot(s) of record of which all or a portion of is subject to the special use application. The applicant shall also provide a list of the owners of all participating properties, which shall include the nature of applicant's rights to the participating properties.
(r) 
Signage. Signage is to be consistent with ANSI and AWEA standards. A conspicuous warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations, and at all entrances to Wind Towers.
(s) 
Shadow flicker study. The applicant, as part of its application, must present a model study on potential shadow flicker to be produced by the WECS project. The applicant shall appropriately demonstrate to the County Board through industry standard modeling that no occupied community building or nonparticipating residence will experience a duration of more than 30 hours of shadow flicker a year. An occupied community building owner or a nonparticipating participating residence owner may waive this shadow flicker mitigation requirement. Each waiver of the above shadow flicker mitigation requirement shall be set forth in a written waiver executed by the respective owner and filed with the County Recorder of Deeds Office against title to the affected real property.
(t) 
As-built map and plans. Within 60 calendar days of completion of construction of the WECS project, the applicant or operator shall deliver "as-built" maps, site plan and engineering plans for the WECS project that have been signed and stamped by a professional engineer and a licensed surveyor.
(u) 
Engineer's certificate. The WECS project engineer's certificate shall be completed by a professional engineer (whose qualifications are subject to the approval of the County Engineer) and shall certify that the eacg WECS tower and foundation design is compatible with and appropriate for each WECS tower and wind turbine design proposed to be installed and that the specific soils and subsurface conditions at the site can support the apparatus, given local soil, subsurface and climate conditions. All commercially installed wind turbines must utilize self- supporting, tubular towers. The WECS project engineer's certificate shall be a public record and shall be submitted as part of the special use permit application.
(v) 
Conformance with approved application and plans. The applicant shall construct and operate the WECS project in substantial conformance with the construction plans contained in the special use permit application(s), conditions placed upon the operation of the facility in the special use permit, this section and all applicable state, federal and local laws and regulations.
(w) 
Decommissioning plan and site reclamation. Applicant (or owner, if different from applicant), as part of its special use permit application, must submit a decommissioning plan and proposed decommissioning agreement with cost estimation to the County and provide testimony supporting the calculation of costs provided in said plan during the public hearing on the application. Prior to receiving any building permit for any part of the WECS facility, the applicant or owner shall provide a decommissioning agreement and post the required Financial Assurances for the benefit of the County. The decommissioning agreement and financial assurances shall comply with 55 ILCS 5/5-12020. Periodically, and as required by the Agricultural Impact Mitigation Agreement entered into by the applicant or owner and the illinois Department of Agriculture, the owner must update the decommissioning plan, cost estimations and provide updated financial assurances to the benefit of the County.
(x) 
Blade tip height. No WECS Tower shall have a blade tip height greater than 500 feet, unless the applicant has received a Determination of No Hazard to Air Navigation from the Federal Aviation Administration under 14 CFR Part 77, for any WECS Tower(s) with a blade tip height in excess of 500 feet. In such case, any Determinations of No Hazard to Air Navigations shall be submitted as part of the special use permit application and the maximum blade tip height for any such WECS Tower(s) shall be the height approved by the FAA in the respective Determination of No Hazard to Air Navigations as set forth in the application.
(y) 
Additional terms and conditions.
[1] 
All technical submissions as defined in the professional engineering practice act of 1989 [225 ILCS 325/4(w)] and contained in the special use permit application shall be prepared and signed by a licensed Illinois professional engineer for the relevant discipline.
[2] 
The County may retain a qualified, independent code inspector or professional engineer both to make appropriate inspections of the WECS project during and after construction and to consult with the County to confirm that the construction, substantial repair, replacement, repowering and/or decommissioning of the WECS project is performed in compliance with applicable electrical and building codes. The cost and fees so incurred by the County in retaining said inspector or engineer shall be promptly reimbursed by the applicant of the WECS project.
[3] 
The applicant shall install locked metal gates at the access road entrances of all the wind turbine locations. A security lock box shall be installed near the locked gate to facilitate access in case of emergencies.
[4] 
The special use permit granted to the applicant shall bind and inure to the benefit of the applicant, its successors-in-interest and assigns. If any provision in this section, or conditions placed upon the operation of the commercial wind energy facility is held invalid, such invalidity shall not affect any other provision of this section that can be given effect without the invalid provision and, to this end, the provisions in this section are severable.
[5] 
The applicant shall provide an executed road use agreement between the applicant and the appropriate governing road and highway jurisdictions or the Illinois Department of Transportation, to the County showing approved entrances prior to the issuance of any WECS building permit or prior to construction of the WECS project.
[6] 
The applicant shall use two methods to detect icing conditions on turbine blades: (1) sensors that detect when blades become imbalanced or create vibration due to ice accumulation; and (2) meteorological data from on-site meteorological towers, on-site anemometers, and other relevant weather sources that will be used to determine if ice accumulation is occurring. These control systems will either automatically shut down the turbines(s) in icing conditions or the applicant will manually shut down the turbine(s) if icing conditions are identified.
[7] 
The applicant shall submit, as part of its application, an emergency response plan, consistent with the requirements of Subsection F(2) of this section.
(6) 
Operation.
(a) 
Maintenance.
[1] 
Annual report. The applicant (WECS permittee) must submit, on an annual basis on the anniversary date of the County Board's granting of the special use permit, an operation and maintenance report to the Director of Building and Zoning. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the WECS and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, shadow flicker, appearance, safety, lighting and use of any public roads received by the applicant concerning the WECS and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; and (v) a general summary of service calls to the WECS. Failure to provide the annual report shall be considered a material violation of this section and subject to Subsection B(11) (Remedies).
[2] 
Re-certification. Any physical modification to any part of the WECS facility that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under Subsection B(5)(a)[1] of this section. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require recertification. Prior to making any physical modification (other than a like-kind replacement or other modifications made in the ordinary course of operations), the applicant shall confer with a relevant third- party certifying entity, approved by the County Engineer, to determine whether the physical modification requires re-certification.
(b) 
Coordination with emergency responders.
[1] 
The applicant shall submit to a copy of the Site Plan, standard operating procedures (SOPs) and standard operating guidelines (SOGs), and any amendments to such documents, for the WECS facility to each local emergency response authority with jurisdiction over any part of the WECS facility, so that such agencies may evaluate and coordinate their emergency response plans with the applicant.
[2] 
The applicant, at its expense, shall provide annual training for, and the necessary equipment to, the operator and local emergency response authorities and their personnel so that they can properly respond to a potential emergency at the WECS project. Special equipment to be provided includes, but is not limited to, permanently installed rescue equipment such as winches, pulleys, harnesses, etc.
[3] 
Emergency response plan required. The applicant and the operator shall cooperate with all local emergency response authorities to develop an emergency response plan. The plan shall include, at a minimum, twenty-four-hour contact information (names, titles, email addresses, cell phone numbers) for the applicant and the operator and at least three designated WECS project representatives (a primary representative with two alternate representatives, each of whom are on-call "24 hours per day/seven days per week/365 days per year"). Any change in the designated WECS project representative or his/her contact information shall be promptly communicated to the Director of Building and Zoning and each local emergency response authority The content of the emergency response plan, including the twenty-four-hour contact information, shall be reviewed and updated on an annually basis.
[4] 
Nothing in this section shall alleviate the need to comply with all other applicable life safety, fire/emergency laws and regulations.
[5] 
The emergency response plan shall be a part of the special use permit application.
(c) 
Water, sewer, materials handling, storage and disposal.
[1] 
All solid wastes related to the construction, operation and maintenance of the WECS shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.
[2] 
All hazardous materials related to the construction, operation and maintenance of the WECS shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.
[3] 
The WECS project shall comply with existing septic and well regulations as required by the County Health Department and the State of Illinois Department of Public Health.
(d) 
Drainage systems.
[1] 
The applicant, at its expense, will repair, in a prompt and timely manner, all waterways, drainage ditches, agricultural drainage systems, field tiles, or any other private and public infrastructure improvements damaged during construction, maintenance and operation phases of the WECS project and in accordance with the Agricultural Impact Mitigation Agreement.
[2] 
Pursuant to 55 ILCS 5/5-12020, notwithstanding any other provision of law, a facility owner or WECS permittee with siting approval from the County to construct WECS facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code (70 ILCS 605/1-1 et seq.) without obtaining prior agreement or approval from the drainage district, except that the facility owner or WECS permittee shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial solar energy facility within a reasonable time after construction of the commercial wind energy facility or the commercial solar energy facility is complete.
(e) 
Complaint resolution plan. The applicant shall, at its expense and in coordination with the Director of Building and Zoning, develop a system for logging and investigating complaints related to the WECS project. The complaint resolution plan shall be a part of the application. The applicant shall resolve such nonemergency complaints on a case-by-case basis and shall provide written confirmation to the Director of Building and Zoning. All costs and fees incurred by the County in attempting to or resolving complaints shall be reimbursed by the owner or WECS permittee. The applicant shall also designate and maintain for the duration of the WECS project either a local telephone number or a toll-free telephone number and an email address as its public information/inquiry/and complaint "hotline" which shall be answered by a customer service representative 24/7 basis. The applicant shall post the telephone number(s) and email address(es) for the customer service representative(s) in a prominent, easy-to-find location on their websites and on conspicuous signage at the entrance of each WECS Tower site and any operations and maintenance buildings. The applicant shall provide the Building and Zoning Director a list of all complaints received on an annual basis or upon request.
(7) 
Liability insurance and indemnification.
(a) 
Commencing with the issuance of a WECS building permit, the WECS permittee shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death and illness, and property damage with limits of at least $1,000,000 per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the "Notice to Proceed" by the WECS permittee under the turbine supply and/or balance of plant construction contract(s) for the WECS project, in coverage amounts of at least $1,000,000 per occurrence and $2,000,000 in the aggregate during the life of the WECS project. The applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a WECS building permit, corresponding policies and endorsements to be provided within 60 days of issuance, and at each subsequent renewal, at least annually thereafter. The certificate of insurance shall name the County and its officers, appointed and elected officials, employees, attorneys, engineers and agents as an additional insured.
(b) 
The applicant (WECS permittee) shall defend, indemnify and hold harmless the County and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the "indemnified parties") from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance and removal of the WECS facility, substation(s), or supporting facilities, and affiliated equipment including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence) or any acts or omissions of the applicant (WECS Permitee), the owner or the operator under this section or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities arise from the gross negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the County's other indemnification rights available under the law.
(8) 
Remedies.
(a) 
The applicant's failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the facility, and/or with any provision of this section, or other law, rule or regulation shall be a default and shall be grounds for revocation of the special use permit pursuant to the procedures set forth at § 400-92J(3) of the Stephenson County Zoning Ordinance.
(b) 
Prior to implementation of the applicable County procedures for the resolution of default(s), the County Board must first provide written notice to the applicant and operator, setting forth the alleged default(s) and provide an opportunity for the applicant or the operator to cure the default(s) within a thirty-calendar day period from the date of the notice. Should the applicant commence the cure within that thirty-day cure period, and diligently pursues a cure, then the applicant shall receive an additional 60 days to continue to pursue the cure before the County pursues procedures for the resolution of default. If the default poses an immediate threat to public health or safety, or interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant or the operator shall take all necessary and available commercial measures to immediately cure the default. If the applicant or operator cannot cure the default(s) or resolve the alleged default(s) within the cure period, then procedures for the revocation of special use permits set forth at § 400-92J(3) shall govern.
(9) 
Fee schedule and permitting processes.
(a) 
Application fees.
[1] 
At the time of its submission of its special use permit application, the applicant must submit a certified check to the County for the necessary application fee.
[2] 
Should the actual costs to the County exceed the submitted application fee, the applicant shall be responsible for those additional costs and shall remit additional funds to the County within 15 days of receipt of a request from the County. No hearings on an application shall be conducted nor final decisions rendered on an application if there are application fees due to the County.
(b) 
All costs to be paid by applicant or owner.
[1] 
The Zoning Board of Appeals or County Board may also retain the services of a third-party expert to review technological evidence presented by the applicant and the applicant shall be liable for the costs of such third-party expert. The Zoning Board of Appeals or County Board may secure the services of an independent safety consultant to conduct periodic inspections and the applicant shall be liable for the costs of such inspections. The applicant shall also pay all costs incurred by the County, including, but not limited to, those costs associated with all offices, boards and commissions of the County. This includes, but is not limited to, the direct or indirect costs associated with the hearing, permitting, operations, inspections, decommissioning, litigation, related attorney's fees, disputes, and/or negotiations.
(10) 
Review, public hearing and consideration of special use permit application.
(a) 
Upon the submission of an application and the necessary application fees, the Director of Building and Zoning Officer shall schedule a date for a public hearing before the Zoning Board of Appeals. The public hearing must be held within 45 days of the submission of the application and the necessary application fees. Notice must be published in a newspaper of general circulation not more than 30 days and not less than 15 days prior to the public hearing. The content of the notice must be consistent with the requirements of 55 ILCS 5/5-12009.5.
(b) 
The Zoning Board of Appeals must also give at least 15 days' notice before the hearing to (i) any municipality whose boundaries are within 1.5 miles of any part of the property proposed as a special use; and (ii) the owner or owners of any land adjacent to or immediately across any street, alley, or public right-of-way from any property proposed as a part of the special use. The applicant shall submit, with its application, mailing labels for all such municipalities and property owners. The applicant must pay for the costs of publication and mailing of the notices. It is the applicant's burden to identify all municipalities and property owners that are entitled to notice of the public hearing pursuant to this section and 55 ILCS 5/5-12020(c). The applicant may elect to issue the necessary notices itself, but must make such election in writing, as part of its application.
(c) 
The applicant shall present at least one witness to testify at the hearing in support of its application. The Zoning Board of Appeals shall promulgate procedures for such hearings, which shall be consistent with the Open Meetings Act[3] and allow members of the public a reasonable opportunity to present evidence and cross-examine the applicant and its witnesses.
[3]
Editor's Note: See 5 ILCS 120/1 et seq.
(d) 
The Zoning Board of Appeals shall submit a written report and recommendation to the County Board within 15 days after the close of the public hearing.
(e) 
The County Board must make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing.
(f) 
No WECS project special use application which has been denied wholly or in part by the County Board may be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence of proof of change of conditions found to be valid by the Director of Building and Zoning.
(11) 
Hearing facilitator. The County may engage the services of a hearing facilitator. The hearing facilitator shall be an independent contractor who shall conduct a hearing in accordance with all applicable rules of the board and the County but has no adjudicatory responsibility other than ruling on requests for continuances, procedural matters, admissibility of evidence and the propriety of any arguments. The hearing facilitator shall be an attorney, licensed to practice in the State of Illinois. The applicant shall reimburse the county for the fees and costs charged by the facilitator.
(12) 
Hearing factors.
(a) 
The County Board may approve a special use permit application if it finds the evidence complies with federal, state, and local laws and regulations, and with the standards of this section.
(b) 
Special use permit conditions and restrictions. The County Board may stipulate conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the WECS project as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this section.
(c) 
Revocation.
[1] 
In any case where a special use permit has been approved for a WECS project, the applicant shall apply for a WECS building permit from the County and all other permits required by other government or regulatory agencies to commence construction, and commence and actively pursue construction of the project within 24 months from the date of the granting of the special use permit. If the applicant fails to apply for a WECS building permit from the County and all other permits required by other government or regulatory agencies prior to construction and/or fails to commence and actively pursue construction of the project within the twenty-four-month period, then without further action by the County Board, the special use permit authorizing the construction and operation of the WECS project shall be automatically revoked and void. Upon written request supported by evidence that the applicant has diligently pursued issuance of all necessary government and regulatory permits for the project required to commence construction and that any delay in commencement of construction of the project is due to conditions out of his/her/its control, the County Board, in its sole discretion, may extend the above twenty-four-month period by passage of an ordinance that amends the special use permit.
[2] 
The special use permit shall be subject to revocation pursuant to the procedures set forth at § 400-92 of the Stephenson County Zoning Ordinance, if the permittee dissolves or ceases to do business, abandons the WECS project or the WECS ceases to operate for more than 12 consecutive months for any reason.
[3] 
Subject to the provisions of Subsection B(8) (Remedies), a special use permit may be revoked by the County Board if the WECS project is not constructed, installed and/or operated in substantial conformance with the County-approved project plans, the regulations of this section and the stipulated special use permit conditions and restrictions.
[4] 
Transferability; owner or WECS permittee. The applicant shall provide written notification to the County Board at least 30 days prior to any change in ownership of a WECS facility. The phrase "change in ownership of a WECS facility" includes any kind of assignment, sale, lease, transfer or other conveyance of ownership or operating control of the WECS facility or any portion thereof. The applicant or successors-in-interest or assignees of the special use permit, as applicable, shall remain liable for compliance with all conditions, restrictions and obligations contained in the special use permit, the provisions of this section and applicable county, state and federal laws.
[5] 
Modification. Any modification of a WECS project that alters or changes the essential character or operation of the WECS project in a way not intended at the time the special use permit was granted, or as subsequently amended, shall require a new special use permit. The applicant, permittee, or authorized representative shall apply for a new special use permit prior to any modification of the WECS project.
[6] 
Permit effective date. The special use permit shall become effective upon approval of the special use ordinance by the County Board or as otherwise provided by the County Board.
(13) 
Interpretation. The provisions of this section shall be held to the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of Stephenson County.
(14) 
Severability. If any section, paragraph, clause, phrase or part of this section is for any reason held invalid by any court or competent jurisdiction, such decision shall not affect the validity of the remaining provisions of these regulations.
(15) 
When effective. This section shall be in full force and effect from and after its passage, publication and approval as required by law.
C. 
Adult entertainment establishment.
(1) 
Purpose and findings.
[Amended 6-15-2005 by Ord. No. 05-06-246]
(a) 
Purpose. It is the purpose of this subsection to regulate the location of sexually oriented adult businesses in order to promote the health, safety, morals, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult businesses within the County. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. This subsection does not apply to theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music, and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers, and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or seminude performances; neither is it the intent nor effect of this subsection to condone or legitimize the distribution of obscene material.
(b) 
Findings. Based on evidence of the adverse secondary effects of sexually oriented adult uses, presented in hearings and in reports made available to the County, and on findings incorporated in the cases of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); R.V.S., LLC, v. City of Rockford, 361 F.3d 402 (7th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003) (and cases cited therein); Wise Enterprises, Inc. v. Unified Gov't of Athens-Clarke County, Georgia, 217 F.3d 1360 (11th Cir. 2000); see BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Artistic Entm't, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd in part, rev'd in part, 228 F.3d 831 (7th Cir. 2000); see Gary v. City of Warner Robins, Georgia, 311 F.3d 1334 (11th Cir. 2002); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. of California, 99 Cal. App. 4th 880 (Cal. Ct. App. 2002); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Entertainment Concepts v. Maciejewski, 631 F.2d 497 (1980); Genusa v. City of Peoria, 619 F.2d 1203 (1980); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); United States v. Sturman, 49 F.3d 1275 (7th Cir. 1995); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill.2d 123 (1988) (including cases cited therein); and other cases; and on reports of secondary effects occurring in and around sexually oriented adult businesses, including, but not limited to, Phoenix, Arizona (1979); Minneapolis, Minnesota (1980); Houston, Texas (1997); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden Grove, California (1991); Los Angeles, California (1977); St. Cloud, Minnesota (1994); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Police reports, Gary, Indiana (2000); Dallas, Texas (1997); St. Croix City, Wisconsin (1993); Bellevue, Washington (1998); Newport News, Virginia (1996); New York Times Square study (1994); and also on findings from the Report of the Attorney General's Working Group on the Regulation of Adult uses, (June 6, 1989, State of Minnesota), the County finds:
[1] 
Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, illicit sex acts, potential spread of sexually transmitted diseases, lewdness, public indecency, illegal drug use and drug trafficking, negative impacts on property values, urban blight, pornographic litter, and sexual assault and exploitation.
[2] 
Sexual acts, including masturbation, oral and anal sex, occur at unregulated sexually oriented businesses, especially those which provide private or semiprivate rooms, booths, or cubicles for viewing films, videos, or live sexually explicit shows.
[3] 
The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbates the deleterious secondary effects of such businesses.
[4] 
Each of the foregoing negative secondary effects constitutes a harm which the County has a substantial government interest in preventing and/or abating.
(c) 
General terms and uses. This subsection contains definitions of general terms, use types and sign terminology used throughout the text of this chapter. The use definitions are mutually exclusive, which means that uses that are specifically defined shall not also be considered to be a part of a more general definition of a use type. An "adult bookstore," for example, shall not be considered a "retail sales and service" use, since "adult bookstore" is a more specific definition of the use.
(2) 
Separation from other uses. No adult entertainment establishment shall be permitted within 3,000 feet of any E-1 through R-6 zoned lot or within 3,000 feet of any religious assembly, school or park and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of a lot that is zoned E-1 through R-6 or a lot that contains a religious assembly, school or park and recreation use.
(3) 
Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within 3,000 feet of any other adult entertainment use or within 3,000 feet of any bar or tavern.
(4) 
Access. All access to and from the adult entertainment establishment shall be provided from a primary thoroughfare as defined in Chapter 355, Subdivision of Land, § 355-7.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
(5) 
Windows and doors. The building in which the adult entertainment establishment is located shall be designed in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building containing the adult entertainment establishment.
(6) 
Signs. Adult entertainment establishments shall be limited to one wall-mounted sign no greater than one square foot of sign per linear foot of wall length, not to exceed a total of 50 square feet. The sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. No flashing lights or lighting that gives the impression of motion or movement shall be permitted.
(7) 
Parking area lighting. Lighting of parking areas that serve an adult entertainment establishment shall provide a minimum light level of 0.25 footcandle over the entire parking area, but at no point shall the light level exceed 3.0 footcandles, nor shall any increase in light levels or visible glare be permitted at the lot line.
[Added 6-8-1999 by Ord. No. 99-02-239]
Home occupations shall be classified as either permitted home occupations, which shall be permitted in all agricultural or residence districts, or as special use home occupations, which shall be permitted only in agricultural districts, and shall be governed by the following regulations:
A. 
Permitted home occupations and uses.
(1) 
Permitted home occupations and uses shall only be conducted within a dwelling unit in any agricultural or residence district and include the following:
(a) 
Artist's or sculptor's studio.
(b) 
Use of the premises by a clergymen, physician, surgeon, dentist, lawyer, architect, engineer, contractor, or accountant, but not for the general practice of the profession, business or trade.
(c) 
Teaching, tutoring or other types of instruction to either an individual or a group of persons not to exceed four in aggregate, provided it is conducted in a manner not to constitute a nuisance.
(2) 
Permitted home occupations shall not include the use of any mechanical or manufacturing equipment other than that which is usual for domestic or hobby purposes.
B. 
Prohibited home occupations and uses. Any gainful activity which is not a permitted home occupation use shall be considered a business or industrial use and is prohibited in any residential district. Uses which are not deemed permitted home occupations in any agricultural or residential district and which are not permitted include, among others:
(1) 
Clinics, doctors' offices, hospitals, dress shops, millinery shops, taxicab or livery services, nursery schools, tea rooms, restaurants, tourist homes, boardinghouses, rooming houses, social clubs, nursing homes, animal hospitals, and kennels, building contractors, storage, light manufacturing, assembly or fabrication, or similar uses.
(2) 
Any wholesale, retail or service business which regularly involves the sale, receipt or delivery of merchandise on the premises.
(3) 
Any use which produces noxious matter, creates a public hazard, or constitutes a nuisance.
(4) 
The repair, body work or painting of any vehicle for remuneration.
(5) 
Any permitted home occupation which is not conducted within a dwelling unit.
C. 
Special use home occupations and uses. Special use home occupations and users are only allowed in any agricultural district. No such special use home occupations shall be allowed until after a special use permit has been granted in accordance with the procedures set forth in § 400-92. Special use home occupations shall not produce noxious matter, create a public hazard, or constitute a nuisance. Special use home occupations in the agricultural district shall only be allowed in conforming detached accessory structures and may include the following:
[Amended 8-10-2017 by Ord. No. 17-08-1560]
(1) 
Certain wholesale, retail or service businesses which serve the unique and exclusive needs of the farming and rural community and businesses that support the farming and rural community, which may include the sale, receipt, private storage, and delivery of merchandise on the premises, including the following:
(a) 
The repair, body work and painting of any vehicle. Limited sales of automobiles if these automobiles were repaired at the business and used as payment for services rendered, but no more than 20 such automobiles may be sold in any twelve-month period.
(b) 
The repair and limited sales of farm equipment, but no more than 20 items of farm equipment may be sold in any twelve-month period.
(c) 
The repair, refinishing and sale of antique furniture, including crafts.
(d) 
The business of using a dwelling unit or outbuildings for social venues.
(e) 
Custom manufacturing, repair and sales of guns.
(f) 
Storage units not to exceed 36 units.
(g) 
Brewery/Distillery with eating, drinking and entertainment. (See § 400-6, Definitions.)
[Added 8-19-2021 by Ord. No. 21-08-2239]
(2) 
Light manufacturing, assembly, fabrication, repair or similar industrial activities.
D. 
Employee limitations. The entrepreneur of every home occupation special use or permitted home occupation shall be domiciled in the dwelling unit on the property where the home occupation special use business is conducted, and no more than two persons who are not domiciled in the dwelling unit where the home occupation is conducted may be employed in connection with, or otherwise participate in, the operation of such home occupation.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
E. 
Exterior storage. Exterior storage of any equipment, material, or other items associated with or used in connection with any home occupation shall be stored within an enclosed structure or behind solid fencing of at least eight feet in height.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
F. 
Signs. Only business signage will be allowed in accordance with Article XIII, Sign Regulations.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
G. 
Accessibility requirements. Any building permit application for any work involving new construction, alteration or repair for a home occupation use, or any application for a special use home occupation, shall be accompanied by a certificate of compliance to the Illinois Accessibility Code.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
H. 
Floor area limitations for special use home occupations. The total cumulative floor area of accessory buildings or structures on a lot or parcel devoted to a special use home occupation use shall not exceed 10,000 square feet.
[Amended 8-10-2017 by Ord. No. 17-08-1560]
[Added 10-15-2005 by Ord. No. 08-10-1599]
A small wind energy system is allowed as a permitted use; a site plan shall be submitted to the Department of Building and Zoning demonstrating compliance with the following restriction;
A. 
Setbacks. All parts of the structure of a small wind energy system, including the tower, base, footings, and turbine but excluding guy cables and their anchors, shall be set back a distance equal to 110% of the system height from all adjacent property lines, road rights-of-way, railroad rights-of-way, and rights-of-way for overhead electrical transmission or distribution lines. Guy cables and their anchors shall meet the setback requirements for accessory structures in the zoning district in which the system is proposed to be located.
B. 
Noise. The small wind energy system shall not exceed a noise level of 60 decibels as measured at the closest property line. The noise level may be exceeded during short-term events such as utility outages and/or severe wind storms.
C. 
Building permit applications shall be accompanied by standard drawings of the system structure, including the tower, base, footings, and guy cables certified by a licensed professional engineer. This certification may be supplied by the manufacturer.
D. 
Notifications regarding aircraft. Small wind energy systems shall comply with all applicable regulations of the FAA, including any necessary approvals for installations closer than two miles to an airport as set forth in § 400-17 of this chapter. The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approval. If the system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the applicant shall notify all such crop dusting businesses no later than five business days prior to submitting a building permit application. Copies of letters must be included in the building permit application. Orange safety balls shall be installed on each side of towers where guy wires are used for towers over 80 feet in height.
E. 
Local utility company notification. Grid-tie wind energy systems must be installed to utility company specifications. It is the responsibility of the installer to contact the local utility company for details, regulations and file appropriate applications/documents; as this may vary from power provider. Copies of all applications/documents shall be submitted upon acceptance to the Stephenson County Zoning Administrator to be held on record.
F. 
Minimum distances. The distance between any protruding blades utilized on a small wind energy system and the ground shall be a minimum of 15 feet as measured at the lowest point of the arc of the blades.
G. 
Radio and television signals. The small wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the applicant shall correct the problem within 90 days of the problem.
H. 
Appearance. The small wind energy system shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.
I. 
Removal upon end of useful life. When a system reaches the end of its useful life and can no longer function, the owner of the system shall remove the system within 120 days of the day on which the system last functioned. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.
J. 
Fencing. The tower shall be enclosed with a fence of at least six feet in height or the base of the tower shall not be climbable for a distance of eight feet measured from the ground.
K. 
Required safety features. The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
L. 
Tower. The upright portion of a small wind energy system to which the primary generator devices are attached.
M. 
System height shall be measured from height above grade of the highest point of the are of the blades and shall be limited as follows:
A-1, A-2 Districts, B-1 through M-2 Districts
E-1 through R-6 Districts
Acreage
Height
Height
0.99 or less acre
50 feet
50 feet
1 to 1.99 acres
65 feet
65 feet
2 to 4.99 acres
80 feet
80 feet
5 or more acres
150 feet
80 feet
[Added 12-12-2012 by Ord. No. 12-12-1943]
A. 
Persons residing in Residential Districts E-1 through R-5 may keep or maintain chickens.
B. 
Private restrictions on the use of property shall remain enforceable and take precedence over this section. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association bylaws, and covenant deeds. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
C. 
A person who keeps or houses chickens on his or her property shall comply with all of the following requirements:
(1) 
The principal use of the person's property is for a single-family dwelling or two-family dwelling.
(2) 
No person shall keep any rooster.
(3) 
The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.
(4) 
A person shall not keep chickens in any location on the property other than in the back yard. For purposes of this section, "back yard" means that portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family or two-family structure and extending to the side lot lines.
(5) 
No covered enclosure or fenced enclosure shall be located closer than 10 feet to any property line of an adjacent property.
(6) 
A person shall not engage in chicken breeding, egg production, meat production or fertilizer production for commercial purposes.
(7) 
A covered enclosure or fenced enclosure shall not be located closer than 40 feet from any residential structure on an adjacent property.
(8) 
For purposes of this section, "adjacent property" means all parcels of property that the applicant's property comes into contact with at one or more points, except for parcels that are legally adjacent to but are in fact separated from the applicant's property by a public or private street.
(9) 
All stored feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.
(10) 
If the above requirements are not complied with, the County may initiate prosecution for a civil infraction violation.
D. 
Feed and water. Chickens shall be provided with access to feed and water.
E. 
All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three cubic feet of manure shall be stored on the permitted tract of land. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
F. 
The owner shall not allow his or her chickens to roam off the owner's tract of land. No dog or cat or other domesticated animal which kills a chicken at any location other than the owner's tract of land will, for that reason alone, be considered a dangerous or aggressive animal for purposes of the County's responsibility to enforce its animal control provisions.
G. 
A person who is raising chickens has the liberty to do so, but with liberty comes responsibility to be considerate of thy neighbors.
[Added 3-9-2017 by Ord. No. 17-03-1514; amended 12-13-2017 by Ord. No. 17-12-1793; 8-23-2018 by Ord. No. 18-08-1910; 5-18-2023 by Ord. No. 23-05-70]
A. 
Definitions. Notwithstanding any other definitions provided elsewhere in the Stephenson County (County) Zoning Ordinance, the following definitions apply to the terms listed below as used in this section:
ABANDONMENT
Occurs when deconstruction has not been completed within six months after the commercial solar energy facility reaches the end of its useful life. For purposes of this definition, a commercial solar energy facility shall be presumed to have reached the end of its useful life if the commercial solar energy facility fails to produce electricity for a continuous period of 12 months; or if the owner fails, for a period of six consecutive months, to pay any property owner amounts owed in accordance with any written agreement between the facility owner and property owner relating to the facility, including, but not limited to, an easement, option, lease, or license agreement relating to the siting, construction, or operation of the facility on the property owner's real property.
APPLICANT
A person or entity who submits a special use permit application to the Director of Building and Zoning for the siting and operation of any commercial solar energy facility, substation, and/or supporting facilities, pursuant to this section. All references to an applicant in this section shall include applicant's successors-in-interest and assigns, which includes a commercial solar energy facility permittee, as applicable.
APPLICATION
An application for a special use permit filed with the Director of Building and Zoning pursuant to this section.
COMMERCIAL OPERATION DATE
The calendar date on which the commercial solar energy facility produces power for commercial sale, not including test power.
COMMERCIAL SOLAR ENERGY BUILDING PERMIT
A permit necessary for the commencement of work performed toward the construction, erection or installation of an approved commercial solar energy facility, substation, and/or supporting facilities. A commercial solar energy building permit may only be issued by the Director of Building and Zoning after a commercial solar energy facility has obtained a special use permit from the County Board and the Director of Building and Zoning determines that all conditions imposed by the special use permit, if any, have been satisfied. The commercial solar energy building permit shall require the applicant to deliver a written "Notice to Proceed" for the commercial solar energy facility to the Director of Building and Zoning and County Board prior to commencement of construction of the commercial solar energy facility. The term "commencement of construction," as used in this section, includes any site development work (e.g., demolition, grubbing, grading, excavation, road work, construction of project-related structures and infrastructure improvements, etc.) regarding the commercial solar energy facility, substation(s), or supporting facilities.
COMMERCIAL SOLAR ENERGY FACILITY (OR "FACILITY")
Any device or assembly of devices that is ground installed and uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property, with a nameplate capacity of equal or greater to 500 kilowatts. This includes all solar panels, cells or modules, components, solar panel mounts and racking systems, helical piles, ground screws, ballasts or other anchoring systems, substations, transmission lines, access roads, storage containers, supporting facilities, and equipment associated with the generation and storage of electricity by the commercial solar energy facility. This includes a facility seeking an extension of a permit to construct granted by the County before January 27, 2023 (the effective date of the amendatory Act of the 102nd General Assembly to 55 ILCS 5/5-12020.)
COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE
An applicant who applies for and receives a special use permit under this section for the siting and operation of any commercial solar energy facility or substation. All references to a commercial solar energy facility permittee in this section shall include a commercial solar energy facility permittee's successors-in-interest and assigns.
DIRECTOR
The Director of the Stephenson County Building and Zoning Department.
FINANCIAL ASSURANCE or FINANCIAL SECURITY or DECOMMISSION SECURITY
Assurance from a credit-worthy party, examples of which include a surety bond (e.g., performance and payment bond), trust instrument, cash escrow, or irrevocable letter of credit that is acceptable to the County, with the County as the beneficiary.
GROUND INSTALLED
The installation of a commercial solar energy facility, with the primary purpose of solar energy generation for wholesale or retail sale, on a parcel or tract of land.
LOCAL EMERGENCY RESPONSE AUTHORITIES
Each local law enforcement agency, fire department, fire protection district and rescue units, emergency medical service providers and emergency management service providers that have jurisdiction over any part of the facility.
NONPARTICIPATING PROPERTY
Real property that is not a participating property as defined in this section.
NONPARTICIPATING RESIDENCE
A residence that is located on nonparticipating property and that is existing and occupied on the date that a special use permit application is filed with the Director of Building and Zoning.
NOTICE TO PROCEED
A written document, named as such, stating that the applicant expresses an intent to commence construction activities on a commercial solar energy facility and identifying the date on which the construction activities are scheduled to commence.
OCCUPIED COMMUNITY BUILDING
Any one or more of the following buildings that exists and is occupied on the date that the special use permit application is filed with the Director of Building and Zoning: a school, place of worship, day-care facility, public library, or community center.
OPERATOR
The person or entity responsible for the day-to-day operation and maintenance of a commercial solar energy facility, including any third-party subcontractors. The operator must be a qualified solar power professional. All references to an operator in this section shall include an operator's successors-in-interest and assigns.
OWNER
i) A person or entity with a direct ownership interest in the facility, regardless of whether the person or entity is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, or ii) at the time the facility is being developed, a person or entity who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person or entity will own or operate the facility. "Owner" does not include the owner of a participating property (unless the property owner has an equity interest in a WECS facility); or any person or entity holding a security interest in a WECS facility solely to secure an extension of credit, or a person or entity foreclosing on such security interest, provided that after foreclosure, such person or entity seeks to sell the WECS at the earliest practicable date.
PARTICIPATING PROPERTY
Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, license or other rights to use the real property for the purpose of siting, constructing, or operating a commercial solar energy facility, substation, or supporting facilities. "participating property" also includes real property that is owned by a facility owner for the purpose of siting, constructing, or operating a commercial solar energy facility, substation, or supporting facilities.
PARTICIPATING RESIDENCE
A residence that is located on participating property and that is existing and occupied on the date that an application for a special use permit is filed with the Director of Building and Zoning.
PROFESSIONAL ENGINEER
An professional engineer licensed to practice engineering in the State of Illinois. Where a structural engineer is required to take some action under terms of this section, a professional engineer may serve as the structural engineer if he or she has the appropriate structural engineering certification.
PROTECTED LANDS
Real property that is subject to a permanent conservation right consistent with the real property Conservation Rights Act[1] or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.[2]
PUBLIC CONSERVATION LANDS
Land owned in fee title by county, state or federal agencies and managed specifically for conservation purposes, including, but not limited to, county, state and federal parks, state and federal wildlife management areas, state scientific and natural areas, and federal wildlife refuges and waterfowl protection areas. Public conservation lands do not include private lands upon which conservation easements have been sold to government agencies or nonprofit conservation organizations. Public conservation lands also do not include private lands for which the owners have entered into contractual relationships with government or nonprofit conservation organizations for conservation purposes.
SPECIAL USE PERMIT
A permit, subject to the requirements of this section, approved by the Stephenson County Board, after a public hearing, allowing for the siting, construction, and operation of a commercial solar energy facility, substation, and/or supporting facilities at a specified location subject to compliance with specified conditions as may be required by the County Board.
SUBSTATION
The apparatus that collects and connects the electrical collection system of the commercial solar energy facility and increases the voltage for connection with the utility's transmission lines.
SUPPORTING FACILITIES
The transmission lines, electrical power lines utilized for the conveyance of power within or from a facility to the electric grid, operations and maintenance buildings, access roads, fencing, lighting, storage containers, and any other equipment associated with the generation and storage of electricity by the commercial solar energy facility.
[1]
Editor's Note: See 765 ILCS 120/0.01 et seq.
[2]
Editor's Note: See 525 ILCS 30/1 et seq.
B. 
Applicability.
(1) 
This section governs the siting of commercial solar energy facilities, substations and supporting facilities for such facilities.
C. 
Prohibition.
(1) 
No commercial solar energy facility, substation or supporting facilities governed by this section shall be constructed, erected, installed, or located within the County, unless prior siting approval has been obtained pursuant to a special use permit under this section.
D. 
Commercial solar energy facility special use permits application.
(1) 
An applicant for a special use permit must submit a special use permit application with the Director of Building and Zoning that complies with the requirements of this section.
(2) 
In addition to any information required by § 400-92 of the County's Zoning Ordinance, a special use permit application under this section shall contain or be accompanied by the following information:
(a) 
A commercial solar energy facility summary, including, to the extent available: (a) a general description of the project, including (i) its approximate overall nameplate generating capacity, (ii) the potential equipment manufacturer(s), (iii) type(s) of solar panels, cells and modules, (iv) the number of solar panels, cells and modules, (v) the maximum height of the solar panels at full tilt, (vi) the number and proposed locations of substations, (vii) the number and proposed locations of any operations and maintenance buildings, (viii) a project site plan, project phasing plan and project construction timeline plan, and (ix) the general location of the project; and (b) a description of the applicant, owner and operator, including their respective business structures;
(b) 
The name(s), address(es), and phone number(s) of the applicant(s), owner and operator, and all property owner(s), if known, and documentation demonstrating land ownership or legal control of the property;
(c) 
A site plan for the commercial solar energy facility showing the planned location of solar panels, including legal descriptions for each site, participating and nonparticipating residences, occupied community buildings, parcel boundary lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, operations and maintenance buildings, electrical cabling to the substation(s), ancillary equipment, supporting facilities, third-party transmission lines, the location of any wetlands, floodplain, drainage structures including surface ditches and subsurface drainage lines, underground mines, scenic and natural areas within 1,500 feet of any part of the proposed commercial solar energy facility, and the layout of all structures within the geographical boundaries of any applicable setback;
(d) 
A proposed decommissioning plan for the commercial solar energy facility;
(e) 
All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this section;
(f) 
An Agricultural Impact Mitigation Agreement (AIMA) executed between the applicant and the Illinois Department of Agriculture;
(g) 
The topographic map shall include the commercial solar energy facility site and the surrounding area;
(h) 
Any other information normally required by the County as part of its permitting requirements for siting buildings or other structures;
(i) 
Waivers from the setback requirements executed by the occupied community building owners and/or the nonparticipating property owners bearing a file stamp from the County Recorder of Deeds Office confirming that the waiver was recorded against title to the affected real property;
(j) 
Results and recommendations from the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool or a comparable successor tool;
(k) 
Results of any United States Fish and Wildlife Service's information for Planning and Consulting environmental review or a comparable successor tool that is consistent with any applicable United States Fish and Wildlife Service's solar wildlife guidelines;
(l) 
Information demonstrating that the commercial solar energy facility will avoid protected lands;
(m) 
Any other studies, reports, certifications, or information requested by the County or the County consultants that is necessary to evaluate the siting application and operation of the commercial solar energy facility and to demonstrate that the commercial solar energy facility meets each of the regulations in this section.
(3) 
Material changes to the application are not permitted once the notice of the public hearing has been published.
(4) 
The applicant shall submit 12 copies of the special use permit application to the County, and at least one copy in electronic format.
E. 
Design and installation.
(1) 
Design safety certification.
(a) 
Commercial solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), or an equivalent third party. All solar panels, cells and modules; solar panel mounts and racking, including any helical piles, ground screws, ballasts, or other anchoring systems shall be new equipment commercially available; no used or experimental equipment shall be used without the approval of a variance by the County Board.
(b) 
Following the granting of siting approval under this section, a professional engineer shall certify, as part of the commercial solar energy facility building permit application process, that the design of the commercial solar energy facility is within accepted professional standards, given local soil, subsurface and climate conditions.
(2) 
Electrical components. All electrical components of the commercial solar energy facility shall conform to applicable local, state, and national laws, regulations, and codes, and relevant national and international standards (e.g., ANSI and International Electrical Commission).
(3) 
Height. No component of a solar panel, cell or modules may exceed 20 feet in height above the ground at full tilt.
(4) 
Aesthetics and lighting.
(a) 
Vegetative management plan. The applicant shall include as a part of its application, a Vegetation Management Plan, designed to maximize community benefits, including, but not limited to, reduced stormwater runoff, flooding, and erosion at the facility, improved soil health, and increased foraging habitat for birds and pollinators. The Vegetative Management Plan shall require the commercial solar energy facility permittee to plant, establish and maintain for the life of the facility vegetative ground cover throughout the facility, consistent with the goals of the Pollinator-Friendly Solar Site Act (525 ILCS 55/1). The Vegetation Management Plan must also be consistent with short-term and long-term property management practices that provide and maintain native and noninvasive naturalized perennial vegetation to protect the health and well-being of pollinators, as set forth in the applicable Illinois Department of Natural Resources guidelines for commercial solar energy facility Vegetation Management Plans.
(b) 
Vegetative screening plan. The applicant shall include as a part of its application a Vegetative Screening Plan which shall provide for a continuous line of native evergreen foliage and/or native shrubs and/or native trees and/or any existing wooded area and/or plantings of tall native grasses and other native flowering plants at and throughout the facility, designed to screen the facility from the sight lines from neighboring roads or properties.
(c) 
Lighting. Any lighting shall be for security and safety purposes only. If lighting is provided at the facility, any lighting shall be of a low intensity, shielded and downcast such that light does not extend substantially onto any adjacent nonparticipating property.
(d) 
Intraproject power and communication lines. All power lines used to collect power and all communication lines shall be buried underground at a depth in accordance with the Agricultural Impact Mitigation Agreement until same reach the property line of a substation.
(5) 
Fencing. A fence of at least six feet and not more than 25 feet in height shall enclose and secure the commercial solar energy facility.
(6) 
Warnings.
(a) 
A conspicuous warning sign regarding voltage must be placed at the base of all pad-mounted transformers and substations.
(b) 
Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires (if any) up to a height of 15 feet from the ground.
(7) 
Setback requirements.
(a) 
The commercial solar energy facility shall be sited as follows, with setback distances measured from the nearest edge of any component of the facility:
[1] 
Occupied community buildings and residences on nonparticipating properties: 150 feet to the nearest point on the outside wall of the structure;
[2] 
Nonparticipating residences: 150 feet to the nearest point on the outside wall of the structure;
[3] 
Boundary lines of participating property: None;
[4] 
Boundary lines of nonparticipating property: 50 feet to the nearest point on the property line of the nonparticipating property;
[5] 
Public road rights-of-way: 50 feet the nearest edge of the public road right-of-way.
(b) 
The setback requirements for nonparticipating properties may be waived by the written consent of the owner(s) of each affected nonparticipating property. The applicant does not need to obtain a variance from the County upon waiver by the property owner of any of the above setback requirements. Any waiver of any of the above setback requirements shall run with the land and be recorded with the Recorder of Deeds of the County.
(8) 
Compliance with additional regulations: Nothing in this section is intended to preempt other applicable state and federal laws and regulations.
(9) 
Use of public roads.
(a) 
An applicant proposing to use any County, municipal, township or village road(s), for the purpose of transporting commercial solar energy facility or substation parts and/or equipment for construction, operation, or maintenance of the commercial solar energy facility or substation(s), shall:
[1] 
Identify all such public roads in its application; and
[2] 
Obtain applicable weight and size permits from relevant government agencies prior to construction.
(b) 
To the extent an applicant must obtain a weight or size permit from the County, municipality, township or village, the applicant shall, as a part of its application:
[1] 
Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage; and
[2] 
Any proposed public roads that will be used for construction purposes shall be identified and approved in writing by the respective Road District Commissioner and the County Engineer prior to the granting of the special use permit. Traffic for construction purposes shall be limited to these roads. All overweight and/or oversized loads to be transported on public roads may require a permit from the respective highway authority. Any road damage caused by the transport of the facility's equipment, the installation, maintenance, or removal, must be completely repaired to the reasonable satisfaction of the Road District Commissioner and the County Engineer. The Road District Commissioner and County Engineer may choose to require either remediation of road repair upon completion of the Community solar energy facility or are authorized to collect fees for overweight and/or oversized load permits. Further, financial assurance in an amount and manner to be fixed and approved by the Road District Commissioner to ensure the Road District or the County that future repairs are completed to their reasonable satisfaction shall be provided. Applicant shall submit a draft form of said financial assurance as part of its.
[3] 
Road use agreement.
[a] 
Enter into a road use agreement with the County and each affected road district that includes the following provisions, at a minimum:
[i] 
Project layout map;
[ii] 
Transportation impact analysis;
[iii] 
Pre-construction plans;
[iv] 
Project traffic map;
[v] 
Project scope of repairs;
[vi] 
Post-construction repairs;
[vii] 
Insurance;
[viii] 
Financial security in forms and amounts acceptable to the County.
[b] 
If an agreement allowing for overweight vehicles is reached, such road use agreement shall require the applicant to be responsible for the reasonable cost of improving roads used to construct commercial solar energy facility and the reasonable cost of repairing roads used by the facility owner during construction of the Community solar energy facility so that those roads are returned to their pre-construction state and are in a condition that is safe for the driving public after the completion of the commercial solar energy facility construction. Roadways improved in preparation for and during the construction of the Community solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities. Any such road use agreements shall be submitted as a part of the application.
(c) 
All repairs and improvements to public roads and roadway appurtenances shall be subject to the prior approval of the County Engineer before being made and shall also be subject to inspection and acceptance by the County Engineer after such repairs and improvements are completed. The County's road use agreement, and any further agreements contemplated therein, regarding the maintenance and repair of public roads and highways, must be approved by the County Board prior to the County Board's approval of any special use permit and any approval of any commercial solar energy facility building permit application.
(10) 
Site assessment. To ensure that the subsurface conditions of the site will provide proper support for the commercial solar energy facility and soil restoration, the applicant, at its expense, shall provide soil and geotechnical boring reports to the County Engineer as part of its commercial solar energy facility building permit. The applicant shall follow any guidelines submitted by the County Soil and Water Conservation District. Also, the applicant shall submit grading plans for the proposed substation(s) and operation and maintenance building(s) for review and comment by the County Soil and Water Conservation District prior to the issuance of any commercial solar energy facility building permit. The County's Soil and Water Conversation District's Land Evaluation and Site Assessment report for the proposed commercial solar energy facility shall be submitted as a part of the applicant's special use permit application.
(11) 
Noise levels. Noise levels from commercial solar energy facilities and substations shall be in compliance with applicable sound limitations established by the Illinois Pollution Control Board (IPCB) under 35 III. Adm. Code Parts 900, 901 and 910. As part of its application, the applicant shall submit manufacturer's sound power level characteristics and other relevant data regarding noise characteristics necessary for a competent noise analysis and demonstrate, through the use of a qualified professional, compliance with the applicable noise requirement, which shall include, at a minimum, a baseline pre-operation background study consistent with all IPCB Regulations.
(12) 
Agricultural impact mitigation. Pursuant to 505 ILCS 147/15(a), the applicant, at its expense, shall enter into an Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture prior to any public hearing required before a siting decision on the commercial solar energy facility application. All impacted agricultural land, whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the applicant pursuant to the terms of the Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture. The applicant shall submit the executed Agricultural Impact Mitigation Agreement to the County as part of the special use permit application.
(13) 
Protected lands. The applicant, at its expense, shall provide evidence of consultation with the Illinois Department of Natural Resources (IDNR) for setbacks from protected lands, including areas identified by the Illinois Nature Preserve Commission (INPC) as part of its application. The applicant must include the setback recommendations of the IDNR in its application and shall demonstrate that the project was designed to avoid any protected lands identified by the IDNR and INPC.
(14) 
Historic preservation study. The applicant, as part of its application and at its expense, shall provide evidence of consultation with the Illinois State Historic Preservation Office (ISHPO) to assess potential impacts on state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act (20 ILCS 3420/1 et seq.) and demonstrate its compliance with any recommendations provided by the ISHPO for the proposed facility.
(15) 
Avian and wildlife impact study. The applicant, at its expense, shall have a third party, qualified professional, such as an ornithology or wildlife biologist, conduct an avian and wildlife impact study and submit said study as part of its application. All parts of a commercial solar energy facility shall be located, designed, constructed, and operated so as to avoid and if necessary mitigate the impacts to wildlife. Said study shall include, but not be limited to, a consultation with the Illinois Department of Natural Resources and United States Fish and Wildlife Services.
(16) 
Identification of adjacent and contiguous properties. The applicant shall provide a list of the names and addresses of all property owners as taken from the latest adopted tax rolls, whose property is adjacent and contiguous to the lot(s) of record of which all or a portion of is subject to the special use application. The applicant shall also provide a list of the owners of all participating Properties, which shall include the nature of applicant's rights to the participating properties.
(17) 
As-built map and plans. Within 60 calendar days of completion of construction of the commercial solar energy facility, the applicant or operator shall deliver "as-built" maps, site plan and engineering plans for the commercial solar energy facility that have been signed and stamped by a professional engineer and a licensed surveyor.
(18) 
Engineer's certificate. The commercial solar energy facility engineer's certificate shall be completed by a professional engineer and shall certify that the specific soils and subsurface conditions at the site can support the apparatus, given local soil, subsurface and climate conditions. The commercial solar energy facility engineer's certificate shall be a public record and shall be submitted as part of the special use permit application.
(19) 
Conformance with approved application and plans. The applicant shall construct and operate the commercial solar energy facility in substantial conformance with the construction plans contained in the special use permit application, any conditions placed upon the operation of the facility in the special use permit, this section and all applicable state, federal and local laws and regulations.
(20) 
Decommissioning plan and site reclamation plans. Applicant (or owner, if different from applicant) must submit a decommissioning plan with cost estimation to the County as part of its application and provide testimony supporting the calculation of costs provided in said plan during the public hearing on the application. Prior to receiving any building permit for the commercial solar energy facility, the applicant or owner shall provide a decommissioning agreement and post the required financial assurances for the benefit of the County. The decommissioning agreement and financial assurances shall comply with 55 ILCS 5/5-12020. Periodically, and as required by the Agricultural Impact Mitigation Agreement entered into by the applicant or owner and the Illinois Department of Agriculture, the owner must update the decommissioning plan, cost estimations and provide update financial assurances to the benefit of the County.
(21) 
Signage. Signage is to be consistent with ANSI standards. A conspicuous warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations, and at all entrances to the commercial solar energy facility.
(22) 
Additional terms and conditions.
(a) 
All technical submissions as defined in the Professional Engineering Practice Act of 1989 [225 ILCS 325/4(w)] and contained in the special use permit application shall be prepared and signed by an Illinois professional engineer for the relevant discipline.
(b) 
The County may retain a qualified, independent code inspector or professional engineer both to make appropriate inspections of the commercial solar energy facility during and after construction and to consult with the County to confirm that the construction, substantial repair, replacement, repowering and/or decommissioning of the commercial solar energy facility is performed in compliance with applicable electrical and building codes. The cost and fees so incurred by the County in retaining said inspector or engineer shall be promptly reimbursed by the applicant of the commercial solar energy facility.
(c) 
Any special use permit granted to the applicant shall bind and inure to the benefit of the applicant, its successors-in-interest and assigns. If any provision in this section, or conditions placed upon the operation of the commercial solar energy facility is held invalid, such invalidity shall not affect any other provision of this section that can be given effect without the invalid provision and, to this end, the provisions in this section are severable.
(d) 
The applicant shall provide an executed road use agreement between the applicant and the appropriate governing road and highway jurisdictions or the Illinois Department of Transportation, to the County Engineer and Director of Building and Zoning showing approved entrances prior to the issuance of any commercial solar energy facility building permit.
(e) 
The applicant shall submit, as part of its application, an emergency response plan, consistent with the requirements of Subsection F(2) of this section.
(f) 
The applicant shall install locked metal gates at the access road entrances of all facility locations. A security lock box shall be installed near the locked gate to facilitate access in case of emergencies.
(g) 
Aviation protection. For Facilities located within 500 feet of an airport or within approach zones of an airport, the applicant shall complete and provide the results of the Solar Glaze Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the interim policy, FAA Review of solar energy projects on Federal Obligated Airports, or most recent version by the FAA.
F. 
Operation.
(1) 
Maintenance.
(a) 
Annual report. The applicant must submit, on an annual basis on the anniversary date of the County Board's granting of the special use permit, an operation and maintenance report to the Director of Building and Zoning. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the commercial solar energy facility and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, appearance, safety, lighting and use of any public roads received by the applicant concerning the commercial solar energy facility and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; and (v) a general summary of service calls to the commercial solar energy facility. Failure to provide the annual report shall be considered a material violation of this section and subject to Article XI (Remedies).
(b) 
Re-certification. Any physical modification to any part of the facility that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under Subsection E(1)(a) of this section. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require re-certification. Prior to making any physical modification (other than a like-kind replacement or other modifications made in the ordinary course of operations), the applicant shall confer with a relevant third-party certifying entity, approved by the County Engineer, to determine whether the physical modification requires re-certification.
(2) 
Coordination with emergency responders.
(a) 
The applicant shall submit to the local emergency responders a copy of the site plan standard operating procedures (SOPs) and standard operating guidelines (SOGs), and any amendments to such documents, all local emergency response authorities so that such agencies may evaluate and coordinate their emergency response plans with the applicant.
(b) 
The applicant, at its expense, shall provide annual training for, and the necessary equipment to, the operator and local emergency response authorities and their personnel so that they can properly respond to a potential emergency at the commercial solar energy facility.
(c) 
The applicant and the operator shall cooperate with all local emergency response authorities to develop an emergency response plan. The plan shall include, at a minimum twenty-four-hour contact information (names, titles, email addresses, cell phone numbers) for the applicant and the operator and at least three designated commercial solar energy facility representatives (a primary representative with two alternate representatives, each of whom are on-call "24 hours per day/seven per week/365 days per year"). Any change in the designated commercial solar energy facility representative or his/her contact information shall be promptly communicated to the County. The content of the emergency response plan, including the twenty-four-hour contact information, shall be reviewed and updated on an annually basis.
(d) 
Nothing in this section shall alleviate the need to comply with all other applicable life safety, fire/emergency laws and regulations.
(3) 
Water, sewer, materials handling, storage and disposal.
(a) 
All solid wastes related to the construction, operation and maintenance of the commercial solar energy facility shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.
(b) 
All hazardous materials related to the construction, operation and maintenance of the commercial solar energy facility shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.
(c) 
The commercial solar energy facility shall comply with existing septic and well regulations as required by the County Health Department and the State of Illinois Department of Public Health.
(4) 
Drainage systems.
(a) 
The applicant, at its expense, will repair, in a prompt and timely manner, all waterways, drainage ditches, agricultural drainage systems, field tiles, or any other private and public infrastructure improvements damaged during construction, maintenance and operation phases of the commercial solar energy facility and in accordance with the Agricultural Impact Mitigation Agreement.
(b) 
Pursuant to 55 ILCS 5/5-12020, notwithstanding any other provision of law, a commercial solar energy facility permittee ("permittee") is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code (70 ILCS 605/1-1 et seq.) without obtaining prior agreement or approval from the drainage district, except that the facility owner or permittee shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial solar energy facility within a reasonable time after construction of the commercial solar energy facility is complete.
(5) 
Complaint resolution. The applicant shall, at its expense and in coordination with the Director of Building and Zoning, develop a system for logging and investigating complaints related to the facility. The Complaint Resolution Plan shall be a part of the application. The applicant shall resolve such nonemergency complaints on a case-by-case basis and shall provide written confirmation to the Director of Building and Zoning. All costs and fees incurred by the County in attempting to or resolving complaints shall be reimbursed by the owner or permittee. The applicant shall also designate and maintain for the duration of the facility either a local telephone number or a toll-free telephone number and an email address as its public information/inquiry/and complaint hotline which shall be answered by a customer service representative 24/7 basis. The applicant shall post the telephone number(s) and email address(es) for the customer service representative(s) in a prominent, easy to find location on their websites and on conspicuous signage at each entrance to the facility and any operations and maintenance buildings. The applicant shall provide the Building and Zoning Director a list of all complaints received on an annual basis or upon request.
G. 
Liability insurance and indemnification.
(1) 
Commencing with the issuance of a commercial solar energy facility building permit, the applicant (permittee) shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death and illness, and property damage with limits of at least $1,000,000 per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the notice to proceed by the applicant for the commercial solar energy facility, in coverage amounts of at least $1,000,000 per occurrence and $2,000,000 in the aggregate during the life of the commercial solar energy facility. The applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a commercial solar energy facility building permit, corresponding policies and endorsements to be provided within 60 days of issuance, and at each subsequent renewal, at least annually thereafter. The certificate of insurance shall name the County and its officers, appointed and elected officials, employees, attorneys, engineers and agents as an additional insured.
(2) 
The applicant (permittee) shall defend, indemnify and hold harmless the County and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the indemnified parties) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance and removal of the commercial solar energy facility, including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence) or any acts or omissions of the applicant, the owner or the operator under this section or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities arise from the gross negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the County's other indemnification rights available under the law.
H. 
Remedies.
(1) 
The applicant's failure to materially comply with any of the provisions under the Special use permit, any conditions imposed on the facility, and/or failure to comply with any law or regulation shall be a default and shall be grounds for revocation of the special use permit pursuant to the procedures set forth at § 400-92J(3) of the Stephenson County Zoning Ordinance.
(2) 
Prior to implementation of the applicable County procedures for the resolution of default(s), the County Board must first provide written notice to the applicant (permittee) and operator, setting forth the alleged default(s) and provide an opportunity for the applicant or the operator to cure the default(s) within a thirty-calendar day period from the date of the notice. Should the applicant commence the cure within that thirty-day cure period, and diligently pursues a cure, then the applicant shall receive an additional 60 days to continue to pursue the cure before the County pursues procedures for the resolution of default. If the default relates to a life safety issue or interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant or the operator shall take all necessary and available commercial measures to immediately cure the default. If the applicant or operator cannot cure the default(s) or resolve the alleged default(s) within the cure period, then procedures for the revocation of special use permits set forth at § 400-92J(3) shall govern.
I. 
Fee schedule and permitting processes.
(1) 
Application fees.
(a) 
At the time of its submission of its commercial solar energy facility special use permit application, the applicant must submit a certified check to the County for the necessary application fee.
(b) 
Should the actual costs to the County exceed the submitted application Fee, the applicant shall be responsible for those additional costs and shall remit additional funds to the County within 15 days of receipt of a request from the County. No hearings on an application shall be conducted nor final decisions rendered on an application if there are application fees due to the County.
(2) 
All costs to be paid by applicant or owner.
(a) 
The Zoning Board of Appeals or County Board may also retain the services of a third-party expert to review technological evidence presented by the applicant and the applicant shall be liable for the costs of such third-party expert. The Zoning Board of Appeals or County Board may secure the services of an independent safety consultant to conduct periodic inspections and the applicant shall be liable for the costs of such inspections. The applicant shall also pay all costs incurred by the County, including, but not limited to, those costs associated with all offices, boards and commissions of the County. This includes, but is not limited to, the direct or indirect costs associated with the hearing, permitting, operations, inspections, decommissioning, litigation, related attorney's fees, disputes, and/or negotiations.
J. 
Review, hearing and consideration of special use application.
(1) 
Upon the submission of an application under this section and the necessary application fees, the Director of Building and Zoning Officer shall schedule a date for a public hearing before the Zoning Board of Appeals. The public hearing shall be held within 45 days of the submission of the application and necessary application fees. Notice of the public hearing must be published in a newspaper of general circulation not more than 30 days and not less than 15 days prior to the public hearing. The content of the notice must be consistent with the requirements of 55 ILCS 5/5-12009.5.
(2) 
The Zoning Board of Appeals must also give at least 15 days' notice before the hearing to (i) any municipality whose boundaries are within 1.5 miles of any part of the property proposed as a special use and (ii) the owner or owners of any land adjacent to or immediately across any street, alley, or public right-of-way from the property proposed as a special use. The applicant shall submit, with its application, mailing labels for all such municipalities and property owners. The applicant must pay for the costs of publication and mailing of the notices. It is the applicant's burden to identify all municipalities and property owners that are entitled to notice of the public hearing pursuant to this section and 55 ILCS 5/5-12020(c). The applicant may elect to issue the necessary notices itself, but must make such election in writing, as part of its application.
(3) 
The applicant shall present at least one witness to testify at the hearing in support of its application. The Zoning Board of Appeals shall promulgate procedures for such hearings, which shall be consistent with the Open Meetings Act[3] and allow members of the public a reasonable opportunity to present evidence and cross-examine the applicant and its witnesses.
[3]
Editor's Note: See 5 ILCS 120/1 et seq.
(4) 
The Zoning Board of Appeals shall submit a written report and recommendation to the County Board within 15 days after the close of the public hearing.
(5) 
The County Board must make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing.
(6) 
No commercial solar energy facility special use permit application which has been denied wholly or in part by the County Board may be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence of proof of change of conditions found to be valid by the Director of Building and Zoning.
K. 
Hearing facilitator.
(1) 
The County may engage the services of a hearing facilitator. The hearing facilitator shall be an independent contractor who shall conduct a hearing in accordance with all applicable rules of the board and the county but has no adjudicatory responsibility other than ruling on requests for continuances, procedural matters, admissibility of evidence and the propriety of any arguments.
(2) 
The hearing facilitator shall be an attorney, licensed to practice in the State of Illinois. The applicant shall reimburse the County for the fees and costs charged by the facilitator.
L. 
Hearing factors.
(1) 
The County Board may approve a special use permit application, if it finds the evidence complies with federal, state, and local laws and regulations, and with the standards of this section.
(2) 
Special use permit conditions and restrictions. The County Board may stipulate conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the commercial solar energy facility as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this section.
(3) 
Revocation.
(a) 
In any case where a special use permit has been approved for under this section, the applicant shall apply for a commercial solar energy facility building permit from the County and all other permits required by other government or regulatory agencies to commence construction and commence and actively pursue construction of the project within 24 months from the date of the granting of the special use permit. If the applicant fails to apply for a commercial solar energy facility building permit from the County and all other permits required by other government or regulatory agencies prior to construction and/or fails to commence and actively pursue construction of the project within the twenty-four-month period, then without further action by the County Board, the special use permit authorizing the construction and operation of the commercial solar energy facility shall be automatically revoked and void. Upon written request supported by evidence that the applicant has diligently pursued issuance of all necessary government and regulatory permits for the project required to commence construction and that any delay in commencement of construction of the project is due to conditions out of his/her/its control, the County Board, in its sole discretion, may extend the above twenty-four-month period by passage of an ordinance that amends the special use permit.
(b) 
The special use permit shall be subject to revocation pursuant to the procedures set forth at § 400-92 of the Stephenson County Zoning Ordinance, if the permittee dissolves or ceases to do business, abandons the commercial solar energy facility or the commercial solar energy facility ceases to operate for more than 12 consecutive months for any reason.
(c) 
Subject to the provisions of Subsection H (Remedies), a special use permit may be revoked by the County Board if the commercial solar energy facility is not constructed, installed and/or operated in substantial conformance with the County-approved project plans, the regulations of this section and the stipulated special use permit conditions and restrictions.
(4) 
Transferability; owner or commercial solar energy facility permittee. The applicant shall provide written notification to the Director of Building and Zoning and the County Board upon the change in ownership of a commercial solar energy facility. The phrase "change in ownership of a commercial solar energy facility" includes any kind of assignment, sale, lease, transfer or other conveyance of ownership or operating control of the commercial solar energy facility or any portion thereof. The applicant or successors-in-interest or assignees of the special use permit, as applicable, shall remain liable for compliance with all conditions, restrictions and obligations contained in the special use permit, the provisions of this section and applicable county, state and federal laws.
(5) 
Modification. Any modification of a commercial solar energy facility that alters or changes the essential character or operation of the commercial solar energy facility in a way not intended at the time the special use permit was granted, or as subsequently amended, shall require a new special use permit. The applicant, permittee, or authorized representative, shall apply for a new special use permit prior to any modification of the commercial solar energy facility.
(6) 
Permit effective date. The special use permit shall become effective upon approval of the special use ordinance by the County Board or as otherwise provided by the County Board.
M. 
Interpretation. The provisions of this section shall be held to the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of Stephenson County.
N. 
Severability. If any section, paragraph, clause, phrase or part of this section is for any reason held invalid by any court or competent jurisdiction, such decision shall not affect the validity of the remaining provisions of these regulations.
O. 
When effective. This section shall be in full force and effect from and after its passage, publication and approval as required by law.
[Added 8-23-2018 by Ord. No. 18-08-1911]
A. 
Intent. To permit and regulate by special use short-term residential rentals within Stephenson County, to insure the public health, safety and welfare, and to provide standards for approval.
B. 
Application and fee requirements. An operator approval of a special use permit under this section shall submit a complete application to the Zoning Administrator. The application shall include proof of ownership of, or the legal right to rent, a dwelling unit and all information reasonably necessary for the Zoning Administrator to determine whether the applicable standards for approval provided in Subsection C have been met.
C. 
Standards for approval. The Zoning Administrator shall approve, or approve with conditions, an application for a short-term rental only upon a finding that the application complies with all of the following applicable standards:
(1) 
Maximum occupancy will be based on two adult people per bedroom.
(2) 
The dwelling unit must meet all residential building, Health Department, and safety codes by a yearly inspection performed by local health authorities.
(3) 
The operator shall provide ample off-street parking to accommodate occupant's vehicles.
(4) 
The appearance of the dwelling shall not conflict with the residential character of the neighborhood. The structures shall be properly maintained, and kept in good repair, in order that the use in no way detracts from the general appearance of the neighborhood. Garbage must be kept in a closed container and disposed of on a regular weekly schedule.
(5) 
No sign shall be posted to advertise the availability of the short-term residential rental unit to the public.
(6) 
The owner shall keep on file with the County Zoning Office and Sheriff's Department the telephone number of a contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information must be current and posted in a conspicuous location within the dwelling unit. The Contact person must be available to accept telephone calls on a twenty-four-hour basis. The contact person or designated agent must have a key to the rental unit and be able to respond to the short-term rental within 60 minutes to address issues. The owner shall notify neighboring dwelling units within 300 feet from the rental dwelling unit, in writing, that the property is a permitted short-term rental and shall provide a telephone number of the rental agency or local contact person as required in this section.
(7) 
The owner or a managing agency or agent or contact person shall provide the tenant or lessees of a short-term residential rental with the following information prior to occupancy of the premises and post such information in a conspicuous place within the dwelling.
(a) 
The name of the contact person with a twenty-four-hour number where they shall be reached.
(b) 
Notification of the maximum .number of overnight occupants permitted on the premises pursuant to this section.
(c) 
Notification of the parking standards of this section.
(d) 
A copy of this updated section.
(8) 
All land-based recreational activities to be limited to rented premises and shall not encroach on neighboring properties.
(9) 
Campfires in designated "fire pit" areas away from trees, and property lines. Fires must be attended at all times and properly extinguished after use.
(10) 
Short-term tenants shall not create a nuisance as described in Chapter 309 of the Stephenson County Code.
[Added 4-21-2022 by Ord. No. 22-04-24]
A. 
Track: A course built for the operation of motorized vehicles which operate in a repetitive continuous manner or an area where recreational motorized vehicles operate in a repetitive continuous manner or an area where recreational motorized vehicles, through their repetitive use, have altered or changed the natural contour of the landscape and created a clearly identifiable track.
B. 
Permitted sites: Sites which meet the following criteria are permitted uses in Stephenson County, unless prohibited by a more restrictive ordinance:
(1) 
The parcel of land is not in a residential zoning district.
(2) 
The track must be located a minimum of 1,000 feet from any residence, or residentially zoned district, except that of the owner.
(3) 
The track must be located a minimum of 1,000 feet from a livestock shelter and/or arena, except that of the owner of the track.
(4) 
There must be a 50-foot minimum setback from a track to the property line.
[Added 9-22-2022 by Ord. No. 22-09-90]
A. 
Site plan to include:
(1) 
Number, location, and size of all lots intended for use by recreational vehicles, domes, tents, yurts, or any other structure used for temporary living quarters.
(2) 
Location of parking lots, roadways, and walkways.
(3) 
Location of service buildings, sanitary stations, and any other existing or proposed structures.
B. 
Recreational vehicle parks and campgrounds shall only be permitted to operate between April 1 and October 31. Recreational vehicle parks and campgrounds shall remain closed for the remainder of the year except for workers with contracts for year-round projects. The Zoning Department must be shown proof of year-round contracts and be notified when works will be arriving and shown their departure date.
C. 
Quiet hours from 10:00 p.m. to 7:00 a.m., Monday through Thursday, and 11:00 p.m. to 7:00 a.m., Friday through Sunday.
D. 
Noise control. The park management shall be responsible for controlling noise within the park to levels which do not exceed the state EPA rules and regulations.
E. 
Setbacks. All recreational vehicles, domes, tents, yurts, or any other structure used for temporary living quarters must be a minimum 150 feet setback from the adjacent property line with no structure facing the perimeter property line that has a residential dwelling.
F. 
Bulk requirements.
(1) 
Size of park or campground. The size of each recreational vehicle park or campground shall be regulated according to the following classes:
Class A
500 acres
Class B
300 to 500 acres
Class C
100 to 300 acres
Class D
25 to 100 acres
Class E
10 to 25 acres
Class F
5 to 10 acres
Class G
3 to 5 acres
G. 
Density. Density shall vary according to classes and shall be based on total acreage.
Class A
An overall density of 6 lots per acre
Class B
An overall density of 7 lots per acre
Class C
An overall density of 8 lots per acre
Class D
An overall density of 8 lots per acre
Class E
An overall density of 9 lots per acre
Class F
An overall density of 9 lots per acre
Class G
An overall density of 10 lots per acre
H. 
Campground must hold a valid Illinois Department of Health Campground License.
I. 
The park owner/manager shall provide the County Zoning Office with the yearly Illinois Department of Health Campground License.
J. 
Accessory structures. Decks and porches may be placed adjacent to the recreational vehicles, provided they are not attached to the recreational vehicle. If the total combined area of covered decks and porches exceeds 120 square feet, a building permit will be required.
[Added 9-22-2022 by Ord. No. 22-09-91]
A. 
Applicability.
(1) 
The requirements of this section shall apply to all BESS permitted, installed, or modified pursuant to the Stephenson County Zoning Ordinance after the effective date of this section, excluding general maintenance and repair.
(2) 
Modifications to, retrofits or replacement of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.
B. 
General requirements.
(1) 
A building permit shall be required for installation of all BESS.
(2) 
All BESS, all dedicated use buildings, and all other building or structures that contain or are otherwise associated with a battery energy storage system, shall be designed, erected, and installed in accordance withal applicable provisions of the Illinios Law, Federal Law, adopted by the State of Illinios or Stephenson County, and all applicable rules and regulation of the State of Illinios.
C. 
Requirements for Tier 1 battery energy storage systems.
(1) 
Tier I BESS shall be permitted in all zoning districts, subject to the issuance of a building certificate by the Director of Stephenson County Building and Zoning.
D. 
Requirements for Tier II battery energy storage systems.
(1) 
Tier 2 BESS are permitted through the issuance of a special use permit in zoning districts as provided in the Attachment 1, Table of Special Uses, of the Stephenson County Zoning Code and shall be subject to the site plan application requirements as set forth in this section as well as all applicable provisions of Illinois Law, adopted by the State of Illinois or Stephenson County, and all application rules and regulations of the State of Illinois.
(2) 
Applications for the installation of a Tier 2 BESS shall be reviewed by the Stephenson County Director of Building and Zoning for completeness. An application shall be complete when it addresses all matters listed in this section, including but not limited to compliance with all applicable provisions of Illinois Law, Federal Law, adopted by the State of Illinios, or Stephenson County and all applicable rules and regulations of the State of Illinois; and matters relating to the proposed BESS and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree cutting, noise, decommissioning, site plan, special use, ownership changes, safety, and permit time frame and abandonment. Applicants shall be advised within 10 business days of the completeness of their application or any deficiencies that must be addressed.
(3) 
Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, except for the main service connection at the utility company right-of-way.
(4) 
Signage shall be in compliance with ANSI Z35 (American National Standards Institute Specifications for Accident Prevention) and shall include the type of technology associated with the BESS, any special hazards associated, the type of suppression system installed in the area BESS, and twenty-four-hour emergency contact information, including reach-back phone numbers. As required by the NEC (National Electric Code), disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(5) 
Lighting of the BESS shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(6) 
Vegetation shall be cleared of all combustible vegetation and other combustible growth. Single specimens of tree, shrubbery, or cultivated ground cover such as green grass, ivy, or similar plants used as ground covers shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire.
(7) 
The average noise generated from the BESS, components and associated ancillary equipment shall not exceed the recommended noise level of state or federal recommendations.
(8) 
BESS shall be sited to avoid wetlands, floodplains, and other environmental concerns.
(9) 
No BESS or related structure shall be located closer than 25 feet to the inside of the facility fence line. No BESS shall be located adjacent to or within 500 feet of a residentially zoned district or adjacent residence. All setbacks shall be measured form the fencing surround the BESS that is nearest to the relevant property line, building or highway right-of-way.
(10) 
In the event a BESS ceases to be used as such, the owner or owner operator shall remove the BESS and all related property thereto. The site shall be restored to its original condition. This provision for restoration of the site to its original condition shall be contained in all leases or other similar agreements relating to participating property. Signed copies of all lease or other agreements regarding participating property shall be furnished to the Stephenson County Director of Building and Zoning.
(11) 
Decommissioning plan. Prior to the date of the required hearing, the applicant, owner, and/or operator shall show proof of an Agricultural Impact Mitigation Agreement (AIMA) with the Illinios Department of Agriculture.
E. 
Tier 2 site plan application.
(1) 
Property lines and physical features, including roads for the project site.
(2) 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(3) 
An electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all NEC-compliant disconnects and other current devices.
(4) 
A preliminary equipment specification sheet that documents the proposed BESS components, inverters and associated electrical equipment that are to be installed.
(5) 
Commissioning plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in all applicable provisions of the Illinois law, Federal Law, and all applicable rules and regulations of the State of Illinois or Stephenson County. Commissioning the BESS shall be conducted by a licensed professional engineer after the installation is complete but prior to final inspection and approval. A report describing the results of the system commissioning shall be provided to the Stephenson County Director of Building and Zoning.
(6) 
Fire safety compliance plan shall document and verify that the system and its associated controls and safety systems are in compliance with the National Fire Protection Association (NFPA) 855.
(7) 
Erosion and sediment control and stormwater management shall comply with the requirements of all applicable provisions of the Illinois Law, Federal Law, adopted by the State of Illinois or Stephenson County, and all applicable rules and regulations of the State of Illinois prior to the issuance of and occupancy certificate.
(8) 
Emergency operations plan shall be provided to the system owner, the local fire departments and the local fire code official. A permanent copy shall also be place in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(a) 
Procedures for safe shutdown, deenergizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries and for safe startup following cessation of emergency conditions.
(b) 
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(c) 
Procedures to be followed in response to notifications form the BESS when provide, that could signify potentially dangerous conditions, including shutting down equipment, summoning service, and repair personnel, and providing agreed-upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, deenergizing equipment, and controlling and extinguishing the fire.
(d) 
Other procedures as determined necessary by the Stephenson County Emergency Management Agency to provide for the safety of the occupants, neighboring properties, and emergency personnel.
(e) 
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
F. 
Local fire department training, equipment, and cost of emergency response.
(1) 
The owner or operator of any BESS approved pursuant to this section shall provide at its own expense training to all fire departments whose jurisdiction includes the site of the said BESS. This training shall be for potential fire issues that are site specific and could arise from the BESS or any other related operation on the site. This training shall be provided on an annual basis or when a fire department requests addition training related to the BESS.
(2) 
In addition to training, the owner and/or operator shall provide at its own expense any specialized equipment designed partially or exclusively for use in conditions that exist with respect to BESS to any fire department that has jurisdiction over the site. The owner or operator shall additionally provide at its own expense the training on any such specialized equipment,
(3) 
In the event of a response for prevention, cleanup, containment, or abatement of an actual or potential fire, spill, and/or release of hazardous materials, the owner and/or operator of the site shall pay for all costs and expenses incurred as a result of such response, including but not limited to actual labor costs of the response organizations and/or emergency management personnel involved in the response thereto for prevention, mitigation, containment, cleanup or abatement of the actual or potential discharge of hazardous materials, cost of equipment operation, damage and loss, cost of material obtained directly by the response organization and cost of any contract labor an material incurred by any governmental body.
G. 
Fencing.
(1) 
Tier 2 BESS, including all mechanical equipment, shall be enclosed by a fence with a self-locking gate to prevent unauthorize access unless house in a dedicated-use building and not interfering with ventilation or exhaust ports.
H. 
Site access.
(1) 
BESS shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 BESS is in an ambulance district, the local ambulance district.
I. 
Permit time frame and abandonment.
(1) 
The special use permit and site plan approval for a BESS shall be valid for a period of 24 months from the date of issuance of the special use permit. The BESS shall be considered abandoned when it ceases to operate consistently for more than one year.
J. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AIMA
Agricultural Impact Mitigation Agreement.
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE SYSTEM (BESS)
One or more devices, assembled, capable of storing energy to supply electrical energy at a future time, not to include a standalone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
(1) 
TIER 1A BESS that has an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consists of only a single energy storage system technology. A rechargeable BESS typically used to provide standby or emergency power and/or uninterruptable power supply, load shedding, load sharing, or similar capabilities relating to the energy consumed by a residence, farm operation or other businesses on site. Permitted in all zoning districts and shall be subject to a building certificate.
(2) 
TIER 2A BESS that has an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
BATTERY(IES)
A single cell or group of cells connected electrically in a series, in a parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this article, batteries utilized in consumer products are excluded from these requirements.
CELL
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
A systematic process that provides documented confirmation that a BESS functions according to the intended design criteria and complies with applicable code requirements.
DEDICATED-USE BUILDING
A building that is built for the primary intention of housing battery energy storage system equipment.
FIRE CODE
The fire code of the State of Illinois, as currently in effect and as hereafter amended from time to time.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
NON-DEDICATED-USE BUILDING
All buildings that contain a BESS and do not comply with the dedicated-use building requirements.
NONPARTICIPATING PROPERTY
Any property that is not a participating property.
NONPARTICIPATING RESIDENCE
Any residence located on nonparticipating property.
OPERATOR
An individual, organization, association, or entity of any kind that operates a BESS.
OWNER
An individual, organization, association, or entity of any kind that owns a BESS.
PARTICIPATING PROPERTY
A BESS host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the BESS owner (or affiliate) regardless of whether any part of a BESS is constructed on the property.
[Added 6-20-2024 by Ord. No. 24-06-78]
The following standards shall apply:
A. 
All structures, outdoor use areas, or loading areas shall be located at least 100 feet from any residentially zoned districts or any lot containing a dwelling as a principal use.
B. 
No loading or distribution activities shall take place outside of an enclosed building between the hours of 11:00 p.m. and 6:00 a.m.
C. 
No outdoor amplified sound will be permitted after 11:00 p.m. within 500 feet of any residentially zoned districts or any lot containing a dwelling as a principal use.
D. 
Food sales/service, wastewater/sewage disposal and potable water supplies shall meet the requirements of the County Health Department.
E. 
The facility shall meet the performance standards of this chapter. 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.
[Added 9-19-2024 by Ord. No. 24-09-123]
A. 
Temporary use permit. The Zoning Administrator is authorized to issue a permit for temporary use provided it meets the requirements of this section. The permit shall be issued for a specified period and may contain health, safety, animal, and traffic restrictions, and may require such assurances or guarantees of compliance with condition as its reasonable and appropriate under the circumstances.
B. 
Temporary uses permitted:
(1) 
Christmas tree sales. Christmas tree sales for a period not to exceed 60 days. Display of Christmas trees need not comply with the applicable setback requirements, provided that no display will encroach within the required setback for any district by more than 50% and no display or equipment shall be located within the sight distance triangle of a street intersection as defined in this section.
(2) 
Contractor's offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within 30 days after completion of the project development or after revocation of building permits, or on order by the Zoning Administrator upon a finding by him that said temporary structure is deemed hazardous to the public health and welfare.
(3) 
Real estate offices. Temporary real estate offices or sales offices may be established in a display dwelling unit. Mobile homes shall not be utilized for real estate offices.
(4) 
Amusement activities. The Zoning Administrator is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Zoning Administrator may request a report be submitted with respect to any public health aspect of the proposal and with respect to any traffic or public safety aspect of the proposal if appropriate. For the purpose of this subsection, "amusement activity" includes a circus, carnival, festivals, fair, art display, craft sales/show, antique sales/show, swap meet, trade or animal show, vehicle show, concert, dance, rally, parade, athletic competition, haunted house/barn, corn maze, pumpkin patch, and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period not exceeding 10 days with the exception of a haunted house/barn, and/or corn maze, pumpkin patch or similar activity, which shall be issued for a specific period not exceeding 60 days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Zoning Administrator may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit is in addition to any zoning certificate, air pollution device, construction or operating permit, or license required by law for any proposed activity or facility. No more than two temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided, however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private of corporate profit and used exclusively for religious worship, for schools and colleges, for purposes of purely charitable, or for agricultural and horticultural societies.
(5) 
Temporary conceal carry range. A facility in the A-1 District used as a temporary shooting range for the qualifying shooting portion of a concealed class. No more than 12 temporary conceal carry range permits shall be issued in any calendar year with regard to any particular property. For purposes of this definition, property is defined as a zoning lot(s) of record.
C. 
Application and review procedures:
(1) 
An application for a temporary use permit shall be filed with the Zoning Administrator at least 30 days in advance of the date of the event.
(2) 
Applications must include a site plan or map showing the location of the structures, improvements, parking areas and other features that exist or are proposed on the site.
(3) 
When the applicant for a temporary use permit is not the owner of the property on which the event will occur, the applicant must submit proof of the owner's authorization which shall be in writing, dated, signed by the owner and contain sufficient information to identify the property and the proposed special event.
(4) 
Multiple event periods require a temporary use permit for each scheduled event.
(5) 
Every temporary use shall comply with this section and all local regulations. The Zoning Administrator or County Board may impose other conditions as part of the temporary use permit approval to achieve the purposes of this section and to protect the public health, safety, and welfare.
D. 
Standards:
(1) 
The temporary use will not cause or threaten to cause an on-site or off-site threat to the public health, safety, and welfare.
(2) 
The temporary use will be operated in accordance with fire department restrictions and conditions.
(3) 
The additional vehicular traffic reasonably expected to be generated by a temporary use will not have undo detrimental effects on surrounding streets and uses and does not block handicapped or fire lanes.
(4) 
Provisions have been made for waste disposal (solid and human) and for clearing debris, to be approved by the local Health Department. Approval must be provided to the Zoning Administrator.
(5) 
Temporary food establishments will be operated in accordance with County ordinances, to be approved by the local Health Department.
(6) 
The location of paved or graded ingress and egress for emergency, police, and regulatory traffic, including parking areas and traffic control locations.
(7) 
General liability insurance is required for all temporary use event. Dram shop insurance is required for any temporary use event at which liquor is to be sold.
(8) 
If applicable, the appropriate liquor license, issued pursuant to the Stephenson County Liquor Commission.
(9) 
The time required for event set-up and tear-down is to be no more than 48 hours in advance of the temporary use and no more than 48 hours post temporary use.
E. 
Violations. Noncompliance with this section or violation of any terms of a temporary use permit may result in the reduction of the number of temporary use permits for which a property is eligible in a calendar year, or in a prohibition on additional temporary use permits being granted for that property for a period of one year from the date of the noncompliance or violation.