In addition to the standards and criteria established in section 2.7, herein, no special use permit shall be granted for the following uses unless evidence is presented to establish the standards and criteria set forth herein can be completely satisfied.

In addition to the standards and criteria established in section 2.7, herein, no special use permit shall be granted for the use(s) listed below unless evidence is presented to establish the standards and criteria set forth herein.

A.

All uses in commercial and industrial districts shall be subject to the following conditions:

1.

All rooftop mechanical service equipment shall be screened from view from grade level of any street, park, parking lot, or from grade of adjoining property. All mechanical equipment shall be screened or colored to match or blend in with the field color of the building.

2.

All uses shall be conducted within completely enclosed buildings unless otherwise specified.

3.

Parking lots shall be screened from the sidewalk by low walls, fences or hedges.

4.

Outdoor storage, trash collection, and loading areas. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas when visible from adjoining properties and/or public streets shall be screened, recessed or enclosed. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances.

a.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from adjacent streets.

b.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street or public sidewalk.

c.

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

d.

Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

5.

Delivery and loading operations. Delivery and loading operations shall not disturb adjoining neighborhoods or other uses. No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the lot owner submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 db as measured at the lot line of any adjoining property.

B.

All parking garages shall be subject to the following conditions:

1.

Parking decks shall not directly face a street. When a parking deck faces directly on a street the ground floor shall have retail shop fronts fronting the adjacent street.

2.

Parking decks shall be concealed from view by being placed behind buildings or disguised with architectural design and/or ornamentation.

3.

Parking decks shall be constructed of same or similar materials on surrounding buildings.

C.

All uses with live music shall be subject to the following conditions:

1.

Live music shall not be audible off the premises at decibel levels greater than normal background noise after 11:00 p.m., if such establishments are located within 300 feet of a residence.

D.

All uses with outdoor seating shall be subject to the following conditions:

1.

Outdoor seating, tables and canopies may encroach upon public sidewalks but shall not obstruct any sidewalks or streets.

2.

Recorded music shall not be audible off the premises at decibel levels greater than normal background noise.

It is the intent of the following to govern the operation of certain transitory or seasonal uses. The Zoning Enforcement Officer, upon receipt of an application for a temporary use permit, shall notify all other County departments that may be affected by the use.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023)

Applications for a temporary use permit shall be made to the zoning enforcement officer at least 14 days before the commencement of the temporary use. Applications shall be obtained from the zoning enforcement officer. The zoning enforcement officer is authorized to issue a permit for a temporary use provided it meets the requirements in section 4.2.

Submitted applications shall contain the following information:

A.

The commonly known address, and property index number of the property to be used, rented, or leased for the temporary use;

B.

A detailed description of the proposed use;

C.

The applicant's name and the property owner's name (if different than applicant) as well as any vendor, promoter, or organization involved in the planning and/or operation of the event;

D.

The name and cell phone number of an on-site manager who must be present for the entire event;

E.

Site plan as specified herein;

F.

Provisions for waste disposal (solid and human). Provisions/facilities must be approved and licensed according to the Private Sewage Disposal licensing Act (225 ILCS 225) and the Private Sewage Disposal Code (III. Admin. Code tit. 77, § 905);

G.

Provisions for temporary food service facilities;

H.

Paved or graded ingress and egress for emergency, police, and regulatory traffic;

I.

Approximate dimension of area designated for on-site parking;

J.

Fifty-foot setback from all rights-of-way and all other property lines for all sales areas, seating areas, activities, performance and event areas, and parking areas;

K.

Compliance with applicable building and fire codes;

L.

Traffic control;

M.

Provisions for clearing debris;

N.

Hours of operation.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

A.

The following are considered temporary uses and are subject to specific regulations and time limits, in addition to the regulations of any zoning district in which the uses are located.

1.

Animal Show/Rodeo. A temporary use permit may be issued for the showing of animals and displays of their performance in both formal and informal competitions and practices of ten or more participants and/or spectators within the A-1, A-2, B-1, and B-2 districts. Events sponsored by public agencies do not require a temporary use permit. A permit for an animal show/rodeo shall be valid for not more than one day. No more than four permits shall be issued for any single location per year. Each permit is not renewable. Each event shall be at least 21 days apart on a single property.

a.

Hours of Operation (defined as when event is open to the public and excluding set-up time): Animal shows/rodeos located within the A-1 and A-2 district shall operate within the hours of 11:00 a.m. to 8:00 p.m. Animal shows/rodeos located within the B-1 and B-2 district shall operate within the hours of 10:00 a.m. to 10:00 p.m.

b.

Animal Safety Plan. For each Animal Show and Rodeo, an Animal Safety Plan shall be reviewed by a licensed veterinarian. The Plan shall include how animals will be cared for in the event of injury and will provide the name, address, and phone number of a licensed veterinarian who will be on-site, or available to be on-site within 45 minutes, during the entire duration of the animal show and rodeo.

c.

Participant Identification. All participants in the animal show/rodeo who interact with the animals must wear a clearly visible bib number on their back. This includes the competitors and the individuals responsible for moving the animals from place to place before, during, and after the event. The applicant and/or the property owner shall maintain a list of all such participants corresponding with their bib number and their contact information, and shall provide that list to the County upon request of the Zoning Enforcement Officer or State's Attorney's Office. This list must be kept by the applicant and/or the property owner for no less than three years after the date of the event.

d.

Weather Cancellation. Animal Show/Rodeos shall be allowed to have up to four events in a calendar year, provided that if an event date selected is cancelled due to inclement weather, the operator is guaranteed that the cancelled event does not count against his or her event allowance. The operator must notify the Zoning Enforcement Officer of the cancellation by email, prior to the start of the event. No re-application is needed for a rescheduled show unless there are changes with respect to the information required by section 4.2.2 or 4.2.3.B. If a re-application is necessary, the replacement date must be at least 14 days after the re-application is submitted. If no re-application is necessary, the replacement date can be as soon as 24 hours after the start time of the canceled show. The operator must notify the Zoning Enforcement Officer of the replacement date as soon as possible, but in no instance fewer than 24 hours before the replacement show.

2.

Carnival or circus. A temporary use permit may be issued for a carnival or circus within the B-1 and B-2 districts. The permit shall be valid for a period not longer than three consecutive days and is not renewable.

a.

Hours of operation (defined as when event is open to the public and excluding set-up time): Carnivals or circuses shall operate within the hours of 10:00 a.m. to 10:00 p.m.

3.

Christmas tree sales. A temporary use permit may be issued for the display and open-lot sale of Christmas trees within the A-1, B-1, and B-2 districts. The permit shall be valid for a period no longer than 60 consecutive days (including setup and tear-down) and is not renewable.

4.

Contractor's office, equipment shed, and/or construction trailer. A temporary use permit may be issued for a trailer for use by a building contractor as a temporary office or shelter incidental to construction on and/or development of the premises on which the trailer is located only during the time of said construction or development in all zoning districts. The permit shall be valid for not more than one year, but may be renewed.

5.

Festival. A temporary use permit may be issued within the B-1 and B-2 district, for tents or other temporary structures and related facilities to house and serve activities, such as but not limited to, public celebrations, special observances, cultural events, or entertainment programs sponsored by a local civic, religious, governmental or recognized, duly chartered fraternal organizations. The permit shall be valid for no more than three consecutive days and is not renewable.

a.

Hours of operation (defined as when event is open to the public and excluding set-up time): Festivals shall operate within the hours of 10:00 a.m. to 10:00 p.m.

6.

Flea market. A temporary use permit may be issued for the establishment of an open-air flea market for the sale of new and second-hand goods, handicrafts, and antiques by individuals each occupying separate booths or tables within the B-1 and B-2 districts. The permit shall not be valid for more than three consecutive days, not to exceed 12 calendar days per month. Not more than two renewals are allowed per calendar year.

7.

Outdoor music/entertainment event, outdoor concert (not associated with other temporary uses). A temporary use permit may be issued for outdoor music and entertainment events, outdoor concerts (not otherwise qualifying as a tent theater, religious meeting, or festival sponsored by local civic, religious, governmental organizations and recognized, duly chartered fraternal organizations) within the B-1 and B-2 districts. Said permit shall only be valid for not more than three consecutive days from the date of issuance and is not renewable.

a.

Hours of operation (defined as when event is open to the public and excluding set-up time): Outdoor music/entertainment events and outdoor concerts shall operate within the hours of 10:00 a.m. to 10:00 p.m.

8.

Real estate project sales office. A temporary use permit may be issued for a temporary real estate office in any new subdivision which has been approved by the county board in all residential districts. The office shall contain no sleeping or cooking accommodations. The permit shall be valid for not more than one year, but is renewable. The office shall be removed upon completion of the development of the subdivision. A model home may be used as a temporary sales office but must obtain a certificate of occupancy.

9.

Religious tent meeting. A temporary use permit may be issued within the B-1 and B-2 districts for a tent or other temporary structure to house religious meetings for a period of not more than three consecutive days and is not renewable.

a.

Hours of operation (defined as when event is open to the public and excluding set-up time): Religious tent meetings shall operate within the hours of 10:00 a.m. to 10:00 p.m.

10.

Retail sales. A temporary permit may be issues for the sale of general merchandise for a temporary structure within the B-1 and B-2 districts. The structure shall be removed from the property nightly. The permit shall not be valid for more than 90 consecutive days per location, but is renewable one time per calendar year.

11.

Sawmill (portable). A temporary use permit is required for the cutting and use of the trees from that parcel or lot only within the A-1 and A-2 districts. The portable sawmill shall not be located closer than 500 feet from a residence unless it is that of the owner. The permit shall be valid for six months, but may be renewed.

12.

Seasonal sales of farm product. A temporary use permit may be issued for the operation of roadside stand for the sale of farm produce which was not grown on the premises within the B-1, B-2, I-1, and I- 2 Districts. The permit shall be valid for not more than six months per year and is not renewable. No sales shall be made within 30 feet of any street or road right-of-way. For any roadside stand operating more than three months per year, an off-street parking area shall be provided and the maximum area of the roadside stand shall be 120 square feet.

13.

Tent sales. A temporary use permit may be issued for a tent to house the sale of merchandise by an established local retailer within the B-1 and B-2 districts. The permit shall be valid for not more than seven consecutive days, but may be renewed one time per calendar year.

B.

The following regulations apply to the temporary uses listed in 1, 2, 5, 7, and 9.

1.

Pre-application procedure. Application materials for similar events occurring multiple times during the calendar year may be reviewed prior to the commencement of any of the events, and approved for the event season, at the discretion of the zoning enforcement officer and review by appropriate staff. If changes to any of the application materials occur, the applicant must notify and update the county as soon as the changes become effective.

2.

Security. The Boone County Sheriff's Department shall be notified of the event by the zoning enforcement officer, and the applicant agrees to the following:

a.

Allow access to the property by the sheriff's department, health department, and the building and zoning department.

b.

A security plan to be submitted and reviewed by the sheriff that provides a description of crowd control and security measures, including traffic control at the conclusion of the event, with security personnel provided by a licensed security contractor agency licensed by the Illinois Department of Financial and Professional Regulation to provide such security services. A copy of the agency's license shall be provided.

c.

The security personnel required by paragraph b. shall be present on the premises beginning at the time the show starts, up to and through one-half hour after the event ends.

3.

Insurance. Proof of insurance shall be provided, showing evidence of a general liability policy with a limit of no less than $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury, property damage, and general liability naming the property owner as an additional insured if the applicant is other than the property owner. This shall be submitted on a standard ACORD form stating the dates of coverage and any limitations and exclusions.

4.

Liquor. If applicable, the appropriate liquor license shall be obtained in accordance with Chapter 6, Alcoholic Liquor of the Boone County Code.

5.

Food. Temporary food establishments will be operated in accordance with the Boone County Health Department permits and applicable codes.

6.

Sanitation. Sanitary facilities must be provided, and a signed contract from an Illinois licensed portable sanitation company/pumper must be submitted. Handwashing facilities must also be provided.

7.

Parking. Parking in the public right-of-way or within 50 feet of the property line is prohibited. Parking shall be contained completely on the property; no off-site parking is allowed. Any drop off and pick up shall be on the property and shall not disrupt flow of traffic on public roadways or within the right-of-way.

8.

Access. If a single access drive is used, the access shall be wide enough to accommodate two-way traffic. If the access cannot accommodate two-way traffic, then two access drives shall be used and one shall be designated as ingress and one designated as egress. No mud or debris shall be deposited within the public right-of-way.

9.

Lighting. Any outdoor lighting shall be directed down and away from residences and residential districts.

10.

Clean up. Recycling and waste receptacles shall be provided, and on- and off-site event clean up shall occur within 24 hours of the closing of the event.

11.

Spectators. Spectators shall not stay overnight on the property, unless a campground special use is separately submitted and approved.

12.

Site visit. A site visit shall be scheduled prior to the event by the zoning enforcement officer or their designee. The zoning enforcement officer shall notify the applicant of any issues with the site and work with the applicant to be in compliance. If the applicant does not come into compliance, the zoning enforcement officer shall have the right to revoke, postpone, suspend and/or cancel the temporary use permit.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Signs for temporary uses shall comply with section 5.6.

(Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

This section applies to amplified music/public address systems that are associated with a temporary use in section 4.2.3 except for section 4.2.3(A)10. Amplified music/public address systems shall be subordinate and auxiliary to the primary temporary use.

A.

All speakers for public address systems and amplified music shall be located a minimum of 100 feet from any lot line and directed to the interior of the property. If multiple parcels are associated with the event, the setbacks shall apply to all exterior lot lines.

B.

Amplified music and announcements over the public address system shall end when the principal temporary use ends.

C.

This paragraph supersedes section 48-11 of the Boone County Code; no amplified music shall be allowed on the property after the principal temporary use ends.

(Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Editor's note— Ord. No. 22-18, adopted June 9, 2022, added a new provision designated as § 4.2.5 and subsequently renumbered §§ 4.2.5—4.2.9.

The zoning enforcement officer shall issue a temporary use permit only if the following conditions have been met;

A.

All appropriate fees are paid in accordance with the fee schedule adopted by the county board;

B.

A site plan is provided and approved by all appropriate county staff. The site plan shall include:

1.

Map scale with north arrow;

2.

The actual dimensions of the lot, yard, and other open space dimensions thereof and the location and size of existing structure(s) thereon;

3.

The location(s) of required ingress and egress;

4.

Designated areas for parking, including participant and spectator parking (if applicable) and the dimensions of each;

5.

Signage;

6.

Setbacks;

C.

All other county and State of Illinois permits, if required for the proposed use, have been approved;

D.

All conditions specified in the specific regulations of this section are met;

E.

All conditions specified by the zoning enforcement officer and/or other county staff are met;

F.

The zoning enforcement officer shall have the authority to deny a temporary use permit if the applicant has a demonstrated and documented failure to comply with the regulations of a similar previously granted temporary use. The zoning enforcement officer reserves the right to deny the issuance of the temporary use permit for a specified time, based on non-compliance with section 4.2.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Editor's note— Former section 4.2.5.

A permit will be issued for all temporary uses and shall contain the following information:

A.

Applicant's name;

B.

Location, type, and effective dates of the temporary use; and

C.

Conditions specified by county authorities for the temporary use.

All permits shall be forwarded to the Boone County Sheriff's Department.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Editor's note— Former section 4.2.6.

For permits which may be renewed pursuant to this Code, applicants shall have an application filed for renewal at least 15 days prior to the expiration date of the current permit. The zoning enforcement officer reserves the right to deny the issuance or renewal of any temporary use permit for a specified time, based on non-compliance with section 4.2.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Editor's note— Former section 4.2.7.

Temporary permit fees shall be collected according to the most recent fee schedule approved by the county board. Permit fees shall be paid at time of application submittal.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Editor's note— Former section 4.2.8.

The zoning enforcement officer shall have the authority, at any time prior to or during the period for which a permit has been issued, to revoke the permit if it is determined that information is inaccurate or incomplete of which inaccuracy or omission substantially affects the event proposed or if the zoning enforcement officer becomes aware of information which they believe poses a serious threat to the health, welfare, security, or safety of any resident of Boone County or any other persons attending the event.

Violation of this code may result in, including but not limited to, denial or revocation of any future permits. The zoning enforcement officer reserves the right to revoke any future temporary use permits for a specified time, based on non-compliance with section 4.2.

(Ord. No. 11-36, § 1, 7-20-2011; Ord. No. 22-18, 6-9-2022; Ord. No. 23-13, § 1, 5-18-2023; Ord. No. 24-04, § 1, 3-22-2024)

Editor's note— Former section 4.2.9.

Home-based businesses are a necessary and desirable part of the development of a community, but if left unchecked can have a negative effect on the value, use and enjoyment of adjoining property and the neighborhood. It is necessary to establish performance standards to measure the appropriateness of the many diverse home-based businesses in Boone County. It is the intent of this section to:

A.

Ensure the compatibility of home-based businesses with other uses permitted in agriculture and residential zoning districts;

B.

Maintain and preserve the character of agriculture and residential neighborhoods;

C.

Promote the efficient use of public services and facilities by assuring that services are provided to the residential population for which they were planned and constructed, rather than provided to commercial uses; and,

D.

Prevent the generation of vehicular or pedestrian traffic in greater volumes than would normally be expected in agriculture and residential neighborhoods.

In addition to the standards and criteria established in section 2.7, herein, no home-based business, as defined herein, shall hereafter be established, altered or enlarged in any residence district unless such home-based business complies with the following performance standards in all residence districts:

A.

Employees. No more than one person who is not a permanent resident in the dwelling shall be employed in the home-based business.

B.

Areas used. The nature of the home-based business shall be that of an activity operating primarily within the home's living area. Accessory buildings may be utilized in a home-based business as follows:

1.

The use of an accessory building in conjunction with a home-based business located on any lot of a platted subdivision or unincorporated village whose principal use is residential shall be permitted by a special use permit. The special use permit, without further action by the county board, shall become null and void coincidentally with the expiration of the home-based business permit.

2.

The use of an accessory building in other rural locations shall be permitted by the home-based business permit.

C.

Area limited. No more than 25 percent of the home's living area shall be devoted to the home-based business. The area of any attics, basements, and accessory buildings shall not be used in the calculation of the home's living area.

D.

Exterior evidence. There shall be neither external alteration of the dwelling nor any other evidence indicating the existence of a home-based business.

E.

Signs. Only a nameplate in accordance with section 5.6 of this ordinance shall be permitted.

F.

Exterior storage. There shall be no exterior storage of equipment or materials used in the home-based business.

G.

Disturbances. No unreasonable noise, odor, liquid, or solid waste shall be emitted nor shall any electrical disturbance to the surrounding residents be allowed by the home-based business.

H.

Traffic. A home-based business shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the area. Complaints by neighboring residents or the general public will be very instrumental in assessing permit application approval or denial.

I.

Permit and fee required. A home-based business permit must be secured from the county zoning enforcement officer. The initial fee and annual renewal fees shall be charged in accordance with the fee schedule adopted by the county board.

J.

The following uses by the nature of their operation or investment, tend to increase beyond the limits permitted for home occupations. Therefore, the following shall not be permitted as home occupations: cannabis business establishment, cannabis craft grower, cannabis cultivation center, cannabis dispensing organization, cannabis infuser organization nor cannabis transportation organization.

(Ord. No. 20-04, § 1, 3-18-2020)

Some lots, structures, uses of land, or characteristics of use may exist which were lawful before the adoption of the districts establish in this Zoning Code, or amendments which may later be adopted, but which would be prohibited, regulated, or restricted under the regulations of this Code. It is the intent of the Code to permit these nonconformities to continue until they are removed, but not to encourage their survival under the terms this Code. Nonconformities shall not be enlarged upon, expanded, or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved. Nonconforming uses are declared incompatible with permitted uses in the districts involved.

Existing homes in agricultural districts which are nonconforming with respect to the setback from the highway may be expanded to the side or rear without need for a variation provided such enlargement complies with the required side and rear setbacks. The county engineer shall review and approve application for such enlargement or expansion prior to issuance of a building permit. In such case where the county engineer denies the application, the applicant may file a request for a variation in accordance with section 2.8.

Where at the time of passage of this Code or subsequent more restrictive amendment hereto, a lawful use of land exists which would not be permitted by the regulations imposed, the use may be continued so long as it remains otherwise lawful, provided:

A.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code.

B.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment Code.

C.

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

B.

Should such nonconforming structure or nonconforming portions of structure be destroyed by any means to an extent of more than 50 percent of its fair market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code.

C.

Should such nonconforming structure be moved for any reason for any distance it shall thereafter conform to the regulations for the district in which it is located after it is moved.

D.

A nonconforming building or structure may be maintained or repaired in order to keep the building or structure in a safe condition. A nonconforming building or structure which is nonconforming only with respect to the setback regulations for the zoning district in which it is located may altered or enlarged, provided that the alteration or enlargement does not increase the degree of any existing nonconformity, does not establish any additional nonconformity, does not occur in any required setback, and complies with all of the regulations of the zoning district in which it is located and all other applicable codes and ordinances.

If a lawful use involving individual structures with a fair market value of $1,000.00 or more, or of structure and land in combination, exists at the effective date of adoption or amendment of this Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use at the time of adoption of amendment of this Code, but no such use shall be extended to occupy any land outside of such building.

C.

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for one year, (except when government action impedes access to the premises) the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

D.

Where nonconforming use status applied to a structure and premises in combination, removal, or destructions of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the fair market value at the time of destruction.

On the nonconforming structure or portion of a structure containing a nonconforming use, ordinary repairs, or repair or replacement of nonbearing wall, fixtures, wiring or plumbing may be made to an extent not exceeding 50 percent of the fair cash market value of the nonconforming structure provided that cubic content existing when it became nonconforming shall not be expanded.

Any appeal made regarding a zoning certificate or other permit for a legally nonconforming use or structure shall follow the procedure outlined in section 2.9.

Airports shall meet the following requirements:

A.

Commercial airports shall provide at least the following facilities on the airport property area: hangar or office, wind direction indicator, fuel and oil facilities, sanitary drinking water, first aid kit, sanitary toilets, adequate fire protection equipment, automobile parking area, reasonably accessible telephone, adequate tie down facilities, and circle marker where a nonstandard traffic pattern is used.

B.

An airport is subject to the requirements of the Illinois Department of Transportation Division of Aeronautics and the Federal Aviation Administration.

C.

Maximum height of adjacent structures. No building or structure shall hereafter be erected or altered in any district in which an airport may be approved for a distance of 3,500 feet from all points on the runway center line that exceeds a height of one foot for every seven feet of horizontal distance from the center line (7:1). Further, an approach area starting at the runway end and continuing to a width of 500 feet at 3,500 feet from the runway end shall be protected from any structure of over one foot in height for each 20 feet of horizontal distance from the runway (20:1).

D.

Airports may not be initially located closer to the limits of a municipality or to the boundary of a residential zoning district, or to the lot line of an educational or institutional facility than one-half mile from the end of a runway or 1,000 feet from the center line of the runway.

Restricted landing areas shall meet the following requirements:

A.

Number of based aircraft: Only three air-worthy aircraft owned or leased by the holder of the permit for the restricted landing area may be based on the restricted landing area.

B.

Type of aircraft permitted: Aircraft operating on the restricted landing area are limited to small aircraft as described by Federal Aviation Regulations, Part 1, and are limited to 300 horse power per engine.

C.

Minimum separation: Every restricted landing area must be separated by one statute mile (5,280 feet) from any point along the center line of any other restricted landing area.

D.

Each restricted landing area must meet all current Illinois Department of Transportation Division of Aeronautics and federal regulations.

A.

All air vehicles not licensed by the FAA are considered ultralight aircraft. Due to the unique operating characteristics of ultralight aircraft, licensing procedures and minimal federal aviation regulations shall follow the procedures outlined in Federal Aviation Regulations Part 103.

B.

Special use permit required. Any ultralight aircraft landing area having six or more based air vehicles shall not be established or operated without first obtaining a special use permit in the manner prescribed in section 2.7.

C.

Type of aircraft permitted. Only air vehicles considered ultralights may be based at an ultralight aircraft landing area.

The zoning board of appeals shall review the particular facts and circumstances of each proposed mobile home park in terms of the following standards and shall find adequate evidence showing that the mobile home park development:

A.

Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

B.

Will not be hazardous or detrimental to existing or future neighboring uses;

C.

Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal, and schools; or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services;

D.

Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

E.

Will be consistent with the intent and purpose of this ordinance and the comprehensive plan;

F.

Will have vehicular approaches to the property which shall be so designed as not to create any interference with traffic on surrounding public streets or roads;

G.

Will not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance; and

H.

Will meet all applicable codes and laws.

The following are general requirements that must be met before the special use permit can be granted:

A.

Essential community facilities and services for type of mobile home park under consideration such as schools, recreation areas, and police and fire protection, shall be reasonably accessible to the park or provisions shall be made assuring these facilities and services.

B.

The park shall not be subject to hazards such as objectionable smoke, noxious odors, unusual noise, the probability of flood or erosion or the possibility of insect or rodent infestations. In no event shall any special use permit be granted where the mobile home park, or any part thereof where mobile homes are to be placed, is located within a special flood hazard area.

C.

The condition of soil, ground water or flood level drainage and topography shall be such as not to create hazards to the property or to the health and safety of the residents.

D.

Direct vehicular access to the park shall be provided by means of an abutting improved public street. Sole vehicular traffic access shall not be by an alley.

E.

Any nonresidential use of the property shall be subordinate to the residential use and character of the property and any nonresidential use if permitted shall be harmonious with the residential character of the property. Only those commercial uses for the use of or service to the mobile home park occupants shall be permitted.

F.

Combustible or flammable materials, other than individual fuel storage on each mobile home lot and not exceeding two 55-gallon capacity containers subject to approval of state fire regulations, shall not be stored or manufactured on the property.

G.

Individual services and facilities shall be established for each mobile home lot as follows:

1.

A continuous supply of safe and potable water.

2.

Sanitary facilities and safe methods of sewage disposal.

3.

Electricity for artificial lighting, and to serve electrical equipment used in the mobile home.

4.

Tenant storage, including locker of at least 90 cubic feet.

5.

Parking space.

H.

Common services and facilities shall be provided in appropriate locations:

1.

Parking space.

2.

Laundry, drying facilities and toilets.

3.

Recreation facilities.

4.

Management office.

5.

Management storage.

6.

Garbage and trash disposal.

In addition to the application requirements for a special use permit, an application for a mobile home park shall be accompanied by the following items of information:

A.

Plat of survey and relation to surrounding property.

B.

Topographic map, not less than two foot contour intervals, clearly describing property.

C.

Plans of proposed water supply and sewerage disposal.

D.

Location of tree masses, individual tree location where pertinent, streams, lakes, and existing sewer and water, gas, storm sewers, fire hydrants and other pertinent data.

E.

Test holes showing soil data required for disposal fields.

F.

The planner's name, the engineer's name and the architect's name shall be shown on all plans.

G.

All plans shall show professional competence in drawing and analysis and shall include pertinent data ordinarily used and shown on the plans by a competent landscape architect, architect, sanitary engineer or a professional engineer, in the particular field he is competent to act.

H.

The owner shall pay a fee in accordance with the fee schedule adopted by the Boone County Board, to cover the cost of the initial plan review.

A.

Size. No mobile home park shall be established on a tract of land having less than 40 acres.

B.

Lot size. The minimum size of an individual mobile home lot shall be 4,000 square feet. The average size of all lots in the mobile home park shall be 5,300 square feet, excluding streets and common areas.

C.

Setbacks.

1.

No building, structure, or trailer shall be located closer than 50 feet to any property line of the mobile home park, nor closer than 75 feet to any principal county, township, or state highway or arterial street or roadway right-of-way.

2.

Mobile homes, attached or detached garages, or any additions or appurtenances thereto shall be setback at least 20 feet from the pavement of streets, roadways, or sidewalks within the mobile home park.

3.

No part of any mobile home, attached or detached garages, or any addition or appurtenance thereto, shall be placed within 20 feet of any other mobile home, attached or detached garage, or any addition or appurtenance thereto, nor within 50 feet of any accessory or service building or structure.

4.

Patios or outdoor living space shall be adjacent the mobile home stand and shall not be less than 180 square feet. in area for each home stand.

D.

Height. No building, structure, or mobile home shall be higher than two and one-half stories or 35 feet.

E.

Streets. Mobile home park streets shall be private unless the mobile home park is built to conform to county subdivision regulation requirements.

1.

Entrance streets or streets serving 40 or more lots shall have a minimum width of 40 feet with guest parking allowed on both sides.

2.

There shall be at least one major thoroughfare for complete and uninterrupted traffic circulation within the mobile home park. This street shall be at least 24 feet wide. No parking shall be permitted. All collector streets shall meet the same width and parking requirements.

3.

Minor streets (those streets serving less than 40 lots) shall have the following minimum widths:

With parking (both sides): 34 feet.

With parking (one side): 27 feet.

With no parking: 20 feet.

4.

One-way minor streets shall be allowed when the street serves less than 20 lots. The following minimum widths shall be required:

With parking (one side): 17 feet.

With no parking: 12 feet.

5.

Culs-de-sac and turning circles shall have a minimum diameter of 100 feet.

6.

Streets shall be adapted to the topography and shall be aligned for the safety of traffic, satisfactory drainage, and proper functioning of sanitary and storm sewer systems.

7.

Intersections shall be generally at right angles with off-sets and intersections more than two streets at one point avoided.

8.

Pavements shall be protected at the edges by curbs, gutters, or other suitable edging where necessary to prevent raveling of the wearing surface and shifting of the base.

9.

Gradients of streets shall be at least 0.014-percent and not exceed on collector streets five percent and minor streets seven percent.

F.

Driveways. Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other materials, and elsewhere as needed. Driveways serving a single mobile lot shall be at least nine feet wide.

G.

Mobile home location. All mobile homes shall be located on poured concrete pads or similar durable construction. In no case shall mobile homes be allowed on concrete blocks only.

H.

Parking.

1.

Number spaces required: There shall be at least two parking spaces per mobile home located on the mobile home lot.

2.

Dimensions: Each parking space shall be at least nine feet wide and 20 feet long.

I.

Sidewalks.

1.

All sidewalks shall be of concrete or asphalt construction.

2.

Sidewalks shall be provided to every mobile home from the street or parking area.

3.

Common sidewalks shall be provided where traffic is concentrated such as near the park entrance, park office, and community facilities. Such common walks shall be at least five feet wide.

J.

Laundry facilities. Laundry facilities, when provided, shall be located where they will be easily accessible and where they will not impair views from home stands.

K.

Landscaping. Within the 50 foot setback surrounding the mobile home park, there shall be screen fencing or landscape plantings which shall be so designed or planted as to be at least 50 percent opaque when viewed horizontally between two feet and eight feet above average ground level.

L.

Recreation facilities.

1.

Recreation areas and facilities, such as playgrounds, community buildings and common open space shall be provided to meet the anticipated needs of the residents the park is designed to serve. Recreational facilities for small children should be separated from other recreational facilities.

2.

At least 20 percent of the gross site area shall be devoted to common recreational land.

M.

Garages.

1.

Mobile home parks shall not be required to provide completely enclosed parking at each lot.

2.

Each individual attached or detached garage shall not exceed 600 square feet.

3.

No individual attached or detached garage shall exceed 15 feet in height.

4.

Minimum building separation: A garage shall be set back no less than 20 feet from any adjacent structure.

5.

Building permits shall be obtained prior to the construction of any attached or detached garage.

The following services shall be properly shown on the plans:

A.

Management office. The management office shall include room for the usual office furniture and supplies and shall contain a lavatory and water closet. Suitable facilities shall be provided for mail distribution.

B.

Management storage. Storage for utility connection supplies in quantity, mobile home accessories and maintenance materials and equipment shall be provided in a separate building or in a building with other facilities.

C.

Laundry and toilets. Laundry and toilet facilities, when provided, shall comply with the following requirements:

1.

Provide laundry facilities equipped with washing machines and dryers. Satisfactory concession arrangements for washers and dryers may be accepted if suitable water, plumbing and electrical facilities are provided for installation of such equipment.

2.

At each laundry location, provide for each sex at least one lavatory and one water closet in a distinctly marked room with sound resistant wall and with vestibule or screen wall which prevents view inside when the door is open.

3.

Finish material of toilet rooms and laundry shall be moisture resistant and capable of withstanding frequent washing and cleaning.

D.

Setbacks.

1.

From property lines: 50 feet.

2.

From right-of-way: 75 feet.

3.

From other structures and mobile homes: 50 feet.

A.

Water supply.

1.

The objective is to furnish an adequate supply of safe water of satisfactory quality under adequate pressure to all mobile homes and utility buildings and in addition, to furnish an adequate supply for fire protection, and shall be shown on proper plan or plans.

2.

Water supply systems shall comply with the Illinois Administrative Code Title 77: Public Health, Chapter I: Department of Public Health, Subchapter q; Mobile Homes, Part 860 Manufactured Home Community Code.

3.

If applicable, water supply systems shall be reviewed and approved by the county health department.

B.

Sewage disposal.

1.

The objective is to furnish each mobile home and utility building with an adequate and safe method of sewage disposal by a water carriage sewerage system.

2.

Sewage disposal systems shall comply with the Illinois Administrative Code Title 77: Public Health, Chapter I: Department of Public Health, Subchapter q; Mobile Homes, Part 860 Manufactured Home Community Code.

3.

If applicable, sewage disposal systems shall be reviewed and approved by the county health department.

C.

Drinking fountains. Drinking fountains shall be provided in or near park or play areas. Drinking fountains shall conform to all state and local health authority requirements.

D.

Fire protection. The system shall meet the standards for adequate fire protection as established the National Fire Protection Association.

E.

Garbage and trash disposal.

1.

The objective is to dispose of garbage and trash in a safe manner without creating a nuisance or unsanitary condition.

2.

Wherever reasonable, garbage and trash collections and disposal shall be by means of a public system.

3.

Wherever a public system is not reasonable, arrangements for the disposal of garbage and trash shall be approved by the Illinois State Department of Public Health and Boone County Health Department.

4.

To be acceptable, arrangements and agreements for garbage and trash disposal shall cover a period of at least one year.

5.

Individual collection units or trash cans shall be placed below the ground level or kept out of public view in similar manner.

F.

Collection stations. Unless individual garbage and trash collection is provided, a permanent location shall be selected for garbage and trash containers. Satisfactory racks or holders upon concrete platforms or other acceptable methods shall be provided which will minimize spillage and container deterioration and visual pollution. Trash storage areas shall be screened from view with landscaping, fence or wall or a combination thereof equal to the height of the trash storage receptacles being screened.

G.

Codes and regulations. The complete electrical system shall be new and parts thereof shall comply with the more restrictive requirements of the currently adopted Building and Electrical Codes. In the absence of clarifying codes, installations shall comply with the National Electrical Code unless otherwise modified herein.

H.

Utility lines. All utility distribution, collection and service lines, wires and cables, shall be underground within the mobile home park.

I.

Exterior lighting. Adequate lights shall be provided to illuminate streets, driveways, and walkways, for the safe movement of vehicles and pedestrians at night.

J.

Telephone service. When telephone service to mobile home stands is provided, the distribution system shall be underground, and shall be in general conformance with the placement of the electrical distribution system.

All required site improvements to be installed under the provisions of this section shall be inspected at the owner's expense by a qualified registered professional person who, when the work is completed, shall certify to the Boone County Board that the work complies in all respects with the approved plans and specifications. Construction authorized under a building permit shall be inspected by the county building department.

It is the purpose of this section to establish regulations and standards for surface mining operations and to provide for conservation and reclamation of lands affected by surface mining in order to restore them to optimum future productive use. Earth materials extraction, processing, and site reclamation shall be determined and permitted on a special use basis.

A.

The extraction of earth materials (gravel, peat, sand, and stone) may be allowed as a Special Use in any I-2 District, and in the A-1 district when the use is the subject of a Settlement Agreement and Consent Order existing prior to 2006, and shall follow the procedure for Special Uses as specified in Section 2.7 of this Ordinance, as well as the provisions of this Section 4.7.

B.

The extraction of earth materials (topsoil and clay) may be allowed as a special use for work towards remediation of Superfund sites or closed landfills in any A-1 or I-2 district and shall follow the procedure for special uses as specified in section 2.7 of this ordinance, as well as the provisions of this section 4.7.

(Ord. No. 19-15, § 1, 3-20-2019)

If surface mining operations are conducted upon a parcel of land not exceeding two acres in total area and upon which is less than ten feet overburden, by the owner thereof for the single purpose of improving the agricultural use of that parcel or another parcel in his ownership or that of his spouse or children, the owner thereof shall file with and to the satisfaction of the zoning enforcement officer and the approval of the zoning administrator his affidavit that the foregoing conditions are applicable. Such mining operations may be conducted without a hearing before the zoning board of appeals and without approval of the county board. The zoning enforcement officer shall make available to the owner, the necessary form of application and affidavit.

Any person, firm or corporation desiring to commence the mining and processing of topsoil, earth, clay, gravel, sand, stone or other minerals shall make written application for a special use permit to the zoning administrator. Application for such permit shall be made upon a form furnished by the zoning administrator, which form shall contain a description of the tract, or tracts, of land and the number of acres thereof to be mined by the applicant and which description shall include the section, township, range and county in which the land is located and shall otherwise describe the land and that portion thereof to be mined with sufficient certainty so that it may be located and distinguished from other lands, and a statement that the applicant has the right and power by legal estate owned to mine and reclaim that land so described. Such application shall be accompanied by ten copies of the following:

A.

A detailed map of the land drawn at a scale of one inch equals 100 feet showing at least the following specifics:

1.

Existing topographical features at two foot contour intervals, up to and including seven percent grade. Greater than seven percent grade would require five-foot counters.

2.

Location of water courses and drainage systems.

3.

Outline of area to be excavated.

4.

The proposed location of sorting, grading, crushing, and similar equipment necessary to the operation and initial distribution of the excavated products.

5.

The proposed location of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas.

B.

Statements shall be provided regarding:

1.

Ownership of land.

2.

Minerals to be mined.

3.

Character and composition of vegetation and wildlife of the site and the surrounding area to be mined.

4.

The nature, depth and proposed disposition of the overburden.

5.

The estimated depth to which the mineral deposit will be mined.

6.

The technique to be used in surface mining.

7.

Estimated type and volume of excavation.

8.

The equipment proposed to be used.

9.

Practices and methods proposed to be used to minimize noise, dust, air contaminants and vibration and to prevent pollution of surface or underground water.

10.

The recycling of water used for washing and grading.

11.

The proposed usage or drainage of excess water.

C.

A detailed reclamation plan and map drawn to a scale of one inch equals 100 feet designating which parts of the land shall be reclaimed for forest, pasture, crop, horticultural, home site, recreational, industrial, or other use including food, shelter and groundcover for wildlife, and shall show the same by appropriate designation on the reclamation plan. The reclamation plan and map shall specify progress and completion dates of the reclamation plan; provided, however, the reclamation is to be completed prior to the expiration of three years after termination of the mining operation on the land. In the event the operator and the country shall mutually determine that characteristics of the area concerned have been found to be present during the conduct of mining, changes may be made in the original reclamation plan mutual consent of the operator and the county board, which change shall preserve, as substantially as possible, the original reclamation plan, and shall also provide for the previously unknown variables. Contours shall conform to requirements of development proposed, but not less than required for existing original topography.

D.

A written statement containing an explanation of the reclamation plan including methods of accomplishment, phasing and timing.

E.

The applicant shall be permitted to submit the forms, including the reclamation plan and reclamation map, delivered by him to the proper department of the State of Illinois in his application for a permit under Act of the General Assembly entitled: "The Surface-Mined Land Conservation and Reclamation Art".

The operator shall furnish the zoning administrator with the required copies of the aforesaid statements, maps and other related exhibits for review of the reclamation plan no less than 60 days before the zoning board of appeals hearing. The review procedure shall be as established for the review of special uses in section 2.7 of this ordinance.

Each special use permit issued hereunder shall be effective for a maximum of ten years from and after the date of issuance thereof, provided the requirements of operation and reclamation, as are set forth under the operators permit and application, shall be met. An examination of the premises shall be made by the zoning enforcement officer at intervals of not more than six months during the term of operation.

(Ord. No. 19-16, § 1, 3-20-2019)

A.

A renewal of the special use permit shall be for a period of time not more than ten years.

B.

A request to renew the special use permit that involves acreage or equipment in addition to the allowed in the original permit shall be treated in the same manner as the initial application.

C.

A request to renew the special use permit when no additional acreage or equipment will be brought into use shall be handled in the following manner:

1.

If an operator is not able to finish mining the acreage described in the special use permit in the time specified, he shall apply to the zoning board of appeals. A public hearing will be held. The maps required by this ordinance for the initial hearing shall be revised, updated and resubmitted along with a statement of the current status of the mining reclamation. A new map describing conditions present on the site shall be furnished.

2.

The applicant shall furnish the zoning administrator with a copy of the aforesaid statements, maps, plans and other related exhibits for review of the revised or extended reclamation plan no less than 60 days before the zoning board of appeals hearing.

D.

The review procedure described in section 2.7 shall apply.

(Ord. No. 19-16, § 1, 3-20-2019)

All operators shall be required to obtain the proper permits and submit a bond, cash in lieu of bond, or a stand-by irrevocable letter of credit drawn upon a financial institution acceptable to the county. The bond shall be payable to the county on condition that the principal shall faithfully perform and complete the approved reclamation plan. Such bond, cash in lieu of bond, or a stand-by irrevocable letter of credit drawn upon a financial institution acceptable to the county shall be in an amount of not less than $2,500.00 for each acre to be affected. The actual dollar amount shall be established during the hearing process with the zoning board of appeals. A photocopy of the bond, verification of cash in lieu of bond, or a copy of the stand-by irrevocable letter of credit drawn upon a financial institution acceptable to the county shall be provided by the operator to the zoning administrator.

Each person, firm, or corporation to whom a mining operation permit is issued may engage in mining upon the lands described in the permit, subject to the following requirements:

A.

The mining operations shall be conducted in compliance with the laws of the State of Illinois and Federal Government, especially as related to safety standards, and ordinances and resolutions of the County of Boone, as amended from time to time, and in compliance with and furtherance of approval of reclamation plan for the affected land.

B.

Clearing of the mining site shall include the moving of existing trees and shrubs to such locations as will provide screening as hereinafter provided whenever possible or as will conform to the plan for ultimate use of the property as shown on the reclamation plan to be submitted.

C.

Maximum depth of excavation shall not be below existing groundwater, except in such cases where the reclamation plan indicates that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation for conformance to the approved reclamation plan.

D.

Adequate planting and/or fencing shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from public view, as reasonably as possible, and as approved by the county board in granting a special use.

E.

Not more than one entrance and one exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to approval by the Department of Highways having jurisdiction and shall, preferably be located along a secondary road, and shall be located as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. If required, by the Highway Department having jurisdiction, acceleration and deceleration strips shall be provided on either side of such entrance and exit, of not less than 100 feet in length each, and shall be paved of such material as shall be required by the Highway Department having jurisdiction. Furthermore, a paved road from the entrance and exit, a distance not less than 300 from the right-of-way line into the area of operation shall be provided in order to minimize the deposit of dirt and gravel from trucks onto the public highway. Such pavement shall be in accordance with the specifications of the county highway department. Entrances and exits shall be provided with the gates to be securely locked during hours of in-operation.

F.

Trucks used in hauling materials form the site of excavation shall be loaded in such a manner as to prevent spillage onto the public highway.

G.

Any spillage on said highways resulting from overloading or from material adhering to truck tires shall be removed periodically form said public highways at intervals of not more than 24-hours, and all safety precautions shall be observed during such process of removal.

H.

Overburden shall not be removed in excess of the area to be mined within one year. Development toward final plan shall be carried on as excavation progresses. Where ground cover or other planting is indicated on approved plan, such planting shall be made in areas where excavation is completed and land is not being used for material storage.

I.

Operations shall be conducted only during the hours from 5:00 a.m. to 6:00 p.m., Monday through Sunday, except during public emergency during which sand and gravel is needed and upon order of the county board, the county sheriff, or the county superintendent of highways.

A mine operator may request temporary extended hours for the hours of 6:00 p.m. to 10:00 p.m., weekdays and Saturdays for a total of two 8 ½ hour work shifts per work day, approval of which by the County shall not be unreasonably withheld. Request for temporary extended hours shall be sent to the County Building and Zoning Department and the County Board Chairman via certified letter. The written request shall document the needs by demonstrating the following:

•

Extended hours of operation are needed on a temporary basis when reasonably necessary to meet the requirements of specific projects;

•

Examples of projects for which extended hours are reasonable include specific projects for the Illinois Department of Transportation, Illinois Toll Authority, and other federal, state, and local projects.

The County Board Chairman shall acknowledge receipt of said request and respond in writing within ten business days.

The Mine Operator shall not operate the requested extended hours until there is written approval by the County Board Chairman.

Operations during the hours of 5:00 a.m. to 6:00 a.m. shall be for the purpose of loading trucks. No crushers or similar equipment shall operate during the hours of 5:00 a.m. to 6:00 a.m.

In all cases when the Mine Operator conducts hours of operation before dawn or after dusk, and where permitted by law, the Mine Operator shall require that its equipment and vehicles shall use visual back-up warning devices in lieu of audible back-up warning devices, unless prohibited by regulatory authority.

During a period when the Mine Operator is granted extended hours, if the County Building and Zoning Officer verifies a violation of the Mine Operator operating outside the extended hours, the Boone County Chairman may revoke the extended hours previously granted.

J.

No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties.

K.

Where required by the county board in granting a special use for a mining operation, to promote safety, a fence shall be erected which shall be of a nature and character to protect the general public form danger.

L.

Weeds and other unsightly or noxious vegetation shall be cut or trimmed at least twice a year or as may be necessary to present a reasonably neat appearance and to prevent seeding on adjoining property.

M.

Existing trees and groundcover along public road shall preserve, maintained, and supplemented for the depth of the required roadside setback.

N.

Upon the completion of operations, the land shall be left in a condition so that sufficient drainage is provided in order to prevent water pockets or undue erosion with all grading and drainage such that natural storm water leaves the entire property at the original, natural, drainage points and that the area drainage to any one such point is not increased. In the event the reclamation plan shall provide for the permanent establishment of a lake, the grading and drainage may be altered, but not in such a manner as to cause damage or inconvenience to surrounding or abutting properties.

O.

Graded or backfilled areas or banks in the cases of excavations made to water-producing depth shall be covered with topsoil to a minimum depth of six inches. Such topsoil shall have a minimum of 25 percent organic material except that no greater depth of topsoil or percentage of organic material shall be required than originally existing on property prior to the commencement of operation.

P.

Upon replacement of the topsoil; trees, shrubs, legumes, grasses, or groundcover shall be plated upon such area in order to avoid erosion, in accordance with approved reclamation plan.

Q.

Whenever production on any property shall have been completed, all buildings, plants, structures (except fences) and equipment shall be entirely removed within six months after such completion, unless same are to be used in connection with the reclamation project proposed or relative to the removal of stored materials. Any and all stockpiled materials shall be removed in not more than two years following cessation of production and the area occupied by such stockpiled material, or materials, shall then be restored as provided for in the reclamation plan.

(Ord. No. 19-16, § 1, 3-20-2019)

Unless otherwise specifically provided in the applicable special use permit, production, processing and excavation shall not be conducted closer than 1,000 feet to the boundary of any zoning district where such operations are not permitted, nor shall such production, processing and excavation be conducted closer than 150 feet to the right-of-way of any existing or platted street or highway.

Any mining operation legally commenced prior to the adoption of this section shall be exempt from the requirements hereof, except that said operations shall not be exempt from the requirements hereof pertaining to the hours of operations, the operation of motor vehicles and safety regulations. Any change in these requirements shall require public notice and a pubic hearing per section 2.7.

Upon failure by the holder of a mining operations special use permit, issued pursuant to the provisions of this section, to fully comply with the provisions hereof and when same has been certified by the zoning enforcement officer to the zoning board of appeals, the board of appeals shall give notice to said permit holder, and the owner of the land (which notice may be given by mail addressed to their last known address) setting forth the provision of this section being violated by the permit holder, and the time and place of hearing to be held by the board of appeals to consider the same; and upon such hearing being held, if the board of appeals shall find that the provisions of this section have not been complied with by the permit holder then the board of appeals shall recommend to the county board that the mining operations permit to be suspended or terminated, and the county board may suspend or terminate the permit.

It is the purpose of this section to:

A.

Assure the protection of the health, safety, welfare for all Boone County residents and landowners.

B.

Assure that any development of WECS in Boone County is safe and effective.

C.

Facilitate economic opportunities for local residents.

D.

Comply with Illinois' statutory goal of increasing energy production from renewable energy sources.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

Applicant means the entity who submits to the county an application for the siting and operation of any WECS or substation. All references to applicant in this ordinance shall include applicant's successors-in-interest and assigns, which includes a WECS permittee (as defined below).

B.

Commercial operation date means the calendar date on which the WECS project produces power for commercial sale, not including test power.

C.

Commercial wind energy facility means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. Also referred to herein as "Wind Energy Conversion System" or "WECS" or "WECS project."

D.

Financial assurance or financial security or decommission security means 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.

E.

Meteorological tower means those towers which are erected primarily to measure wind speed and direction plus other data relevant to siting and operation of a WECS project. For purposes of this ordinance, 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.

F.

Notice to proceed means 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.

G.

Nonparticipating property means real property that is not a participating property.

H.

Nonparticipating residence means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the WECS project is filed with the county.

I.

Occupied community building means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the WECS project is filed with the county: a school, place of worship, day care facility, public library, or community center.

J.

Operator means the person or entity responsible for the day-to-day operation and maintenance of a wind energy conversion system, including any third-party subcontractors. The operator must be a qualified wind power professional. All references to operator in the ordinance shall include operator's successors-in-interest and assigns.

K.

Owner means the person or entity or entities with an equity interest in a wind energy conversion system, including their respective successors-in-interest and assigns. The owner does not mean (i) the property owner from whom land is leased for locating a wind energy conversion system (unless the property owner has an equity interest in a wind energy conversion system); or (ii) any person holding a security interest in a wind energy conversion system solely to secure an extension of credit, or a person foreclosing on such security interest, provided that after foreclosure, such person seeks to sell a wind energy conversion system at the earliest practicable date. This definition includes the definition of facility owner as defined in 55 ILCS 5/5-12020.

L.

Participating property means 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, or license to use the real property for the purpose of constructing a WECS project or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing WECS project or supporting facilities.

M.

Participating residence means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the WECS project is filed with the county.

N.

Professional engineer means a qualified individual who is licensed as a professional engineer in Illinois. Where a structural engineer is required to take some action under terms of this ordinance, a professional engineer may serve as the structural engineer if he or she has the appropriate structural engineering certification and is licensed as a structural engineer by the Illinois Department of Financial and Professional Regulations.

O.

Protected lands means real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act, or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.

P.

Public conservation lands means 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 non-profit conservation organizations. Public conservation lands also do not include private lands for which the owners have entered into contractual relationships with government or non-profit conservation organizations for conservation purposes.

Q.

Special use permit means a permit approved by the county board, after a public hearing, allowing a particular use at a specified location subject to compliance with certain specified special conditions as may be required by the county board.

R.

Substation means the apparatus that collects and connects the electrical collection system of the WECS(s) and increases the voltage for connection with the utility's transmission lines.

S.

Supporting facilities means the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the WECS.

T.

WECS permittee means an applicant who applies for and receives a special use permit under this ordinance for the siting and operation of any WECS or substation. All references to a WECS permittee in this ordinance shall include a WECS permittee's successors-in-interest and assigns.

U.

WECS tower or Wind Tower means and includes wind turbine tower, nacelle, and blades.

V.

WECS tower height means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.

W.

WECS building permit means a permit necessary for the commencement of work performed toward the construction, erection or installation of an approved WECS, substation or operations and maintenance building in connection with a WECS project. A WECS building permit may be issued by the county after a WECS project has obtained a special use permit from the county board and the Boone County Zoning Administrator determines that all conditions, if any, have been satisfied that are imposed by the special use permit. The WECS building permit shall require the applicant (WECS permittee) to deliver a written "Notice to Proceed" for the WECS project to the county prior to commencement of construction of the WECS project. The term "commencement of construction," as used in this ordinance, 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 project.

X.

Wind turbine means 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.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

This ordinance governs the siting and operation of WECS and substations that generate electricity to be sold to wholesale or retail markets.

B.

Owners of WECS with an aggregate generating capacity of 0.5MW or less who locate the WECS(s) on their own property are not subject to this Ordinance.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

No WECS project, WECS or substation governed by this ordinance shall be constructed, erected, installed, or located within the county, unless prior siting approval has been obtained for each individual WECS project, WECS and substation or for a group of WECS projects and substations under a joint siting application pursuant to this ordinance.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

To obtain siting approval, the applicant must first submit a special use permit application to the county. The application is not considered accepted until the county has a reasonable opportunity to review the application to ensure all the requirements pursuant to this ordinance are included. The application fee is required at the time of submission but will not be deposited with the county until the application is complete and deemed accepted. The applicant shall receive written notice of the date the application is accepted.

B.

The special use permit application shall contain or be accompanied by the following information:

1.

A WECS project summary, including, to the extent available: (a) a general description of the project, including (i) its approximate overall name plate generating capacity, (ii) the potential equipment manufacturer(s), (iii) type(s) of WECS(s), (iv) the number of WECS, and name plate generating capacity of each WECS, (v) the maximum height of the WECS tower(s) and maximum diameter of the WECS(s) rotor(s), (vi) the number of inverters and transformers (vii) the number of substations and/or grid interconnections required, (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, flood plain, drainage structures including surface ditches and subsurface drainage lines, all drainage tile, underground mines, scenic and natural areas within 1,500 feet of the proposed WECS, the location of all known communications towers within two miles of the proposed WECS, 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 proposed decommissioning plan for the WECS project including cost estimations;

6.

All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this ordinance;

7.

An Agricultural Impact Mitigation Agreement (AIMA) executed between the applicant and the Illinois Department of Agriculture;

8.

Detailed maps including (a) a topographic map with the WECS project site and the surrounding area; and (b) subsurface maps to include but not limited to (1) the aquifer and (2) sensitive aquifer recharge area (SARA);

9.

A review by the Illinois Historic Preservation Agency for a cultural and historical review of the area;

10.

Any other information normally required by the county as part of its permitting requirements for siting buildings or other structures;

11.

Waivers from the setback requirements executed by the occupied community building owners and/or the non-participating property owners bearing a file stamp from the Boone County Clerk and Recorder's Office confirming that the waiver was recorded against title to the affected real property.

12.

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.

13.

Results and recommendations from the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool or a comparable successor tool.

14.

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.

15.

Information demonstrating that the WECS project will avoid protected lands.

16.

Any other information requested by the county or the county consultants that is necessary to evaluate the siting application and operation of the WECS project and to demonstrate that the WECS project meets each of the regulations in this ordinance, including the special use permit standards set forth below.

C.

The county reserves the right to request the applicant participate in a pre-application meeting with representatives from the planning department, building department, county highway engineer, impacted townships, the Boone County Soil and Conservation District and all other applicable departments and agencies as determined by the planning department.

D.

Material changes to the application are not permitted once the notice of the public hearing has been published, unless requested or permitted by the county; and

E.

The applicant shall submit 25 copies of the special use permit application to the county, and at least one copy in electronic format.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

Design safety certification.

1.

WECSs 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. All turbines shall be new equipment commercially available; no used or experimental equipment shall be used in the WECS project without the approval of a variance by the county board.

2.

Following the granting of siting approval under this ordinance, a structural 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 WECSs 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 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: Towers and blades shall be painted white or gray or another non-reflective, unobtrusive color.

2.

Turbine consistency: To the extent feasible, the WECS project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction. Turbines shall also be consistent in color and direction with nearby facilities.

3.

Lighting: WECS projects shall utilize minimal lighting that is compliant with the applicable FAA regulations, as amended by the FAA. To the extent that such tower lighting is available, and is approved by the FAA for a WECS Project, the applicant shall install Aircraft Detection Lighting Systems ("ADLS") or other similar technology to reduce light pollution and visual impacts caused by the WECS Towers.

4.

Intra-project power and communication lines: All power lines used to collect power from individual 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 or a substation adjacent to the property line.

5.

All transformers and inverters shall have signage and be enclosed with secure fencing to prevent any unauthorized access.

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 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 ten feet high in A-1 zoning district or the maximum allowed in other zoning districts; or

b.

Anti-climbing devices 15 feet vertically from the base of the WECS tower.

G.

Setback requirements. WECS towers 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.

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 Boone County Clerk and Recorder's Office.

H.

Compliance with additional regulations. Nothing in this ordinance is intended to preempt other applicable state and federal laws and regulations.

I.

Use of public roads.

1.

An applicant proposing to use any state, 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 and bridges;

b.

Obtain applicable weight and size permits from relevant government agencies prior to construction;

c.

Conduct a transportation impact analysis (TIA) that details the expected construction routes and the ESAL count per roadway segment. Core samples, or non-destructive testing methods, as approved by the county engineer, shall be used to determine the base and surface thickness of each public roadway used; and

d.

Evaluate all bridges and culverts on the construction routes for structural adequacy.

2.

To the extent an applicant must obtain a weight or size permit from the county, municipality, township or village, the applicant shall:

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 and are authorized to collect fees for overweight and oversized load permits. Further, financial assurance in an amount to be fixed by the road district commissioner or county engineer 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.

Enter into a road use agreement (RUA) with the county, each affected road district and the Illinois Department of Transportation (if applicable) that includes the following provisions, at a minimum:

i.

A project layout map including adequate exhibits so that the full impact to the public roadways within the project footprint can be determined;

ii.

A transportation impact analysis (TIA);

iii.

Pre-construction plans including but not limited to utility installations on or near the rights-of-way;

iv.

A project traffic map including information to regulate construction traffic impacts;

v.

Project scope of repairs;

vi.

Post-construction repairs including a requirement for repairing the damages to the roadway base, surface and appurtenances, in addition to providing for roadway surface upgrades;

vii.

A certificate of liability insurance for $10,000,000.00 per occurrence;

viii.

Requirement for a letter of credit in the amount of 125 percent of the estimated roadway base damage repair and roadway surface repairs and upgrades.

The road use agreement shall 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 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.

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 after such repairs and improvements are completed.

4.

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 engineer prior to the approval of any WECS building permit applications related to the construction of the proposed WECS project.

J.

Site Assessment.

1.

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, who at their discretion may retain a structural engineer for their review, with respect to each WECS tower location, as part of its WECS building permit. The applicant shall follow the guidelines for conservation practices impact mitigation submitted by the county soil and water conservation district (or equivalent regulatory agency). The applicant shall submit grading plans for the proposed substations for review and comment by the county soil and water conservation district (or an outside agency at the discretion of the county soil and water conservation district) prior to the issuance of any WECS building permit for the construction of said substations.

2.

A soil test at the base of every turbine site to establish baseline levels of contaminants shall be taken immediately after final inspection approval of each turbine. Soil draws shall be at identified locations and mapped for subsequent testing. Soil tests shall be conducted once a year and upon the request of the zoning administrator based on a reasonable belief that the wind turbine incurred damage. The test shall be compared to the baseline sample for any findings of contaminants as listed within the most recent Environmental Protection Agency Hazardous Waste listing. Samples shall be taken and evaluated by a third-party certified soil test agency chosen by the County and paid for by the applicant. The applicant/owner shall immediately remediate based on a recommendation of the evaluating agency and any costs for remediation shall be paid by the applicant/owner.

K.

Communications analysis; interference.

1.

The applicant, at its expense, shall have a third party, qualified expert conduct an appropriate analysis of the television reception documenting the television stations that are received within one and one-half miles of the footprint of the WECS project. The results of said study shall be public record and will serve as a baseline reading for television reception conditions prior to the construction of the WECS project and shall be submitted as part of the special use permit application. The expert shall be approved by the Boone County Zoning Administrator based on the expert's resume and experience prior to the study being conducted. The approval may not be unreasonably withheld.

2.

The Applicant, at its expense, shall have a third party, qualified expert conduct a communications analysis that indicates that the E9-1-1 communications, emergency communications or official county and local municipal communications reception shall not be negatively impacted or influenced by the proposed wind power facility. Said communication analysis shall be a public record and shall be submitted as part of the special use permit application. The expert shall be approved by the Boone County Zoning Administrator based on the expert's resume and experience prior to the study being conducted. The approval may not be unreasonably withheld.

3.

The applicant and the operator, at the applicant's expense, shall take immediate actions to minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals and to eliminate any such interference that impacts local government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, caused by the operation of the WECS. The applicant shall provide the applicable microwave transmission providers and local emergency service provider(s) (911 operators) copies of the WECS project summary and site plan, as set forth in section 4.8.5 B(1) and (3) of this ordinance. To the extent that the above provider(s) demonstrate a likelihood of interference with its communications resulting from the WECS(s), the applicant and the operator, at applicant's 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, the applicant and the operator, at applicant's expense, shall take all necessary and available commercial measures to eliminate any such interference. If, after construction of the WECS, the applicant (WECS permittee) or operator receives a written complaint related to the abovementioned interference, the applicant (WECS permittee) shall take commercially reasonable steps to respond to the complaint, except in the case of a complaint of interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications. In the case of local, government public safety communications, the applicant (WECS permittee) and the operator, at the applicant's expense, shall immediately take all necessary and available commercial measures to eliminate any such interference.

4.

The applicant shall at the applicant's expense take immediate actions to minimize or mitigate interference with electromagnetic communications, such as radio, telephone, global positioning systems (GPS), microwaves or television signals and eliminate any such interference that impacts the property and surrounding properties.

L.

Noise levels. Noise levels from each WECS or WECS project shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. 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.

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 conduct an avian and wildlife impact study and submit said study to the county as part of the special use permit application. Each WECS or WECS project shall be located, designed, constructed, and operated so as to avoid and if necessary, mitigate the impacts to wildlife. The expert shall be approved by the Boone County Zoning Administrator based on the expert's resume and experience prior to the study being conducted. The approval may not be unreasonably withheld.

O.

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.

P.

Engineer's certificate. The WECS project engineer's certificate shall be completed by a structural engineer registered in the State of Illinois or by a Professional Engineer with a certification from a structural engineer registered in the State of Illinois and shall certify that the WECS tower and foundation design is compatible with and appropriate for each 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.

Q.

Conformance with approved application and plans. The applicant shall construct and operate the WECS project in substantial conformance with the construction plans contained in a county-approved submitted special use permit application(s), conditions placed upon the operation of the facility, this ordinance and all applicable state, federal and local laws and regulations.

R.

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 an Illinois Professional Engineer (or structural 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 or a locked chain at the access road entrances of all the wind turbine generator locations. An exception may be made when the landowner has filed a written statement with the county which states that the owner does not want a locked metal gate installed and has provided a signed liability waiver to the county.

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 ordinance, or conditions placed upon the operation of the commercial wind energy facilities held invalid, such invalidity shall not affect any other provision of this ordinance that can be given effect without the invalid provision and, to this end, the provisions in this ordinance are severable.

5.

No wind turbine generator shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. The wind turbine generator shall not be installed in a location along the major axis of existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.

6.

The applicant of the WECS project 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.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

Maintenance.

1.

Annual report. The applicant (WECS Permittee) must submit, on an annual basis on the anniversary date of the siting approval application, an operation and maintenance report to the county zoning administrator. 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) soil testing reports pursuant to 4.8.6 (J); (iii) 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; (iv) calls for emergency services; (v) status of liability insurance and proof of decommissioning financial assurance; and (vi) a general summary of service calls to the WECS. Failure to provide the annual report shall be considered a material violation of this ordinance and subject to 4.8.10 Remedies.

2.

Re-certification. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under design and safety certification section 4.8.6.(A)(1), of this ordinance. 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 identified in design and safety certification section 4.8.6(A)(1), of this Ordinance to determine whether the physical modification requires re-certification.

B.

Coordination with emergency responders.

1.

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, for the wind power facility so that the local law enforcement, fire protection district and rescue units, emergency medical service providers and emergency management service providers that have jurisdiction over each tower site may evaluate and coordinate their emergency response plans with the applicant of the WECS project.

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. Prior to the operational date of the WECS, the applicant and the fire protection district (FPD) in which the project is located shall enter into a written agreement detailing the specific training plan. Including but not limited to a time frame of said trainings and a list of the necessary equipment to be provided to the FPD.

3.

The applicant and the operator shall cooperate with all local emergency responders to develop an emergency response plan. The plan shall include, at a minimum, 24-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/7 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 county. The content of the emergency response plan, including the 24-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.

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.

Shadow flicker. The applicant shall present to the county board a model study on potential shadow flicker. The applicant shall appropriately demonstrate to the county board through industry standard modeling that no occupied community building or non-participating residence will experience an expected duration of 30 hours or more per year. An occupied community building owner or a non-participating 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 occupied community building owner or nonparticipating residence owner and filed with the Boone County Clerk and Recorder's Office against title to the affected real property.

E.

Signage. Signage regulations are to be consistent with ANSI and AWEA standards. A reasonably visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations, and at all entrances to wind towers.

F.

Drainage systems. 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 in accordance with the agricultural impact mitigation agreement.

G.

Complaint resolution. The applicant shall, at its expense and in coordination with the county, develop a system for logging and investigating complaints related to the WECS project. The applicant shall resolve such non-emergency complaints on a case-by-case basis and shall provide written confirmation to the county. All costs and fees incurred by the county in attempting to or resolving complaints shall be reimbursed by the applicant of the WECS project. 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 at the WECS project site on signage.

(Ord. No. 23-16, § 1, 5-18-2023)

Commencing with the issuance of a WECS building permit, the applicant 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 $5,000,000.00 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 under the turbine supply and/or balance of plant construction contract(s) for the WECS project, in coverage amounts of at least $5,000,000.00 per occurrence and $20,000,000.00 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 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 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 permittee), the owner or the operator under this ordinance 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 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.

(Ord. No. 23-16, § 1, 5-18-2023)

The applicant must formulate a decommissioning and site reclamation plan to ensure that the commercial wind energy facility is properly decommissioned. The decommissioning and site reclamation plan shall be binding upon the applicant and its successors-in-interest and assigns, and shall apply to all participating parcels in the commercial wind energy facility, irrespective of the owner of title to such parcels. A signed decommissioning and site reclamation plan must be submitted to the county prior to the granting of the special use permit. The applicant shall ensure that the commercial wind energy facility is properly decommissioned within 12 months of the end of the commercial wind energy facility life. The applicant shall include removal of all physical material of the project improvements to a depth of 60 inches beneath the soil surface and the restoration of the area in accordance with the agricultural impact mitigation agreement. A final scaled site plan indicating the size, dimensions, and materials remaining subsurface shall be filed and recorded with the county clerk's office upon complete decommission.

A.

A decommissioning and site reclamation plan shall be prepared by an independent Illinois Certified Professional Engineer and shall include:

1.

A description of the methodology and cost to remove all above ground and below ground WECS facilities of the approved special use permit;

2.

Provisions for the removal of all above ground and below ground WECS facilities of the approved special use permit;

3.

Methodology and cost to restore all areas used for construction, operation and access to a condition equivalent to the land prior to the commercial wind energy facility construction;

4.

A work schedule and a permit list necessary to accomplish the required work;

5.

Methodology to identify and manage any hazardous or special materials.

6.

Submission of a draft form of financial security to the county in the form of a surety bond (performance and payment bond), irrevocable letter of credit or a cash escrow account that names county as the beneficiary, or other type of financial security that is approved by the county. If an irrevocable letter of credit or surety bond (performance and payment bond) is selected, the original of the irrevocable letter of credit or surety bond shall be held by the county. If a cash escrow is selected, the cash escrow shall be held and managed by an independent third party (e.g., escrow agent or title company) on behalf of the county, subject to escrow instructions that incorporate the applicable decommissioning and repair/replacement/restoration obligations of this agreement as executed by the county and the applicant.

7.

The amount of financial security shall be equal to the total cost of all decommissioning and restoration work minus the salvage value of the WECS project. To determine that amount, the applicant shall: (a) obtain bid specifications provided by a professional structural engineer; (b) request estimates from construction or demolition companies capable of completing the decommissioning of the WECS Project; and (c) certification of the selected estimate by a professional structural engineer. The county engineer, an independent engineer of the County's choosing, and the Boone County Zoning Administrator will review all estimates and make a recommendation to the county board for an acceptable estimate. The County reserves the right to pursue other estimates. All costs to secure the estimates will be funded by the applicant.

8.

Boone County retains all rights to challenge any and all salvage value assessments in the site decommissioning plan as a condition of approval of the WECS special use permit.

9.

A provision that the terms of the decommissioning and site reclamation plan shall be binding upon the applicant including any of its successors-in-interest and assigns;

10.

Confirmation by affidavit that the obligation to decommission the commercial wind energy facility is included in the lease agreement for every parcel included in the special use permit application. A list of all landowners should be kept current, and affidavits shall be secured from applicant and landowners stating their financial understanding;

11.

A provision that allows for the county to have the legal right to transfer applicable commercial wind energy facility material to salvage firms;

12.

Identification of and procedures for the county to access the financial assurances; and

13.

A provision that the county shall have access to the site, pursuant to reasonable notice to affect or complete decommissioning. A portion of the decommission security will be required to be held for one year past the decommissioning to settle any potential disputes.

B.

Provisions triggering the decommissioning of any portion of the commercial wind energy facility:

1.

Inactive construction for 12 consecutive months.

2.

If no electricity is generated by the WECS project for 12 consecutive months after electricity is initially generated and the applicant has not paid landowners amount owed in accordance with their lease agreements for a period of six consecutive months.

3.

The applicant dissolves or abandons the WECS project without first transferring the WECS project to a successor-in-interest or assign.

4.

If any part of an individual turbine or the WECS project falls into disrepair, is in threat of collapsing or any other health and safety issue.

C.

Provisions for the removal of structures, debris and cabling; both above and below the soil surface:

1.

Items required to be removed include but are not limited to: turbines, transformers, foundation pads, electrical collection systems and transporters, underground cables, fencing, access roads and culverts. A landowner must sign an agreement if they wish for the access roads or culverts to remain.

D.

Provisions for the restoration of soil and vegetation:

1.

All affected areas shall be inspected, thoroughly cleaned and all construction related debris shall be removed.

2.

All affected areas must be remediated pursuant to the terms of the agricultural impact mitigation agreement with the Illinois Department of Agriculture.

3.

Items required to be restored include but are not limited to: windbreaks, waterways, site grading, drainage tile systems and topsoil to former productive levels.

a.

In work areas involving decommission from expansion of turbine crane pads, widening access roads or any other work areas, the topsoil must be first removed, identified and stored separate from other excavated material for later replacement as applicable.

b.

The 60-inch below-surface excavation area shall be filled with clean sub-grade material of similar quality to that in the immediate surrounding area.

c.

All sub-grade material will be compacted to a density similar to surrounding grade material.

d.

All unexcavated areas compacted by equipment used in decommissioning shall be de-compacted in a manner that adequately restores the topsoil and sub-grade material to the proper density consistent and compatible with the surrounding area.

e.

Where possible, the topsoil shall be replaced to its original depth and surface contours.

f.

Any topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of the effected site.

4.

Items required to be repaired after decommissioning include but are not limited to: roads, bridges and culverts.

5.

An independent drainage engineer shall be present to ensure drainage tiles, waterways, culverts, etc. are repaired as work progresses.

6.

A soil erosion control plan shall be approved by the Boone County Soil and Water Conservation District.

7.

All applicable stormwater management, floodplain and other surface water rules, regulations and ordinances shall be followed.

E.

Estimating the costs of decommissioning:

1.

Costs shall include but not be limited to engineering fees, legal fees, accounting fees, insurance costs, decommissioning and site restoration minus the salvage value of the commercial wind energy facility.

2.

Adjustments to the financial assurance amount that reflect changes in the decommissioning costs shall be submitted every five years after the initial ten years of operation and shall be adjusted for inflation and other factors. The amount of the decommission security shall be adjusted accordingly within six months of receiving the updated information as determined by an Illinois professional engineer. Failure to provide financial assurance as outlined herein shall be considered a cessation of operation.

F.

Financial assurance:

1.

Financial security shall be phased in and provided to the county over the first 11 years of the project as follows:

a.

On or before the first anniversary of the commercial operation date, the applicant shall provide the county with financial security to cover ten percent of the estimated costs of decommissioning the WECS project as determined in the decommissioning and site reclamation plan.

b.

On or before the sixth anniversary of the commercial operation date, the applicant shall provide the county with financial security to cover 50 percent of the estimated costs of decommissioning the WECS project as determined in the decommissioning and site reclamation plan.

c.

On or before the eleventh anniversary of the commercial operation date, the applicant shall provide the county with financial security to cover 100 percent of the estimated costs of decommissioning the WECS project as determined in the decommissioning and site reclamation plan.

2.

The county shall have immediate access, upon written notice to the applicant, to use the decommission security if:

a.

After abandonment of the project, the applicant, upon a reasonable determination by the county board, fails to address a health and safety issue in a timely manner; or

b.

The applicant fails to decommission the abandoned turbine(s) or the entire WECS project in accordance with the decommissioning and site reclamation plan.

3.

If possible, for the type of decommission security provided, the applicant shall grant perfected security in the decommission security by use of a control agreement establishing the county as an owner of record pursuant to the Secured Transit Article of the Uniform Commercial Code, 810 ILCS 9 et seq.

4.

The county board or its escrow agent shall release the decommission security when the applicant has demonstrated and the county concurs that decommissioning has been satisfactorily completed, or upon written approval of the county to implement the decommissioning plan. Ten percent of the decommission security shall be retained one year past the date to settle any outstanding concerns.

5.

Any interest accrued on the decommission security that is over and above the total value as determined by the Illinois professional structural engineer shall go to the applicant.

6.

The applicant shall identify procedures for the county to assess the financial assurances, particularly if it is determined that there is a health and/or safety issue with the commercial wind energy facility and the principal company fails to adequately respond as reasonably determined by the county board.

7.

The county shall be listed as a debtor in connection with any proceeding in insolvency or bankruptcy but shall not be responsible for any claims against the applicant.

8.

The applicant shall agree that the obligations and liabilities under a special use permit shall be binding upon the applicant (which, for the avoidance of doubt, includes its successors-in-interest and assignees) and the operator. The applicant further shall agree that the sale, assignment in fact or at law, or other transfer of the applicant's financial interest in the commercial wind energy facility shall in no way effect or change the applicant's obligation to continue to comply with the terms, covenants and obligations of a special use permit unless such successor-in-interest or assignee agrees to assume all obligations of the special use permit, including but not limited to the decommissioning obligations associated with the commercial wind energy facility.

9.

The county and its authorized representatives have the right of entry onto the commercial wind energy facility for the purpose of inspecting the methods of reclamation or for performing actual reclamation if necessary.

(Ord. No. 23-16, § 1, 5-18-2023)

1.

The applicant's failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the project, 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 by the county board.

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 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 30-calendar day period from the date of the notice. Should the applicant commence the cure within that 30-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 applicable county ordinance provisions addressing the resolution of such default(s) shall govern.

(Ord. No. 23-16, § 1, 5-18-2023)

1.

Application fees.

a.

Prior to processing any application for a commercial wind energy facility, the applicant must submit a certified check to the county for the application fee established by the Boone County Fee Schedule adopted by the county board for special use permits. These funds shall be placed in an FDIC insured account and will be used to cover the county's cost incurred in processing the application.

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.

c.

Any unused amounts of the application fee shall be refunded to the applicant within six months of the county board rendering a final decision on the matter, unless any pending litigation, disputes or negotiations involving the county exist regarding the WECS facility, in which case any amounts owed to the applicant shall be refunded within six months of the conclusion of the litigation, disputes or negotiations. An applicant may request any unused application fee be applied toward the building permit fees for the facility.

2.

Building permit fees.

a.

Prior to the issuance of building permits, the building permit applicant must deposit a building permit fee equating established by the Boone County Fee Schedule adopted by the county board for building permits.

3.

Engineering and legal fees.

a.

Road use agreement (RUA). Not less than 30 days after a special use permit has been granted, an initial engineering and legal fee as established by the Boone County Road Use Agreement Schedule adopted by the county board to cover all engineering consulting and legal fees incurred by the county for the duration of the project from the initial construction efforts to completion. The amount of the initial engineering and legal fee may be adjusted at the discretion of the county engineer based on the size of the proposed project. Additional funds shall be required, as deemed necessary by the county engineer. Monies remaining in the consulting fund at the completion of the project will be refunded back to the WEFS project.

b.

Engineering fees. For any provision in this ordinance, when the county has to retain an outside expert based on specific expertise or lack of staff time to review, the applicant at their sole expense shall pay said expert for their fees related to said review.

c.

Legal fees. For any provision in this ordinance, when the county has to retain an outside legal counsel based on specific expertise or lack of staff time to review, the applicant at their sole expense shall pay said legal counsel for their fees related to said review.

4.

All costs to be paid by applicant or owner. In addition to all fees noted above, the applicant or owner shall pay all costs incurred by the county, including but not limited to, those costs associated with all offices, boards and commissions of the county, and third-party costs incurred by the county. This includes, but is not limited to, the direct or indirect costs associated with the hearing, permitting, operations, inspections, decommissioning, litigation, disputes, and/or negotiations.

(Ord. No. 23-16, § 1, 5-18-2023)

The county may engage the services of a hearing facilitator at the recommendation of the zoning administrator. 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.

(Ord. No. 23-16, § 1, 5-18-2023)

The county board may approve a commercial wind energy facility special use permit application if it finds the evidence complies with state, federal and local law and regulations, and with the standards of this zoning code including the factors listed below. The factors below are applied as a balancing test, not individual requirements to be met.

a.

The establishment, maintenance or operation of the WECS project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

b.

The WECS project will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values of surrounding properties;

c.

The establishment of the WECS project will not impede the normal and orderly development and improvement of the surrounding properties;

d.

Adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

f.

The proposed WECS project is not contrary to the objectives of the current comprehensive plan of the county (if any); and

g.

The WECS project shall, in all other respects, conform to the applicable regulations of this ordinance and the zoning district in which it is located (if a zoning ordinance is in effect), except as such regulations may, in each instance, be modified pursuant to the recommendations of and approved by the county board.

h.

To preserve prime agricultural land for agricultural uses, the WEC's project site's land evaluation (LE) score is 82 or lower.

i.

To protect sensitive aquifer recharge areas within the county, the WIC project site is located where the aquifer recharge area has minimal impact, as determined by the relevant groundwater and hydrogeologic studies and maps utilized by Boone County.

1.

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 ordinance.

2.

Revocation.

a.

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 36 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 36-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. Notwithstanding Boone County Zoning Ordinance 2.7.7 A., 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 36 month period by passage of an ordinance that amends the special use permit.

b.

The special use permit shall be subject to revocation if the applicant 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.

c.

Subject to the provisions of Article XI (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 ordinance and the stipulated special use permit conditions and restrictions.

3.

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 project of any such change in ownership. The phrase "change in ownership of a WECS project" includes any kind of assignment, sale; lease, transfer or other conveyance of ownership or operating control of the applicant, the WECS project 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 ordinance and applicable county, state and federal laws.

4.

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 or authorized representative, shall apply for an amended special use permit prior to any modification of the WECS project.

5.

Permit effective date. The special use permit shall become effective upon approval of the ordinance by the county board.

(Ord. No. 23-16, § 1, 5-18-2023)

No person shall establish, operate or maintain a group home without first obtaining a special use permit authorized and issued by the county board in accordance with the standards and procedures set forth in this ordinance. In addition to the standards and criteria established in section 2.7, herein, no special use permit shall be granted for a group homesunless evidence is presented to establish the standards and criteria set forth herein.

No permit for a group home shall be granted by the county board unless the following requirements are met:

A.

Occupancy: Each single occupancy bedroom within a group home shall contain a minimum of 55 square feet of net floor area per occupant exclusive of space devoted to closets, wardrobe areas, bathrooms, and clearly definable hallways and entryway areas. The residents of a group home shall regularly utilize the common cooking facilities and common living and eating areas within their group home.

B.

Spacing: A group home shall be located no closer than 1,000 feet from another group home. This requirement may be waived if the county board, acting upon the recommendation of the zoning board of appeals, finds that the cumulative effect of such uses would not alter the residential character of the neighborhood in which they are located, would not create an institutional setting, and would not adversely affect the value and character of surrounding properties.

C.

Residential character: A group home shall be designed and maintained to be compatible in size, type and building materials to adjacent dwellings. In addition, a group home shall have no signage or activities that would alter the residential character or appearance of the dwelling. With the exception of those offices and meeting rooms that are used only by the residents of the group home, no offices or meeting rooms shall be maintained within a group home.

D.

Traffic generation and parking: A group home shall not generate any more traffic than typically associated with a single-family or multiple-family dwelling of similar size, nor require more vehicle parking than is available on the adjacent street or parking spaces allowed on the lot on which is located.

E.

Licensing: A group home shall be licensed, accredited or sponsored by a local, state or national government agency or other entity which imposes standards or guidelines for the operation and maintenance of the group home.

It is intention of Boone County and the State of Illinois to protect livestock facilities from encroachment and nuisances, as well as to protect residential and commercial uses from possible nuisances by establishing reverse setbacks for new rural residences and new subdivisions next to an existing intensive agricultural use.

A.

Non-intensive agricultural uses shall be exempt.

B.

Existing intensive agricultural uses within the buffer zone at the time of adoption or amendment of this Code shall be considered legally conforming uses and shall not be required to meet the buffer zone requirements.

A.

One-quarter mile setbacks must be maintained between any new intensive agricultural use and any nonfarm dwelling or nonfarm business.

B.

If in the event of a natural disaster an existing home or business within the buffer zone is destroyed the home shall be allowed to be rebuilt and the setbacks shall not apply.

C.

Should two parties agree that a lesser setback would work in a specific instance and have a written agreement so stating, a waiver may be obtained from the zoning board of appeals.

D.

All intensive agricultural uses shall be identified and kept on record by the Boone County Farm Bureau.

The intent of this section is to protect the public health by ensuring that any portion of a structure used for a residence meets building codes and provides adequate facilities for daily living.

These quarters are intended for a member of the family, and shall be accessed thru the primary residence. Said quarters shall not exceed 800 square feet, shall have the same address and share utilities with the primary residence.

Relative living quarters accessible only through the primary residence shall be permitted in all residential and agricultural districts. If a separate primary entrance and/or a substantially separate living quarters is proposed a special use shall be required in compliance with section 2.7.

Adult entertainment establishments are in a category by themselves and do not fall into the standard special use category. As a use protected by the First Amendment, all regulations must ensure due process and a right to conduct business within the county. Based on the Minnesota Attorney General's "Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Business," and on the findings of several important court cases including, but not limited to, Renton v. Playtime Theatres, Inc. 475 US 41 (1986), City of Los Angeles v. Alameda Books, Inc., 535 US 425 (2002), and RVS, LLC v. City of Rockford, 361 F.3d 402 (7th Cir. 2004) the following Zoning Code is intended to provide reasonable regulation on the outward appearance and location of adult entertainment establishments.

The following words and terms when used in the interpretation and administration of this section 4.12 shall have the meaning set forth herein except where otherwise specifically indicated.

Adult booth: Shall mean any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, observe or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult cabaret:Shall mean any commercial establishment that as a substantial or significant portion of its business features or provides any of the following: (1) persons who appear semi-nude or nude; (2) live performances that are distinguished or characterized by any emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or, (3) films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

Adult entertainment establishment: Shall mean an adult cabaret, adult store, or adult theater, as defined in this section as defined in this section.

Adult material: Shall mean whether new or used, (1) any books, magazines, periodicals, or other printed matter, or digitally-stored materials; or films, motion pictures, video or audio cassettes, slides computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or (2) any instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

Adult store: Shall mean any commercial establishment (1) that contains one or more adult booths; (2) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or, (3) that has a segment or section devoted to the sale or display of adult materials.

Adult theater: Shall mean any commercial establishment that as a substantial or significant portion of its business features or provides (1) films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or (2) live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of simulation of specified sexual activities.

Nude or state of nudity: Shall mean a state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Protected uses: Shall mean (1) a church, synagogue, mosque, or other place of worship; (2) a public or private nursery, elementary, or secondary school; (3) a child care facility or day care center; (4) a public park, playground, playing field, forest preserve, conservation district land, or other recreational area; (5) a public or private cemetery; or, (6) a public housing authority.

Semi-nude: Shall mean a state of dress or undress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.

Specified anatomical areas:Shall mean any of the following: (1) less than completely and opaquely covered human genitals; pubic region; buttocks; anus, or female breasts below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Specified sexual activities:Shall mean any of the following: (1) fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; (4) human genitals in a state of sexual stimulation, arousal, or tumescence; (5) excretory functions as part of or in connection with any of the activities set forth in parts (1), (2), (3), or (4) of this definition.

Adult entertainment establishments shall be subject to the project review procedures and requirements set forth in section 2.5, as part of the application for zoning certificate.

The regulations pertaining to adult entertainment establishments shall directly address or reduce the unwanted secondary effects of sexually-oriented businesses, such as: high crime rate areas; deteriorated commercial and residential areas; depreciation of appraised property values in the area; dramatic changes in the character of the neighborhood when more than one sexually-oriented business is operating in a given area; reduced sales tax revenues as a result of businesses not wanting to locate near an adult entertainment establishment, or as a result of persons who will shop elsewhere if the shopping area is identified with adult uses; and, litter and trash of a sexually-oriented nature in the public realm, particularly in areas accessible by minors.

A.

From protected uses. No adult entertainment establishment shall be established, maintained, or operated on any lot that has a property line within 3,000 feet of the property line of any other lot on which a protected use is established, maintained, or operated.

B.

From other adult entertainment establishments. No adult entertainment establishment shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other adult entertainment establishment is established, maintained or operated.

C.

From residential property. No adult entertainment establishment shall be located, established, maintained or operated on any lot that has a property lone within 1,000 feet of the property line of any residential property as defined in section 1.2.3 of the Boone County Zoning Ordinance.

D.

Measurement. For the purpose of this section 4.12.4, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment establishment is located to the nearest point on a property line of a lot on which a protected use, residential property, or other adult entertainment is located.

An adult entertainment establishment lawfully operating under this Code and under the Boone County Adult Use Licensing Ordinance shall not be deemed to be in violation of the location restrictions set forth in this section 4.12.4 solely because a protected use subsequently locates within the minimum required distance of the adult entertainment establishment.

The building housing an adult entertainment establishment shall be constructed of materials substantially similar and in an architectural style substantially similar to the other buildings in the neighborhood to ensure that the character of the neighborhood is not harmed.

In addition to the regulations set forth in section 5.5, no adult entertainment establishment shall depict specified anatomical areas or specified sexual activities in its signage.

The adult entertainment establishment shall not be located on any street within a subdivision, but only on perimeter roads and major thoroughfares.

Trash receptacles shall be located abundantly and conveniently in the area of the adult entertainment establishment. A dumpster is required and must be located within an enclosure constructed of similar materials to the primary building and shall be locked. Trash collection shall be arranged with a local solid waste hauler on a daily basis, or as frequently as the solid waste hauler can accommodate.

This section and any amendment thereto and the various parts, subsections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this ordinance or amendment hereto shall not be affected thereby.

Beer gardens are uses that may not always be appropriate at establishments that are licensed for retail sale and/or consumption of alcoholic liquor. In order to ensure proper compatibility of land uses, any special use requested for a beer garden shall be required to comply with certain minimum requirements.

(Ord. No. 09-23, § 1, 5-20-2009)

A.

Beer gardens shall be accessory to a primary use properly licensed for the sale and/or consumption of alcohol.

B.

Beer gardens shall be enclosed with a privacy fence a minimum of six feet in height.

C.

Beer gardens shall be located in a side or rear yard only.

D.

Square footage of the beer gardens shall be included in the calculation for required parking spaces.

E.

Outdoor music within beer gardens shall not be permitted.

F.

Beer gardens shall only be accessible from the primary use. Direct access to the beer garden shall not be permitted.

G.

If smoking is permitted within the beer garden, it shall comply with the Smoke Free Illinois Code.

(Ord. No. 09-23, § 1, 5-20-2009)

The purpose of the dwelling unit linked to agricultural conservation easement special use is to provide a means of obtaining the agricultural goals and objectives of the Boone County Land Use Plan to those properties existing in agricultural easements. This special use exclusively provides for agricultural uses and those uses compatible with agriculture, in addition to permitting an additional residential dwelling on the property. The intent in having this special use is to provide incentives to conserve prime agricultural soils, historically farmed soils, and prevent the uncontrolled, uneconomical spread of residential development resulting in excessive costs to the community for the provision of essential public services. Such conservation easements are authorized by 765 ILCS 120/Real Property Conservation Rights Act.

(Ord. No. 09-33, § 1, 6-17-2009; Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

A.

An ongoing easement agreement with an authorized accepting agency. Granting of the special use would be contingent upon the approval and recording of the easement.

B.

For each dwelling unit permitted, a minimum of 60 contiguous acres shall be placed in an agricultural conservation easement. An additional two acres shall be designated for the single family home (contiguous or elsewhere).

C.

If there are over 124 acres being placed in two easements, and two special use permits are being requested, a minimum distance of 200 feet shall be placed between detached dwelling units.

D.

A minimum distance of 200 feet shall be placed between any new dwelling units.

(Ord. No. 09-33, § 1, 6-17-2009; Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

A.

The minimum lot area shall be two acres. (Setbacks shall adhere to the outlined A-1 Lot Development Standards in section 3.2.4) Larger lots may be required due to other codes and ordinances such as setbacks; and septic requirements shall be approved by the Health Department.

B.

The minimum amount of road frontage shall be 250 feet.

C.

The minimum front yard setback shall be 75 feet from any existing right-of-way.

D.

The minimum rear and side yard setbacks shall be 40 feet.

E.

Corner lots shall have the same minimum front yard requirements on each street side of the lot.

(Ord. No. 09-33, § 1, 6-17-2009; Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

A.

Unless specifically stated above, all other A-1 zoning requirements shall be adhered to.

B.

Only 25 dwelling unit special use petitions will be accepted annually.

C.

The additional dwelling unit shall be constructed on the property designated during the special use permit process, contiguous or elsewhere. The special use shall be null and void if the dwelling is not constructed in two years from the date of approval.

D.

Conditions of approval imposed per the special use shall not conflict with or waive those conditions existing in an established easement document.

(Ord. No. 09-33, § 1, 6-17-2009; Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

A.

Acceptable easement holding organizations.

1.

The organization must be a government agency or a tax-exempt, not-for-profit organization qualified under section 501(c) 3 and 170(h) of the Internal Revenue Code of 1986 and the regulations promulgated there under.

2.

The organization must have a primary purpose of the preservation, protection, or enhancement of land in its natural, scenic, agricultural, or open space condition and have a stated goal of working towards this purpose in the region.

3.

The organization must be able to demonstrate the financial ability, technical expertise, and organizational strength to effectively monitor and defend the agricultural easement.

B.

Individual agricultural conservation easement documents will be negotiated with the landowner and the organization accepting the easement; however at a minimum the following subjects must be addressed in the document to the satisfaction of the county board.

1.

An agricultural conservation easement document must be recorded with all appropriate agencies, or be working with an agency prior to any special use permit application and subsequent issuance of building permits. Granting of the special use will be contingent upon the acceptance and recording of the agricultural easement.

2.

The agricultural conservation easement is legally binding to all present and future owners of the property in perpetuity.

3.

The primary purpose of the property will remain agricultural in nature. The easement shall not be sold or transferred to any other agency not qualified as stated above or with the intention of converting the property to a non-agricultural use.

4.

A site management plan will be prepared designating acceptable uses for each part of the property. At a minimum, the plan will contain a designated area for active agricultural enterprises and a designated area for residences(s) and buildings.

5.

The easement holder will manage the easement and ensure the agreement and site management plan is being carried out. An update to the planning office shall be made according to the easement agreement terms.

6.

If the easement is found to be noncompliant, the enforcement of the agricultural easement is the responsibility of the easement holder.

(Ord. No. 09-33, § 1, 6-17-2009; Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

The purpose of the dwelling unit linked to the lot of record land exchange special use is to provide a means of obtaining the agricultural goals and objectives of the Boone County Land Use Plan to those properties with an existing lot of record that for some reason the owner wishes to build on the farm in a different location than the existing lot of record. This special use would allow the land owner of a lot of record to exchange land (not less than two acres with 250 feet of road frontage) on a contiguous farm property (with an existing dwelling unit) to construct a second dwelling. The existing lot of record would then be abandoned. The lot of record shall be located in the A-1 agricultural preservation area district and in lawful existence prior to May 10, 1978.

(Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

A.

The existing buildable lot of record shall be abandoned. Documentation of the abandonment shall be provided prior to the issuance of any building permits.

B.

The new dwelling unit site, in exchange for the lot of record parcel, shall be part of the contiguous farm owned by the applicant or a designated site owned by the applicant and must adhere to requirements herein.

C.

The exchanged parcel shall not be less than two acres and have a minimum of 250 feet of road frontage.

D.

A minimum distance of 200 feet shall be placed between detached dwelling units.

(Ord. No. 23-05, 1-19-2023)

A.

The minimum lot area shall be two acres. (Larger lots may be required due to codes and ordinances such as setbacks and septic requirements.)

B.

The minimum amount of road frontage shall be 250 feet.

C.

The minimum front yard setback shall be 75 feet from any existing right-of-way.

D.

The minimum rear and side yard setbacks shall be 40 feet.

E.

Corner lots shall have the same minimum front yard requirements on each street side of the lot.

(Ord. No. 16-08, § 1, 3-16-2016)

A.

Unless specifically stated above, all other A-1 zoning requirements shall apply.

B.

The additional dwelling unit shall be constructed on the contiguous farm property with common ownership of the lot of record or a site also owned by the applicant must be designated and adhere to requirements herein.

C.

A special use permit shall be issued for the construction of the dwelling unit according to section 2.7 of the Boone County Zoning Ordinance.

(Ord. No. 16-08, § 1, 3-16-2016; Ord. No. 23-05, 1-19-2023)

It is the purpose of this section to establish regulations for medicinal cannabis dispensaries as authorized by Compassionate Use of Medical Cannabis Pilot Program Act 410 ILCS 130/140. To promote the safety and general welfare of the residents of Boone County, the criteria, processes, and regulations enumerated in this section shall apply to any medicinal cannabis dispensary that operates within the county.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

Medicinal cannabis dispensaries may be allowed as a special use in any I-1 light industrial district and shall follow the procedure for special uses as specified in section 2.7 of the Boone County Zoning Ordinance, as well as the provisions of this section 4.16.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

Medicinal cannabis dispensaries may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home or part-day child care facility as required under 410 ILCS 130/130(d). Medicinal cannabis dispensaries also may not be located within 1,000 feet of the property line from a religious institution.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

All medicinal cannabis dispensaries shall strictly comply with the requirements outlined in the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and any administrative rules promulgated pursuant to the Act. All medicinal cannabis dispensaries must be registered with the Illinois Department of Financial and Professional Regulation and be in good standing.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The county board may condition a special use permit on a requirement that the owners of any dispensary established in the county defend and indemnify the County of Boone, its officers and employees from and against any claim arising from the operation of the dispensary.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

A medicinal cannabis dispensary may operate between the hours of 8:00 a.m. to 6:00 p.m. on any day of the week.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The use of medicinal cannabis and the ingestion of medicinal cannabis infused products are prohibited on the site of any medicinal cannabis dispensary. A sign (at least 8.5 by 11 inches), shall be posted inside the dispensary in a manner that is readily and conspicuously visible to persons who enter the establishment and shall contain the following language, "Smoking, eating, and other forms of otherwise consuming or ingesting cannabis is prohibited on dispensary property."

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

No medicinal cannabis dispensary may operate a drive-through service, lane, or window.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

Medicinal cannabis dispensaries that display or sell drug paraphernalia shall do so in strict compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

It shall be unlawful for any medical cannabis dispensary to allow any person who is not at least eighteen (18) years of age on the premises. Dispensaries shall not employ anyone under the age of eighteen (18). Access shall be limited exclusively to dispensary staff, cardholders, designated caregivers, local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

It is the purpose of this section to establish regulations for medicinal cannabis cultivation centers as authorized by Compassionate Use of Medical Cannabis Pilot Program Act 410 ILCS 130/140. To promote the safety and general welfare of the residents of Boone County, the criteria, processes, and regulations enumerated in this section shall apply to any medicinal cannabis cultivation center that operates within the county.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

Medicinal cannabis cultivation centers may be allowed as a special use in any I-1 light industrial district and shall follow the procedure for special uses as specified in section 2.7 of the Boone County Zoning Ordinance, as well as the provisions of this section 4.17.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

Medicinal cannabis cultivation centers may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home or part-day child care facility as required under 410 ILCS 130/130(d). Medicinal cannabis cultivation centers also may not be located within 2,500 feet of the property line of a religious institution.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

All medicinal cannabis cultivation centers shall strictly comply with the requirements outlined in the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and any administrative rules promulgated pursuant to the Act. All medicinal cannabis dispensaries must be registered with the Illinois Department of Agriculture and be in good standing.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The county board may condition a special use permit on a requirement that the owners of any cultivation center established in the county defend and indemnify the County of Boone, its officers and employee from and against any claim arising from the operation of the cultivation center.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

A medicinal cannabis cultivation center may operate between the hours of 8:00 a.m. to 6:00 p.m. on any day of the week.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The use of medicinal cannabis and the ingestion of medicinal cannabis infused products are prohibited on the site of any medicinal cannabis cultivation center. A sign (at least 8.5 by 11 inches), shall be posted inside the cultivation center in a manner that is readily and conspicuously visible to persons who enter the establishment and shall contain the following language, "Smoking, eating, and other forms of otherwise consuming or ingesting cannabis is prohibited on cultivation property."

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The county board may condition a special use permit on the condition that it is operated in a manner that prevents odor impacts on neighboring premises and, if necessary the facility shall be ventilated with a system for odor control.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The retail sale of any medicinal cannabis or medicinal cannabis related inventory by a cultivation center is prohibited. Sales of any products or inventory from a medicinal cannabis cultivation center must strictly comply with 410 ILCS 130/105.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

It shall be unlawful for any medical cannabis cultivation center to allow any person who is not at least 18 years of age on the premises. Cultivation centers shall not employ anyone under the age of 18. Access shall be limited exclusively to cultivation staff, local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program Act.

(Ord. No. 14-44, § 2, 9-17-2014; Ord. No. 16-08, § 1, 3-16-2016)

The purpose of this section is to provide better tools for monitoring and regulating animal boarding, breeding, and shelter facilities.

(Ord. No. 17-21, § 1, 10-18-2017)

A special use permit for a kennel, boarding, or breeding facility is only available for property that is zoned A-1, I-1 or I-2. A special use permit for an animal shelter is only available for property that is zoned A-1, A-2, B-2, I-1, or I-2.

(Ord. No. 17-21, § 1, 10-18-2017)

All special use permit holders under this section shall be required to permit authorized county personnel entrance onto the premises for inspection during normal business hours, or other hours deemed necessary to enforce the special use permit, state regulations, or state statutes. During inspection, the permit holder shall make all records required to be kept under state statute or state regulations available to the inspector.

(Ord. No. 17-21, § 1, 10-18-2017)

Any special use permit holder under this section must prepare a decommissioning plan that is to be filed with Boone County Animal Services. This document should provide a detailed plan for care for the facility's animals if the permit holder's facility is closed for any reason, either temporarily or permanently. This plan shall be filed with Boone County Animal Services within 30 days of issuance of a special use permit under this section. An updated plan shall be filed with animal services every year thereafter on or before the anniversary date that the special use permit was issued.

(Ord. No. 17-21, § 1, 10-18-2017)

It is the purpose of this section to establish regulations for adult cannabis establishments as authorized by the Cannabis Regulation and Tax Act, (P.A. 101-0027). To promote the safety and general welfare of the residents of Boone County, the criteria, processes, and regulations enumerated in this Section shall apply to any cannabis craft grower that operates within the County.

(Ord. No. 20-04, § 1, 3-18-2020)

A.

Shall be registered by the Illinois Department of Agriculture.

B.

Shall not be located within 1,500 feet of the property line of a pre-existing church, public or private preschool, elementary school, secondary school, or residential care facility providing addiction recovery services. For the purpose of this section, setbacks shall be measured from the structure of the applicable cannabis facility to the nearest property line of a protected use.

C.

Shall not be located within 500 feet of the property line of a pre-existing property zoned or used for residential purposes. For the purpose of this section, setbacks shall be measured from the structure of the applicable cannabis facility to the nearest property line of a protected use.

D.

Shall not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

E.

All cultivation of cannabis shall take place in an enclosed facility.

F.

Shall provide adequate security measures to prevent unauthorized entrance into areas containing cannabis.

G.

Shall not allow on-site consumption.

H.

Shall be the sole use of the tenant space in which it is located, unless approved by county board.

(Ord. No. 20-04, § 1, 3-18-2020)

A.

Shall be licensed and registered by the Illinois Department of Financial and Professional Regulation.

B.

Shall not be located within 1,500 feet of the property line of a pre-existing church, public or private preschool, elementary school, secondary school, or residential care facility providing addiction recovery services.

C.

Shall not be located within 500 feet of the property line of a pre-existing property zoned or used for residential purposes.

D.

Shall provide adequate security measures to prevent unauthorized entrance into areas containing cannabis.

E.

Shall not allow on-site consumption.

F.

Shall be the sole use of the tenant space in which it is located, unless approved by county board.

(Ord. No. 20-04, § 1, 3-18-2020)

A.

Shall be licensed and registered by the Illinois Department of Financial and Professional Regulation.

B.

Shall not located within 1,000 feet of the property line of a pre-existing church, public or private preschool, elementary school, secondary school, or residential care facility providing addiction recovery services.

C.

Shall not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

D.

Shall provide adequate security measures to prevent unauthorized entrance into areas containing cannabis.

E.

Shall not allow on-site consumption.

F.

Shall be the sole use of the tenant space in which it is located, unless approved by county board.

(Ord. No. 20-04, § 1, 3-18-2020)

Unless otherwise noted, distances shall be measured in a straight line without regard to intervening structures or objects from the nearest point on the property line of the lot/parcel on which an applicable Cannabis Business Establishment Facility is located to the nearest point on the property line of the lot/parcel of any protected use as identified in Section 4.19.

(Ord. No. 20-04, § 1, 3-18-2020)

The intent of this section is to protect the public health by ensuring that any portion of a structure used for a residence meets building codes and provides adequate facilities for daily living.

(Ord. No. 21-07, § 1, 3-18-2021)

A.

A special use permit application shall be filed in compliance with Section 2.7, Special Uses.

B.

The use shall be as defined in section 1.2.3, Definitions.

C.

Must be accessory to the principle structure.

D.

Must be located within an existing structure.

E.

Must meet all building code requirements, as established by the Building and Zoning Department.

F.

Must meet all Boone County Health Department requirements regarding well and septic suitability.

G.

Shall not be more than two bedrooms.

H.

Shall not exceed more than 1,200 square feet.

I.

Must be occupied by a family member, as defined in section 1.2.3, Definitions.

J.

Proof of income generated by family farm must be presented prior to the approval of a special use permit, schedule F, reviewed by the State's Attorney Office.

K.

Only one accessory dwelling unit per parcel.

(Ord. No. 21-07, § 1, 3-18-2021)

The intent of this section is to protect the public health, ensure agricultural related activity is present in any aspects of this use.

(Ord. No. 22-15, 5-19-2022)

A.

The minimum lot size for an agritourism use is five acres.

B.

Agritourism-limited requires a site plan review.

C.

Limited agritourism must be incidental to and directly supportive of a main agricultural or farm operation of the property, on the same lot or parcel as the agricultural or farm operation or located on lots or parcels owned by the same person(s) as the agricultural or farm operation.

D.

Farm markets, farmers market, and farmstands, both indoors and outdoors, which are dedicated to promoting agricultural or farm operations shall constitute agritourism.

E.

All areas open to the public, including sales areas, seating areas, and activities areas, must be located a minimum of 40 feet from any lot line. This requirement does not apply to allowed agricultural activities and structures including, but not limited to, orchards, pumpkin patches, other U-pick operations, and farmstands.

F.

Well and septic suitability shall be determined and approved by the Boone County Health Department, and compliance with any other Boone County Health Department permits and applicable codes.

G.

Food and beverage services, with the exception of the sale of bottled water, shall follow the Boone County Health Department permitting processes; and applicable State and Federal permitting processes.

H.

An off-street parking area is required. Such area does not need to be paved.

I.

Farm animals, petting zoos, and other animal attractions may be included.

J.

All structures open to the public must meet commercial building codes, per Boone County Building Inspector.

(Ord. No. 22-15, 5-19-2022)

A.

The minimum lot size is 20.0 acres.

B.

Agritourism-intensive requires a site plan review.

C.

Agritourism must be incidental to and directly supportive of a main agricultural or farm operation of the property. The agritourism use must be located on the same lot or parcel as the agricultural or farm operation or located on lots or parcels owned by the same person(s) as the agricultural or farm operation.

D.

Agritourism uses shall not negatively impact agricultural operations of neighboring properties.

E.

Farm markets, farmers market, and farmstands, both indoors and outdoors, which are dedicated to promoting agricultural or farm operations shall constitute agritourism.

F.

All areas open to the public, including sales areas, seating areas, and activities and entertainment areas must be located a minimum of 40 feet from any lot line. This requirement excludes allowed agricultural activities and structures including, but not limited to, orchards, pumpkin patches, other U-pick operations, and farmstands.

G.

All structures open to the public must meet commercial building codes, per Boone County Building Inspector.

H.

Well and septic suitability shall be determined and approved by the Boone County Health Department, and compliance with any other Boone County Health Department permits and applicable codes.

I.

Food and beverage services, with the exception of the sale of bottled water, shall follow the Boone County Health Department permitting processes and State and Federal permitting processes.

J.

An off-street parking area is required. Such area does not need to be paved.

K.

Farm animals, petting zoos, and other animal attractions may be included.

(Ord. No. 22-15, 5-19-2022)

It is the purpose of this section to:

A.

Assure the protection of the health, safety, welfare for all Boone County residents and landowners.

B.

Assure that any development of a solar energy facility in Boone County is safe and effective.

C.

Facilitate economic opportunities for local residents.

D.

Comply with Illinois' statutory goal of increasing energy production from renewable energy sources.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

Applicant means the entity who submits to the county an application for the siting and operation of any commercial solar energy facility or substation. All references to applicant in this ordinance shall include applicant's successors-in-interest and assigns, which includes a commercial solar energy facility permittee (as defined herein).

B.

Commercial operation date means the calendar date on which the commercial solar energy facility produces power for commercial sale, not including test power.

C.

Commercial solar energy facility or commercial solar energy system means 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.

D.

Commercial solar energy building permit means a permit necessary for the commencement of work performed toward the construction, erection or installation of an approved commercial solar energy facility, substation, supporting facilities, or operations and maintenance building in connection with a commercial solar energy facility. A commercial solar energy building permit may be issued by the county after a commercial solar energy facility has obtained a special use permit from the county board and the Boone County Zoning Administrator determines that all conditions, if any, have been satisfied that are imposed by the special use permit. 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 county prior to commencement of construction of the commercial solar energy facility. The term "commencement of construction," as used in this ordinance, 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.

E.

Commercial solar energy facility permittee means an applicant who applies for and receives a special use permit under this ordinance for the siting and operation of any commercial solar energy facility or substation. All references to a commercial solar energy facility permittee in this ordinance shall include a commercial solar energy facility permittee's successors-in-interest and assigns.

F.

Financial assurance or financial security or decommission security means 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.

G.

Notice to proceed means 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.

H.

Nonparticipating property means real property that is not a participating property. "Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial solar energy facility is filed with the county.

I.

Occupied community building means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center.

J.

Operator means 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 operator in the ordinance shall include operator's successors-in-interest and assigns.

K.

Owner means the person or entity or entities with an equity interest in a commercial solar energy facility, including their respective successors-in-interest and assigns. The owner does not mean (i) the property owner from whom land is leased for locating a commercial solar energy facility (unless the property owner has an equity interest in a commercial solar energy facility); or (ii) any person holding a security interest in a commercial solar energy facility solely to secure an extension of credit, or a person foreclosing on such security interest, provided that after foreclosure, such person seeks to sell a commercial solar energy facility at the earliest practicable date. This definition includes the definition of facility owner as defined in 55 ILCS 5/5-12020.

L.

Participating property means 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, or license to use the real property for the purpose of constructing a commercial solar energy facility or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial solar energy facility or supporting facilities.

M.

Participating residence means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial solar energy facility is filed with the county.

N.

Professional engineer means a qualified individual who is licensed as a professional engineer in Illinois. Where a structural engineer is required to take some action under terms of this ordinance, a professional engineer may serve as the structural engineer if he or she has the appropriate structural engineering certification and is licensed as a structural engineer by the Illinois Department of Financial and Professional Regulations.

O.

Protected lands means real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.

P.

Public conservation lands means 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 non-profit conservation organizations. Public conservation lands also do not include private lands for which the owners have entered into contractual relationships with government or non-profit conservation organizations for conservation purposes.

Q.

Special use permit means a permit approved by the county board, after a public hearing, allowing a particular use at a specified location subject to compliance with certain specified special conditions as may be required by the county board.

R.

Substation means 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.

S.

Supporting facilities means the transmission lines, substations, access roads, storage containers, and equipment associated with the generation and storage of electricity by the commercial solar energy facility.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

This ordinance governs the siting and operation of commercial solar energy facilities and substations that generate electricity to be sold to wholesale or retail markets.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

No commercial solar energy facility or substation governed by this ordinance shall be constructed, erected, installed, or located within the county, unless prior siting approval has been obtained for each individual commercial solar energy facility or for a group of commercial solar energy facilities under a joint siting application pursuant to this ordinance.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

To obtain siting approval, the applicant must first submit a special use permit application to the county. The application is not considered accepted until the county has a reasonable opportunity to review the application to ensure all the requirements pursuant to this ordinance are included. The application fee is required at the time of submission but will not be deposited with the county until the application is complete and deemed accepted. The applicant shall receive written notice of the date the application is accepted.

B.

The special use permit application shall contain or be accompanied by the following information:

1.

A commercial solar energy facility summary, including, to the extent available: (a) a general description of the project, including (i) its approximate overall name plate 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 of inverters and transformers, (vii) the number of substations and/or grid interconnections, (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 commercial solar energy facility showing the planned location of solar panels, including legal descriptions for each site, participating and non-participating 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, electrical cabling to the substation(s), ancillary equipment, third party transmission lines, the location of any wetlands, flood plain, drainage structures including surface ditches and subsurface drainage lines, all drainage tile, underground mines, scenic and natural areas within 1,500 feet of the proposed commercial solar energy facility, and the layout of all structures within the geographical boundaries of any applicable setback;

4.

A proposed decommissioning plan for the commercial solar energy facility including cost estimations;

5.

All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this ordinance;

6.

An Agricultural Impact Mitigation Agreement (AIMA) executed between the applicant and the Illinois Department of Agriculture;

7.

Detailed maps including (a) a topographic map with the commercial solar energy facility site and the surrounding area; and (b) subsurface maps to include but not limited to (1) the aquifer and (2) sensitive aquifer recharge area (SARA);

8.

A review by the Illinois Historic Preservation Agency for a cultural and historical review of the area;

9.

Any other information normally required by the county as part of its permitting requirements for siting buildings or other structures;

10.

Waivers from the setback requirements executed by the occupied community building owners and/or the non-participating property owners bearing a file stamp from the Boone County Clerk and Recorder's Office confirming that the waiver was recorded against title to the affected real property.

11.

Results and recommendations from the Illinois Department of Natural Resources obtained through the ecological compliance assessment tool or a comparable successor tool.

12.

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.

13.

Information demonstrating that the commercial solar energy facility will avoid protected lands.

14.

Any other 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 ordinance, including the special use permit standards set forth below.

C.

The county reserves the right to request the applicant participate in a pre-application meeting with representatives from the planning department, building department, county highway engineer, impacted townships, the Boone County Soil and Conservation District and all other applicable departments and agencies as determined by the planning department.

D.

Material changes to the application are not permitted once the notice of the public hearing has been published, unless requested or permitted by the county; and

E.

The applicant shall submit 25 copies of the special use permit application to the county, and at least one copy in electronic format.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

Design safety certification.

1.

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.

2.

Following the granting of siting approval under this ordinance, a structural 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.

B.

Electrical components.

1.

All electrical components of the commercial solar energy facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and International Electrical Commission).

C.

Height.

1.

No component of a solar panel, cell or modules may exceed 20 feet in height above the ground at full tilt.

D.

Aesthetics, lighting and vegetation.

1.

Vegetative screening: In appropriate circumstances, a vegetative screen and landscape plan may be required for any part of the commercial solar energy facility that is visible to a participating or non-participating residence. The landscaping screen shall be located between the required fencing and the property line of the participating parcel upon which the facility sits. The establishment and management of vegetation shall be pursuant to the "Boone County Conservation District (BCCD) Landscape Plan Guidance" and at the sole discretion of the BCCD. The applicant shall pay the BCCD reasonable fees for the consultation and management pursuant to a fee schedule adopted by the BCCD.

2.

Lighting: If lighting is provided at the commercial solar energy facility, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel.

3.

Intra-project 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 or a substation adjacent to the property line.

E.

Fencing.

1.

A fence of at least six feet and not more than 25 feet in height shall enclose and secure the commercial solar energy facility.

F.

Warnings.

1.

A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

2.

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 up to a height of 15 feet from the ground.

G.

Setback requirements.

1.

The commercial solar energy facility shall be sited as follows, with setback distances measured from the nearest edge of any component of the facility:

a.

Occupied community buildings and dwellings on nonparticipating properties: 150 feet to the nearest point on the outside wall of the structure.

b.

Nonparticipating residences: 150 feet to the nearest point on the outside wall of the structure.

c.

Boundary lines of participating property: None.

d.

Boundary lines of nonparticipating property: 50 feet to the nearest point on the property line of the nonparticipating property.

e.

Public road rights-of-way: 50 feet the nearest edge of the public road right-of-way.

2.

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 Boone County Clerk and Recorder's Office.

H.

Compliance with additional regulations.

1.

Nothing in this ordinance is intended to preempt other applicable state and federal laws and regulations.

I.

Use of public roads.

1.

An applicant proposing to use any state, county, municipality, 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:

a.

Identify all such public roads and bridges;

b.

Obtain applicable weight and size permits from relevant government agencies prior to construction.

c.

Conduct a transportation impact analysis (TIA) that details the expected construction routes and the ESAL count per roadway segment. Core samples, or non-destructive testing methods, as approved by the county engineer, shall be used to determine the base and surface thickness of each public roadway used; and

d.

Evaluate all bridges and culverts on the construction routes for structural adequacy.

2.

To the extent an applicant must obtain a weight or size permit from the county, municipality, township or village, the applicant shall:

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 community solar energy facility and are authorized to collect fees for overweight and oversized load permits. Further, financial assurance in an amount to be fixed by the road district commissioner or the county engineer 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.

Enter into a road use agreement (RUA) with the county, each affected road district and the Illinois Department of Transportation (if applicable) that includes the following provisions, at a minimum:

i.

A project layout map including adequate exhibits so that the full impact to the public roadways within the project footprint can be determined;

ii.

A transportation impact analysis (TIA);

iii.

Pre-construction plans including but not limited to utility installations on or near the rights-of-way;

iv.

A project traffic map including information to regulate construction traffic impacts;

v.

Project scope of repairs;

vi.

Post-construction repairs including a requirement for repairing the damages to the roadway base, surface and appurtenances, in addition to providing for roadway surface upgrades;

vii.

A certificate of liability insurance for $10,000,000.00 per occurrence;

viii.

Requirement for a letter of credit in the amount of 125 percent of the estimated roadway base damage repair and roadway surface repairs and upgrades.

The road use agreement shall require 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 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.

3.

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 after such repairs and improvements are completed.

4.

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 engineer prior to the approval of any commercial solar energy facility building permit applications related to the construction of the proposed commercial solar energy facility.

J.

Applicant shall provide the type or "brand" solar panel. With that list, there shall be a list of potential hazardous materials as defined by the U.S. EPA Hazardous waste that could result from the specified type.

K.

Site assessment.

1.

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 the guidelines for conservation practices impact mitigation submitted by the county soil and water conservation district (or equivalent regulatory agency). Also, the applicant shall submit grading plans for the proposed substations for review and comment by the county soil and water conservation district prior to the issuance of any commercial solar energy facility building permit for the construction of said substations.

2.

A soil test for every 2.5 acres of the project site to establish baseline levels of contaminants shall be taken prior to construction. Soil draws shall be at identified locations and mapped for subsequent testing. Soil tests shall be conducted once a year and upon the request of the zoning administrator based on a reasonable belief that the solar panels incurred damage. The test shall be compared to those that may be identified in section J and/or as listed within the most recent Environmental Protection Agency Hazardous Waste listing. Samples shall be taken and evaluated by a third-party certified soil test agency chosen by the county and paid for by the applicant. The applicant/owner shall immediately remediate based on a recommendation of the evaluating agency and any costs for remediation shall be paid by the applicant/owner.

L.

Noise levels. Noise levels from commercial solar energy facilities shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. The applicant shall submit manufacturer's sound power level characteristics and other relevant data regarding 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.

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 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.

N.

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.

O.

Engineer's certificate. The commercial solar energy facility engineer's certificate shall be completed by a structural engineer registered in the State of Illinois or by a professional engineer with a certification from a structural engineer registered in the State of Illinois 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.

P.

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 a County-approved submitted special use permit application(s), conditions placed upon the operation of the facility, this ordinance and all applicable state, federal and local laws and regulations.

Q.

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 an Illinois Professional Engineer (or structural 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 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.

3.

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 ordinance, 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 ordinance that can be given effect without the invalid provision and, to this end, the provisions in this ordinance are severable.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

Maintenance.

1.

Annual report. The applicant must submit, on an annual basis on the anniversary date of the special use permit application, an operation and maintenance report to the county. 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) proof of an inspection of all solar panels for cracks or other damage; (iii) soil testing reports pursuant to 4.22.6 (J); (iv) compliance with the BCCD vegetation plan; (v) 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; (vi) calls for emergency services; (vii) status of liability insurance and proof of decommissioning financial assurance; and (viii) 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 Ordinance and subject to Section 4.22.10 Remedies.

2.

Re-certification. Any physical modification to the commercial solar energy facility that alters the mechanical load, mechanical load path, or major electrical components shall require recertification under section 4.22.6.(A)(1) of this ordinance. 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 identified in section 4.22.6 (A)(1) of this ordinance to determine whether the physical modification requires re-certification.

B.

Coordination with emergency responders.

1.

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, for the commercial solar energy facility so that the local law enforcement, fire protection district and rescue units, emergency medical service providers and emergency management service providers that have jurisdiction over each tower site may evaluate and coordinate their emergency response plans with the applicant of the commercial solar energy facility.

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 commercial solar energy facility. Prior to the operational date of the solar project, the applicant and the fire protection district (FPD) in which the project is located, shall enter into a written agreement detailing the specific training. The plan shall include but is not limited to time frame of said trainings and a list of the necessary equipment to be provided to the FPD.

3.

The applicant and the operator shall cooperate with all local emergency responders to develop an emergency response plan. The plan shall include, at a minimum, 24-hour contact information (names, titles, email addresses, cell phone numbers) for the applicant and the operator and at least three (3) designated commercial solar energy facility representatives (a primary representative with two (2) alternate representatives, each of whom are on-call "24 hours per day/7 days 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 24-hour contact information, shall be reviewed and updated on an annual basis.

4.

Nothing in this section shall alleviate the need to comply with all other applicable life safety, fire/emergency laws and regulations.

C.

Water, sewer, materials handling, storage and disposal.

1.

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.

2.

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.

3.

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.

D.

Signage. Signage regulations are to be consistent with ANSI standards. A reasonably visible 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.

E.

Drainage systems. 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 in accordance with the agricultural impact mitigation agreement.

(Ord. No. 23-16, § 1, 5-18-2023)

Commencing with the issuance of a commercial solar energy facility building permit, the applicant 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 $5,000,000.00 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 $5,000,000.00 per occurrence and $20,000,000.00 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 applicant 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 ordinance 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 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.

(Ord. No. 23-16, § 1, 5-18-2023)

The applicant shall formulate a decommissioning and site reclamation plan to ensure that the commercial solar energy facility is properly decommissioned. The decommissioning and site reclamation plan shall be binding upon the applicant and its successors-in-interest and assigns and shall apply to all participating parcels in the commercial solar energy facility, irrespective of the owner of title to such parcels. A signed decommissioning and site reclamation plan must be submitted to the county prior to the granting of the special use permit. The applicant shall ensure that the commercial solar energy facility is properly decommissioned within 12 months of the end of the commercial solar energy facility life. The applicant shall include removal of all physical material of the project improvements to a depth of 60 inches beneath the soil surface and the restoration of the area in accordance with the agricultural impact mitigation agreement.

A.

A decommissioning and site reclamation plan shall be prepared by an independent Illinois Certified Professional Engineer and shall include:

1.

A description of the methodology and cost to remove all above ground and below ground commercial solar energy facility equipment of the approved special use permit;

2.

Provisions for the removal of all above ground and below ground commercial solar energy facility equipment of the approved special use permit;

3.

Methodology and cost to restore all areas used for construction, operation and access to a condition equivalent to the land prior to the commercial solar energy facility construction;

4.

A work schedule and a permit list necessary to accomplish the required work;

5.

Methodology to identify and manage any hazardous or special materials.

6.

Methodology to properly dispose of all solar panels and any other material removed from the site.

7.

Submission of a draft form of financial security to the county in the form of a surety bond (performance and payment bond), irrevocable letter of credit or a cash escrow account that names county as the beneficiary, or other type of financial security that is approved by the county. If an irrevocable letter of credit or surety bond (performance and payment bond) is selected, the original of the irrevocable letter of credit or surety bond shall be held by the county. If a cash escrow is selected, the cash escrow shall be held and managed by an independent third party (e.g., escrow agent or title company) on behalf of the county, subject to escrow instructions that incorporate the applicable decommissioning and repair/replacement/restoration obligations of this agreement as executed by the county and the applicant.

8.

The amount of financial security shall be equal to the total cost of all decommissioning and restoration work minus the salvage value of the commercial solar energy facility equipment. To determine that amount, the applicant shall: (a) obtain bid specifications provided by a professional structural engineer; (b) request estimates from construction one demolition companies capable of completing the decommissioning of the commercial solar energy facility; and (c) certification of the selected estimate by a professional structural engineer. The county engineer, an independent engineer of the county's choosing, and the Boone County Zoning Administrator will review all estimates and make a recommendation to the county board for an acceptable estimate. The county reserves the right to pursue other estimates. All costs to secure the estimates will be funded by the applicant.

9.

Boone County retains all rights to challenge any and all salvage value assessments in the site decommissioning plan as a condition of approval of the commercial solar energy facility special use permit.

10.

A provision that the terms of the decommissioning and site reclamation plan shall be binding upon the applicant including any of its successors-in-interest and assigns;

11.

Confirmation by affidavit that the obligation to decommission the commercial solar energy facility is included in the lease agreement for every parcel included in the special use permit application. A list of all landowners should be kept current, and affidavits shall be secured from applicant and landowners stating their financial understanding;

12.

A provision that allows for the county to have the legal right to transfer applicable commercial solar energy facility material to salvage firms;

13.

Identification of and procedures for the county to access the financial assurances; and

14.

A provision that the county shall have access to the site, pursuant to reasonable notice to affect or complete decommissioning. A portion of the decommission security will be required to be held for one year past the decommissioning to settle any potential disputes.

B.

Provisions triggering the decommissioning of any portion of the commercial solar energy facility:

1.

Inactive construction of 12 consecutive months.

2.

If no electricity is generated by the commercial solar energy facility for 12 consecutive months after electricity is initially generated.

3.

If applicant has not paid landowners an amount owed in accordance with their lease agreements for a period of six consecutive months.

4.

The applicant dissolves or abandons the commercial solar energy facility without first transferring the commercial solar energy facility to a successor-in-interest or assign.

5.

If any part of the commercial solar energy facility falls into disrepair or creates any other health and safety issue.

C.

Provisions for the removal of structures, debris and cabling; both above and below the soil surface:

1.

Items required to be removed include but are not limited to: solar panels, cells and modules; solar panel mounts and racking, including any helical piles, ground screws, ballasts, or other anchoring systems; solar panel foundations, if used, to a depth of 60 inches; transformers, inverters, energy storage facilities, or substations; overhead collection system components; operations/maintenance buildings, spare parts buildings and substations/switching gear buildings; access roads; operation/maintenance yard/staging area; debris and litter; underground cables, fencing, access roads and culverts. A landowner must sign an agreement if they wish for operations/maintenance buildings, spare parts buildings and substations/switching gear buildings; operation/maintenance yard/staging area; access roads or culverts to remain.

D.

Provisions for the restoration of soil and vegetation:

1.

All affected areas shall be inspected, thoroughly cleaned and all construction related debris shall be removed.

2.

All affected areas must be remediated pursuant to the terms of the Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture.

3.

Items required to be restored include but are not limited to: windbreaks, waterways, site grading, drainage tile systems and topsoil to former productive levels.

a.

In work areas involving decommission from widening access roads or any other work areas, the topsoil must be first removed, identified and stored separate from other excavated material for later replacement as applicable.

b.

The 60-inch below-surface excavation area shall be filled with clean sub-grade material of similar quality to that in the immediate surrounding area.

c.

All sub-grade material will be compacted to a density similar to surrounding grade material.

d.

All unexcavated areas compacted by equipment used in decommissioning shall be de-compacted in a manner that adequately restores the topsoil and sub-grade material to the proper density consistent and compatible with the surrounding area.

e.

Where possible, the topsoil shall be replaced to its original depth and surface contours.

f.

Any topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of the effected site.

4.

Items required to be repaired after decommissioning include but are not limited to: roads, bridges and culverts.

5.

An independent drainage engineer shall be present to ensure drainage tiles, waterways, culverts, etc. are repaired as work progresses.

6.

A soil erosion control plan shall be approved by the county soil and water conservation district.

7.

All applicable stormwater management, floodplain and other surface water rules, regulations and ordinances shall be followed.

E.

Estimating the costs of decommissioning:

1.

Costs shall include but not be limited to engineering fees, legal fees, accounting fees, insurance costs, decommissioning and site restoration minus the salvage value of the commercial solar energy facility.

2.

Adjustments to the financial assurance amount that reflect changes in the decommissioning costs shall be submitted every five years after the initial ten years of operation and shall be adjusted for inflation and other factors. The amount of the decommission security shall be adjusted accordingly within six months of receiving the updated information as determined by an Illinois professional engineer. Failure to provide financial assurance as outlined herein shall be considered a cessation of operation.

F.

Financial assurance.

1.

Financial security shall be phased in and provided to the County over the first 11 years of the project as follows:

a.

On or before the first anniversary of the commercial operation date, the applicant shall provide the county with financial security to cover ten percent of the estimated costs of decommissioning the commercial solar energy facility as determined in the decommissioning and site reclamation plan.

b.

On or before the sixth anniversary of the commercial operation date, the applicant shall provide the county with financial security to cover 50 percent of the estimated costs of decommissioning the commercial solar energy facility as determined in the decommissioning and site reclamation plan.

c.

On or before the eleventh anniversary of the commercial operation date, the applicant shall provide the county with financial security to cover 100 percent of the estimated costs of decommissioning the commercial solar energy facility as determined in the decommissioning and site reclamation plan.

2.

The county shall have immediate access, upon written notice to the applicant, to use the decommission security if:

a.

After abandonment of the commercial solar energy facility, the applicant, upon a reasonable determination by the county board, fails to address a health and safety issue in a timely manner; or

b.

The applicant fails to decommission the abandoned commercial solar energy facility in accordance with the decommissioning and site reclamation plan.

3.

If possible, for the type of decommission security provided, the applicant shall grant perfected security in the decommission security by use of a control agreement establishing the county as an owner of record pursuant to the Secured Transit Article of the Uniform Commercial Code, 810 ILCS 9 et seq.

4.

The county board or its escrow agent shall release the decommission security when the applicant has demonstrated and the county concurs that decommissioning has been satisfactorily completed, or upon written approval of the county to implement the decommissioning plan. Ten percent of the decommission security shall be retained one year past the date to settle any outstanding concerns.

5.

Any interest accrued on the decommission security that is over and above the total value as determined by the Illinois professional structural engineer shall go to the applicant.

6.

The applicant shall identify procedures for the county to assess the financial assurances, particularly if it is determined that there is a health and/or safety issue with the commercial solar energy facility and the principal company fails to adequately respond as reasonably determined by the county board.

7.

The county shall be listed as a debtor in connection with any proceeding in insolvency or bankruptcy but shall not be responsible for any claims against the applicant.

8.

The applicant shall agree that the obligations and liabilities under a special use permit shall be binding upon the applicant (which, for the avoidance of doubt, includes its successors-in-interest and assignees) and the operator. The applicant further shall agree that the sale, assignment in fact or at law, or other transfer of the applicant's financial interest in the commercial solar energy facility shall in no way effect or change the applicant's obligation to continue to comply with the terms, covenants and obligations of a special use permit unless such successor-in-interest or assignee agrees to assume all obligations of the special use permit, including but not limited to the decommissioning obligations associated with the commercial solar energy facility.

9.

The county and its authorized representatives have the right of entry onto the commercial solar energy facility premises for the purpose of inspecting the methods of reclamation or for performing actual reclamation if necessary.

(Ord. No. 23-16, § 1, 5-18-2023)

A.

The applicant's failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the project, 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 by the county board.

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 30-calendar day period from the date of the notice. Should the applicant commence the cure within that 30-day cure period, and diligently pursues a cure, then the applicant shall receive an additional sixty (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 applicable county ordinance provisions addressing the resolution of such default(s) shall govern.

(Ord. No. 23-16, § 1, 5-18-2023)

1.

Application fees.

a.

Prior to processing any application for a commercial solar energy facility, the applicant must submit a certified check to the county for the application fee established by the Boone County fee schedule adopted by the Boone County Board for special use permits. These funds shall be placed in an FDIC insured account and will be used to cover the county's cost incurred in processing the application.

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.

c.

Any unused amounts of the application fee shall be refunded to the applicant within six months of the county board rendering a final decision on the matter, unless any pending litigation, disputes or negotiations involving the county exist regarding the commercial solar energy facility, in which case any amounts owed to the applicant shall be refunded within six months of the conclusion of the litigation, disputes or negotiations. An applicant may request any unused application fee be applied toward the building permit fees for the facility.

2.

Building permit fees.

a.

Prior to the issuance of building permits, the building permit applicant must deposit a building permit fee established by the Boone County Fee Schedule adopted by the Boone County Board for Building Permits.

3.

Engineering and legal fees.

a.

Road use agreement (RUA). Not less than 30 days after a special use permit has been granted, an initial engineering and legal fee as established by the Boone County Road Use Agreement Schedule adopted by the County Board to cover all engineering consulting and legal fees incurred by the county for the duration of the project from the initial construction efforts to completion. The amount of the initial engineering and legal fee may be adjusted at the discretion of the county engineer based on the size of the proposed project. Additional funds shall be required, as deemed necessary by the county engineer. Monies remaining in the consulting fund at the completion of the project will be refunded back to the WEFS project.

b.

Engineering fees. For any provision in this ordinance, when the county has to retain an outside expert based on specific expertise or lack of staff time to review, the applicant at their sole expense shall pay said expert for their fees related to said review.

c.

Legal fees. For any provision in this ordinance, when the county has to retain an outside legal counsel based on specific expertise or lack of staff time to review, the applicant at their sole expense shall pay said legal counsel for their fees related to said review.

4.

All costs to be paid by applicant or owner. In addition to all fees noted above, the applicant or owner shall pay all costs incurred by the county, including but not limited to, those costs associated with all offices, boards and commissions of the county, and third-party costs incurred by the county. This includes, but is not limited to, the direct or indirect costs associated with the hearing, permitting, operations, inspections, decommissioning, litigation, disputes, and/or negotiations.

(Ord. No. 23-16, § 1, 5-18-2023)

The county may engage the services of a hearing facilitator at the recommendation of the zoning administrator. 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.

(Ord. No. 23-16, § 1, 5-18-2023)

The county board may approve a commercial solar energy facility special use permit application, if it finds the evidence complies with state and federal law and regulations, and with the standards of this zoning code including the factors listed below. The factors below are applied as a balancing test, not individual requirements to be met.

a.

The establishment, maintenance or operation of the commercial solar energy facility will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

b.

The commercial solar energy facility will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values of surrounding properties;

c.

The establishment of the commercial solar energy facility will not impede the normal and orderly development and improvement of the surrounding properties;

d.

Adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

f.

The proposed commercial solar energy facility is not contrary to the objectives of the current comprehensive plan of the county (if any); and

g.

The commercial solar energy facility shall, in all other respects, conform to the applicable regulations of this ordinance and the zoning district in which it is located (if a zoning ordinance is in effect), except as such regulations may, in each instance, be modified pursuant to the recommendations of and approved by the county board.

h.

To preserve prime agricultural land for agricultural uses, the solar project site's land evaluation (LE) score is 82 or lower.

i.

To protect sensitive aquifer recharge areas within the county, the solar project site is located where the aquifer recharge area has minimal impact, as determined by the relevant groundwater and hydrogeologic studies and maps utilized by Boone County.

1.

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 ordinance.

2.

Revocation.

a.

In any case where a special use permit has been approved for a commercial solar energy facility, 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 36 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 36 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. Notwithstanding Boone County Zoning Ordinance 2.7.7 A., 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 36 month period by passage of an ordinance that amends the special use permit.

b.

The special use permit shall be subject to revocation if the applicant 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 section 4.22.10-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 ordinance and the stipulated special use permit conditions and restrictions.

3.

Transferability; owner or commercial solar energy facility permittee. The applicant shall provide written notification to the county board at least 30 days prior to any change in ownership of a commercial solar energy facility of any such change in ownership. 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 applicant, 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 ordinance and applicable county, state and federal laws.

4.

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 or authorized representative, shall apply for an amended special use permit prior to any modification of the commercial solar energy facility.

5.

Permit effective date: The special use permit shall become effective upon approval of the ordinance by the county board.

(Ord. No. 23-16, § 1, 5-18-2023)