The purpose of this chapter is to designate the zoning districts in which specific uses are permitted. Some permitted uses require administrative review and approval based on additional standards, which may determine where in a district a use is permitted or what specific additional standards apply to that use. It also indicates whether a use requires a special use permit be approved or whether the use is prohibited. (Ord. 10-001, 1-12-2010)

The following three (3) tables provide the information on uses permitted in each district:

   A.   Symbols Used In The Use Tables: The following symbols are used in tables 8-2-2-1A, "Agricultural, Residential, And Institutional Uses"; 8-2-2-1B, "Nonresidential Uses"; and 8-2-2-1C, "Temporary Uses", of this section, to indicate whether a particular use is permitted, permitted by administrative review (subject to administrative review use standards), permissible by special use review (subject to special use standards), or prohibited within each zoning district:

      1.   "P" indicates a permitted use, where the use is permitted as a matter of right, subject to the general standards of section 8-2-3, "General Use Standards", of this chapter, and all other applicable provisions of this title.

      2.   "A" indicates an administrative review use, which is subject to additional review by the Land Use Director for compliance with the standards of section 8-2-3, "General Use Standards", of this chapter, and the applicable performance standards of section 8-2-4, "Administrative Review Use Standards", of this chapter. Not all properties or project designs may meet these requirements; thus, the use may not be allowed to be established on every parcel within the district.

      3.   "S" indicates a special use, which is allowed only upon granting a special use permit as provided in section 8-14-6, "Special Use Permits", of this title. The Zoning Board of Appeals, Land Use Committee, and County Board review special use permit applications for compliance with the standards of section 8-2-3, "General Use Standards", of this chapter, and the applicable performance standards of section 8-2-5, "Special Use Standards", of this chapter. Not all properties or project designs may meet these requirements; thus, the use may not be allowed to be established on every parcel within the district.

      4.   "N" indicates a prohibited use that is not permitted in that district. (Ord. 2018-012, 6-12-2018)

TABLE 8-2-2-1A
AGRICULTURAL, RESIDENTIAL, AND INSTITUTIONAL USES

 

 

 

Notes:

    1.   All general use standards enumerated in section 8-2-3, "General Use Standards", of this chapter, shall apply to all land uses enumerated in this table, as appropriate. Listings in this column are provided as a convenient reference to certain applicable standards.

    2.    See section 8-2-3-1 of this chapter.

    3.    Only applicable to R, PR, and R-200 lots.

(Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012; Ord. 2012-011, 4-10-2012; Ord. 2012-015, 4-10-2012; Ord. 2012-016, 4-10-2012; Ord. 2020-003, 1-14-2020; Ord. 2021-016, 6-8-2021; Ord. 2021-018, 6-8-2021)

 

 

Note:

   1.   All general use standards enumerated in section 8-2-3, "General Use Standards", of this chapter, shall apply to all land uses enumerated in this table, as appropriate. Listings in this column are provided as a convenient reference to certain applicable standards.

(Ord. 10-001, 1-12-2010; amd. Ord. 2012-015, 4-10-2012; Ord. 2012-016, 4-10-2012; Ord. 2014-018, 11-10-2014; Ord. 2021-015, 6-8-2021; Ord. 2021-016, 6-8-2021)

TABLE 8-2-2-1C
TEMPORARY USES

 

 

 

Note:

   1.   All general use standards enumerated in section 8-2-3, "General Use Standards", of this chapter, shall apply to all land uses enumerated in this table, as appropriate. Listings in this column are provided as a convenient reference to certain applicable standards.

(Ord. 10-001, 1-12-2010; am. Ord. 2021-016, 6-8-2021)

   A.   Unlisted Uses Prohibited: Any use that is not listed in section 8-2-2-1, table 8-2-2-1A, "Agricultural, Residential, And Institutional Uses"; 8-2-2-1B, "Nonresidential Uses"; or 8-2-2-1C, "Temporary Uses", of this chapter is prohibited.

   B.   New And Similar Uses: It is not the intent to prohibit legitimate similar uses or new uses similar to those that are listed. The director shall decide whether the proposed use is either a subcategory of a permitted or special use, or a use that is functionally similar to a permitted or special use.

   C.   Decision Criteria: The following decision criteria shall be evaluated when the land use department decides whether a proposed use is a subcategory of, or functionally similar to, a permitted or special use:

      1.   Parking demand;

      2.   Average daily and peak hour trip generation (cars and trucks);

      3.   Water demand;

      4.   Solid waste generation;

      5.   Impervious surface;

      6.   Noise;

      7.   Lighting;

      8.   Dust;

      9.   Odors;

      10.   Use and storage of hazardous materials;

      11.   Character of buildings and structures;

      12.   Character of operation; and

      13.   Hours of operation.

   D.   Effect Of The Land Use Department's Determination:

      1.   If the land use department approves an application for a decision pursuant to this section, then the land use shall be applied with the same restrictions as the land use to which it was compared for the purposes of the favorable decision.

      2.   If the land use department determines that a proposed land use is not a subcategory of, or functionally similar to, an already listed land use, then the proposed use is a prohibited use. (Ord. 10-001, 1-12-2010)

Accessory agricultural uses include growing crops or keeping livestock animals on a parcel where this use is not the principal use of the parcel. This is a common accessory use in Grundy County where a homeowner will have a large garden or a small greenhouse on the property for the individual’s own use. Accessory livestock animals are allowed by right in the A, AR, and PR zoning districts. This use is permitted in combination with the keeping of other livestock animals so long as the maximum number of allowed animal units (horses and other types of livestock animals) in the relevant zoning district are not exceeded.

Accessory agricultural uses include:

   Field crops.

   Greenhouse for private use only.

   Nursery for private use only.

   The keeping of livestock animals for personal use only and subject to the following standards:

      A.   All buildings housing livestock animals shall be set back at least one hundred feet (100') from all property lines.

      B.   Grazing livestock animals shall have one acre of continuous grazing. For parcels greater than five acres, the grazing acreage shall be one acre of grazing for each five acres of land, or fraction thereof.

      C.   Small birds, small reptiles, fish, and small mammals like gerbils, rabbits, mice, and similar small animals are not limited in number.

      D.   The sanitation and management of the livestock animals shall comply with the current Illinois Environmental Protection Agency for manure management and the Animal Welfare Management regulations of the Illinois Department of Agriculture.

      E.   There shall not be more than one animal unit per acre or part thereof. The following table shows the value in animal units for mature livestock animals permitted per acre of land:

 

 

   (Ord. 10-001, 1-12-2010; amd. Ord. 2012-011, 4-10-2012; Ord. 2021-017, 6-8-2021)

All accessory structures shall meet the following standards:

   A.   Timing Of Construction: An accessory use or structure of one thousand (1,000) square feet is allowed prior to construction of the principal structure, with issuance of a building permit for said principal structure.

   B.   Use Restrictions: Accessory structures shall not be used for residential occupancy or commercial purposes.

   C.   Location Of Structures: The following standards apply to the location of freestanding accessory structures:

      1.   Permitted locations of accessory uses and structures are shown in table 8-2-3-2, "Permitted Locations Of Accessory Uses", of this section.

            TABLE 8-2-3-2

            PERMITTED LOCATIONS OF ACCESSORY USES

 

 

Notes:

   1.   If the rear yard is also a street yard, the permitted accessory structure must be located at least 10 feet from any property line.

   2.   The structure may be located in a side yard (excluding street yard) of a lot having an area of 1 acre or more in size, provided that the structure is located at least 20 feet behind the extended front plane of the principal building.

   2.   The location of freestanding accessory structures to multi- family or attached dwellings shall be approved during the land development review process to ensure that essential access is safe and the structures do not create a nuisance to the adjoining properties.

   D.   Swimming Pools: Swimming pools must be fenced with at least a four foot (4') fence with a gate that is self-latching and self- locking. Alternatively, a swimming pool may be equipped with a power safety cover that complies with the international building code in place of the fence; or a barrier may be mounted on top of the pool to protect it from unauthorized use.

   E.   Maximum Building Area: The maximum area for accessory buildings and structures on any lot shall not exceed five thousand (5,000) square feet.

   F.   Maximum Height: One story or twenty five feet (25'), whichever is lower.

   G.   Height Measurement: Accessory structure height is calculated by measuring the vertical distance from the average finished ground level around the base of the structure to the highest point on the structure. (Ord. 10-001, 1-12-2010)

The following provisions shall apply to fences on parcels with nonagricultural uses:

   A.   Requirements for all land uses:

      1.   Impedance Of Drainage: No fence or wall may be erected, constructed, or maintained on any portion of a lot where the natural stormwater runoff would be impeded.

      2.   Height And Setback Requirements: Fences shall comply with the height and setback requirements displayed in table 8-2-3-3, "Fence Height And Setback Requirements", of this section:

            TABLE 8-2-3-3

            FENCE HEIGHT AND SETBACK REQUIREMENTS

 

      3.   Visibility: All fences located in the front yard (or a street facing yard on a corner lot) shall not reduce visibility through the fence by more than fifty percent (50%) when viewed at a ninety degree (90°) angle.

   B.   Residential land uses:

      1.   Design: Open picket fences that are located in front yards or street side yards shall be designed such that less than fifty percent (50%) of the face of the fence is opaque. Slats shall not be woven into chainlink fences in front yards. See figure 8-2-3-3A, "Fence Opacity", of this section.

FIGURE 8-2-3-3A
FENCE OPACITY

Opacity is measured as the total width of pickets (or other fence components) between posts, divided by the distance between posts; or in the case of horizontal fence types, the total width of horizontal fence elements divided by the height of the fence.

Acceptable: Front yard fence with 50% opacity (50% of area between posts is gaps).

Unacceptable: Front yard fence with 80% opacity (only 20% of area between posts is gaps).

      2.   Orientation: The finished side of all fences shall face out toward neighboring property or adjacent rights of way. See figure 8-2-3-3B, "Fence Orientation", of this section.

FIGURE 8-2-3-3B
FENCE ORIENTATION

 

 

      3.   Materials:

         a.   Materials shall be durable and of a character commonly used in residential applications, including: weather resistant wood species, split rail, wood treated with U.S. environmental protection agency approved preservatives, painted wood, ornamental wrought iron or powder coated aluminum, vinyl, brick, and stone.

         b.   Scrap lumber, plywood, sheet metal, plastic, or fiberglass sheets are expressly prohibited. Spikes, nails, or other sharp point or instrument on top or sides of such fence are prohibited. (Ord. 10-001, 1-12-2010)

         c.   Welded wire, barbed wire, electric, agricultural fencing, and chicken wire fences are permitted only in the agricultural (A) district and agricultural residential (AR) districts that are greater than twenty (20) acres in size that are intended to hold livestock. (Ord. 2014-006, 4-8-2014)

   C.   Commercial, institutional, and industrial land uses:

      1.   Yards Adjoining Streets: Unless the use is classified as an industrial use in section 8-2-2-1, "Table 8-2-2-1B, Nonresidential Uses", of this chapter, no fence shall be permitted in any required front yard or side yard adjoining a street.

      2.   Materials: Barbed wire cradles facing inward toward the property may be placed on top of fences enclosing public utility buildings or wherever the director finds that such are necessary to address a demonstrated security interest. The use of barbed wire shall be complemented with opaque landscaping, such as a thick hedge, as illustrated in figure 8-2-3-3C, "Barbed Wire Fence Buffering", of this section.

FIGURE 8-2-3-3C
BARBED WIRE FENCE BUFFERING

(Ord. 10-001, 1-12-2010)

Nonlicensed, home child daycare shall be permitted in single- family dwellings for eight (8) or fewer unrelated children. Licensing requirements of the Illinois department of children and family services (DCFS) are available in DCFS bulletin #173, summary of licensing standards for day care centers, and other DCFS publications. (Ord. 10-001, 1-12-2010)

Home occupation accessory uses are permitted in the agricultural (A), agricultural residential (AR), planned residential (PR), residential (R), and commercial general (CG) districts subject to the following requirements:

   A.   Ownership Of Business: Home occupations shall be managed and owned by a person residing in the dwelling unit. It shall be conducted within the premises of such home and shall be incidental and secondary to the use of the dwelling for dwelling purposes.

   B.   Maximum Floor Area: Home occupations shall not exceed twenty five percent (25%) of the gross floor area of the principal building, including the cellar or basement. No more than twenty five percent (25%) of the floor area of an accessory building shall be devoted to such occupation.

   C.   Employees: No more than one person shall be employed who is not a member of the family residing in the dwelling.

   D.   Access: The entrance to the space devoted to such occupation shall be from within the dwelling or the normal entrance to the accessory building.

   E.   Building Character: There shall be no display, storage, or activity that will indicate from the exterior of a dwelling that it is being used for any use other than as a dwelling.

   F.   Outdoor Storage: No outdoor storage is allowed.

   G.   Outdoor Display Of Merchandise: No commercial display of materials, merchandise, goods, or equipment shall be visible from the exterior of the dwelling unit unless located in the CG district.

   H.   Signage: One nameplate, no more than three (3) square feet, is permitted unless located in the CG district.

      1.   It shall only contain the name of the occupant's business.

      2.   It shall not be illuminated.

      3.   It shall be set back at least twenty five feet (25') from the street lot line.

   I.   Deliveries: Stock in trade, including that which is produced on the premises, shall not require receipt or delivery of merchandise, goods, or equipment by other than U.S. postal service mail, similar parcel delivery service, or by a private passenger automobile or up to a three-quarter (3/4) ton pickup truck.

   J.   Commercial Vehicles: Irrespective of subsection I of this section, the home occupation shall not involve vehicles over seven thousand (7,000) pounds or trailers parked on the premises in a place that is visible from adjoining property or public rights of way, which identifies by sign, logo, or emblem the occupation, business, or activity. This restriction is exempted in the CG district, where commercial vehicles are allowed.

   K.   Nuisance: The home occupation shall not create or cause any perceptible noise, glare, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

   L.   Risk: The home occupation shall not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes.

   M.   Parking:

      1.   Parking for no more than five (5) vehicles is permitted unless located in the CG district.

      2.   Parking spaces shall not be located in the required front yard.

   N.   Hours Of Operation: Home occupations shall not be generally open to the public at times earlier than six o'clock (6:00) A.M. nor later than ten o'clock (10:00) P.M.

   O.   Prohibited Operations: The following uses are prohibited as home occupations:

      1.   Retail sales.

      2.   Professional services, teaching, counseling, instruction, or any group activity involving more than five (5) persons at a time. The performance of religious rites shall be exempted from this provision.

      3.   Storage of hazardous materials. (Ord. 10-001, 1-12-2010)

Where loading and truck access is located in any yard that abuts a residential use or vacant property that can only be used for residential purposes, the following shall be required:

   A.   Landscaping: The entire area shall be screened by a landscaped buffer, as required by the landscaping requirements in chapter 9, "Landscaping And Tree Protection", of this title.

   B.   Berm: A six foot (6') or taller berm or low maintenance, durable solid fence or wall shall be provided.

   C.   Roof Enclosure: An alternative to subsections A and B of this section is to place the loading and truck access activities within a structure, as indicated in figure 8-2-3-6, "Roof Enclosure", of this section.

FIGURE 8-2-3-6
ROOF ENCLOSURE

(Ord. 10-001, 1-12-2010)

   A.   Pump And Canopy Setbacks: Gasoline dispensing pumps and service station canopy roofs shall be set back fifteen feet (15') from all street frontages.

   B.   Canopy Design:

      1.   Canopies shall use a similar architectural style, materials, and roofing as the principal building.

      2.   Canopies shall not be used as an extension of signage beyond that which is allowed in chapter 5, "Signs", of this title.

      3.   The trim of the canopy shall not be internally or externally illuminated. (Ord. 10-001, 1-12-2010)

   A.   Items For Sale: Outdoor displays of merchandise by retail businesses are permitted if the outdoor display area involves items for sale by a commercial retailer located within a permanent structure or designated area on the same site.

   B.   Restrictions: Outdoor displays of merchandise are allowed on a continuous basis provided that they:

      1.   Are located adjacent to a principal structure wall and extending to a distance of no more than fifteen feet (15') from the wall;

      2.   Inclusive of subsection A of this section, are located outside of the public right of way and/or at least fifteen feet (15') from the back edge of the adjacent curb or street pavement;

      3.   Do not block windows, entrances, or exits;

      4.   Do not cover more than one-half (1/2) of the width of a pedestrian walkway, leaving a minimum of five feet (5') between the storefront and the curb, or otherwise impede in any way the ability of pedestrians to access the building;

      5.   Do not exceed fifteen percent (15%) of the building's ground floor area or one thousand (1,000) square feet, whichever is less;

      6.   Do not reduce the capacity of the parking areas required by this title;

      7.   Allow multiple items to be displayed on a rack, but not stacked upon each other.

      8.   Do not include any display that exceeds fifteen feet (15') in height. (Ord. 10-001, 1-12-2010)

New outdoor storage is prohibited except as provided in this section.

   A.   Limitations: The following standards apply to exterior storage, unless otherwise specifically permitted:

      1.   Agricultural (A) district: Outdoor storage is permitted only on farmsteads and must be related to a home business or permitted commercial activity. The area shall be screened by a hedge or fence from residential neighbors within one hundred fifty feet (150') and from public streets. The storage area shall occupy no more than one percent (1%) of the property or twenty thousand (20,000) square feet, whichever is less.

      2.   Commercial general (CG) and commercial interchange (CI) districts:

         a.   Storage is limited to goods actually sold on the premises of the occupancy.

         b.   Outdoor storage area is limited to five percent (5%) of the building's floor area.

         c.   Storage areas shall be designed to blend with the building facade and screened with a wall in the same architectural materials as the building.

      3.   Industrial (I) district:

         a.   Storage is limited to materials used in manufacturing on the site or to finished or partially finished goods after manufacture on the site. Cargo in transit and cargo containers are regulated by section 8-2-5-20, "Outdoor Cargo Container Storage And Handling Facilities", of this chapter.

         b.   If located within five hundred feet (500') from a property line, the outdoor storage area shall be screened from the street by the building. Where this is not achieved, then it shall be fully screened with landscaping.

         c.   The storage area shall not exceed fifteen percent (15%) of the building area unless a special use permit is obtained. Required screening for a special use may include, but is not limited to, opaque landscaping or screening as described below.

   B.   Screening:

      1.   Except in the industrial (I) district, all exterior or outdoor storage shall be enclosed by a wall, berm, or opaque fence of sufficient height to fully screen the stored materials from public view.

      2.   If a fence, rather than a solid wall, is used, then shrubs shall be planted outside the fence at a maximum of thirty six inches (36") on center around the entire periphery of the storage area. (Ord. 10-001, 1-12-2010)

   A.   Commercial, Institutional, Multi-Family Residential, And Industrial Uses: Trash enclosures for commercial, institutional, multi-family residential and industrial uses shall be screened according to the following standards:

      1.   Accessory Waste/Trash Storage Screening: Metal refuse containers, waste bins, and similar common waste storage facilities shall be fully enclosed with a one hundred percent (100%) opaque wooden fence, masonry wall, or earthen berms. The required enclosure shall have wooden gates, which must remain closed. The area shall be landscaped on three (3) sides as indicated in figure 8-2-3-10, "Roofless Trash Enclosure", of this section.

FIGURE 8-2-3-10
ROOFLESS TRASH ENCLOSURE

(Ord. 10-001, 1-12-2010)

   A.   Agricultural And Agricultural Residential Lot Splits: Single- family detached dwellings are permitted in both the agricultural (A) and the agricultural residential (AR) zoning districts as follows:

      1.   Agricultural And Agricultural Residential Zoning Districts Minimum Lot Size Requirements: A and AR zoning districts are allowed to have only one lot for a dwelling that is a minimum of 1.5 acres in size. The lot or tract of the land must be a lot of record as of July 8, 1980. Exceptions are only permitted for attached accessory units. (See section 8-2-3-2, "Accessory Structures", of this chapter.)

      2.   Survey And Recording Of Lots: Prior to the establishment of a residential lot, a legal description of the plat of survey, approved by a registered surveyor, of the proposed residential lot shall be provided. This survey shall show the lot lines of each lot(s) and the overall tract used to satisfy the five (5) acres per dwelling unit density requirements. The agricultural tract used to satisfy the density requirements must be surveyed and must be recorded in the office of the recorder of deeds.

      3.   Agricultural Residential Maximum Number Of Units: One additional dwelling unit up to a maximum of seven (7) additional units shall be permitted for lots of record as of July 8, 1980, provided the overall tract of land on which the lots are to be located contain an additional three (3) acres or more for each such dwelling unit.

      4.   Adjustment Of Minimum Lot Size: The minimum lot size may be increased subject to plan policies and/or septic system standards.

   B.   Extensions Of Residential Lots: In order to retain agricultural land in agricultural use and in order to provide for low density residential development on lands poorly suited to agricultural use in the agricultural (A) district, peninsular extensions of residential lots to the required public right of way may be granted.

      1.   The residential lots shall conform to subsection A of this section and the conditions of this subsection when the proposed residential lot:

         a.   Is made up of more than fifty percent (50%) of nonprime soils as defined in the county's land evaluation and site assessment (LESA); or

         b.   Is a lot of record at the effective date hereof which is five (5) acres or less in size; or

         c.   Is a lot of record at the effective date hereof which is more than five (5) acres, but less than 10.01 acres in size and is neither square nor rectangular in shape; or

         d.   Is classified as woodlands where more than fifty percent (50%) of the acreage of the lot contains deciduous or evergreen trees; or

         e.   Is classified as nonfloodplain where more than fifty percent (50%) of the acreage of the lot is not in a floodplain as determined by the latest national flood insurance program flood insurance rate map.

Peninsular extensions are excluded from computation of the minimum lot area.

      2.   Access driveways on said peninsular extensions shall meet the following minimum standards:

         a.   A minimum driveway width of eighteen feet (18') and a clearance of thirteen feet six inches (13'6") above grade.

         b.   A driveway greater than two hundred feet (200') in length must receive specific design approval from the fire protection district in which it is located.

         c.   A spacing requirement such that any access driveway must be separated from the nearest access driveway along the same road by at least:

            (1)   One thousand five hundred feet (1,500') if average daily traffic on the road is five hundred (500) or more vehicles per day.

            (2)   One thousand two hundred fifty feet (1,250') if average daily traffic on the road is between two hundred fifty (250) and four hundred ninety nine (499) vehicles per day.

            (3)   One thousand feet (1,000') if average daily traffic on the road is two hundred forty nine (249) or fewer vehicles per day.

Average daily traffic is to be determined by the most recent Illinois department of transportation map for the county.

         d.   Existing farmhouses with existing access driveways shall be exempt from the driveway standards above.

         e.   A zoning certificate will be required for residential lots with peninsular extensions to the required public road.

         f.   Shared access driveways on peninsular extensions shall be allowed; provided, that shared driveway access shall be to no more than three (3) residential lots. (Ord. 10-001, 1-12-2010)

The following provisions shall apply to the temporary storage of trailers and boats on residential parcels:

   A.   Trailers: Camping trailers, travel trailers, and other trailers (not including mobile homes) shall only be permitted:

      1.   In a lawfully established camping area; or

      2.   On a lot lawfully used for the sale, rental, repair, storage, or manufacture of such trailers, and then only when not used for dwelling or camping purposes; or

      3.   On a lot containing a single-family detached dwelling; provided that only one such trailer is permitted on each such lot. Furthermore, that such trailer, be stored or parked in the rear yard at any time or in the front yard from May 1 through November 1.

      4.   Temporary residential use during construction of a permanent residential unit for a period not to exceed twenty four (24) months.

   B.   Boats: One boat owned by the occupant of the dwelling may be stored or parked at any time in the rear yard of a lot containing a single-family detached dwelling, or in the front or side yard from April 1 to November 1 provided no major repair, disassembly, or rebuilding operations are conducted thereon. (Ord. 10-001, 1-12-2010)

One or more storage buildings are permitted on a residential lot provided that the following standards are met:

   A.   Design: The storage building shall be a permanent structure that is designed for storage use. Converted semitrailers, manufactured homes, modular shipping containers, refuse containers, or similar structures or equipment shall not be used for storage.

   B.   Occupancy: Storage and utility buildings shall not be used for human habitation.

   C.   Location: Storage and utility sheds shall be erected in accordance with the provisions of section 8-2-3-2, "Table 8-2-3-2, Permitted Locations Of Accessory Uses", of this chapter.

   D.   Height: The structure shall not exceed twenty five feet (25') in height. (Ord. 10-001, 1-12-2010)

   A.   Accessory Use: Small scale wind energy conversion systems (S-SWECS) are allowed as an accessory use and structure in all zoning districts, subject to the following requirements:

      1.   Height: The total height of a S-SWECS tower with blade or a meteorological tower used in conjunction with the S-SWECS shall not exceed one hundred feet (100') unless specifically allowed by the county board.

      2.   Setbacks: The setback of the towers shall not be less than the following:

         a.   Lot lines: 1.1 times the total height of the structure.

         b.   Pipelines and public rights of way: 1.1 times the total height of the structure.

         c.   Public roads: 1.1 times the total height of the structure.

         d.   Power or communication transmission line above or below ground: 1.1 times the total height of the structure.

         e.   Highways: 1.1 times the total height of the structure.

         f.   Inhabited structures on adjacent lands: 1.1 times the total height of the structure.

      3.   Color, Finish, And Appearance: The tower and the blades of the S-SWECS shall be nonreflective and unobtrusive color that will aid in blending the system to the environment. The finish of the tower and the blades shall be matte and nonreflective. No lettering, company insignia, advertising or graphics shall be on any part of the tower, hub, or blades.

      4.   Blade Clearance: The vertical distance from the grade to the tip of the wind turbine blade when the blade is at its lowest point must be at least twenty five feet (25').

      5.   Lighting: No glare shall extend beyond the boundaries of the S-SWECS. The applicant shall utilize the least intrusive lighting possible.

      6.   Landscaping: Applicant shall minimize the disruption of natural environment, retain existing vegetation and native plant species to the maximum extent feasible, and replant with native vegetation if existing vegetation is disturbed during construction. Landscaping shall be used as part of screening from adjacent properties or public view.

      7.   Federal And State Requirement Compliance: The S-SWECS shall meet or exceed any standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate S-SWECS.

      8.   Power Lines: All electrical control wiring and power lines shall be wireless or not aboveground.

      9.   Sound Pressure Level: The sound pressure level generated by a S-SWECS shall comply with all Illinois pollution control board (hereafter referred to as IPCB) noise regulations and in no event shall a S-SWECS exceed fifty five (55) dB at any point on adjacent properties. The applicant must immediately cease any violation of the IPCB regulations unless said violation is excused and waived by the affected landowners and occupants.

      10.   Safety/Climb Prevention: All S-SWECS shall be designed to prevent unauthorized access to electrical and mechanical components or access to the towers on the site. All towers shall not be climbable from the ground to fifteen feet (15') aboveground, and all access doors to towers and equipment shall be lockable.

      11.   Waste Disposal: All solid waste generated from supplies, equipment, parts, packaging, or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste that is generated by the facility, including, but not limited to, lubricating materials, shall be removed consistent with all local, state, and federal rules and regulations.

      12.   Conformance To Industry And Code Standards/Engineer Certification: The S-SWECS shall comply with all applicable local and county codes for the electrical, mechanical, and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer.

      13.   Electronic Interference: The S-SWECS shall not cause microwave, television, radio or navigation interference contrary to federal communication commission (FCC) rules and regulations or any other laws pertaining to electronic interference issues.

      14.   Braking Systems: The owner of the S-SWECS shall have the ability to immediately cease operation of the system during an emergency. The system itself shall be equipped with an emergency braking system.

      15.   Signage: No signs, banners or flags shall be placed on the S-SWECS with the exception of the required identifications provided by the manufacturer and any warnings thereto.

   B.   Administration And Review: A site plan shall be provided to the land use department that indicates the following:

      1.   Location, setbacks, exterior dimensions and square footage of all structures on the owner's property.

      2.   Location of any existing waterways, wetlands, and 100-year floodplains, sanitary sewers, storm sewer systems, and water distribution systems.

      3.   Location of any overhead power lines.

      4.   The locations and the expected duration of shadow flicker caused by the S-SWECS system. (Ord. 10-001, 1-12-2010)

   A.   General: Except as specified below, it is unlawful to display any vehicles, including automobiles, boats, lawn equipment, all- terrain vehicles, or other similar items, for sale or lease, unless the sale of such items is permitted within the district and the current certificate of occupancy for the location has been obtained from the county.

   B.   Exceptions:

      1.   The vehicle must be a private vehicle, owned by the occupant.

      2.   Such private vehicle, boat, trailer, or recreational vehicle is in operating condition.

      3.   No portion of the vehicle shall be placed on the public right of way.

      4.   No more than one vehicle at any time shall be offered for sale. (Ord. 10-001, 1-12-2010)

To avoid obstructing the sight lines of traffic approaching an intersection, the following provisions shall apply to corner lots within any part of a yard located within a radius of twenty five feet (25') from the intersection of two (2) street right of way lines forming the lot corner:

   A.   Ground Plantings: No structures, objects, or shrubbery shall be erected or placed having a height more than thirty inches (30") above the ground grade within this area.

   B.   Maintenance Of Trees And Branches: Any trees planted in such areas shall be maintained in a manner that they shall not have branches lower than eight feet (8') above the ground grade elevation of the area. (Ord. 10-001, 1-12-2010)

This section 8-2-4 sets forth the specific standards to mitigate potential impact of land uses that would otherwise be approved unconditionally. These uses are referenced in the land use tables presented in section 8-2-2-1, "Land Use Tables", of this chapter. (Ord. 10-001, 1-12-2010)

Boarding/riding stables may be permitted in the agricultural (A), agricultural residential (AR), planned residential (PR), and residential (R) districts, subject to administrative review that demonstrates that the following provisions are met:

   A.   The maximum number of horses allowed shall be based on the subject property's lot size and shall be determined as follows:

      1.   One horse for the first two (2) acres.

      2.   One horse for each additional one-half (1/2) acre above two (2) acres.

   B.   The stables must be located at least one hundred feet (100') from all property lines.

   C.   Rental of stable space is permitted; however, no group riding lessons or public events shall be allowed. (Ord. 10-001, 1-12-2010)

Airports shall be permitted in the agricultural (A) and industrial (I) districts, subject to administrative review that demonstrates that the following provisions are met:

   A.   Minimum Site Area: The minimum site area for this use shall be three hundred (300) acres.

   B.   Noise Impact: All airport development shall be submitted with a noise impact assessment. The assessment shall identify the initial and twenty (20) year projected day-night level (DNL) noise contour lines beginning with 50 DNL and proceeding to 75 DNL. The following standards shall be met:

      1.   Airport Boundary: The twenty (20) year, 65 DNL line shall lie completely within airport property or land that has been granted a noise easement.

      2.   55 DNL Limited Development Area:

         a.   No new residential development shall be permitted within the 55 DNL line. If for some reason a new residential use must be permitted, the building shall have insulation and windows that limit aircraft noise within the building to 50 DNL. The applicant shall demonstrate that there is no residentially zoned land in the 55 DNL area or that noise easements have been granted to the airport.

         b.   Existing residential uses shall have five (5) years to remodel to provide insulation meeting the standards in subsection B2a of this section.

         c.   If the 55 DNL area expands, a zoning and land use plan for all land within the 55 DNL noise contour shall be submitted. This plan shall indicate the feasibility of restricting such land to nonresidential uses. Airport approval shall be based on the ability to minimize noise intrusion into existing residential areas and to prohibit new residential development that would hinder future airport expansion.

         d.   Once established, the county shall require all rezonings or development approvals that would permit residential use within the 55 DNL noise contour to record the noise contours on the property. In addition, all developments and all individual lot surveys shall show the noise contours, with an accompanying warning indicating the county will not restrain future airport growth because of residential development inside the 55 DNL noise contour. (Ord. 10-001, 1-12-2010)

A bed and breakfast shall be permitted in the agricultural (A), agricultural residential (AR), planned residential (PR), residential (R), and commercial general (CG) districts subject to administrative review that demonstrates that the following provisions are met:

   A.   Number Of Units: No more than five (5) rooms shall be available for clientele occupancy.

   B.   Building: The bed and breakfast is a reuse of an existing single-family building having a minimum floor area of two thousand (2,000) square feet. Additions shall amount to no more than sixty percent (60%) of the total floor area, subject to the provisions of chapter 3, "District Intensity And Bulk Standards", of this title.

   C.   Signs: Signs must be constructed of wood or other durable, nonplastic material and shall be affixed flat against the principal structure or constructed as a monument sign that is no more than four feet (4') in total height. The maximum sign area is as follows:

      1.   In the agricultural (A) district: Sixteen (16) square feet.

      2.   Other districts where permitted as a special use: Five (5) square feet.

   D.   Parking: Bed and breakfast uses must provide for all parking off street, which shall be fully screened from adjoining land uses by hedges and canopy trees. The director may permit on street parking to be substituted for off street parking upon determining that the street can accommodate the required parking and that off street parking would be detrimental to the character of the area. (Ord. 10-001, 1-12-2010)

Borrow pits for interchange and highway projects may be permitted in the agricultural (A) and the agricultural residential (AR) zoning districts. The construction of the borrow pits shall be subject to an administrative review by the development review committee and demonstrate compliance with the following provisions:

   A.   Borrow pits shall comply with the requirements of the Grundy County stormwater ordinance.

   B.   The borrow pit shall be located such that any point along the bank of the pit is not closer than seventy five feet (75') from any part of an underground and/or aboveground septic tank or well system.

   C.   A setback of twenty five feet (25') shall be established between the right of way, easement access point and property lines of the parcel shall be established.

   D.   The maximum size of a borrow pit shall not exceed one-third (1/3) of the parcel and shall be constructed on a lot that has a minimum size of one acre. For parcels that are ten (10) acres or greater in size the borrow pit shall not be larger than twenty five percent (25%) of the parcel in which it is intended to be located.

   E.   Prior to the excavation of the borrow pit, the excavator shall install a fence to surround the pit that is six feet (6') in height, lockable and equipped with a knox box that is accessible by the jurisdictional fire district. Once the borrow pit has been completed and excavation has ceased, the fence shall be removed. (Ord. 2012-010, 4-10-2012)

Cargo containers are permitted as an administrative use in A agricultural zoning districts. All cargo containers used in A agricultural zoning districts need to comply with the following requirements:

   A.   Location:

      1.   Shall be placed in the rear yard of the property.

      2.   Placed five hundred feet (500'0") from lot lines.

      3.   Cargo container(s) shall be placed a minimum of ten feet (10'0") from any residential or accessory structures on the property.

      4.   Cargo containers shall not be placed within the limits of the floodplain in accordance with the floodplain administrator.

   B.   Lot Size And Limit Of Number Of Containers: The ratio of amount of cargo containers allowed per acre is one cargo container per fifty (50) acres. No more than four (4) cargo containers maximum is allowed.

   C.   Limitations In Use:

      1.   The cargo container(s) shall be limited to agricultural uses only and shall conform to all requirements set forth by the state and federal requirements.

      2.   Stacking cargo containers is prohibited.

      3.   Cargo container(s) shall be placed such that the container(s) is not in view of adjacent properties.

      4.   Cargo container(s) shall be supported to prevent shifting of the structure.

      5.   Cargo container(s) shall be a single neutral color.

   D.   Housing Of Livestock: Cargo containers used as shelter of livestock for agricultural purposes shall have the proper ventilation, and sanitation for the animals housed. The cargo containers shall comply with all state, federal and Grundy County codes for the storage of these animals. (Ord. 2011-012, 7-12-2011; amd. Ord. 2012-010, 4-10-2012)

Group homes are permitted in the agricultural (A), agricultural residential (AR), planned residential (PR), and residential (R) districts, subject to administrative review that determines that the following requirements are met:

   A.   The use is situated in a single-family building.

   B.   The building existed on the effective date of this UDO. (Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012)

Chickens may be permitted in R residential districts, PR, and R-200 zoning districts as a permitted use. The following regulations shall be applied:

   A.   Minimum lot size for the keeping of chickens is one-half (½) acre. The ratio of chickens to area shall be a maximum of six (6) hens per half acre.

   B.   No roosters are allowed to be kept on the parcel.

   C.   All chickens shall be kept within a coop that is located in the rear of the parcel. The rear yard shall be completely enclosed with a four foot (4') high fence. The coop shall be a minimum of twenty-five feet (25') from the adjacent lot lines of residentially used lots and ten feet (10') from non-residential lot lines.

   D.   Coops shall be at least four feet (4') in height and allow for a minimum of six (6) sf per hen. The owner shall be registered with the Illinois Department of Agriculture, and be compliant with the Grundy County Health Department and other county regulations.

   E.   All coops shall be kept in a sanitary condition, dry, be properly ventilated, and predator-proof.

   F.   Food shall be kept in a predator-proof container and inside a secure structure.

   G.   All chickens shall be handled in a sanitary manner, be properly fed, and provided clean water daily.

   H.   All animal byproducts and waste shall be collected on a daily basis. Chicken manure may be kept in a three (3) cubic foot container and all other waste should be properly disposed of.

   I.   Odors from the chickens, chicken manure, or other substances related to chicken keeping shall not be considered a nuisance beyond the lot lines of the parcel in which they are kept.

   J.   Chickens shall be protected against predators and rodents through a fenced in areas for the chickens.

   K.   Sales of eggs and/or fowl are prohibited on the property. (Ord. 2012-011, 4-10-2012; amd. Ord. 2020-003, 1-14-2020; Ord. 2021-037, 11-9-2021)

Public service facilities shall be permitted in the agricultural (A), agricultural residential (AR), planned residential (PR), residential (R), and industrial (I) districts, subject to administrative review that demonstrates that the following provisions are met:

   A.   Building Character: The building accommodating the public service use has a physical character that resembles other uses that are commonly found in the district in which it is located.

   B.   Buffer: If the public service use is a structure that is not a building, then it is buffered on all sides with a landscape buffer pursuant to the requirements of section 8-9-3, "Landscaping And Buffer Areas", of this title. (Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012; Ord. 2012-011, 4-10-2012)

Restaurants shall be allowed in the agricultural (A) and industrial (I) districts subject to the following administrative review provisions:

   A.   Maximum Floor Area: The restaurant has a floor area of less than ten thousand (10,000) square feet.

   B.   Location: It shall be located on a farmstead.

   C.   Capacity: Customer seating capacity shall be limited to forty (40) persons.

   D.   Building Design: The restaurant building shall have the architecture and character of the existing rural setting. (Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012; Ord. 2012-011, 4-10-2012)

Single-family detached dwellings shall be permitted in the agricultural (A) district subject to review that determines that the following requirements are met:

   A.   Vesting: Development shall only be permitted on a lot of record as of July 8, 1980.

   B.   Maximum Number Of Dwellings: No more than five (5) dwellings shall be permitted.

   C.   Density:

      1.   Each lot split requires that twenty (20) acres of land is reserved for agricultural or preservation purposes.

      2.   Therefore, there shall be only one lot of a minimum of 1.5 acres for one division and all other divisions shall be a minimum of five (5) acres in size. Each lot of division shall have twenty (20) acres of agricultural land reserved in perpetuity for agricultural uses.

      3.   The overall acreage for an agricultural tract of land shall not be considered to be reduced by the director for determining the number of permitted dwellings due to the transfer of a portion of said tract or land for purposes of pipeline or state, county, or township road rights of way.

   D.   Lot Configuration:

      1.   The minimum lot size shall be 1.5 acres.

      2.   The minimum lot width shall be one hundred seventy feet (170').

      3.   The newly created lots shall be contiguous with each other and shall share a joint entrance to an existing township or county road or to a state highway.

   E.   Subdivision Required: The following provisions are required for lots that are less than five (5) acres or any lot that does not have frontage on a public road:

      1.   Prior to establishment of a new residential lot, a legal description and plat of survey by a registered land surveyor of the proposed residential lot(s) shall be provided showing the lot lines of such lot(s).

      2.   The plat shall be approved in accordance with section 8-6-2, "Application Submittal Requirements", of this title. (Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012; Ord. 2012-011, 4-10-2012)

   A.   Purpose: The purpose of this section is to provide regulations for the permitting of individual solar collector systems as an administrative use for all zoning districts. This section includes regulations for the construction of roof mounted, building integrated photovoltaic, pole mounted, and ground mounted solar collector units in regard to total height, setback provisions, and reflection. This section makes the distinction that individual solar collector systems shall be classified as accessory structures.

   B.   Definitions:

    INDIVIDUAL SOLAR COLLECTION SYSTEMS: A panel or other solar device that is capable of collecting, storing, or transmitting at least twenty five thousand (25,000) btus. A solar collector may be a photovoltaic, plate type designed to convert solar energy into electric energy, or a structural element that is designed to collect solar energy and transmit it to internal spaces for heating. The following are definitions of the type of systems that this section will regulate:

      Building Integrated Photovoltaic Unit: A system that is integrated into the structure of that building. Some examples of this are roofing tiles, carports, awnings, and curtain walls.

      Ground Mount: A solar collector system in which an array is mounted onto the ground such as a wedge structure constructed from steel supports that are anchored into concrete footings. The structure itself is built from aluminum or galvanized steel.

      Pole Mount: A solar collector system that consists of an array that is mounted on top of a single steel pole which is affixed to the ground. Pole mounted units have the capability of being pitched such that the angle of the array may be altered during the year to optimize the amount of solar energy collected.

      Roof Mount: A solar collector system with an array of solar panels that are located on the roof of a structure. The solar collector system shall be installed such that it is attached directly to and supported by a structural member of the building.

   SOLAR ENERGY: Radiant energy that is received through direct, diffuse, or reflected means from the sun.

   SOLAR RIGHT: A property owner has the right to have an unobstructed line of sight path from a solar collector to the sun which permits radiation from the sun to be collected. The extent of the solar right is the amount of illumination provided by the path of the sun on a winter solstice day.

   WINTER SOLSTICE DAY: On December 21 which marks the beginning of winter in the northern hemisphere when the sun reaches its most southern point.

   C.   Solar Panel Requirements: Certification of the solar collection system in accordance with the Solar Collector And Certification Corporation (SRCC) and all manufacturers' installation instructions shall be provided to the Grundy County building and zoning officer. All solar collection systems shall be limited to one hundred twenty percent (120%) of the electrical and/or thermal energy requirements of the structure as determined by a contractor licensed to install such systems. Solar collection systems connected to the electrical utility grid system may be installed once an interconnected customer-owner agreement is reached. This agreement shall be provided to the building and zoning officer at the time of building permit application submittal.

   In the event of a power failure, solar collection systems that are interconnected to the grid system shall shut down until full power is restored by the electrical utility company. The solar collector electrical components need to be marked as such for emergency responders with an appropriate warning and guidance. Marking material shall be weather resistant in accordance with UL 969. An emergency shutoff mechanism shall be installed and notice of its location shall be provided for emergency responders. All solar collectors shall be certified by a third party and comply with all Grundy County building code requirements and manufacturer's installation instructions.

   Owners of solar collector systems shall have solar rights to collecting solar energy from their property for their energy consumption.

   Solar collector systems shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns.

   The following requirements shall be applied to all installations of individual solar collection systems:

      1.   Ground Mounted And Pole Mounted Solar Collection Systems:

         a.   The parcel in which the ground mounted or pole mounted solar collection systems are to be installed shall be a minimum of one acre in size and shall not exceed twenty percent (20%) of the lot area.

         b.   Setbacks for the installation of the solar collection system shall meet with the requirements of the zoning district in which it is located.

         c.   Solar collectors shall be considered to be accessory to the main structure of the parcel.

         d.   All pole mounted solar collection system installations shall be within the side and rear yard of the property and shall be limited in height to twenty feet (20').

         e.   All exterior electrical or plumbing lines serving the solar collector system shall be buried below the surface of the ground in accordance with the requirements of the Grundy County building code.

         f.   Ground mounted solar collectors (including framework) shall not exceed a height of six feet (6') above grade.

         g.   Reflection angles from the solar collector systems' surfaces shall be oriented away from adjacent structures that are constructed on adjacent properties or roadways.

         h.   All mechanical equipment of the solar collection system such as storage cells or batteries shall be enclosed with a minimum six foot (6') fence that is self-locking.

      2.   Roof Mounted And Building Integrated Photovoltaic Solar Collection Systems:

         a.   All exterior electrical and plumbing lines and components that serve these systems shall be buried below the surface of the ground and comply with the requirements of the Grundy County building code.

         b.   Conduit lines that run below the roof sheathing shall be installed such that they are below the roof deck by a depth of ten inches (10") and are not installed such that they are perpendicular to roof rafters.

         c.   Reflection angles from collector surfaces shall be oriented away from adjacent structures constructed on adjacent properties.

         d.   Roof mounted units or building integrated photovoltaic solar collection systems (tiles) shall be installed such that they do not exceed the height restrictions of the zoning district in which they are located. A path of three feet (3') shall be provided from any peak, eave or valley of the roof for emergency accessibility and ventilation opportunities for emergency responders.

   D.   Application To The Building And Zoning Officer: All submittals to the building and zoning officer shall contain the following information in addition to that included on the application form:

      1.   Standard drawings of the solar collector system, including design and dimensions of panels, base, mounting poles, footings, and anchors. Overall height from natural grade to tip of the uppermost panel, and the square footage of the entire system structures shall be provided in the submittal.

      2.   Projected amount of energy created or offset of the solar collector shall be provided.

      3.   All manufacturer's installation and specification sheets shall be provided including all certifications. The installation instructions shall contain such items as the make, model, listing, size, weight, snow and wind load abilities of the solar collector system.

   E.   Site Plan: The following items shall be provided on the site plan submitted at the time of building permit application:

      1.   A scaled layout of the solar collector systems as proposed on the property or building. Site plans for the ground or pole mounted systems should include building envelope, base flood elevations (if necessary), location and footprint of the structures, adjacent roads and property lines.

      2.   The location of the panel installations, the main service location, and the locations of all equipment and disconnect.

      3.   Depiction and explanation of the main use of the property and the location of the adjacent buildings, trees, parking lot (if applicable) and landscaping. (Ord. 2012-016, 4-10-2012)

Community utilities shall be permitted in the commercial general (CG) district, subject to administrative review that determines that the following standards are met:

   A.   Buffer: The facility shall be surrounded by a landscape buffer 1.5 times the requirements of section 8-9-3, "Landscaping And Buffer Areas", of this title.

   B.   Design Compatibility: In the commercial general (CG) district, the design of the community utilities shall be compatible with the residential environment. Masonry walls, rather than fences, shall be used to screen the facility. The street faces shall be improved to provide continuation of the sidewalk areas, with landscaping designed to make the utility a part of the commercial area. (Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012; Ord. 2012-011, 4-10-2012; Ord. 2012-016, 4-10-2012)

Neighborhood utilities shall be permitted in the agricultural (A), agricultural residential (AR), planned residential (PR), residential (R), commercial general (CG), and commercial interchange (CI) districts, subject to administrative review that demonstrates that the following provisions are met:

   A.   Utility Substations: Electrical, gas, or other utility substations shall be screened from view from public rights of way and abutting properties by:

      1.   Enclosure in structures that are designed to appear to be buildings; or

      2.   Landscape buffer pursuant to section 8-9-3, "Landscaping And Buffer Areas", of this title, which may include a fence if necessary for safety or security reasons.

   B.   Other Facilities: Lift stations, telephone switches, ground mounted transformers, and similar facilities shall be screened from view from public rights of way and abutting properties by:

      1.   Enclosure within a building; or

      2.   Enclosure by a hedge composed of shrubs planted thirty six inches (36") on center and maintained at a height that is at least equal to the utility facility. A fence may be located behind the hedge if necessary for safety or security reasons. An opening on one side of the facility of a size that is sufficient to provide access is permitted, provided that it does not face a public right of way, unless otherwise required by the county engineer in the case of public facilities which require such access.

   C.   Buildings: Any building associated with a neighborhood utility facility shall be designed to be compatible with other buildings in the neighborhood. Design elements include facade and roofing materials, roof pitch, height and scale, and orientation of blank walls. (Ord. 10-001, 1-12-2010; amd. Ord. 2011-012, 7-12-2011; Ord. 2012-010, 4-10-2012; Ord. 2012-011, 4-10-2012; Ord. 2012-016, 4-10-2012)

Beekeeping is allowed as an administrative use as long as all of the following regulations are followed and maintained for the apiary. (Ord. 2021-018, 6-8-2021)

Two hives and one nucleus hive shall be permitted on lots having a minimum of 10,000 sf in area. An additional hive and nucleus hive may be added for each additional 10,000 sf of area of the lots. (Ord. 2021-018, 6-8-2021)

Colonies shall be placed in the rear or the side of the lots and shall have the following setback distances:

   30'-0" from the side and rear property lines

   100-0" from any occupied structure on an adjacent lot

   100'-0" from any street, public walkway, or front lot line

   150'-0" from lot lines to sensitive use parcels

Orientation of the colonies shall be such that the entrance to the hives is oriented away from the closest adjacent property line. (Ord. 2021-018, 6-8-2021)

For properties that are one acre or less, the colonies shall be secure with a fence that has a minimum height of four feet (4'-0") and prevents climbing. The gate(s) for this contained space shall be lockable to prevent entry by anyone but the beekeeper(s). (Ord. 2021-018, 6-8-2021)

Signs shall be placed along the fencing for the colonies that is a maximum often inches (10") by one foot (1'-0") and faces outward stating the following, “II State Registered Beehive(s) on Property”. Lettering for the sign shall be of contrasting color and be of a font that is legible. Signs shall be placed on each side of the contained space for the colonies. (Ord. 2021-018, 6-8-2021)

   A.   A supply of fresh water for the bees needs to provide that is located a maximum distance of ten feet (10'-0") from the colonies. Water supply shall be provided once the outdoor ambient temperature is fifty degrees and rising for more than three days and when the bees are active.

   B.   Beekeeper shall ensure that there is a food source on the parcel such as a garden with native pollinator species that provides flowers throughout the growing season for nutrition of the colony. (Ord. 2021-018, 6-8-2021)

All colonies shall have a marked queen. If at any time the colony exhibits unusual aggressive characteristics and/or the disposition to swarming, the beekeeper shall re-queen the colony immediately with another marked queen that is selected from European stock breed for gentleness. (Ord. 2021-018, 6-8-2021)

For lots that are less than one acre (43,560 sf) in size, a flyway barrier shall be provided such that a fence or maintained shrub that is six foot in height is placed between the colony and lot lines that forces the bees to fly at that elevation prior to entering into the hive. This flyway barrier shall extend five foot in each direction between the hive entrance and the property line. (Ord. 2021-018, 6-8-2021)

Beekeepers shall ensure that the materials for the colonies are kept in a good working condition and that the parcel and hives are kept clean and free of build-up of wax, comb or other materials that may encourage robbing by other bees or wildlife. Removal of materials from the colony shall be removed in sealed containers or placed within a building or other bee-proof such that those materials are not accessible to bees or their predators.

Hives shall be properly vented, predator-resistant, and designed for easy access for cleaning, maintenance and inspection. (Ord. 2021-018, 6-8-2021)

All beekeepers shall receive an Administrative Zoning Permit prior to the installation of their apiary. The following shall be provided along with the Apiary Compliance Application form to the Grundy County Land Use Department:

   A.   Beekeeper shall be in compliance with the Illinois Bees and Apiaries Act (510 ILCS 20/).

   B.   Beekeepers shall provide proof of a minimum of eight hours of successful education for beekeeping in compliance with State requirements.

   C.   Colonies shall be registered with the Illinois Department of Agriculture.

   D.   All site information and details that show compliance to all subsections of Section 8-2-4-14. (Ord. 2021-018, 6-8-2021)

This section 8-2-5 sets out specific standards to mitigate the impacts of administrative and special uses referenced in the land use tables presented in section 8-2-2-1, "Land Use Tables", of this chapter. Additional standards may be applied as determined necessary. (Ord. 10-001, 1-12-2010)

Adult uses may be permitted as a special use in the industrial (I) district, subject to the following standards:

   A.   Separation: The following separation standards shall apply to all sexually oriented establishments:

      1.   No such use shall be located within a one thousand foot (1,000') radius of any other such use.

      2.   No such use shall be located within a one thousand foot (1,000') radius of any parcel located in a residential zoning district or portion of a planned unit development designated for residential purposes or a municipal boundary.

      3.   No such use shall be located within a one thousand foot (1,000') radius of any school whether public or private, daycare home or center or nursery, religious institution, park, playing field, pool or billiard hall, coin operated amusement center, dance center, ice or roller skating rinks or parks or other public recreational facility typically catering to minors, indoor or outdoor theaters, art gallery, museum, libraries, other areas where large numbers of minors travel or congregate.

      4.   The aforementioned separation and radius standards shall be measured in a straight line from the closest points between property line to property line, without regard to intervening structures or objects, for sexually oriented establishments that are located on a single tenant parcel. If said establishment is located within a multi-tenant building, the measurement shall be from the property line of the entire multi-tenant premises to the property line of other uses, without regard to the intervening structures or objects, which requires the separation.

   B.   Nearby Residential Occupancy: No such use shall be allowed within the same block or portion thereof where a residential occupancy exists.

   C.   Single Use Within Premises Or Building: Not more than one such use shall be located in one building or on one parcel or zoning lot.

   D.   Nonaccessory Use: No adult use shall be permitted to operate as an accessory use to another principal use.

   E.   Conduct Of Business: No sexually oriented establishment shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified anatomical areas and/or specified sexual activities by display, decorations, signage, show window, or other opening from any public right of way.

   F.   Signage:

      1.   Signage for such establishments shall be subject to the applicable standards as set forth in section 8-5-4-4, "Signs Permitted In The Industrial (I) District", of this title.

      2.   Signage for such establishments shall not display any pictures, photographs, silhouettes, drawing, or other pictorial representations of a sexually oriented nature and may contain only the legal name and address of said establishment.

   G.   Hours Of Operation: Adult uses shall not operate between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M. (Ord. 10-001, 1-12-2010)

Agricultural supplies, storage, and related uses may be permitted as a special use in the agricultural (A) district, subject to the requirements of this section.

   A.   Minimum Lot Size: Five (5) acres.

   B.   Minimum Setback Requirements:

      1.   Buildings: Thirty five feet (35'), all yards.

      2.   Bulk petroleum, LP/propane gas, and ammonia storage tanks: One hundred feet (100'), all yards.

   C.   Access: The site shall have frontage on and access to a collector or higher classification street, provided the county board may approve alternative access, based on the recommendations of the township road commissioners for township roads and by the county highway engineer for any county roads.

   D.   Screening: Trucks, tractors, portable storage tanks, and trailer or motorized agricultural implements shall be screened from view of any agricultural residential (AR), planned residential (PR), or residential (R) district boundary located within a five hundred foot (500') radius of the property.

   E.   Intended Purpose: Sales shall be primarily to serve the agricultural community. (Ord. 10-001, 1-12-2010)

Campgrounds and RV parks may be allowed as a special use in the agricultural (A) district, subject to the following provisions:

   A.   Residential Use Prohibited: No recreational vehicle or tent shall be used as a permanent place of residence.

   B.   Access: Site access shall be from an arterial or collector road.

   C.   Design And Operations: All facilities shall conform to the design and operations provisions contained in chapter 11, "Recreational Vehicle Parks And Campgrounds", of this title. (Ord. 10-001, 1-12-2010)

Car washes may be permitted as a special use in the commercial general (CG), commercial interchange (CI), and industrial (I) districts, subject to the following provisions:

   A.   Enclosure Required: All mechanical equipment, excluding self- service vacuum units, shall be enclosed within a building.

   B.   Preliminary Spraying And Drying Areas: All facilities shall be designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting properties that are occupied or zoned for residential use, or that landscape treatment shall include a fence or wall to screen the drive-in facility from such properties.

   C.   Accommodation Of Trucks And Semitrailers: In the commercial interchange (CI) district, washing facilities shall be designed exclusively to accommodate semitrailers and large commercial trucks. (Ord. 10-001, 1-12-2010)

A college or university may be permitted as a special use in the agricultural (A), commercial general (CG), and commercial interchange (CI) districts, subject to the following provisions:

   A.   Campus Plan Required: The college or university shall submit a long range campus plan for approval that indicates the planned build out of the site.

   B.   Traffic Impact Study: This plan shall include a traffic impact study. (Ord. 10-001, 1-12-2010)

Commercial retail uses may be permitted as a special use in the industrial (I) district, subject to the following provisions:

   A.   The use shall be either:

      1.   Collocated with a manufacturing use, selling products manufactured on site, with only incidental sales of other related items, or

      2.   Less than five thousand (5,000) square feet and located not less than two thousand feet (2,000') from any other commercial retail use in the I district that is not collocated with a manufacturing use. (Ord. 10-001, 1-12-2010)

Correctional facilities may be allowed as a special use in the industrial (I) district subject to the following provisions:

   A.   Spacing From Residences, Schools, And Daycare Facilities: The property lines of the protective care facility are at least one- half (1/2) mile away from the property lines of any property that is occupied by or zoned for residential purposes, schools, or daycare facilities.

   B.   Approval By State Regulating Authority: The design and operation of the protective care facility has been approved by the appropriate state regulating authority (e.g., the Illinois department of corrections).

   C.   Emergency Plan Required: The protective care facility has an emergency plan filed with the police, emergency services, and disaster and emergency agencies indicating that the facility has a plan ensuring against any form of emergency to protect the adjoining properties.

   D.   Traffic Impact Study Required: A traffic impact study, prepared by individuals or firms that perform traffic engineering and sealed by a professional engineer shall be submitted with the application for a special use permit. (Ord. 10-001, 1-12-2010)

Daycare facilities may be allowed as a special use in the agricultural (A), planned residential (PR), and residential (R) districts subject to the following restrictions:

   A.   Compliance With Illinois Regulations: Daycare facilities shall either be exempt from Illinois licensing requirements (3 or fewer unrelated children) or meet the state licensing requirements for a daycare center, daycare home, or group daycare home.

   B.   Principal Use As Residential: The operator of the facility must live in the building.

   C.   Number Of Children: No more than eight (8) children, excluding children of the family providing daycare, shall be accommodated by a facility.

   D.   Location: Exempt and nonexempt facilities shall comply with the following exterior play area and other requirements:

      1.   Play Areas:

         a.   Uses shall provide an on site, fenced, outdoor play area, which shall have a fence beginning at ground level and extending to a minimum height of forty two inches (42"), so as to prevent children from crawling under or through the fence or otherwise becoming entrapped.

         b.   If the fenced outdoor play area is located within ten feet (10') of any property line, it shall be fully screened by shrubs or other vegetation with a minimum height equal to the fence height.

      2.   Pick Up/Drop Off: An off street pick up/drop off area shall be provided, which may be a driveway provided it is kept free of parked vehicles and other obstructions for such use.

      3.   Parking: One off street parking space per four (4) children shall be reserved for on site parking during the normal hours of operation. (Ord. 10-001, 1-12-2010)

Accessory drive-in facilities may be allowed as a special use in the commercial general (CG), commercial interchange (CI), and industrial (I) districts subject to the following provisions:

   A.   Noise Buffer: Where the use abuts any residential zoning district, the ordering station shall be buffered with a wall and landscaping, in accordance with section 8-4-4-1, "Noise", of this title, to reduce noise transmission.

   B.   Outdoor Loudspeakers: The drive-in facilities shall be designed and configured such that the service area and outdoor loudspeakers are directed away from any abutting properties that are occupied or zoned for residential use. Landscape buffering shall include a fence or wall that screens the drive-in facility from such properties. (Ord. 10-001, 1-12-2010)

Extraction may be permitted as a special use in the industrial (I) district subject to the following requirements:

   A.   Compliance With Illinois Regulations: Mining operations and provisions for reclamation shall be governed by applicable Illinois department of natural resources and office of mines and minerals regulations as adopted and amended from time to time.

      1.   The surface mined land conservation and reclamation act 1 .

      2.   The surface coal mining land conservation and reclamation act 2 .

   B.   Wellhead Protection Zone: Extraction uses are prohibited in wellhead protection zones.

   C.   Spacing: Extraction uses shall not be located closer than one thousand three hundred twenty feet (1,320') to any residential or educational occupancy or any municipal boundary.

   D.   Hours Of Operation: Extraction uses shall restrict hours of operation to seven o'clock (7:00) A.M. to six o'clock (6:00) P.M. weekdays and eight o'clock (8:00) A.M. to four o'clock (4:00) P.M. on Saturdays. Operations on Sunday are prohibited.

   E.   Reclamation Plan: A reclamation plan shall be submitted providing the following:

      1.   The ground surface shall be restored to a condition permitting one of the following uses: agriculture, residential, recreational (see subsection E2 of this section), or nonresidential. Either an escrow account or an annual fee shall be required, as approved by the Grundy County state's attorney and county board, to ensure that there are sufficient funds set aside to guarantee the restoration.

      2.   If future recreational use is identified, management of such use shall be established. Risks from any subsurface materials to future uses shall be identified.

      3.   Monitoring and postclosure maintenance plans shall be submitted and adequate funding provided.

   F.   Buffers: All buffers shall contain berms.

      1.   The buffer must be at least one hundred feet (100') inside the property boundary and used for an agricultural use or forested.

      2.   Noise studies shall be conducted to determine the berm's exact height based on the equipment operated at the site. The berm shall ensure the day-night level (DNL) does not exceed fifty five (55) dBA noise levels at the property line or any building with a line of sight to the property.

   G.   Ground And Surface Water: Different types of extraction uses have different potential impacts on groundwater. The following standards shall be applied to the review and approval of these uses:

      1.   The depth of natural soil and type of soil shall be reviewed. The county may impose requirements for drainage systems, monitoring, and pumping systems to prevent potential ground and surface water pollution.

      2.   Monitoring wells may be required.

      3.   An emergency response plan must be reviewed and approved. The county may impose fees or require security to ensure that an adequate emergency response fund is available. (Ord. 10-001, 1-12-2010)

A garden center may be allowed as a special use in the agricultural (A) district, subject to the following provisions:

   A.   Separation: The site must be located at least three hundred feet (300') from the nearest residential district boundary.

   B.   Access: The premises shall abut and draw access from an arterial or collector street.

   C.   Site Development Plan Review: Site development plan approval, as specified in section 8-14-4, "Site Development Permit", of this title, is required for approval or expansion.

   D.   Traffic Impact Study May Be Required: A traffic impact study, prepared by individuals or firms that perform traffic engineering and sealed by a professional engineer, may be required by the land use department. (Ord. 10-001, 1-12-2010)

A heavy retail establishment may be allowed as a special use in the commercial general (CG) district, subject to the following provisions:

   A.   Separation: The site must be located at least three hundred feet (300') from the nearest residential district boundary.

   B.   Access: The premises shall abut and draw access from an arterial or collector street.

   C.   Site Development Plan Review: Site development plan approval, as specified in section 8-14-4, "Site Development Permit", of this title, is required for approval or expansion.

   D.   Traffic Impact Study Required: A traffic impact study, prepared by individuals or firms that perform traffic engineering and sealed by a professional engineer, shall be submitted with the development application. (Ord. 10-001, 1-12-2010)

Institutional residential use may be allowed as a special use in the agricultural (A), agricultural residential (AR), planned residential (PR), residential (R), and commercial general (CG) districts subject to the following requirements:

   A.   Access: Access to the use is provided by a street that is classified as collector or greater in capacity.

   B.   Building Character: In the planned residential (PR) district, the buildings are residential in character.

   C.   Fence: An opaque fence that is six feet (6') high is constructed between the institutional residential use and abutting lot that is occupied by or zoned to permit single-family dwellings. (Ord. 10-001, 1-12-2010)

Kennels may be allowed as a special use in the agricultural (A), commercial general (CG), and industrial (I) districts, subject to the following requirements:

   A.   All districts:

      1.   Individual pens shall be limited in size to a maximum of fifteen feet (15') wide and twenty feet (20') long.

      2.   Enclosing fences shall not be higher than six feet (6').

      3.   If there is a roof enclosure, it must be of an open mesh type material.

   B.   Agricultural (A) district: The use is permitted as a special use on a farmstead. It may also be permitted on lots of five (5) acres or larger. Dog runs shall be a minimum of one hundred feet (100') from residentially zoned or residentially occupied property.

   C.   Commercial general (CG) and industrial (I) districts: No outdoor dog runs shall be permitted on less than one acre. Dog runs shall be used only during daylight hours and shall be a minimum of one hundred feet (100') from residentially zoned or residentially occupied property. (Ord. 10-001, 1-12-2010)

Landscape waste composting and organic composting facilities that accept off site materials may be permitted as a special use in the agricultural (A) and industrial (I) districts subject to the following requirements:

   A.   Compliance With Illinois Regulations: Composting operations and provisions for site design shall be governed by applicable Illinois environmental protection agency (bureau of land) regulations: Title 35: environmental protection, subtitle G: waste disposal, chapter I: pollution control board, subchapter i: solid waste and special waste hauling, part 830 standards for compost facilities.

   B.   Water Supply Protection Zone: Composting uses prohibited within two hundred feet (200') of the nearest potable water supply.

   C.   Floodplain: The composting area of the facility must be located outside the boundary of the 100-year floodplain or the site shall be floodproofed. The composting area of the facility must be designed to prevent any compost material from being placed within five feet (5') of the water table, to adequately control runoff from the site, and to collect and manage any landscape waste leachate that is generated on the site.

   D.   Setbacks And Spacing:

      1.   The composting area of the facility must be located so as to minimize incompatibility with the character of the surrounding area, including at least a six hundred sixty foot (660') setback from any residential or educational occupancy.

      2.   Composting areas shall be spaced from other districts as follows:

         a.   From agricultural residential (AR), planned residential (PR), commercial general (CG) or residential (R) districts: Nine hundred feet (900').

         b.   From commercial interchange (CI) district: Three hundred feet (300').

      3.   The buffer must be at least one hundred feet (100') inside the property boundary and used for an agricultural use or forested.

      4.   The facility shall be located on a site that is a minimum of five (5) acres in size.

   E.   Operating Conditions And Odors: The operator shall take specific measures to control odors and other sources of nuisance:

      1.   Landscape waste must be processed within five (5) days after receipt into windrows or other piles which promote proper conditions for composting.

      2.   The operator shall have a plan for minimizing odors and responding to odor complaints.

      3.   A litter control plan shall be submitted to show that the operation will prevent the blowing of any waste materials, trash, or dust particulate matter onto adjoining property or roadways.

      4.   The composting material shall not contain any domestic sewage, sewage sludge, or septage.

      5.   The operator shall have available for inspection a plan for the intended purposes of end product compost and a contingency plan for handling end product compost and composting material that does not meet the general use compost standards.

   F.   Site Plans And Siting Review: Any pollution control facility if located in unincorporated Grundy County needs to go through the local siting process. This public review is performed at the county level before an Illinois environmental protection agency permit can be approved. The county may impose fees for this review, which are listed by the land use department. (Ord. 10-001, 1-12-2010)

Live-work units may be permitted as a special use in the planned residential (PR) and commercial general (CG) districts if it is demonstrated that the lot has frontage on an arterial or collector street. (Ord. 10-001, 1-12-2010)

A manufactured home park or subdivision may be a special use in the agricultural (A) district, subject to the following requirements:

   A.   Exceptions:

      1.   Farm Exception: A farm owner may apply for a special agricultural exemption permit to allow manufactured homes to be used by seasonal farm help on that site. To qualify for the mobile home exemption, the farm must contain forty (40) acres for each mobile home; however, no more than two (2) mobile homes shall be permitted on any one tract.

      2.   Construction: A landowner may apply for a temporary permit to allow a manufactured home to be a temporary office or storage unit on the site during the construction of a permanent residential dwelling unit. This period of manufactured home use is not to exceed twenty four (24) months.

   B.   Manufactured Home Park Bulk And Yard Standards: Every manufactured home park shall comply with the following requirements, in addition to all other applicable Grundy County codes and ordinances:

      1.   Lot Area: Manufactured home parks shall be a minimum of ten (10) acres and a maximum of twenty (20) acres in lot area.

      2.   Lot Width: Manufactured home parks shall have a minimum lot width of six hundred sixty feet (660'), and shall maintain a minimum lot width of six hundred sixty feet (660') throughout the entire depth of the park. All manufactured home parks shall front on a county road, state or federal highway.

      3.   Yards: Figure 8-2-5-17, "Manufactured Home Park Yards", of this section, illustrates the different configurations for required manufactured home park yards. Manufactured home park yard requirements are as follows:

         a.   Front yard: Eighty feet (80').

         b.   Side yard adjoining a street: Eighty feet (80').

         c.   Interior side yard: Forty feet (40').

         d.   Rear yard: Forty feet (40').

FIGURE 8-2-5-17
MANUFACTURED HOME PARK YARDS

      4.   Yard Landscaping: All required yards must be landscaped in accordance with section 8-9-1, "General Requirements", of this title. No encroachments are permitted in any manufactured home park yard, and no part of any manufactured home site may be located within required yards.

      5.   Open Space: A minimum of twenty percent (20%) of a manufactured home park's total area shall be maintained as community open space and recreational areas for park residents.

         a.   Permitted types of community open space and recreational areas include, but are not limited to:

            (1)   Swimming pools.

            (2)   Tennis courts.

            (3)   Recreational open space accessory buildings.

            (4)   Jogging trails and fitness courses.

            (5)   Playgrounds.

            (6)   Natural water features, wetlands and conservation areas.

            (7)   Detention areas which are accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but only if they are designed as wetlands or natural water features and are landscaped with native vegetation.

         b.   The following are not considered part of community open space and cannot be used to fulfill the twenty percent (20%) requirement:

            (1)   Required manufactured home park yards and manufactured home site yards.

            (2)   Interior streets, sidewalks or other public rights of way.

            (3)   Driveways, parking lots, and loading and storage areas.

      6.   Number Of Manufactured Home Sites: Each manufactured home park shall be limited to a maximum of one hundred (100) manufactured home sites.

      7.   Separation Requirement: No manufactured home park shall be located within ten (10) miles of another manufactured home park. The distance between any two (2) manufactured home parks shall be measured in a straight line, without regard to intervening structures, from the property lines of each manufactured home park.

   C.   Manufactured Home Site Bulk And Yard Standards: Every manufactured home site within a manufactured home park shall comply with the following requirements:

      1.   Site Area: Each manufactured home site shall comply with the site area requirements shown in table 8-2-5-17, "Site Area And Site Width Dimensions For Manufactured Home Sites", of this section.

      2.   Site Width: Each manufactured home site shall comply with the site width requirements shown in table 8-2-5-17, "Site Area And Site Width Dimensions For Manufactured Home Sites", of this section.

 

 

      3.   Height And Roof Form:

         a.   No manufactured home unit shall exceed a height of twenty feet (20'), as measured to the peak of the roof. No other principal structures within a manufactured home park shall exceed twenty five feet (25') in height, as measured to the peak of the roof. Structures accessory to individual manufactured home units, shall not exceed fifteen feet (15') in height, as measured to the peak of the roof.

         b.   Each manufactured home unit shall utilize roofing materials consisting of asphalt shingles (or an equivalent material of comparable quality), similar in color, material and appearance to the roofing used on other single-family dwellings in the vicinity. The roof design of all manufactured home units shall utilize a full height roof element with a minimum pitch of three to twelve (3:12) (commonly referred to as a 3/12 pitched roof).

      4.   Yards: All manufactured home sites shall have the following minimum front, side and rear yards:

         a.   Front yard: Twenty feet (20').

         b.   Side yard adjoining a street: Seven and one-half feet (71/2').

         c.   Interior side yard: Seven and one-half feet (71/2').

         d.   Rear yard: Twenty feet (20').

FIGURE 8-2-5-17B
MANUFACTURED HOME SITE YARDS

      5.   Location: All manufactured home sites shall front on a street, interior to the manufactured home park, improved to the standards set forth in subsection I1, "Interior Streets", of this section.

      6.   Use Of Sites: No more than one manufactured home unit shall occupy any designated and staked manufactured home site. Mobile homes are not permitted to occupy any manufactured home site, except that existing mobile homes found in preexisting manufactured home parks, are permitted as legal nonconforming uses.

      7.   Designation Of Manufactured Home Sites: The corners of each manufactured home site shall be clearly marked on the ground by permanent flush stakes, markers or similar means approved by the zoning officer or designee.

   D.   Manufactured Home Site Installation Standards:

      1.   Pads: Each manufactured home site shall have two (2) concrete pads for a manufactured home unit to be set upon. Each pad shall be at least two feet (2') in width. The distance between the centerlines of each pad shall be at least four and one-half feet (41/2').

      2.   Skirting: All manufactured home units shall be skirted with a rigid material. Such skirting must be in place within thirty (30) days after the manufactured home unit is installed on the manufactured home site. Skirting shall be ventilated in order to ensure proper airflow under the home. Skirting material shall be weatherproof and fire resistant. Skirting shall be provided with doors to permit access to sewer, water and gas connections.

      3.   Walkways: A concrete walkway shall be provided from the doorway of each manufactured home unit to the required driveway and shall be at least four feet (4') in width.

      4.   Electricity: Electrical service delivering one hundred (100) ampere service of not less than one hundred ten (110) volts shall be required for each individual manufactured home site. The installation shall comply with all state and local electrical codes and ordinances.

   E.   Accessory Buildings, Structures, And Uses:

      1.   Accessory structures are prohibited within the required front or side yards of any manufactured home site.

      2.   Accessory buildings, such as storage sheds, shall not exceed a total of one hundred fifty (150) square feet. Accessory buildings are permitted to encroach into the required rear yard, provided they are located no closer than ten feet (10') from any manufactured home site boundary line within the rear yard.

      3.   Detached garages shall not exceed a total of four hundred eighty four (484) square feet. Garages are permitted to encroach into the required rear yard, provided they are located no closer than ten feet (10') from any manufactured home site boundary line within the rear yard.

      4.   Carports shall be used only for parking no more than two (2) vehicles and not for any other purpose, including storage. Carports shall have a minimum height of seven feet (7') and a maximum width of twenty feet (20').

      5.   Porches and decks may encroach into the required rear yard, provided they are located no closer than ten feet (10') from any manufactured home site boundary line within the rear yard.

      6.   Accessory buildings and structures shall not exceed fifteen feet (15') in height, as measured to the peak of the roof. However, in no case shall a carport be higher than the lowest part of the roof of the manufactured home unit, as installed, to which the carport is accessory.

      7.   Any home occupations conducted within accessory buildings and structures, or within the manufactured home, shall comply with the regulations of section 8-2-3-5, "Home Occupation", of this chapter.

   F.   Landscaping Requirements:

      1.   Landscaping The Required Yards Of Manufactured Home Parks: Landscaping of the required yards of manufactured home parks, as illustrated in figure 8-2-5-17C, "Manufactured Home Park Required Yard Landscaping", of this section, shall meet the following standards:

         a.   In every required yard, there shall be a minimum of one tree for every three hundred (300) square feet. One-third (1/3) of all trees shall be evergreens a minimum of six feet (6') in height at planting, one-third (1/3) of all trees shall be shade trees a minimum of two inches (2") in caliper at planting, and one-third (1/3) of all trees shall be ornamental trees a minimum of two inches (2") in caliper at planting.

         b.   Shrubs shall be planted at a rate of one shrub for every three (3) linear feet.

         c.   To achieve effective screening, landscape materials shall be planted in a naturalistic and staggered fashion.

         d.   Areas not planted with trees shall be maintained as turf or other ground cover.

         e.   A berm, with a maximum slope of four feet (4') in length to each one foot (1') in height (also referred to as 4:1 proportion), shall be provided in the required yards and shall be fully landscaped in accordance with subsections F1a through F1d of this section. Berms shall have a rounded top surface that is a minimum of five feet (5') in width.

            (1)   Required front and corner side yards: Eight foot (8') berm.

            (2)   Required rear and interior side yards: Three foot (3') berm. Required berming is illustrated in figure 8-2-5-17D, "Required Berming", of this section.

         f.   In rear and interior side yards, a six foot (6') solid fence is required. Such fence shall be located a minimum of five feet (5') from the property line.

FIGURE 8-2-5-17C
MANUFACTURED HOME PARK REQUIRED YARD LANDSCAPING

FIGURE 8-2-5-17D
REQUIRED BERMING

      2.   Landscape Plan: A landscape plan shall be submitted as part of a manufactured home park development application, as required in subsection J, "Manufactured Home Park Development Application", of this section.

      3.   Maintenance Of Landscaping: Any diseased, dead or damaged plants within the required manufactured home park yards or common open space areas must be removed and replaced as indicated in section 8-9-10, "Installation, Maintenance, And Replacement", of this title.

   G.   Off Street Parking And Driveways:

      1.   Required Parking: Each manufactured home site shall provide two (2) off street parking spaces within the site.

      2.   Visitor Parking Lots:

         a.   A visitor parking lot shall be located within no more than three hundred feet (300') of each manufactured home site within the manufactured home park.

         b.   The total number of visitor parking spaces provided within the park shall be equal to three-tenths (3/10) parking space per manufactured home site.

         c.   The perimeter of visitor parking lots shall be screened with compact hedging or decorative masonry, or a combination of these, to a maximum height of two and one-half feet (21/2').

      3.   Driveways: Driveways shall not be considered interior streets, as described in subsection I1, "Interior Streets", of this section, and as illustrated in figure 8-2-5-17E, "Driveways And Interior Streets", of this section. Manufactured home site driveways shall comply with the following:

         a.   The maximum width of manufactured home site driveways shall be twenty feet (20').

         b.   Driveways shall not be located within the required side yards. Driveways shall be separated a minimum of three feet (3') from the manufactured home unit, as measured from the edge of the driveway.

         c.   All driveways and off street parking areas shall be paved, and graded to drain rapidly and be free of standing water.

FIGURE 8-2-5-17E
DRIVEWAYS AND INTERIOR STREETS

   H.   Signs:

      1.   Manufactured Home Park Sign: Manufactured home parks shall be limited to one freestanding monument identification sign. Such sign shall not exceed four feet (4') in height and thirty two (32) square feet in sign area, and shall be located at least twenty feet (20') from any manufactured home site. Only uplighting, where light is directed from the ground onto the sign face, is permitted to illuminate the sign.

      2.   Site Identification Numbers: A manufactured home park shall maintain signs on each manufactured home site that identify the site number. Site numbers shall be four inches (4") in height and shall remain readily identifiable while the site is in use. No site identification sign may exceed five inches (5") in height and ten inches (10") in width.

   I.   Public Improvements:

      1.   Interior Streets:

         a.   Interior streets within a manufactured home park shall be designed in accordance with chapter 6, "Subdivisions And Land Development", and section 8-6-3-4, "Streets, Roadways, And Paths", of this title, in addition to all other applicable Grundy County codes and ordinances. The interior streets of the manufactured home park shall be considered (general) high intensity "residential subcollectors" for the purposes of said section 8-6-3-4, "Streets, Roadways, And Paths", of this title. Curbing is required on all interior streets. Shoulders and drainage swales are not permitted.

         b.   All interior streets shall be properly lit, in accordance with the requirements of subsection 8-6-3-4P, "Street Lighting", of this title, except that the maximum height of light poles, as measured from grade at the base to the bottom of the luminaire, shall not exceed twenty feet (20').

         c.   Interior streets shall be serviced and maintained by the owners of the manufactured home park. No officer, agent or employee of the county shall, at any time, service or maintain, or offer or agree to service or maintain, any interior road or any part thereof.

         d.   In section 8-17-1-2 of this title, the residential subcollector category, contains subcategories for roads with one sided, two (2) sided and off street parking. There are also standards for an unnamed, i.e., general - high intensity residential subcollector. This "general" category applies to the interior streets of manufactured home parks.

      2.   Stormwater Management: Stormwater drainage and detention system shall be provided in accordance with section 8-4-5 of this title, in addition to all other applicable Grundy County codes and ordinances.

      3.   Sewer System: Sewage disposal shall be provided in accordance with section 8-6-3-6, "Sewage Collection And Disposal", of this title, in addition to all other applicable Grundy County codes and ordinances. Septic tanks and oxidation lagoons shall not be permitted within manufactured home parks. In addition, each sewer connection to a manufactured home site that is unoccupied shall be closed until the site is occupied.

      4.   Water Supply: A water supply system shall be provided in accordance with section 8-6-3-7, "Water Systems", of this title, in addition to all other applicable Grundy County codes and ordinances.

      5.   Public Utilities: Public utilities shall be provided in accordance with sections 8-6-3-8, "Public Utilities", and 8-6-3-9, "Easements", of this title, in addition to all other applicable Grundy County Codes and ordinances. (Ord. 10-001, 1-12-2010)

   J.   Manufactured Home Park Development Application:

      1.   Required: Prior to the construction, expansion and/or alteration of any new or existing manufactured home park, the manufactured home park developer shall make application to, and receive approval from, the Grundy County Board in accordance with the requirements and procedures of this subsection.

      2.   Procedure:

         a.   Preapplication Conference: Prior to submittal of an application to develop a manufactured home park, the developer shall meet with the Zoning Board of Appeals to discuss the scope and nature of the proposed development. At the preapplication conference, the applicant shall provide information as to the location of the proposed manufactured home park development, the proposed public improvements, a list of any anticipated exceptions to County ordinances, and any other information necessary to clearly explain the manufactured home park development. The purpose of such preapplication conference is to make advice and assistance available to the applicant before preparation of the application.

         b.   Application Submittal: Following the preapplication conference, the application to develop a manufactured home park shall be submitted to the Zoning Officer. The application shall be in accordance with the requirements of subsection J3, "Application Requirements", of this section. The Zoning Officer shall forward copies of the application to the Zoning Board of Appeals for their report and recommendation, as well as other applicable administrative officials.

         c.   Zoning Board Of Appeals Recommendation: In making its recommendation, the Zoning Board of Appeals shall be guided by, and give consideration to, the following:

            (1)   The proposed development is in conformance with the Grundy County comprehensive plan, this title and the requirements of the MHP District.

            (2)   The proposed development will have a character of sustained desirability and stability.

            (3)   The proposed development will be in harmony with its surroundings.

            (4)   The proposed development will not cause undue congestion on local streets or thoroughfares. The Zoning Board of Appeals may recommend approval or denial of the application, including any special uses. If the Zoning Board of Appeals shall fail to act within sixty (60) working days after receipt of the application, the application shall be deemed to be recommended for approval.

         d.   Zoning Board Of Appeals Recommendation: The Zoning Board of Appeals may recommend to the County Board approval, approval with conditions or denial of any special uses that are part of the application including, but not limited to, approval of accessory structures and uses, and community sewer and water systems, as set forth in chapter 15, "Enforcement, Interpretation, And Severability", of this title.

         e.   Approval By County Board: Upon receipt of a recommendation from the Zoning Board of Appeals, the Grundy County Board may approve, approve with conditions or deny approval of the development, including any special use permits. (Ord. 2018-012, 6-12-2018)

      3.   Application Requirements: In order to develop a manufactured home park, the applicant shall file with the Land Use Department an application that includes the following:

         a.   The full name and address of the applicant or applicants, or the names and addresses of the partners if the applicant is a partnership or the names and addresses of the officers if the applicant is a corporation.

         b.   The address, location and legal description of the tract of land upon which it is proposed to construct a manufactured home park.

         c.   The name of the proposed manufactured home park.

         d.   The proposed number of manufactured home sites.

         e.   A site plan of the proposed manufactured home park, which must include the following:

            (1)   All manufactured home sites shall be clearly delineated, and each shall include site dimensions and square footage, and building envelope information. Building elevations for existing and proposed buildings and facilities, or any alterations to existing buildings and facilities, must be shown.

            (2)   The location of all required visitor parking lots.

            (3)   All streets, sidewalks and driveways.

            (4)   All signage for the manufactured home park, including manufactured home site numbering, street signs and directional signage.

            (5)   All public improvements and amenities, including community facilities and required open space.

            (6)   North arrow, drawing scale, signature and seal of an Illinois registered engineer or architect, and date of preparation.

         f.   A landscape plan shall be submitted with each application, and is subject to approval by the land use department. A landscape plan must include the following:

            (1)   The location, quantity, size and name, both botanical and common, of all existing plant material on the lot, and indicating which plant material will be retained and which will be removed. The landscape plan should include provisions to preserve existing trees in accordance with section 8-9-11, "Preservation Of Trees And Other Vegetation", of this title.

            (2)   The location, quantity, size and name, both botanical and common, of all proposed plant material including, but not limited to, shade and evergreen trees, shrubs, ground cover and turf, drawn at a size equal to three-fourths (3/4) maturity.

            (3)   The existing and proposed grading of the site indicating contours at one foot (1') intervals. Proposed berming shall be indicated using one foot (1') contour intervals.

            (4)   Elevation drawings indicating the materials used for all proposed fences.

            (5)   Installation and maintenance specifications as required by the land use department.

            (6)   North arrow, drawing scale, signature and seal of an Illinois registered landscape architect, and date of preparation.

            (7)   In the event that it can be demonstrated that existing vegetation meets the intent of the landscaping requirements of this section, it may be credited toward the required landscape materials, as determined by the land use department.

         g.   A traffic impact analysis is required if the proposed manufactured home park has fifty (50) or more manufactured home sites or, if additional sites are proposed to be added to an existing park, when the total number of manufactured home sites meets or exceeds fifty (50) sites. Such traffic impact analysis shall be conducted by an Illinois registered engineer and shall include the following:

            (1)   A description of the development site, proposed land use and intensity, and the area of influence of site traffic.

            (2)   Existing conditions of perimeter streets and intersections, including traffic counts and capacity and level of service analysis.

            (3)   Analysis of future conditions in trip generation at peak periods and for twenty four (24) hours.

            (4)   Proposed driveway locations, geometries, sight distances and turn restrictions.

            (5)   Impact on adjoining street network.

      4.   Alterations: Any alterations to existing manufactured home parks, excluding normal maintenance, shall require a new application.

      5.   Appeal: Any person denied approval of his/her manufactured home park development shall have the right to appeal such decision before the circuit court of the 13th judicial court, Grundy County, Illinois.

      6.   Records: When an application for a manufactured home park development has been approved, land use department shall retain the original and keep a file thereof. One copy shall be returned to the applicant, or his/her agent, and one copy shall be delivered to county clerk.

   K.   Manufactured Home Park License Requirements:

      1.   General Requirements:

         a.   No person, firm or corporation shall establish, maintain, conduct or operate a manufactured home park without first obtaining a license from the land use department.

         b.   A license to operate a manufactured home park shall be issued for one year and shall expire at twelve o'clock (12:00) midnight on April 30 of each year. The license may be renewed from year to year upon payment of an annual license fee in accordance with subsection K1c of this section. Licenses issued hereunder apply only to the premises described in the application and in the license. Only one location may be described in the license. A license which has been issued for a particular premises may not be moved to any other premises.

         c.   In addition to the application fees, the licensee shall pay to the land use department, on or before April 30 of each year, a nonrefundable annual license fee of fifty dollars ($50.00) plus three dollars ($3.00) for each manufactured home site in the park. The land use department shall deposit all funds received with the county treasurer.

         d.   All licenses to operate a manufactured home park shall be prominently displayed in the manufactured home park office.

      2.   Revocation Of License: Any license granted hereunder shall be subject to revocation or suspension by the land use department. The zoning officer shall first serve, or cause to be served, upon the licensee, a written notice which shall specify the way or ways in which such licensee has failed to comply with this title. Said notice shall require the licensee to remove or abate such nuisance, unsanitary or objectionable condition, specified in such notice, within five (5) days, unless a longer period of time is allowed by the zoning officer. If the licensee fails to comply with the terms and conditions of said notice, the land use department may revoke or suspend such license.

      3.   Records: When a license to operate and maintain a manufactured home park has been approved, the land use department shall retain the original and keep a file thereof. One copy shall be returned to the applicant, or his/her agent, and one copy shall be delivered to county clerk.

      4.   Management Responsibilities: The following manufactured home park management provisions are applicable to all manufactured home parks licensed within Grundy County:

         a.   Every park shall be managed by a responsible party on duty twenty four (24) hours per day and seven (7) days per week whose name, address and telephone number shall be on file at all times with the land use department and Grundy County sheriff. The duties of this responsible party shall be to maintain the park, and its facilities and equipment, in a clean, orderly and sanitary condition, and shall be responsible, in addition to the licensee, for any violation of this title.

         b.   Each manufactured home park shall have a manager's office where each manufactured home shall be assigned its manufactured home site, issued a copy of the manufactured home park's rules and registered. A register shall be maintained by the manager and shall include:

            (1)   The name and address of the owner of each manufactured home unit.

            (2)   The name and address of each occupant of such unit.

            (3)   The license number and state of issuance, for such unit.

            (4)   The date of entry of such unit into the park. The register shall be signed by the owner or occupant of the manufactured home.

         c.   Any person furnishing misinformation for purposes of registration shall be deemed guilty of a misdemeanor. Registration records shall be kept for seven (7) years after the manufactured home unit has left the manufactured home park. The register shall be available for inspection upon request by all law enforcement officers.

         d.   The land use department shall keep a record of all manufactured home parks. These records shall show the names and addresses of all manufactured home parks, names and addresses of the manufactured home park licensees, number of manufactured home sites in each park, source of water supply, system of sewage and garbage disposal, and any other information desired by the land use department.

      5.   Required School District Registration: The following provisions are applicable to all manufactured home parks licensed within Grundy County:

         a.   It shall be the duty of each licensee to file with the school board(s) of the school district(s) where the manufactured home park is located, within the first five (5) business days of February and of September of each year, a report that contains the names and ages of all school age children who reside in the manufactured home park.

         b.   The governing body of the school district in which such manufactured home park is located, by and through its officers, attendance officers and proper employees, may visit and inspect a manufactured home park for the purpose of enforcing the attendance of school children who reside in the park. When a manufactured home park is located in more than one school district, the school boards of the school districts, acting jointly, are authorized to visit and inspect a manufactured home park for the purpose of enforcing the attendance of school children who reside in the park.

   L.   Nonconforming Manufactured Home Parks:

      1.   Manufactured home parks established prior to the effective date of the MHP district shall be considered legal nonconforming manufactured home parks and shall continue to be governed by all standards in effect at the time they were approved.

      2.   The replacement of manufactured homes in legal nonconforming manufactured home parks shall be governed by the standards in effect when the manufactured home parks were approved. However, no manufactured home or mobile home shall be replaced by a "mobile home", as defined in this title.

      3.   Expansion of a legal nonconforming manufactured home park shall only be allowed when such expansion also includes substantial improvements in the existing manufactured home park to such a degree that the existing park, including the expanded area, complies with the provisions of the MHP district. (Ord. 10-001, 1-12-2010)

Commercial ministorage units may be allowed as a special use in the commercial general (CG) district, subject to the following provisions:

   A.   Permitted Activities: Within a miniwarehouse facility, no business activity other than the rental of storage units shall be conducted. The operation of such facility shall be for storage space only and shall in no way be deemed to include a transfer or storage business.

   B.   Lot Size:

      1.   Miniwarehouse lot size shall not exceed five (5) acres.

      2.   At least four thousand (4,000) square feet of storage space is required for each ministorage development or phase of development.

   C.   Outdoor Storage:

      1.   Outdoor or open storage of operable vehicles, recreational vehicles, and licensed trailers is permitted at a minimum distance of twenty feet (20') from buildings.

      2.   Outdoor or open storage of any type shall not be permitted in the street (front) yard.

      3.   Outdoor or open storage shall require a three foot (3') landscaped berm on all sides of the property. This requirement is in addition to any other landscaping requirements.

   D.   Interior Driveways: All interior driveways shall have a minimum width of thirty feet (30') between wood frame buildings or twenty four feet (24') between masonry buildings. In all cases, driveway width shall be sufficient to provide adequate access for fire apparatus in accordance with the local fire district's requirements.

   E.   Landscaping:

      1.   Landscaping of not less than three feet (3') in width shall be provided and maintained along street frontage except for entrance and exit driveways.

      2.   All areas not covered by buildings or pavement shall be landscaped.

      3.   Landscaping standards shall be twice the required amount for ministorage so that the landscaping appears dense and nearly opaque. The minimum amount of landscaping shall be equivalent to one hundred sixty (160) landscaping points.

   F.   Fencing: A minimum six foot (6') solid fence along the rear and side property lines is required when a miniwarehouse facility abuts any lot in the AR, PR, or R district or is used for residential purposes.

   G.   Lighting: Exterior lighting shall be shielded to direct the light onto the use established and away from adjacent properties, in accordance with section 8-8-3, "Exterior Lighting Standards", of this title.

   H.   Paving: All driveways, parking, loading, and vehicle circulation areas shall be paved with concrete or asphalt. Compacted gravel may be substituted in low traffic volume portions of the development.

   I.   Prohibited Materials: The following shall not be stored in individual warehouse units:

      1.   Flammable or combustible liquids;

      2.   Welding and cutting calcium carbides and acetylene;

      3.   Compressed gas and LPG;

      4.   Explosive and blasting agents;

      5.   Fireworks;

      6.   Hazardous chemicals;

      7.   Corrosive liquids and poisonous gases; and

      8.   Toxic materials.

   J.   Electrical Service:

      1.   Electrical service to individual units shall consist only of lighting and switches.

      2.   Specifically forbidden are electrical outlets within the storage units. (Ord. 10-001, 1-12-2010)

Mixed use developments may be allowed as a special use in the commercial general (CG) district, subject to the following provisions:

   A.   Use Type:

      1.   Other uses may include commercial lodging, commercial retail, office, restaurant, services, and places of assembly.

      2.   Any other use permitted in the district is also permitted as one of the floor types.

   B.   Use Standards: The following standards apply to mixed uses:

      1.   Minimum Residential: At least thirty percent (30%) of the total floor area shall be devoted to residential use.

      2.   Recreation Space: Each residential unit shall have seventy five (75) square feet of public or private outdoor recreation or activity space in the form of balconies, rooftop areas, or ground level space such as a plaza that is designed for the use and enjoyment of the residents.

      3.   Parking: Parking shall be reduced to the maximum parking needed for the composite uses in the peak parking hour.

      4.   Multiple Building Mixed Uses: Where there are more than four (4) buildings, not all buildings shall be required to have residential use, nor shall all buildings be required to accommodate mixed use, provided the following are met: