Jo Daviess County Unincorporated
City Zoning Code

The use table provides a tabular summary of the land use types allowed within each zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations listed within this chapter and the zoning district regulations of chapter 3 of this title, the text of the zoning district regulations shall prevail. (Ord. 2009-3, 5-12-2009)

Uses identified in a zoning district column of the use table with a "P" shall be permitted in such zoning district. Permitted uses shall also be subject to the standards and regulations as may be indicated in the "use standards" column and all other requirements of this zoning ordinance. (Ord. 2009-3, 5-12-2009)

Uses identified in a zoning district column of the use table with an "S" shall be permitted in such zoning district if reviewed and approved in accordance with the standards of chapter 2, article D of this title. Special uses shall be subject to the standards and regulations as may be indicated in the "use standards" column and all other requirements of this zoning ordinance. (Ord. 2009-3, 5-12-2009)

Uses not identified in a zoning district column of the use table as permitted uses or special uses are not allowed in such zoning district unless otherwise expressly permitted by other regulations of this zoning ordinance. (Ord. 2009-3, 5-12-2009)

A section number in the "use standards" column of the use table refers to standards and regulations applicable to the particular use in one or more of the districts in which such use is allowed. The referenced standards appear in article B of this chapter. (Ord. 2009-3, 5-12-2009)

The use table is as follows:

 

Notes:

   1.   On lots less than 40 acres.

   2.   On lots 40 acres or more.

(Ord. 2015-7, 11-10-2015; amd. Ord. 2016-8, 10-11-2016; Ord. 2019-4, 12-10-2019; Ord. O2023-6, 5-9-2023)

Permitted uses and approved special uses shall be deemed to include accessory uses and activities that are customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this title.

The Zoning Administrator may issue a temporary permit for the residential use, by one (1) family, of any accessory building while the principal dwelling is under construction. Such temporary permit shall be valid until the date of the first occupancy of the principal building or eighteen (18) months after the issuance of the permit, whichever is the earlier date. One (1) accessory building may be established on a lot prior to the establishment of the principal use, provided that such building shall not exceed the maximum allowable square footage as established in the parcel's zoning district intensity of use regulations.

   A.   Agricultural Accessory Uses: Agricultural accessory uses include, but shall not be limited to, the following activities and structures:

      Barns, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than ten percent (10%) of the total lot area.

      Distillation of ethyl alcohol (ethanol) from agricultural crops and the processing of byproducts from such distillation when such alcohol is utilized as fuel for agricultural purposes on the premises.

      Fences and walls.

      Garages.

      Gardens.

      Gates and guardhouses.

      Grain elevators for the storage of grains other than commercial grain storage.

      Methane digester or generation when utilized as fuel for agricultural purposes on the premises.

      Private radio and television receiving antennas and support structures.

      Private stables.

      Seasonal sale of agricultural produce grown on the premises as allowed as a temporary use in section 8-5B-37 of this article.

      Signs as specified in chapter 4, article C of this title.

      Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the agricultural use on the lot.

   B.   Residential Accessory Uses: Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

      Fences and walls.

      Garages, carports and off street parking areas, provided that detached garage or carport shall not cover more lot area than allowed by the applicable zoning district.

      Gardens.

      Gates and guardhouses.

      Guest household unit, one is allowed, which may include a kitchen facility that is separate from that of the principal household unit, subject to the following:

      1.   The guest household unit is used only for the housing of guests of the family residing in the principal dwelling unit and not as a rental unit;

      2.   When the guest household unit is located within the same building as the principal dwelling unit the guest household unit should be accessible through the principal dwelling unit entrance. If a separate exterior entrance to the guest household unit is provided, it shall face either a side yard or the rear yard of the principal dwelling unit. For this purpose, an attached garage is considered part of the principal dwelling unit;

      3.   Maximum allowable living space of a guest household unit shall be nine hundred (900) square feet.

      Home occupations, subject to section 8-5B-16 of this article.

      Home office.

      Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not in total cover more than five percent (5%) of the total lot area.

      Private radio and television receiving antennas and support structures.

      Private stables.

      Recreational and play facilities for residents.

      Signs as specified in chapter 4, article C of this title.

      Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, provided that storage shall be limited to private garages, side or rear yards of private homes, and in the driveways of private homes if located behind the required front yard setback. Outside storage shall be limited to two (2) pieces of equipment. No recreational vehicle shall be used for living or sleeping purposes for a period exceeding thirty (30) days in a calendar year while stored on the premises.

      Storm shelters and fallout shelters.

      Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the zoning administrator to ensure land use compatibility.

   C.   Nonresidential Accessory Uses: Nonresidential uses shall include, but not be limited to, the following accessory uses, activities and structures:

      Automated teller machine (ATM).

      Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use.

      Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel.

      Fences and walls.

      Gates and guardhouses.

      Offices for allowed business and industrial uses when the office is located on the same site as the principal use.

      Parking garages and off street parking areas.

      Parsonages, rectories, parish houses, and housing for others residing on the premises in conjunction with a church, chapel, temple, synagogue or other place of religious assembly.

      Playgrounds, play fields, athletic fields, auditoriums, gymnasiums, swimming pools, heating plants, administration and recreational buildings including the sale of food and nonalcoholic refreshments, in conjunction with educational and recreational facilities.

      Recycling collection stations, subject to the provisions of subsection E of this section.

      Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building.

      Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use.

      Signs as specified in chapter 4, article C of this title.

      Single-family, accessory dwelling. In the C commercial district, a single-family dwelling unit may be allowed as an accessory use in the principal building subject to the following:

      1.   Said dwelling unit is occupied only by the proprietor of the principal use and his family; or

      2.   One employee of the proprietor which may include the family of the employee.

      Storage of merchandise when located within the same building as the principal business.

      Television receiving antennas and support structures.

      Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standard imposed by the Zoning Administrator to ensure land use compatibility.

   D.   Accessory Use Development And Operational Standards: The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:

      1.   Exterior Setback: No accessory structure, other than a fence, shall be located within a required exterior setback.

      2.   Setbacks From Easements: No accessory structure, other than a fence, shall be located within any platted or recorded easement unless all parties with an interest in the easement provide written permission for locating an accessory structure in the easement. No accessory structure, including fences, shall be located within a drainage easement. Any fence located within a platted easement, recorded easement, or over a known utility shall be constructed at the property owner's risk. Any utility company having to remove or relocate said fence shall not be required to replace or repair said fence.

      3.   Height: No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized.

      4.   Building Separation: Unless attached to the principal structure, accessory structures shall be located at least five feet (5') from any other structure.

      5.   Building Coverage: No accessory structure shall exceed the maximum coverage allowed by the underlying district unless specifically authorized.

   E.   Recycling Collection Stations: Recycling collection stations shall be allowed as an accessory use in accordance with the following standards:

      1.   Maximum Size And Approval Required: Recycling collection stations shall be allowed as an accessory use only if it does not exceed one thousand (1,000) square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with chapter 2, article E of this title.

      2.   Screening: All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a six foot (6') tall, one hundred percent (100%) opaque, solid screen or be wholly contained within a structure.

      3.   Separation From Residential: Recycling collection station structures shall be located at least one hundred fifty feet (150') from an R-1 or R-2 District or residential dwelling.

      4.   Reverse Vending Machines: Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from any property line of property zoned or used for residential purposes.

      5.   Maintenance: An employee, business owner or property owner shall be responsible for keeping the recycling sites in a clean and safe condition and shall pick up any recycle materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis.

      6.   Hours Of Operation: A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Zoning Administrator.

      7.   Signs: A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. (Ord. 2009-3, 5-12-2009)

   F.   Miscellaneous: Small scale events such as garage sales, auctions and private, non-commercial events on the sponsor's property such as private weddings, family reunions and graduation celebrations not intended to be open to the public and events such as gatherings at any regularly established permanent place of worship, fairgrounds or any permanent established place of business when held in conjunction with and at the site of business, when accessory to the permitted principal use on the property are permitted under this section. (Ord. 2016-8, 10-11-2016; Ord. O2021-4, 8-10-2021; Ord. O2023-9, 6-13-2023)

   A.   Separation From Other Uses: No adult entertainment establishment shall be permitted within two thousand six hundred fifty feet (2,650') of any residential zone, residential dwelling, or of any religious assembly, school or park and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of a residential zone, residential dwelling or a lot that contains a religious assembly, school or park and recreation use.

   B.   Separation From Other Adult Entertainment Establishments: No adult entertainment establishment shall be allowed to locate or expand within two thousand six hundred fifty feet (2,650') of any other adult entertainment use or of any bar or tavern.

   C.   Access: All access to and from the adult entertainment establishment shall be provided from a thoroughfare street.

   D.   Windows And Doors: The building in which the adult entertainment establishment is located shall be designed in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building containing the adult entertainment establishment.

   E.   Signs: Adult entertainment establishments shall be limited to one wall mounted sign no greater than one square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. The sign shall not flash, blink or move by mechanical means and shall not extend above the roofline of the building. No flashing lights or lighting that gives the impression of motion or movement shall be permitted.

   F.   Parking Area Lighting: Lighting of parking areas that serve an adult entertainment establishment shall provide a minimum light level of twenty five hundredths (0.25) foot-candle over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line. (Ord. 2009-3, 5-12-2009)

Airports and airstrips shall comply with all federal and state regulations as well as other conditions with the granting of a special use. (Ord. 2009-3, 5-12-2009)

   A.   Residential Separation: Asphalt plants shall not be located within one thousand feet (1,000') of an R-1 or R-2 district boundary line or property on which an existing residential zone or a residential dwelling is located. The separation distance shall be measured from the nearest property line on which the asphalt plant is or is intended to be located to the nearest boundary property line of an R-1 or R-2 district or to the nearest property line of a residential zone or lot on which an existing residential dwelling is located.

   B.   Access: Access to an asphalt plant shall only be from an arterial or collector road.

   C.   Accessory Use: Accessory use to a quarry allowed by special use permit only. (Ord. 2009-3, 5-12-2009)

Bed and breakfast establishments shall be allowed in the zoning districts as specified in this chapter upon approval of a special use permit issued in accordance with the provisions of chapter 2, article D of this title. When considering a special use permit application for a bed and breakfast establishment, the following requirements shall apply:

   A.   The establishment shall be located within a one- or two-family dwelling unit.

   B.   The establishment shall be located on a lot that is a minimum of one acre in size.

   C.   The yard and floor area requirements shall be as set forth in the R-1 single-family dwelling district.

   D.   The establishment shall be located in a dwelling unit permanently occupied by the owner or manager, wherein as an accessory use to the residential use, rooms are rented to the public for more than ten (10) consecutive nights in any twelve (12) month period, with the exception of the agricultural district wherein a bed and breakfast may incorporate the use of accessory buildings detached from the main house providing such are suitable for human habitation.

   E.   Breakfast may be provided to guests of the bed and breakfast only.

   F.   Two (2) off street parking spaces plus one additional off street parking space per lodging room shall be provided. All off street parking spaces for each lodging room shall be adequately screened from neighboring property.

   G.   No more than five (5) guestrooms may be provided. The county board may, however, further limit the number of lodging rooms allowed in order to maintain the character of the neighborhood in which the bed and breakfast facility is located.

   H.   No signs other than an identification sign as allowed by chapter 4, article C of this title shall be permitted.

   I.   The establishment shall comply with the requirements of the state fire marshal for one- and two-family dwellings.

   J.   The operator of the establishment shall obtain certification from the state fire marshal that the proposed bed and breakfast establishment meets the requirements of section 6 of the state of Illinois "bed and breakfast act".

   K.   In conjunction with the special use permit application, a floor plan of the proposed bed and breakfast establishment shall be submitted illustrating that the proposed establishment will comply with the requirements for bed and breakfast establishments as set forth by this title.

   L.   The operator shall obtain all required licenses and permits for a bed and breakfast establishment as required by the Jo Daviess County health department prior to beginning the operation of the bed and breakfast establishment. (Ord. 2009-3, 5-12-2009)

Institutional camps may be allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title and the following provisions:

   A.   The camp is located within a contiguous growth area as designated by the comprehensive plan for the development of the community of Jo Daviess County; or

   B.   Is located outside of a contiguous growth area where parcels with a land evaluation and site assessment score less than two hundred (200). (Ord. 2009-3, 5-12-2009)

Recreational camps may be allowed upon approval of a special use permit issued in accordance with chapter 2, article D of this title and the following provisions:

   A.   Any accessory outdoor recreational facilities shall be for use only by persons camping on the premises.

   B.   Incidental storage of such recreational vehicles shall be permitted provided such vehicles are not placed on permanent foundations or supports. (Ord. 2009-3, 5-12-2009)

A fifteen foot (15') wide landscape buffer shall be provided along all property lines. (Ord. 2009-3, 5-12-2009)

   A.   Bus Parking: Any parking area used for the overnight parking of buses and vehicles shall be located at least one hundred feet (100') from the lot line of a lot zoned residential or residential dwelling. Any such parking area shall be screened from view of adjacent residential zone or residential dwelling districts by a landscape buffer.

   B.   Accessory Dwelling: A property on which a church, chapel, temple or synagogue is located may also contain an accessory residential dwelling to be used as a parsonage, rectory or parish house. (Ord. 2009-3, 5-12-2009)

Shall comply with title 4, chapter 8 of this code as well as all state and federal regulations. (Ord. 2009-3, 5-12-2009)

No outside storage shall be allowed within a commercial district. Temporary use of land for the installation, maintenance and operation of facilities used by contractors in the ordinary course of construction activities, except that such facilities shall be required to be located not less than three hundred feet (300') from any building used for residential purposes, and except that the period of such temporary use shall not exceed the duration of the permit. Types of facilities used by contractors in the ordinary course of construction activities shall include, but not be limited to, a contractor's office or equipment sheds and shall be located on the same lot where such construction is occurring or on a contiguous lot, shall be exempt. (Ord. 2009-3, 5-12-2009)

   A.   Daycare Center:

      1.   State Licensing: Each daycare center shall be licensed by the Illinois department of children and family services under the Illinois child care act of 1969 1 , and shall meet all county and state health department requirements pertaining to facilities, equipment, and other features.

      2.   Vehicle Drop Off Area: An off street loading zone capable of holding one car per ten (10) individuals cared for shall be provided, in addition to the required parking area, in order to provide for the safe pick up and discharge of passengers.

   B.   Daycare Home: Each daycare home shall be conducted in a single-family or two-family dwelling unit that is occupied as a permanent residence by the daycare provider. The use will be considered a home occupation and shall be subject to the home occupation provisions of this article. (Ord. 2009-3, 5-12-2009)

   A.   Location Of Accessory Restaurants And Equipment Shops: Facilities such as restaurants, bars and equipment shops shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar.

   B.   Location Of Accessory Recreation Facilities: Buildings, swimming pools, tennis courts, and similar accessory recreational facilities shall be set back at least twenty five feet (25') from the property line of any AG, R-1 or R-2 zoning district.

   C.   Size: An 18-hole golf course shall require a minimum of sixty (60) acres for each nine (9) holes unless the golf course is a par 3 course in which case a minimum of twenty five (25) acres shall be required for each nine (9) holes. (Ord. 2009-3, 5-12-2009)

Greenhouses, nurseries and wholesale sales of plant materials and garden crops shall be subject to the following standards:

   A.   Within the agricultural district, a minimum of sixty percent (60%) of the plant materials and garden crops that are for sale shall be grown on the property.

   B.   Greenhouses and nurseries shall not be located within one hundred fifty feet (150') of an existing residentially zoned district, boundary line, or residential dwelling.

   C.   Within the conservation district, retail sales are not permitted. (Ord. 2009-3, 5-12-2009)

Group homes shall be subject to the following standards:

   A.   Spacing: A group home to be located within an R-1 or R-2 district shall not be located on a lot that is within six hundred feet (600') of another lot on which a group home is located.

   B.   Exterior Appearance: There shall be no alteration of the exterior of the group home that shall change the character thereof as a single-family residence. There shall be no alteration of the property on which the group home is located that will change the character thereof as property within a single-family dwelling district.

   C.   Neighborhood Character: A group home shall be constructed to be compatible with the architectural character of the neighborhood in which it is located. (Ord. 2009-3, 5-12-2009)

Home occupations shall be permitted in all districts permitting dwellings subject to the following provisions and the provisions for accessory uses as specified in section 8-5B-1 of this article:

   A.   Restrictions And Limitations:

      1.   The home occupation shall be incidental and subordinate to the principal residential use of the premises.

      2.   No more than four (4) employees who do not reside in the house may work at the location of the home occupation on any single day. The home occupation shall not constitute a nuisance taking into account the character of the surrounding area or neighborhood. The number of employees that never work at the home occupation location shall not be limited.

      3.   Sales on the site of a home occupation shall be limited to goods made on the site. Off premises sales, including sales made by telephone, fax or computer are not prohibited by this title.

      4.   No exterior display of merchandise sold or used in conjunction with the home occupation shall be allowed.

      5.   Signs shall comply with chapter 4, article C of this title. No sign shall exceed two feet (2') in any direction, shall not be illuminated and shall be placed flat against the main wall of the principal residential structure.

      6.   Materials or equipment used in conjunction with a home occupation shall be wholly enclosed within the dwelling or accessory building.

      7.   No equipment shall be utilized that creates a nuisance such as noise, vibration, smoke, dust, odor, heat, glare, emissions or electrical interference.

      8.   No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling.

      9.   No traffic shall be generated by the activity of the home occupation which creates a nuisance taking into account the character of the surrounding area or neighborhood. This provision shall also include the prohibition of regular delivery by tractor trailer combination trucks.

      10.   The following are examples of uses that are permitted for illustrative purposes:

         Art, dancing, and music schools.

         Artists' studios and conservatories.

         Barbershops, beauty shops and tanning salons.

         Catering.

         Chimney sweep.

         Contracting - electrical, carpenter, plumbing, heating, painting.

         Flower arrangement.

         Gardening, landscaping (office).

         Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinetmaking, etc.

         Housecleaning service.

         Jewelry making, rock polishing.

         Locksmith.

         Offices, general, for example, including, but not limited to, offices for realtors, insurance agents, brokers, sales representatives, accounting services, architectural services, consulting services, data processing, drafting and graphic services, engineering services, financial planning, legal services, investment services, counseling services, interior design, tax preparation, typing, word processing services, writing, computer programming services and manufacturing representatives.

         Pet grooming.

         Security service, security systems, auto security systems.

         Small appliance and electronic repair services.

         Small engine repair (lawn and garden).

         Swimming pool cleaning.

         Tailoring, alterations, and other sewing services.

         Telephone answering, switchboard, call forwarding.

         Tutoring, music lessons, religious instruction.

         Watch, clock, and jewelry repair services.

      11.   Permitted home occupations shall not in any event include the following:

         Adult entertainment establishments.

         Antiques - retail.

         Automobile and other motor vehicle repair services.

         Grocery sales.

         Heavy equipment rental.

         Kennels.

         Undertaking, mortuary and funeral services.

         Veterinary clinics. (Ord. 2015-7, 11-10-2015)

Landfills as defined by the state of Illinois, mining and quarrying operations shall be subject to the following standards:

   A.   Minimum Surveyed Site Area: A minimum site area of thirty five (35) acres shall be required for a landfill. A minimum surveyed site area of ten (10) acres shall be required for mining or quarrying.

   B.   Setback Distances: No digging or excavating shall occur within one hundred fifty feet (150') of any lot line with a quarry face of no more than one hundred feet (100'), for future reclamation.

   C.   Groundwater: Groundwater protection at the site by accepted good construction methods of berming and silt fencing. NPDES permit required.

   D.   Location: Landfill, mines or quarrying of any kind shall not be located within one thousand five hundred feet (1,500') of a residential dwelling, except for a residence occupied by the owner, lessees, or operator of the premises on which the activities take place, or a residence, the owner and occupant of which have executed written consent for such operations to be conducted closer than one thousand five hundred feet (1,500') from such residence.

   E.   Fencing: A fence surrounding the quarry is required.

   F.   Reclamation: Reclamation is required upon discontinuance of use or upon expiration of the permit. (Removal of less than 300 cubic yards of material per year for 3 succeeding years constitutes discontinuance of the use.) Upon reclamation a three to one (3:1) slope is required for the sidewalls, with cover and seed.

   G.   Bond: Bonding for the reclamation of the quarry to be established at the time of special use request.

   H.   Fuel Storage: No fuel storage on site.

   I.   Dust Free: All roads, driveways, parking lots and loading and unloading areas shall be kept in as dust free condition as possible, using application of dust inhibitors, if necessary so as to limit the nuisance caused by windborne dust or debris to adjoining lots and public roads. (Ord. 2009-3, 5-12-2009)

The following standards shall apply to all landscape waste composting facilities:

   A.   Permission To Construct And Operate: An application for permission to construct and operate a landscape waste composting facility shall be accompanied by copies of all valid permits issued and required by the Illinois environmental protection agency, and all other applicable local, state or federal agencies.

   B.   Minimum Site Area: All landscape waste composting and mulching facilities shall be located on a site containing at least five (5) acres.

   C.   Separation Distance:

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

         a.   Residential zone or a residential dwelling.

         b.   A lot line of any lot containing a residence;

         c.   A boundary line of an R-1 or R-2 district.

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

   D.   Setback: The location of the portion of the site where active biological decomposition of the landscape waste is taking place shall be set back a minimum of two hundred feet (200') from the property line. In addition, the facility shall be set back not less than two hundred feet (200') from a potable water supply.

   E.   Landscape Buffer: Each landscape waste composting facility shall have a landscape buffer around its perimeter. The county board may require a greater buffer to protect adjacent property from adverse visual, noise and other impacts associated with a specific compost facility.

   F.   Traffic Circulation: The operation shall provide an entrance with ingress and egress so designed as to minimize traffic congestion. No more than one vehicle entrance shall be allowed for each six hundred sixty feet (660') of lot frontage on a public street. There shall be enough room on site to accommodate peak traffic volume and company vehicles. The zoning administrator may require a traffic report to be submitted with the special use permit application.

   G.   Storage Bins: Storage bins will be allowed to be stored on site as an ancillary use, providing they are durable, covered and meet the same setbacks required for structures on the site. The number of storage bins allowed may be limited by the county board and shall be screened from view from off site.

   H.   Sale Of Composted Material: The sale or marketing of any composted or mulched waste material at retail or wholesale from such facility shall be allowed only when such sale or marketing is accessory and incidental to the composting and mulching facility.

   I.   Hours Of Operation: The proposed hours of operation shall be submitted with the special use permit application for the facility. In no case, however, shall the facility operate before sunrise or after sunset.

   J.   Dust Free Condition: All entrance roads and driveways, parking lots and loading/unloading areas within one hundred feet (100') of any lot line or roadway shall be graded and paved with an approved concrete or asphalt/concrete surface as approved by the zoning administrator so as to limit adjoining lots and public roads from the nuisance caused by windborne dust and debris. All roads, driveways, parking lots and loading and unloading areas shall be kept in as dust free condition as possible, using application of dust inhibitors, if necessary, so as to limit the nuisance caused by windborne dust or debris to adjoining lots and public roads.

   K.   Stormwater Management: A stormwater management plan may be required at the discretion of the zoning administrator.

   L.   Litter Control: Evidence shall be submitted to show that the operation shall be conducted in such a manner as to prevent the blowing of any waste materials or dust particulate matter onto adjoining property or roadway.

   M.   Hazardous Material: Operations shall not involve the on site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.

   N.   Material: No food scraps (except for vegetable scraps) or other vermin attracting materials shall be processed, stored or disposed of on the site of the compost facility. Only yard/garden wastes are allowed as compost material. (Ord. 2009-3, 5-12-2009)

Manufactured homes and mobile homes shall only be permitted in a manufactured home park unless said manufactured home is a "manufactured home, residential design" as defined and allowed herein. (Ord. 2009-3, 5-12-2009)

Standards are those as set forth in the building regulations, title 7, chapter 3 of this code. (Ord. 2012-3, 2-14-2012)

Manufactured home parks shall comply with the following standards:

   A.   Property Development Standards:

      1.   Minimum park area: Ten (10) acres.

      2.   Maximum density: Seven (7) dwelling units per acre.

      3.   Minimum perimeter setbacks: Forty feet (40').

   B.   Streets: Private streets shall be permitted within manufactured home parks, provided that they comply with the design standards of the Jo Daviess County land subdivision ordinance. Street signs shall comply with all applicable county standards.

   C.   Parking: A minimum of two (2) off street parking spaces shall be provided for each dwelling unit within the manufactured home park. At least one of the two (2) required spaces shall be an off street parking space located on each manufactured home unit space. All off street parking areas shall be paved in accordance with county standards.

   D.   Recreation And Open Space: At least three hundred (300) square feet of common recreation and open space shall be provided per manufactured home/manufactured housing site in the manufactured home park. Such recreation and open space area shall be located no farther than five hundred feet (500') from any manufactured home site served. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area.

   E.   Walkways: Walkways shall be required on one side of all interior streets and accessways and shall provide connections between manufactured home units and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four feet (4') in width.

   F.   Water Supply: All manufactured home parks shall be connected to a water supply system as approved by the Illinois environmental protection agency.

   G.   Sewage Disposal: All manufactured home parks shall be connected to a sewer system as approved by the Illinois environmental protection agency or the Jo Daviess County health department.

   H.   Storm Drainage Facilities: Storm drainage facilities shall be so constructed as to protect those who will reside in the manufactured home park, as well as the property owners adjacent to the manufactured home park. Such facilities shall be of such capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park and shall comply with all applicable county standards. A stormwater management plan shall be filed with the application.

   I.   Underground Utilities: All electric, telephone, and other lines from supply poles outside the park or other sources to each manufactured home site shall be underground.

   J.   Fire Protection: Manufactured home parks shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park to satisfy regulations of the state fire marshal.

   K.   Flammable Liquid Storage: The use of individual fuel oil or propane gas storage tanks to supply each manufactured home separately shall be prohibited. Any fuel oil or gas storage shall be centrally located in underground tanks, at a safe distance from any manufactured home site. All fuel lines leading to the park and to manufactured home sites shall be underground and so designed as to conform with any state code that is applicable. When separate meters are installed each shall be located in a uniform manner.

   L.   Solid Waste: All garbage and trash containers shall be placed in a conveniently located enclosed structure the exterior of which is similar in appearance to the manufactured home it serves. The removal of trash shall take place not less than once a week. Individual or common incinerators shall be prohibited.

   M.   Landscaping: A landscape buffer as approved by the county board shall be provided and maintained along all boundaries of a manufactured home park except at established entrances and exits.

   N.   Manufactured Home Spaces Within Manufactured Home Parks: Manufactured home spaces within manufactured home parks shall comply with the standards of this section.

      1.   Minimum Size Of Manufactured Home Space: Each manufactured home space within a manufactured home park shall contain at least three thousand (3,000) square feet of site area, and be at least forty feet (40') in width.

      2.   Access: Each space shall have access to a paved interior roadway. In no case shall access to manufactured home spaces be provided from abutting property.

      3.   Separation/Clearance: Each space shall be located so that at least ten feet (10') of separation clearance will be maintained between manufactured home units and other structures in the park.

      4.   Canopies And Awnings: Canopies and awnings may be attached to any manufactured home and may be enclosed and used for recreation or sunroom purposes. When enclosed for living purposes, such shall be considered as part of the manufactured home.

      5.   Utility Hookup: Each manufactured home space shall have hookup facilities for water, sewer, electricity, and telephone. (Ord. 2009-3, 5-12-2009)

   A.   Marinas and boat landing facilities may include the following accessory uses:

      Boat fuel sales.

      Boat rental.

      Boat sales.

      Boat storage and repair.

      Sales and service of marine motors, boat parts and accessories.

   B.   Incidental sales of food and prepackaged beverages may be allowed as an accessory use to a marina upon approval of a special use permit specifically allowing such incidental sales.

   C.   Marinas shall be located on lots having not less than one hundred feet (100') of frontage on a waterway used for the general public for boating activities.

   D.   Parking areas shall comply with the requirements of chapter 4, article D of this title.

   E.   Sanitation facilities shall be as required by the Jo Daviess County health department. (Ord. 2009-3, 5-12-2009)

Multi-family development shall be subject to the following guidelines and standards as part of the site plan review of each development:

   A.   Natural Features And Environment: Each site should be designed to preserve natural features and environmental resources, such as:

      1.   Floodplains and drainageways.

      2.   Bodies of water.

      3.   Prominent ridges.

      4.   Existing tree cover including tree masses, wind rows and significant individual trees.

   B.   Cut And Fill: Excessive cut and fill are unacceptable. The development should preserve the natural topography of the site.

   C.   Pedestrian Circulation: Pedestrian circulation systems (sidewalks, walkways, and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area. Pedestrian access should be designed to provide reasonable linkages of dwelling units to other facilities within the development such as recreation, services, mail and parking.

   D.   Building Separation: All buildings shall be separated by a minimum distance of twenty feet (20').

   E.   Lot Coverage: Each development should be designed to reflect unique site characteristics and build strong neighborhood environments without overcrowding the site.

   F.   Net Living Area: A minimum net living area for each dwelling unit (exclusive of basements, open porches, terraces, patios, garages, carports, and facilities such as heating, cooling and laundry serving more than 1 dwelling unit) shall be as follows:

      1.   Three hundred seventy five (375) square feet for efficiency units;

      2.   Five hundred (500) square feet for one bedroom units;

      3.   Seven hundred fifty (750) square feet for two (2) bedroom units;

      4.   Eight hundred fifty (850) square feet for three (3) bedroom units; and

      5.   Nine hundred fifty (950) square feet for a unit with four (4) or more bedrooms.

   G.   Access: Whenever possible, local streets shall provide the vehicular access for all multi-family residential developments.

   H.   Open Space: Open space should be provided to meet active and passive use requirements of the neighborhood.

      1.   At least ten percent (10%) of the total site area shall be set aside as common open space. The common open space area shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools, tennis courts, and tot lots. Common open space may not be counted as part of nor located in a required setback area.

      2.   A minimum of sixty (60) square feet of private open space shall be provided for each dwelling unit. Private areas should be accessible from each applicable dwelling unit and should be designed to prevent access from other areas so as to ensure privacy. Private areas typically include yards, balconies and patios adjoining each dwelling unit.

   I.   Building Clustering: Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central common area, and not have the primary orientation directed toward the parking area.

   J.   Building Orientation:

      1.   Individual Buildings: Individual buildings should be oriented in a way that establishes neighborhoods and subneighborhoods.

      2.   Reduction Of Unusable Open Space: Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.

   K.   Vehicular Circulation And Parking:

      1.   Street Layout: The layout of streets should provide for safe operation of vehicles within the development.

      2.   Parking Area Layout: Double loaded parking areas along private streets are generally not acceptable. Parking areas should be located along drives that intersect public or private streets.

      3.   Parking Enclosures: Parking enclosures should be designed and sited so as to complement the primary structures and to provide visual relief from extensive pavement area. (Ord. 2009-3, 5-12-2009)

Oil and gas drilling/refining operations shall be subject to the following standards:

   A.   Oil and gas drilling/refining operations shall not be located within one thousand feet (1,000') of a boundary line of a residential district or any residential dwelling.

   B.   The distillation of ethyl alcohol (ethanol) from agricultural crops and the processing of byproducts from such distillation when such alcohol is not utilized as fuel for agricultural purposes on the premises shall be allowed as a permitted use in the manufacturing and industrial districts and as a special use, issued in accordance with the provisions of chapter 2, article D of this title, in the agricultural and commercial districts. (Ord. 2009-3, 5-12-2009)

The following requirements shall apply to paintball establishments:

   A.   Operator is required to maintain membership in the American Paintball League (or similar reputable national organization) and enforce their operating rules.

   B.   Warning signage shall be placed every one hundred feet (100') along the property lines and be visible from a distance of fifty feet (50').

   C.   A clearly marked buffer of fifty feet (50') adjacent to any street or public way and of thirty feet (30') along any other lot line shall be provided in which no paintball games may take place.

   D.   Parking shall be in designated areas only.

   E.   No games shall be played before sunrise or after sunset.

   F.   A copy of the current liability policy of not less than one million dollars ($1,000,000.00) for bodily injury or death shall be maintained in the department of building and zoning.

   G.   A permit from Jo Daviess County health department for food service shall be provided and sanitation facilities shall be provided.

   H.   A site plan drawn to scale shall be provided showing property lines, parking areas, buffers and other improvements. (Ord. 2009-3, 5-12-2009)

The following requirements shall apply to racetracks:

   A.   Access to racetracks shall be provided by a paved roadway that is classified as an arterial roadway.

   B.   Racetracks for the racing of animals shall be located at least one mile from any residential district or residential dwelling.

   C.   Racetracks for the racing of motor vehicles shall be located at least two (2) miles from any residential district or residential dwelling. (Ord. 2009-3, 5-12-2009)

Outdoor recreation and entertainment uses shall be located on arterial or collector roads. Public activity areas shall be located at least six hundred sixty feet (660') from any adjacent residential district or residential dwelling. (Ord. 2009-3, 5-12-2009)

Recreational vehicle parks shall be permitted subject to the following conditions:

   A.   The site selected for recreational vehicle parks shall be well drained and designed to provide space for recreational vehicles that are intended for short term occupancy. Recreational vehicles may have a permanent placement within said park as long as said recreational vehicle has not been built onto and the owner of said recreational vehicle has a bona fide residence at a different location. Location of the recreational vehicle park may not front on a major roadway or thoroughfare, but shall be directly accessible to the major roadway by means of a private road or public road on which it has frontage.

   B.   Minimum tract size shall be two (2) acres and shall be one owner.

   C.   The maximum number of recreational vehicle spaces allowed shall not be more than twenty (20) per acre. Consideration shall be given to whether the recreational vehicle park and the density level are designed accordingly. The densities of overnight use may be higher than destination type since it primarily serves as a short stopping point while the destination type recreational vehicle park provides for longer and extended stays of several days or weeks.

   D.   Minimum width of a recreational vehicle space shall be twenty five feet (25'). The space shall be so designed to provide space for parking both a travel trailer and towing vehicle off the roadway. No travel trailer unit shall be closer than twelve feet (12') to any other adjacent unit, structure or roadway, and all spaces shall have direct access to the roadway. No unit shall be placed closer than thirty feet (30') to any of the development property lines, and the ten feet (10') nearest the property line shall be permanently maintained as a sodded and/or landscaped area.

   E.   Mobile homes and manufactured homes shall not be allowed.

   F.   A central office or convenience establishment with an attendant shall be provided within the recreational vehicle park to register guests and provide service and supervision to the camp. An accessory residence shall be allowed for occupancy by the owner or operator of the facility.

   G.   The applicant for a recreational vehicle park shall submit a site plan in accordance with the provisions of chapter 2, article D of this title to the zoning board of appeals for their review and recommendation. In addition to the requirements of chapter 2, article D of this title, the site plan shall contain the information required below and any other information the county board shall deem reasonably necessary to fully evaluate the proposed development:

      1.   General layout of development with dimensions, depths, number of spaces and related sanitation accommodations.

      2.   Parking area location, sizes and capacity.

      3.   Ingress and egress points for the project.

      4.   Use of structures.

      5.   General layout of typical recreational vehicle space showing size of space and proposed improvements.

      6.   Layout of roadway within the camp.

      7.   Net density of proposed project, expressed in terms of units per acre.

      8.   General landscaping plan indicating all new and retained plant material to be incorporated within the new development and layout of outdoor lighting system.

      9.   Plan and method of sewage disposal and water supply.

      10.   Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas. In addition, proof of state license for operation of the sewer and water supply.

      11.   The development shall provide a general refuse storage area or areas which shall be provided with a paved concrete surface and shall be enclosed to screen it from view.

   H.   The recreational vehicle parks shall be planned and constructed in accordance with the minimum standards established in this section and outlined below:

      1.   All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material or at least eight inches (8") of crushed aggregate material.

      2.   All camps shall be provided with general outdoor lighting with a minimum of three-tenths (0.3) foot-candle of general illumination.

      3.   At least ten percent (10%) of the park area shall be yard area or open space. All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be maintained. (Ord. 2009-3, 5-12-2009)

The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards:

   A.   Separation From Residential: No salvage yard shall be located within five hundred feet (500') of a residential district or a residential dwelling.

   B.   Screening: The operation shall be conducted wholly within a noncombustible building or within an area surrounded on all sides by a solid fence or wall at least twelve feet (12') in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. Scrap, junk or other salvaged materials shall be piled or stored so that they are not visible from outside the fenced in area and do not exceed the height of the enclosing fence or wall within fifty feet (50') of the inside of such fence or wall.

   C.   Loading/Unloading: No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right of way.

   D.   County, State And Federal Standards: All operations shall obtain all necessary licenses and permits from all county, state, and federal agencies that regulate such facilities, equipment and other features. (Ord. 2009-3, 5-12-2009)

Schools (elementary, middle, high), colleges or universities, and vocational schools shall comply with the following:

   A.   Approval by the Illinois capital development board if required by state law;

   B.   Upon issuance of a special use permit issued in accordance with the provisions of chapter 2, article D of this title, a group residential use may be allowed in conjunction with a school for the residency of students, faculty and other staff of the school. (Ord. 2009-3, 5-12-2009)

Developments consisting of single-family attached dwellings shall be subject to the following standards:

   A.   Lot Width: Each single-family attached dwelling shall be located on an individual lot having a minimum width of one hundred fifty feet (150').

   B.   Lot Area: Each lot on which a single-family attached dwelling is located shall not be less than twenty two thousand five hundred (22,500) square feet in area.

   C.   Building Coverage: Single-family attached dwelling shall be exempt from the building coverage standards of the R-2 district.

   D.   Setbacks: No interior side setback shall be required on the "attached" side of a lot containing a single-family attached dwelling unit. The interior setback standards of the R-2 district shall only apply to "end" units in a single-family attached development. End units are those that are attached to other dwelling units on only one side. (Ord. 2009-3, 5-12-2009)

A single-family, detached agricultural residence shall only be allowed in conjunction with an agricultural operation. (Ord. 2009-3, 5-12-2009)

   A.   A single-family, detached nonagricultural residence in the AG agricultural district that is permitted as a special use shall be subject to the following standards and regulations:

      1.   A site plan which provides the following information shall be provided:

         a.   The existing and proposed topography, slope, and drainage patterns of the lot.

         b.   The erosion control measures that will be used during and after construction.

         c.   The grade of the driveway which shall not exceed fifteen percent (15%) at any one point.

         d.   The area to be cleared if the lot is wooded.

      2.   Jo Daviess County uses a land evaluation and site assessment (LESA) system to help local officials determine if farmland may be converted to other uses. This tool has a maximum of three hundred (300) points. A score of two hundred (200) points or more would indicate that land is important to retain for agricultural purposes. A score of less than two hundred (200) points would indicate the site may be suitable for nonagricultural uses.

      3.   On site wastewater facilities shall conform to all Illinois statutes and those established by the Jo Daviess County health department.

      4.   Identification of an appropriate septic area as provided by the natural resources inventory (NRI) reports.

      5.   Lot configuration (see section 8-5B-48 of this article).

      6.   All lighting shall conform to section 8-4E-3, "Outdoor Lighting Standards", of this title.

      7.   The most sensitive areas for development in Jo Daviess County are underlain by Silurian geological formations. These elevated ridge tops and hillsides are scenic, prone to excessive erosion and often provide the least amount of ground water protection. These areas are mapped and are presented as part of the natural resources inventory (NRI) report for every requested change in zoning for Jo Daviess County. Development located in these areas will be subject to the following additional standards:

         a.   Buildings and roads located on sloping sites shall be built to blend with the existing topography.

         b.   Exterior building colors are encouraged to blend with the natural background.

         c.   Yard areas shall not be clear cut, existing trees shall be protected whenever possible, clearing of trees to create a building site should be as minimal as possible and the continuity of wooded sites shall be preserved. If trees must be removed in the construction process, they should be replaced with trees of species similar to those in surrounding woodlands.

         d.   In no case shall the roofline of any structure be higher than the existing mature tree height or ridge top.

         e.   Additional erosion control will be required on highly erosive sites.

         f.   The impervious surface coverage of the lot, which includes the building footprint, paved roads and compacted gravel surfaces, etc. This area shall not exceed one-half (1/2) acre.

   B.   A single-family, detached nonagricultural residence when allowed as a permitted use in the R-1, R-2, RP and AG districts shall be subject to the following standards:

      1.   A site plan which provides the following information shall be provided:

         a.   The existing and proposed topography, slope, and drainage patterns of the lot.

         b.   The erosion control measures used during and after construction will be identified.

         c.   The area to be cleared if the lot is wooded.

      2.   On site wastewater facilities shall conform to all Illinois statutes and those established by the Jo Daviess County health department.

      3.   All lighting shall conform to section 8-4E-3, "Outdoor Lighting Standards", of this title.

      4.   Buildings and roads located on sloping sites shall be built to blend with the existing topography.

      5.   Exterior building colors are encouraged to blend with the natural background.

      6.   Yard areas shall not be clear cut, existing trees shall be protected whenever possible, clearing of trees to create a building site should be as minimal as possible and the continuity of wooded sites shall be preserved. If trees must be removed in the construction process, they should be replaced with trees of species similar to those in surrounding woodlands.

      7.   Additional erosion control will be required on highly erosive sites. (Ord. 2009-3, 5-12-2009)

Single-family dwellings constructed belowground shall conform to the following standards:

   A.   Shall have a minimum of eight hundred (800) square feet of floor area.

   B.   Shall have sufficient earth cover over the underground portion to support vegetation.

   C.   At least twenty percent (20%) of the total length of the perimeter wall surrounding the living area entirely exposed above ground level, with doors leading from at least two (2) separate rooms through such exposed wall.

   D.   In addition to the information specified in chapter 2, article D of this title to be submitted with the special use permit application, the following information shall also be submitted:

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

      2.   Sewage disposal plans approved by the Jo Daviess County health department.

      3.   Final grading plan.

      4.   Soil information and water table information for the site. (Ord. 2009-3, 5-12-2009)

Zero lot line single-family dwellings shall conform with the following standards:

   A.   The procedure for establishing a zero lot line single-family development shall be the same as set out for site plan approval in chapter 2, article D of this title.

   B.   The intensity of use, bulk of buildings, concentration of population, amount of open space, light and air, shall be the same as established for single-family dwellings in the R-2 district.

   C.   The intensity of the residential dwelling units shall be the same as established for single-family dwellings in the R-2 district.

   D.   The developer shall establish a property owners' association or other entity for the maintenance of common open space areas within the development. The county board may require assurance of the financial and administrative ability of any organization created by the developer for the purpose of maintaining common open space areas and facilities of a nonpublic nature.

   E.   There shall be sufficient water pressure to ensure that adequate fire protection is provided.

   F.   The county board may, in the process of approving preliminary and final plans, approve the following deviations from the requirements of the R-2 district:

      1.   Setbacks of buildings and paved areas from a public street may be reduced to fifty percent (50%) of the standard requirement.

      2.   Setbacks of buildings from a property line other than a public street may be reduced to sixty percent (60%) of the standard requirement and setbacks of paved areas adjacent to property lines, other than street lines, may be reduced to zero if existing or proposed development on said adjacent land justifies the same.

      3.   Side yards between buildings may be reduced to zero.

      4.   The foregoing deviations in subsections F1 through F3 of this section may be granted by the county board only when compensating open space is provided elsewhere in the project, where there is ample evidence that said deviation will not adversely affect neighboring property nor will it constitute the mere granting of privilege.

   G.   The design of all zero lot line single-family projects shall assure proper access and circulation in accordance with the design standards established in the Jo Daviess County land subdivision ordinance. (Ord. 2009-3, 5-12-2009)

The following standards shall apply to solid waste collection/processing facilities:

   A.   Traffic Circulation: The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on site to accommodate peak traffic volume and company vehicles. A traffic analysis may be required.

   B.   Storage Bins: Storage bins or trailers will be allowed to be stored on site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened as part of the operation.

   C.   Loading/Unloading: No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or screened area or within the public right of way, except the use of storage bins placed on the outside of an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition.

   D.   Separation For Residential: No structure shall be located within three hundred feet (300') of a residential zone or a residential dwelling.

   E.   Hours Of Operation: Uses shall not operate before sunrise or after sunset if located within one thousand feet (1,000') of a residential zone or a residential dwelling. Hours shall be established as part of the special use.

   F.   Paving: All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

   G.   Stormwater Management: A stormwater management plan may be required at the discretion of the zoning administrator.

   H.   Other Regulations: All operations shall be licensed if required, have proper permits from the Illinois environmental protection agency and shall meet all county, state and federal health department requirements pertaining to facilities, equipment and other features. (Ord. 2009-3, 5-12-2009)

The Zoning Administrator is authorized to issue a permit for a temporary use provided it meets the requirements of this section. The permit shall be issued for a specified period of time and may contain health, safety and traffic restrictions, and may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances.

   A.   Type 1 Temporary Uses:

      1.   The following temporary uses shall be allowed:

Seasonal sale of agricultural produce including, but not limited to, farmers' markets.

   B.   Type 2 Temporary Uses:

      1.   Uses Allowed By Permit Only: The following uses shall be allowed by temporary use permit only:

      Commercial sales events/activities, not conducted in an enclosed building or on the premises of a regular place of business. The total duration of event/activity shall not exceed fourteen (14) weeks.

      WECS test towers subject to the following:

         a.   All test towers shall be eighty meters (80 m) or less in height.

         b.   All test towers shall be set back from public roads, third party transmission lines, communication towers and primary structures a distance of 1.1 times the test tower height.

         c.   All test towers shall be set back a distance of one and one-tenth (1.1) times the tower height from adjacent property lines.

         d.   At the expiration of the temporary use permit, the test tower must be taken down and the area reclaimed if necessary.

         e.   Temporary permit for a test tower may only be issued for no longer than a three (3) year time period.

         f.   The provisions of items b and c of this use shall not apply to test towers if the applicant submits with the application for this temporary use, a statement wherein the applicant indicates what the actual setbacks will be from structures and property lines and such statement shall be duly acknowledged before a notary public by the applicant, owner and lessee (if applicable) of the primary structure referred to in item b of this use and the owner of the adjacent property referred to in item c of this use indicating that said owner(s) of the structure or property has no objections to the applicant having test towers located in the location set forth in the statement.

         g.   WECS test towers that do not meet the above requirements may apply for a special use permit in accordance with chapter 2, article D of this title.

      2.   Application And Review Procedures:

         a.   Approval Of Type 2 And Type 3 Temporary Uses By The Zoning Administrator: The Zoning Administrator may approve Type 2 and Type 3 temporary use permits after determining that the use will comply with all of the standards of this subsection.

            (1)   Contents Of All Applications: An application for a temporary use permit shall be made to the Zoning Administrator on a form available from the Zoning Administrator and shall be accompanied by:

               (A)   Site Plan: A site plan or map showing the location of the structures, improvements, parking areas and other features that exist or are proposed on the site.

               (B)   Owner Authorization: When the applicant for a special event is not the owner of the property on which the event will occur, the applicant must submit proof of the owner's authorization which shall be in writing, dated, signed by the owner and contain sufficient information so as to identify the property and the proposed special event.

               (C)   Fee: A fee as established by the County Board.

            (2)   Review And Approval Process: A complete application shall be submitted to the Zoning Administrator at least thirty (30) days prior to the requested start, with the exception of amusement events/festivals requiring at least sixty (60) days prior to the requested start date. The Zoning Administrator shall submit copies of the application to the Jo Daviess County Environmental Health Department, Sheriff Department, County Highway Department and emergency responders for review. The Zoning Administrator shall make a determination whether to approve, approve with conditions, or deny the permit within twenty (20) working days after the date of application. Any applicant denied a permit by the Zoning Administrator shall be notified in writing, of the reasons for the denial and of the opportunity to appeal the denial to the Zoning Board of Appeals at their next regularly scheduled meeting.

      3.   Requirements: The following provisions shall apply to all Type 2 and Type 3 temporary uses:

         a.   Land Use Compatibility: The special event must be compatible with the purpose and intent of this section and the zoning district in which it will be located. The special event shall not impair the normal, safe and effective operation of a permanent use on the same site. The special event shall not endanger or be materially detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the special event, given the nature of the activity, its location on the site and its relationship to parking and access points.

         b.   Traffic Circulation: The special event, as determined by the County Engineer, shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls. The special event application shall be reviewed and agreed to by all affected road authorities, and by the Sheriff's Department for public safety.

         c.   Off Street Parking: Off street parking shall be provided in a manner as determined by the Zoning Administrator to meet the needs of the requested special event.

         d.   Setback From Road Right-Of-Way: Temporary structures and equipment used in conjunction with a special event need not comply with the setback requirements of the applicable district in which the special event is located unless otherwise required by the Zoning Administrator for public safety reasons. However, structures or equipment shall not block the view of operators of motor vehicles on the public streets and shall conform to the requirements of the sight triangle as specified in section 8-4A-6, "Sight Triangle", of this title.

         e.   Public Convenience And Litter Control: Adequate portable sanitation stations, potable water and on site solid waste containers shall be provided.

         f.   Staffing: Event staff shall be provided by the applicant to provide for traffic coordination to protect the public health and safety.

         g.   Food Regulations: If food will be served to the public or available for public purchase, food vendors must comply with Jo Daviess County Health Department food service regulations.

         h.   Serving Alcohol: If alcohol will be served to the public or available for public purchase and consumption, all applicable licenses and permits shall be procured through the local/State and Federal agencies.

         i.   Hours Of Operation: All amusement events/activities shall begin activities after nine o'clock (9:00) A.M. and shall cease activities by twelve o'clock (12:00) midnight.

         j.   Right To Close: It shall be the responsibility of the applicant to see that the area used for the event is maintained in a condition that provides for the public health, safety, and welfare for event attendees and neighbors alike. In the event that authorized personnel from the Jo Daviess County Sheriff's Office determine that the activity is a threat to the public health, safety, and welfare, the Jo Daviess County Sheriff's Office shall have the right to close the event to ensure the health, safety, or general welfare of attendees or neighbors.

         k.   Other Conditions: The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses. The Zoning Administrator may refuse to issue a permit if the event is too large to be safe for the site, neighborhood, roadway or other infrastructure. In the event that authorized personnel from the Jo Daviess County Sheriff's Office determine that the activity is a threat to the public health, safety and welfare, the Sheriff's Office shall have the right to close the event to ensure the health, safety or general welfare of attendees or neighbors.

         l.   Site Cleared: The site shall be cleared of all event debris within twenty four (24) hours of the end of the activity and cleared of all temporary structures within seven (7) days after closing the activity.

   C.   Type 3 Temporary Uses:

      1.   The following uses shall be allowed by temporary use permit only:

         Agricultural themed public events:

         a.   Application and review process stated in subsections B2 and B3 of this section is applicable to all Type 3 temporary uses.

         Amusement events/festivals: A temporary use permit is required for amusement events/festivals when one (1) or more of the following are triggered:

         a.   The event will have alcohol either served or brought on premises and have an anticipated attendance of five hundred (500) people or more.

         b.   The event is scheduled for more than one (1) calendar day.

         c.   The event will have an anticipated attendance of five hundred (500) people or more.

      The purpose and intent of this subsection is to allow short term use of land, that are not otherwise permitted in the use table of this chapter, for special amusement events/festivals, when not conducted on premises and associated with a permitted business, while protecting nearby property owners, residents and businesses from activities that may be disruptive, obnoxious or otherwise incompatible. No more than two (2) events in any calendar year with regard to any particular property and shall not last longer than four (4) consecutive days with the exception of a haunted house/barn/forest or similar seasonal activity, which shall not last longer than a specific period of time not exceeding sixty (60) days.

         Events/festivals may be held either in an enclosed existing structure, not to exceed occupancy load as established in the adopted International Residential/Building Code, or in an open area with or without temporary tent structures.

         Garage sales, auctions and private, non-commercial events on the sponsor's property such as private weddings, family reunions and graduation celebrations not intended to be open to the public are not considered activities intended for public amusement. Events/festivals do not include gatherings at any regularly established permanent place of worship, fairgrounds or any permanent established place of business when held in conjunction with and at the site of business.

   D.   Type 4 Temporary Uses:

      1.   In the event of a fire or natural disaster which results in the partial or total demolition of a residence, making it unfit for human habitation, the Zoning Administrator may, upon application from the owner of such residence, issue a temporary emergency shelter permit for the use of a mobile home or recreational vehicle for use during rehabilitation of the original residence or construction of a new residence. The temporary emergency shelter permit shall be limited to a period of twelve (12) months. Upon expiration of the twelve (12) month period, an application may be presented to the Zoning Board of Appeals requesting an extension of up to six (6) months. Extension application must show necessary cause of the requested extension. The Zoning Board of Appeals may grant the extension for no longer than six (6) months.

      All applications for a permit shall be accompanied by an affidavit, stating as follows:

         a.   Name(s) and address(es) of occupants.

         b.   Site plan showing location of proposed use.

         c.   Description (make, model and year) of mobile home or recreational vehicle.

         d.   Reason for application.

         e.   Statement that a change in the usage, name or number of occupants, or location will be reported to the Zoning Administrator immediately.

         f.   Sign off from the Environmental Health Department concerning septic and well.

      Type 4 temporary use structure may be placed no closer than five feet (5') to a side and rear property line and maintain a setback of fifty three feet (53') from the centerline of the roadway or twenty feet (20') from the right-of-way line, whichever is greater.

      Failure to comply with any of the above or any additional conditions placed on a permit by the Zoning Administrator shall be sufficient for the permit to be revoked.

      The mobile home or recreational vehicle shall be removed by the permit holder on or before the date of the expiration of the permit. Failure to do so may result in a fine as established in sections 8-2G-1 and 8-2G-2 of this title. (Ord. 2016-8, 10-11-2016)

Transitional living centers shall be subject to the following standards:

   A.   Size: No more than ten (10) persons, including staff, shall reside in the center at one time.

   B.   Separation: No transitional living center shall be located within one thousand five hundred feet (1,500') of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred feet (300') of any religious assembly, school, or residential dwelling. (Ord. 2009-3, 5-12-2009)

Major utilities shall conform to the following requirements:

   A.   The facility shall not be located within two hundred feet (200') of a boundary line of an R-1 or R-2 District or residential dwelling.

   B.   No building or tower that is part of a wind power generation facility shall encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.

   C.   Lighting shall be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA all lighting shall be red, and all lighting shall be shielded so that no glare extends substantially beyond the boundaries of a facility.

   D.   No facility shall encroach onto an existing septic field.

   E.   The height of the facility shall not exceed four hundred fifty feet (450'), except if the facility is located within one and one-half (11/2) miles of the corporate limits of a municipality with a population of twenty five thousand (25,000) or more, the height of the facility shall not exceed two hundred feet (200').

   F.   Documentation, approved by the Zoning Administrator, shall be provided which verifies that the site and design are acceptable to the FAA. (Ord. 2009-3, 5-12-2009)

   A.   Applicability: This section governs the siting of wind energy conversion facilities (WECS) and substations that generate electricity to be sold to wholesale or retail markets.

   B.   Owners of WECS with an aggregate generating capacity of five hundred (500) kilowatts in total nameplate generating capacity or less who locate the WECS(s) on their own property are not subject to these standards.

   C.   Prohibition: No WECS Project, WECS, or substation governed by this section shall be constructed, erected, installed, or located within Jo Daviess County, unless prior siting approval has been obtained for each individual WECS Project, WECS, and substation facility or for a group of WECS Projects and substations under a joint siting application pursuant to this title.

   D.   Procedure:

      1.   Submittal Requirements:

         a.   To obtain a special use permit, the applicant must first submit an application to the county.

         b.    In addition to the application requirements stated in chapter 2, article D of this title the application shall contain or be accompanied by the following information:

         (1)   A WECS Project Summary, including, to the extent available: (a) a general description of the project, including its approximate nameplate generating capacity; the potential equipment manufacturer(s), type(s) of WECS(s), number of WECSs, and nameplate generating capacity of each WECS; the maximum height of the WECS tower(s) and maximum diameter of the WECS(s) rotor(s); the general location of the project; the number of substations, a project site plan, project phasing plan and project construction timeline plan, and the general location of the project and b) a description of the applicant, owner and operator, including their respective business structures;

         (2)   The name(s), address(es), and phone number(s) of the Applicant(s), Owner and Operator, and all property owner(s), if known; and documentation demonstrating land ownership or legal control of the property;

         (3)   A site plan for the installation of WECS showing the planned location of each WECS Tower, including legal descriptions for each site, guy lines and anchor bases (if any), Participating and Non-participating Residences, Occupied Community Buildings property lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, Substation(s), operations and maintenance buildings, and permanent Meteorological Towers, electrical cabling from the WECS Tower to the Substation(s), ancillary equipment, third party transmission lines, the location of any wetlands, flood plain, drainage structures including surface ditches and subsurface drainage lines, underground mines, scenic and natural areas within one thousand five hundred (1,500) feet of the proposed WECS, the location of all known communications towers within two (2) miles of the proposed WECS, and the layout of all structures within the geographical boundaries of any applicable setback;

         (4)   All determinations of No Hazard to Air Navigation from the Federal Aviation Administration;

         (5)   A proposed Decommissioning Plan for the WECS Project including cost estimations;

         (6)   All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this Ordinance;

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

         (8)   The topographic map shall include the WECS Project site and the surrounding area;

         (9)   Any other information normally required by the County as part of its permitting requirements for siting buildings or other structures;

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

         (11)    Waivers from the shadow flicker mitigation requirements executed by the occupied community building owners and/or the non-participating property owners bearing a file stamp from the County Recorder of Deeds Office confirming that the waiver was recorded against title to the affected real property.

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

         (13)   Results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with the United States Fish and Wildlife Service's Land-Based Wind Energy Guidelines.

         (14)   Information demonstrating that the WECS Project will avoid protected lands.

         (15)   Any other information requested by the County or the County consultants that is necessary to evaluate the siting application and operation of the WECS Project and to demonstrate that the WECS Project meets each of the regulations in this Ordinance, including the Special Use Permit standards set forth below.

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

         d.   The Applicant shall submit sixteen (16) copies of the Special Use Permit application to the County, and at least one (1) copy in electronic format.

   E.   Design And Installation:

      1.   Design Safety Certification: Following the granting of siting approval under this title, a structural engineer shall certify, as part of the building permit application that the foundation and tower design of the WECS is within accepted professional standards, given local soil, subsurface and climate conditions.

      2.   Aesthetics and Lighting: The following items are recommended standards to mitigate visual impact:

         a.   Towers and blades shall be painted white or gray or another nonreflective, unobtrusive color.

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

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

         d.   Intra-project Power and Communication Lines: All power lines used to collect power from individual turbines and all communication lines shall be buried underground at a depth in accordance with the Agricultural Impact Mitigation Agreement until same reach the property line or a substation adjacent to the property line.

      5.   Warnings:

         a.   A reasonably visible warning sign concerning voltage must be placed at the base of all pad mounted transformers and substations, and at all entrances to the Wind Towers.

         b.   Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guywires and along the guywires up to a height of fifteen feet (15') from the ground.

      6.   Climb Prevention:

         a.   All WECS towers must be unclimbable by design or protected by anticlimbing devices such as:

         (1)   Fences with locking portals at least six feet (6') high; or

         (2)   Anticlimbing devices twelve feet (12') vertically from the base of the WECS tower.

   F.   Setbacks: All setbacks for commercial wind energy facility towers shall be measured from the center of the base of the wind tower:

      1.   Occupied Community Buildings: 2.1 times the maximum blade tip height of the WECS Tower to the nearest point on the outside wall of the structure.

      2.   Participating Residences: 1.1 times the maximum blade tip height of the WECS Tower to the nearest point on the outside wall of the structure;

      3.   Nonparticipating Residences: 2.1 times the maximum blade tip height of the WECS Tower to the nearest point on the outside wall of the structure;

      4.   Boundary Lines of Participating Property: None.

      5.   Boundary Lines of Nonparticipating Property: 1.1 times the maximum blade tip height of the WECS Tower to the nearest point on the property line of the nonparticipating property.

      6.   Public Road Rights-of-Way: 1.1 times the maximum blade tip height of the WECS Tower to the center point of the public road right-of-way.

      7.   Overhead Communication and Electric Transmission and Distribution Facilities (Not Including Overhead Utility Service Lines to Individual Houses or Outbuildings): 1.1 times the maximum blade tip height of the WECS Tower to the nearest edge of the property line, easement, or right of way containing the overhead line.

      8.   Overhead Utility Service Lines to Individual Houses or Outbuildings: None.

      9.   Fish and Wildlife Areas and Illinois Nature Preserve Commission Protected Lands: 2.1 times the maximum blade tip height of the WECS Tower to the nearest point on the property line of the fish and wildlife area or protected land.

   The setback requirements may be waived by the written consent of the owner(s) of each affected property. The Applicant does not need obtain a variance from the County upon waiver by the property owner of the setback requirement. Any waiver of any of the above setback requirements shall run with the land and be recorded with the Recorder of Deeds of the County.

   G.   Compliance with Additional Regulations:

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

   H.   Use Of Public Roads:

      1.   An applicant, owner, or operator proposing to use any (county, municipality, township or village) road(s) for the purpose of transporting commercial wind energy facility or supporting facilities WECS or substation parts and/or equipment for construction, operation, or maintenance of the commercial wind energy facility or supporting facilities WECS(s) or substation(s), shall:

         a.   Identify all such public roads; and

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

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

         a.   Conduct a preconstruction baseline survey to determine existing road conditions for assessing potential future damage; and

         b.   Enter into a road use agreement with the County and each affected Road District that includes the following provisions, at a minimum:

         (1)   Project layout map;

         (2)   Transportation impact analysis;

         (3)   Pre-construction plans'

         (4)   Project traffic map;

         (5)   Project scope of repairs;

         (6)   Post-construction repairs;

         (7)   Insurance;

         (8)   Financial Security in forms and amounts acceptable to the County;

      The road use agreement shall require Applicant to be responsible for the reasonable cost of improving roads used to construct WECS and the reasonable cost of repairing roads used by the facility owner during construction of the WECS so that those roads are in a condition that is safe for the driving public after the completion of the WECS construction. Roadways improved in preparation for and during the construction of the WECS shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.

   I.   Operation:

      1.   Maintenance:

         a.   Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require recertification under subsection D1a of this section. Prior to making any physical modification (other than a like-kind replacement), the owner or operator shall confer with a relevant third-party certifying entity identified in section E1a Design Safety Certification to determine whether the physical modification requires recertification.

   J.   Noise Levels: Noise levels from each WECS or WECS project shall be in compliance with applicable Illinois pollution control board (IPCB) regulations. The applicant, through the use of a qualified professional, as part of the application process, shall appropriately demonstrate compliance with the above noise requirements.

   K.   Avian and Wildlife Impact Study: The applicant, at its expense, shall have a third party, qualified professional, conduct an avian and wildlife impact study and submit said study to the County as part of the Special Use Permit Application. Each WECS or WECS Project shall be located, designed, constructed, and operated so as to avoid and if necessary mitigate the impacts to wildlife.

   L.   Liability Insurance: Commencing with the issuance of a WECS Building Permit, the applicant, owner or operator of the WECS(s) shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death and illness, and property damage with limits of at least five million dollars ($5,000,000.00) per occurrence and in the aggregate.

   M.   Compliance with Additional Regulations: Nothing in this Ordinance is intended to preempt other applicable state and federal laws and regulations.

   N.   Hearing Factors:

      1.   The County Board may approve a Commercial Wind Energy Facility Special Use Permit application if it finds the evidence complies with state, federal and local law and regulations, and with the standards of this zoning code including the factors listed below. The factors below are applied as a balancing test, not individual requirements to be met.

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

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

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

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

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

         f.   The proposed WECS Project is not contrary to the objectives of the current comprehensive plan of the County (if any); and

         g.   The WECS Project shall, in all other respects, conform to the applicable regulations of this Ordinance and the zoning district in which it is located (if a zoning ordinance is in effect), except as such regulations may, in each instance, be modified pursuant to the recommendations of and approved by the County Board. (Ord. 2009-3, 5-12-2009; amd. Ord. O2023-6, 5-9-2023)

All vehicle and equipment storage areas and parking areas must be hard surfaced and dust free. Vehicle repair in the C commercial district shall be limited to vehicles that do not exceed eighteen thousand (18,000) pounds, with a single rear axle. (Ord. 2009-3, 5-12-2009)

These provisions shall not abridge any rights created by authority confirmed in the federal telecommunications act of 1996, PL 104-104.

   A.   In designing a facility, a telecommunication carrier shall consider the following guidelines:

      1.   No building or tower that is part of a facility should encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.

      2.   Lighting shall be installed for security and safety purposes only. Except with respect to lighting required by the federal aviation administration or the federal communications commission, all lighting should be shielded so that no glare extends substantially beyond the boundaries of the facility.

      3.   No facility shall encroach on an existing septic field.

      4.   Any facility located in a special flood hazard area or wetland should meet the legal requirements for those lands.

      5.   Existing trees more than three inches (3") in diameter should be preserved if reasonably feasible during construction. If any tree more than three inches (3") in diameter is removed during construction, a tree three inches (3") in diameter or more shall be planted as a replacement if reasonably feasible.

      6.   If any elevation of a facility faces an existing residential use in a residential zoning district, landscaping should be provided on or near the facility lot to provide at least partial screening of the facility. The quantity and type of landscaping should be in accordance with any other county landscaping requirements.

      7.   Fencing should be installed around the facility. The height and materials should comply with any other county fence regulations.

      8.   Any building that is part of the facility located adjacent to a residentially zoned lot should be designed with exterior colors and materials reasonably compatible with the residential character of that area.

   B.   In choosing a location for a facility, a telecommunications carrier shall consider the following:

      1.   A nonresidentially zoned lot is the most desirable location.

      2.   A residentially zoned lot that is not used for residential purposes is the second most desirable location.

      3.   A residentially zoned lot that is two (2) acres or more in area and is used for residential purposes is the third most desirable location.

      4.   A residentially zoned lot less than two (2) acres in area and is used for residential purposes is the least desirable location.

   C.   The following provisions shall apply to all facilities established after the effective date of the amendatory act of 1997:

      1.   Except as governed in this subsection, no yard or setback regulations shall apply to or be required for a facility.

      2.   A facility may be located on the same lot as one or more structures or uses.

      3.   No minimum lot area, width or depth shall be required for a facility. No parking spaces shall be required unless the facility is used on a regular, daily basis. If it is used on a regular, daily basis, one off street parking space shall be provided for each employee regularly working at the facility.

      4.   No portion of the facility's supporting structure or equipment housing shall be less than fifteen feet (15') from the front line of the lot or ten feet (10') from any other lot line.

      5.   Except as provided in this subsection, no height limits, bulk regulations, lot coverage, building coverage or floor area limitations shall apply to the facility.

      6.   The county's review of the building permit application for a facility shall be completed within thirty (30) days. If a decision by the county board is required to permit the establishment of a facility, the county's review of the building permit application shall be simultaneous with the process leading to the county board's decision.

      7.   The improvements and equipment comprising the facility may be freestanding or wholly or partly attached to or enclosed within a structure or structures.

   D.   The following provisions shall apply to all facilities established after April 21, 1998:

      1.   A facility is permitted if its supporting structure is a qualifying structure or if the following conditions are met:

         a.   The height of the facility shall not exceed three hundred fifty feet (350'), except if the facility is located within one and one-half (11/2) miles of the corporate limits of a municipality with a population of twenty five thousand (25,000) or more, the height of the facility shall not exceed two hundred feet (200').

         b.   The horizontal separation distance to the nearest residence shall not be less than the height of the supporting structure; except that if the supporting structure exceeds ninety nine feet (99') in height, the horizontal separation distance to the nearest residence shall be at least one hundred feet (100') or eighty percent (80%) of the height of the supporting structure, whichever is greater. If the supporting structure is not an antenna tower, this subsection is satisfied.

      2.   Unless a facility is a qualifying structure or meets the provisions of subsections D1a and D1b of this section, a facility must receive county board approval. If the county board fails to act on a complete application within seventy five (75) days of submission, the application shall be deemed to have been approved. Approval requires a majority of the county board members present at the meeting. No more than one public hearing shall be required. The following siting considerations shall be considered by the body conducting the public hearing:

         a.   The criteria of this section;

         b.   Whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant;

         c.   The benefits derived by the users of the services to be provided or enhanced by the establishment of the facility;

         d.   The existing uses on adjacent and nearby properties; and

         e.   The extent to which the design of the proposed facility reflects compliance with this zoning ordinance. (Ord. 2009-3, 5-12-2009)

On a lot no less than forty (40) acres in area and subject to the following standards and stipulations:

   A.   Employment at the site of the special use may include any persons who are bona fide residents of the single-family dwelling located on such site and not more than one other person who is not a bona fide resident of such single-family dwelling.

   B.   Such home based off premises business shall not be established in any subdivision used for residential purposes which contains more than one lot.

   C.   Such home based off premises business shall not create additional traffic congestion on the public streets and highways, and any motor vehicles used in the operation of such home based off premises business shall not exceed the official weight limits on the public streets and highways which provide access to the site of such special use. The applicant for the special use shall provide a certified listing of the gross weights of all equipment and motor vehicles used in the operation of such home based off premises business at the time of the filing of the special use application with the county.

   D.   Any and all equipment, materials and supplies used in the operation of such home based off premises business, if stored on the site of the special use, shall be stored within not more than one completely enclosed accessory storage building with a floor area not in excess of five thousand (5,000) square feet and/or within an outdoor area not in excess of one acre. An office for such home based off premises business may also be located within such completely enclosed accessory storage building.

   E.   No more than twenty five percent (25%) of the ground floor area and not more than fifty percent (50%) of the basement of the single-family dwelling on the site of such special use shall be used for the operation of such special use.

   F.   Retail sales and/or wholesale sales shall be prohibited on the site of such special use.

   G.   No more than one home based off premises business shall be permitted to operate from any one tract of land.

   H.   Such home based off premises business shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat on the site of such special use.

   I.   Such home based off premises business shall not exhibit any outward evidence of such use other than one nameplate not to exceed two (2) square feet in area and attached to the single- family dwelling located on the site of such special use. (Ord. 2009-3, 5-12-2009)

The following standards shall apply to all freight terminals and trucking facilities:

   A.   Motor vehicles and equipment used in the operation of such a facility shall not exceed the official weight limits on the public streets and highways, which provide access to the site of the facility. The permit applicant shall provide a certified listing of the gross weights of all equipment and motor vehicles used in the operation of the facility.

   B.   Such facility shall be located at least three hundred feet (300') from any residential zone or residential dwelling.

   C.   Driveways, parking lots and vehicle and equipment storage areas shall be graded and paved with asphalt, concrete, or other hard surface materials as approved by the county engineer.

   D.   Lighting shall be installed for safety and security purposes only according to chapter 4, article E, "Lighting Regulations", of this title. All lighting shall be shielded so that no glare extends substantially beyond the boundaries of a facility. (Ord. 2009-3, 5-12-2009)

The following standards shall apply to all warehouse self-storage facilities:

   A.   All self-storage facilities shall be limited to the rental of storage bays and the pick up and deposit of goods or property in dead storage.