This chapter shall be known as the county zoning ordinance.

(Zoning Ordinance 1996, § 1.00)

This chapter is adopted pursuant to 55 ILCS 5/5-12001 for the purpose of:

(1)

Promoting and protecting the public health, safety, comfort, morals and general welfare;

(2)

Dividing the unincorporated areas and the unzoned Villages of the County into districts of such number, shape, area and such different classes according to the use of land, buildings and structures, intensity of the use of lot area, areas of open space, and other classifications as may be deemed best suited to carry out the purposes of this chapter;

(3)

Securing adequate light, pure air and safety from fire and other dangers;

(4)

Lessening or avoiding congestion in the public streets and highways;

(5)

Conserving the value of land, buildings and structures throughout the county;

(6)

Enhancing the preservation of natural resources, the environment, historic structures and aesthetic amenities;

(7)

Assuring the orderly growth in the county, of agricultural, residential, commercial, industrial and complementary developments by providing that:

a.

Lands best suited for pursuit of agriculture be protected from haphazard and unplanned intrusions of urban uses. The LESA system will be one of the tools used to protect agriculture lands.

b.

Existing residential areas and areas designated for expansion of residential development be suitably located in relationship to business, commercial and industrial areas and be protected against intrusion which will interfere with decent living conditions.

c.

Existing commercial areas be protected against the encroachment of incompatible uses.

d.

Existing industrial areas be given adequate protection; additional lands be designated and regulated for future industrial development so that present industry may expand; and that a wide range of sites for new industry be provided, having access to transportation facilities and other features, enabling industry in the county to compete successfully with industry elsewhere in the nation.

e.

Existing farming operations located in agricultural areas be protected from public and private nuisance actions precipitated by changed land uses in the areas surrounding the existing farms, as provided by the Illinois Farm Nuisance Act, 740 ILCS 70/0.01 et seq.

f.

Where land and buildings adjoin incorporated communities or within 1½ miles of a municipality with a comprehensive plan, and where it is evident that such lands could ultimately be annexed to the community, the uses of such land and buildings be related to the existing and planned land use pattern of the adjacent communities.

g.

The uses of land and buildings within the entire county be so related as to provide effectiveness and economy in government.

h.

Adequate space be available for the disposition of sewage treatment plant products consistent with the health and welfare of the public.

(Zoning Ordinance 1996, § 2.00)

(a)

Rules. In the construction of this chapter, the rules and definitions contained in this section shall be observed and applied.

(1)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

(2)

The term "shall" is mandatory and not discretionary;

(3)

The term "may" is permissive;

(4)

The term "lot" shall include the terms "piece," "plot," "parcel," and "tract;" and the phrase "use for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for;"

(5)

All measured distances shall be to the nearest integral foot; if a fraction is one-half foot or less, the integral foot next below shall be taken;

(6)

Any words not defined as follows shall be construed in their general accepted meanings as defined in the most recent publication of Webster's Dictionary or "The New Illustrated Book of Development Definitions" published by Harvey S. Moskowitz and Carl G. Lindbloom; and

(7)

The words and terms, set forth herein under subsection (b) "Definitions" wherever they occur in this chapter, shall be interpreted as herein defined.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abutting means to have a common property line or district line.

Accessory building or structure means a subordinate building or structure located on the same lot with the main building, or adjoining lots under single ownership, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

Accessory use means a use that:

(1)

Serves a principle structure and/or use;

(2)

Is customarily found as incidental to such principle structure or use;

(3)

Contributes to the comfort, convenience or necessity of those occupying, working at or being served by such principle structure or use;

(4)

Is, except as otherwise expressly authorized by the provisions of this chapter, located on the same zoning lot or adjoining lot under single ownership as such principle structure or use; and

(5)

Is under the same ownership and control as the principle structure or use.

Acre, gross, means, for purposes of determining number of dwelling units, all of the area of the tract exclusive of existing or proposed bordering streets.

Adaptive reuse means the reuse or repurposing of a lawfully established building which exists because of a previous permitted use, special use permit, or long-term legal nonconforming use.

Addition means a structure added to the original structure at some time after the completion of the original building or structure or an extension or increase in floor area or height of an existing building or structure.

Adult bookstore means an establishment which has as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and which under the laws of the state excludes minors by virtue of age unless accompanied by a consenting parent, guardian or spouse.

Adult entertainment establishments means any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with, or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment, or views a series of dance routines, strip performances or other gyrational choreography provided by the establishment which appeals to the prurient interest of the patron, to include, but not limited to, bath houses, massage parlors, and related or similar activities.

Adult motion-picture theater means any premises from which, under the laws of the state, minors are excluded by virtue of age unless accompanied by a consenting parent, guardian or spouse, and in which motion pictures, slides, or similar photographic reproductions are shown as the principle use of the premises or are shown as an adjunct to some other business activity which is conducted on the premises and constitutes a major attraction; and wherein such movies are shown on a regular basis; and not to include school or public auditoriums used for noncommercial purposes on an infrequent basis.

Affordable housing means any housing capable of being acquired with 30 percent of gross income.

Agribusiness means a commercial enterprise which engages in the purchase, sale, barter, or exchange of goods, wares, or services traditionally related to agricultural production, or limited processing of agricultural produce.

Agriculture means land, buildings, or structures, the principle use or uses of which is growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture, or animal or poultry husbandry, and accessory uses customarily incidental to agricultural activities including but not limited to the farm dwelling, dwellings for tenants and full-time hired farm workers and the dwellings or lodging rooms for seasonal workers. It is intended by this definition to include within the definition of agriculture, all types of agricultural operations, but to exclude therefrom industrial operations such as grain elevators, canning facilities, or slaughterhouses, wherein agricultural products produced primarily by others are stored or processed.

Agronomic rate means the application of not more than 20 tons per acre per year of landscape waste or compost, except that the state Environmental Protection Agency may allow a higher rate for individual sites where the owner or operator has demonstrated to the agency that the site's soil characteristics or crop needs require a higher rate.

Airport means any area of land which is used, or intended for the landing and takeoff of aircraft, and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or rights-of-way, together with all airport buildings and structures thereon. Does not include a private landing strip.

Alley means a permanent service right-of-way which affords only a secondary means of access to property abutting on such right-of-way and is not intended for general traffic circulation.

Alteration means a change in size, shape, character, occupancy, or use of a building or structure, and/or any movement of a structure from one location or position to another.

Ambulatory care center means an establishment where patients are admitted for surgical treatment on an outpatient basis with related diagnostic and laboratory facilities.

Amusement facility means an outdoor area or structure, open to the public, which contains coin operated games, and similar entertainment and amusement devices.

ANSI means American National Standards Institute, or its successor bodies.

Animals, domestic, means any animals domesticated by people to live in a tame condition, such as dogs, cats, birds (excluding poultry), and the like.

Animals, exotic, means animals other than domestic animals that normally live in a state of nature (the wild), are not ordinarily tame or domesticated, and are maintained and housed in accordance with all local, state and federal laws and regulations.

Animals, farm/livestock/poultry, means Animals raised for food or product. For the purpose of this chapter, horses and ponies are considered farm animals.

Animal hospital means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to shortterm care incidental to the hospital use.

Antenna or tower means any structure erected for the purpose of transmitting or receiving radio and television signals or to support equipment designed for such purposes.

Apartment building means a multiple-family dwelling originally designed and constructed to accommodate three or more apartments. The term "apartment building" does not include single-family or two-family dwellings converted for multiple-family use.

Area, lot, means the total area within the lot lines.

Attached structures means structures that share common, or party, walls with at least one other structure.

Automatic car wash means a structure containing facilities for washing vehicles using a chain conveyor or other method of moving the cars along, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat and/or air for drying.

Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame, or fender straightening or repair; overall painting or paint shop, or vehicle steam-cleaning.

Automobile repair, minor, means replacement of parts and motor services to passenger cars and trucks not exceeding one and one-half tons capacity, excluding body repairs.

Automobile service station means any building or premises used for the dispensing, sale, or offering for sale at retail to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair. The term "automobile service station" does not include bulk plant, conducting major auto repairs, automobile wrecking, automobile sales or automatic car washes.

Automobile wash means any building or premises or portions thereof used for washing automobiles.

Automobile wrecking yard means an area of land where one or more motor vehicles, or vehicles, machinery, or equipment drawn or operated by attaching to motor vehicles or mechanical unit, not in or being restored to running or operable condition, or parts thereof are stored in the open; and any land, buildings, or structure used for wrecking or storing prior to wrecking of such motor vehicles, vehicles, machinery, or equipment of parts thereof.

A-weighted sound level means, in decibels, a frequency-weighted sound pressure level, determined by the use of the metering characteristics and A-weighted network specified in ANSI S1.4-1983 (R2001) "Specifications for Sound Level Meters" and the latest revision thereof.

Awning means a structure made of cloth, metal, or other material, whether or not retractable that projects from the wall of a building, not supported by the ground.

Basement means that portion of a building which is partly or completely below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes and has more than one-half of its height above grade.

Bed and breakfast inn means a house, or portion thereof, where shortterm lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.

Berm means a mound of earth with a maximum slope of 3:1, a minimum slope of 4:1. Berms shall be planted with grass and/or other landscaping material.

Berth, loading, means a stall of dimensions herein specified, adjacent to a loading dock for the maneuvering and parking of a vehicle for loading and unloading purposes.

Block means Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, unsubdivided area, or other definite boundary.

Boardinghouse (roominghouse or lodginghouse) means a residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms for accommodation of three or more persons who are not members of the keeper's family and where lodging or meals or both are provided by prearrangement and for definite periods, at a definite prearranged price.

Boat livery means and is similar to, but allows more intensive uses than, a marina and is a commercial establishment with a waterfront location for the provision of: rental of covered or uncovered boat slips or dock space or dry storage space, rental and/or sale of boats and boat motors, repair and maintenance of boats and boat motors, marine fuel and lubricants, bait and fishing equipment, on-shore restaurants, and small boat hauling or launching facilities. Boat liveries shall provide sewage pump-out facilities and employ adequate spill containment equipment if petroleum or other such products are sold on the premises. Such premises or site shall not include boat and/or motor manufacturing as an incidental use. A boat sales lot is not a boat livery.

Boat yards and ways means a premises or site used as a commercial establishment for the provision of all such facilities as are customary and necessary to the construction or reconstruction, repair or maintenance, sale of boats, marine engines or marine equipment and supplies of all kinds including, but not limited to, rental of covered or uncovered boat slips or dock space or dry storage space or marine railways or lifting or launching services. Boat yards and ways shall provide sewage pump-out facilities and employ adequate spill containment equipment if petroleum or other such products are sold on the premises.

Buffering area means an area reserved for the purpose of creating open space at the perimeter of a parcel to be developed. In the reserved areas no improvements are permitted except for the purpose of direct vehicular access to the site and landscaping and/or screening. Vehicular access ways shall not be computed as part of the required buffering area.

Buildable area means the area of a lot remaining after the minimum setback and open space requirements of the zoning ordinance have been met.

Buildable width means the width of that part of a lot between side yard lines, measured at the buildable area.

Building area means the area bounded by the exterior dimensions of the outer walls at the ground line.

Building height means the vertical distance from the average grade to the highest point of the under side of the ceiling beams in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the under side of the rafters between the top of ceiling joists and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator or other accessory equipment, penthouses, tanks, and similar projections when attached to a building, other than signs, shall not be included in calculating the height. Freestanding chimneys, towers, poles, and tanks, when function is related to height, shall also not be included in calculating building height.

Building, principle, means a nonaccessory building in which a principle use on the zoning lot on which it is located is conducted.

Bulk regulations means regulations pertaining to the relation of the size of buildings or structures to the location of same with respect to one another, and including the following:

(1)

Size and height of buildings;

(2)

Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

(3)

Gross floor area of buildings in relation to lot area (floor area ratio);

(4)

All open spaces and setbacks applied to buildings;

(5)

Amount of lot area and lot width provided per dwelling unit; and

(6)

Lot coverage.

Business means an occupation, employment, or enterprise which occupies time, attention, labor and materials; or where merchandise is exchanged or sold, or where services are offered.

Cabin, cottage, summer cottage, andrecreation cabin mean a dwelling unit designed for temporary seasonal occupancy that is not used for more than six months in any given year.

Camp, campground, and day camp mean tracts of land of a design or character suitable for and used for seasonal, recreational and other similar living purposes. The tracts may have located on them a structure of a seasonable, temporary or moveable nature, such as a lodge, dormitory, cabin, hunting shelter or tent, whether or not operated for profit and whether occupied by adults or children, either as individuals, families or groups; not including a hospital, sanitarium, nursing or convalescent home, asylum, school, penal or correctional institution or manufactured home park.

Cannabis dispensing facility means a facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to the general public.

Canopy means a structure made of cloth, metal or other material which may project from the wall of a building and is supported above the ground by poles, posts, columns, beams, girders or other frame work attached to the ground.

Capacity in person means the maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.

Cellar means a space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6½ feet. Cellars should be used only for mechanical equipment accessory to the principle structure or for nonhabitable space such as a recreation or storage area.

Cemetery means an area of land set apart for the sole purpose of the burial of bodies of dead persons or animals and for the erection of customary markers, monuments, and mausoleums.

Change of use means any use that substantially differs from the previous use of a building, structure or land.

Child care center means an establishment where children, other than members of the family occupying the premises, are cared for away from their own home by day or night. The term "child care center" includes day nurseries, kindergartens, day care service, day care agency, nursery school or play school. It does not include foster homes or group homes.

Clinic, inpatient, means an establishment where patients are admitted for study or treatment on an in-patient basis by two or more licensed physicians, dentists or other professionals for the treatment of human physical and/or mental ailments.

Clinic, outpatient, means an establishment, without inpatient nursing care, where one or more physicians and other professionals diagnose and treat human physical and/or mental ailments.

Closed cup flash point means the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or the like, but not operated for profit, excluding churches, synagogues, or other houses of worship.

Cluster housing means two or more dwelling structures, each containing one or two dwelling units, on a parcel of ground in a single ownership at the time of development, with frontage on a public street or approved private street.

Collection means the physical aggregation of recyclable commodities from consuming parties and all activities up to the point of acceptance of the recyclable commodities by a recycling facility.

Collection vehicle means an automobile, truck, trailer or van, licensed by the state department of motor vehicles and the county health department which is used for the collection and transport of consumer recyclable communities.

Commercial radio and TV receiving dish means a dish antenna structure of any configuration which purpose is to receive relay and/or transmit communication signals between another space and/or ground transmitter relay or receptor. A dish antenna structure from which profit is derived from the sale of services shall be deemed commercial. The inclusion of commercial radio and TV receiving dishes as a permitted use, with standards, in any zoning district is not intended to affect existing rights to install noncommercial dishes as permitted accessory uses within any zoning district.

Commercial solar energy facility means a "commercial solar energy system" as defined in section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-7S of the Illinois Power Agency Act.

Commercial vehicle means vehicles associated with the specialized commercial use and this category includes but is not limited to, loaders, fork lifts, tow trucks, wreckers, back hoes, dump trucks, flat bed trucks, stake trucks and construction equipment and the trailers that haul these vehicles.

Commercial wind energy facility means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. Commercial wind energy facility includes a wind energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before the effective date of this amendatory Act of the 102nd General Assembly.

Common open space means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Community residential home (group home) means a dwelling unit licensed to serve clients which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of any of the following: an aged person, a physically disabled or handicapped person, a developmentally disabled person, a nondangerous mentally ill person, a child.

Compost means the humus-like product of the process of composting waste, which may be used as a soil conditioner. For purposes of this zoning chapter, only landscape waste composting is not subject to the siting process under section 39.2 of the state Environmental Protection Act.

Composting means the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost. Land application is not composting. For purposes of this chapter, only landscape waste composting is not subject to the siting process under section 39.3 of the state Environmental Protection Act.

Composting area means the area of a composting facility in which waste, composting material or undistributed end-product compost is unloaded, stored, staged, stockpiled, treated or otherwise managed. For purposes of this chapter, composting area refers to landscape waste composting.

Composting material means solid wastes that are in the process of being composted.

Comprehensive plan means the adopted plan of the county and the adopted plans by any other local unit of government.

Conforming building or structure means any building or structure which:

(1)

Complies with all the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located;

(2)

Is designed or intended for a conforming use such as a store building in a business district, or a factory building in an industrial district.

Consumer recyclable commodity means paper (including but not limited to newspaper, magazines, cardboard, and office paper), glass, plastic, metal cans (including but not limited to aluminum and steel cans), aluminum containers other than cans (including but not limited to pie pans, baking pans, and aluminum foil), and textiles.

Container means something in which consumer recyclable commodities are held or carried, such as a bin, box, or barrel.

Continuous vibration means vibration which remains uninterrupted over a period of one minute or more.

Convenience structure means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. A convenience store may include the sale of gasoline and diesel fuel but such sales shall be accessory to the primary sale of convenience goods.

Court means an open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by, but is not enclosed by, the wall of such building.

Coverage of a lot by buildings means percentage of lot area that is covered or occupied by buildings, including accessory buildings, or that percentage of a lot that may be covered or occupied by buildings, including accessory buildings, under the terms of these zoning regulations.

Cultivation center means a facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Curb level means the level of the established curb in front of a building measured at the center of the front and where no curb level has been established, the pavement elevation at the street center line similarly measured. The director of building and zoning may designate the curb level as the average elevation of the finished ground grades immediately adjacent to the building walls in locations of unusual topographic conditions.

Curbline means established curb alignment or where not so established, the edge of the vehicular-way shoulder.

Daytime hours means 7:00 a.m. to 7:00 p.m., local time.

Decibel (dB) means a unit of measure, on a logarithmic scale to the base 10, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure. For the purposes of this ordinance, the reference pressure shall be 0.002 microbar.

Detached means structures that do not share a common wall, roof, floor or any other structure component with another structure.

Disability means a limitation or loss of use of a physical or sensory body part or function, such as visual impairment requiring glasses, loss of a finger or arm, paralyses of legs, etc.

District (zoning) means a section or part of the unincorporated portion of the county within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

District, overlay, means a second set of regulations applied to any part or all of a zoning district (as defined for the term "district") or any number of districts. The overlay district regulations may relax or further restrict the number or types of uses allowed as well as the way permitted activities operate within the overlay district boundaries.

District, underlying, means a term referring to a zoning district (as defined for the term "district") when it is affected by an overlay district.

Dock, loading, means a platform-like structure adjacent to a loading berth from which goods are loaded on and on which goods are unloaded from a vehicle parked in such loading berth.

Dormitory means a building that is owned and/or operated by an institution whose primary purpose is to provide living accommodations for individuals associated with the institution.

Double frontage lot means a lot which has a pair of opposite lot lines along a public right-of-way or a frontage on a waterway, i.e., river. Double frontage lots are also referred to as through lots.

Drive-in facility means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

Drive-in theater means A place of outdoor assembly used for the showing of plays, operas, motion pictures and similar forms of entertainment which is designed to permit the audience to view the performance from vehicles parked within the theater enclosure.

Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

Drop-off center means a facility used only to accept consumer recyclable commodities directly from the consuming party and accumulate or store them temporarily.

Dwelling means a building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family, and multiple-family dwellings, but not including mobile-type manufactured homes or other trailers, or lodging rooms in hotels, motels, or lodging houses. (See also "manufactured home.")

Dwelling, detached, means a dwelling which is surrounded on all sides by open space on the same lot.

Dwelling, duplex, means a building containing two dwelling units only, one above the other or side by side.

Dwelling, multiple-family, means a building or portion thereof containing three or more dwelling units.

Dwelling. single-family, means a dwelling containing one dwelling unit in a detached building unless otherwise specified.

Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed to serve the entire family, shall always be included within each "dwelling unit."

Educational institution means a public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Electric distribution center means a terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

Electric substation means a terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.

Emergency services means police, fire, rescue or ambulance (but not funeral home) services whether operated by a government agency or by a quasi-public agency performing a public service.

End-product compost means organic material that has been processed to maturity.

Establishment, business, means a place of business carrying on operations, of which are separate and distinct from that of any other place of business located on the same or other lot.

Extension means an increase in the amount of existing floor area beyond the exterior wall.

FAA means the Federal Aviation Administration of the United States Department of Transportation.

Facility owner means:

(1)

A person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility; and

(2)

At the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.

Family means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of six or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Farm means land, having 20 acres or more, being used primarily for agricultural purposes.

Farm homestead means the building located on a farm that is the residence of the farm owner or tenant operator.

FCC means the Federal Communications Commission.

Fence, open, means a fence including entrance and exit gates, where viewed from at least one horizontal angle, each one foot wide segment for the full length and height of the fence contains at least 60 percent open spaces.

Fence, solid, means a fence, including solid entrance and exit gates, which effectively conceals from view from all angles from adjoining properties and streets the premises behind such fence.

Floor area, gross(1), means, for the purpose of determining "floor area ratio," the floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls, excluding floor area devoted to parking or loading, but including:

(1)

Basement floor space if one-half or more of the basement story height is above the established curb level;

(2)

Elevator shafts and stairwells at each floor;

(3)

Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or closed, located on the roof, i.e., bulkheads, water tanks, and cooling towers

(4)

Attic floor space where the structural headroom exceeds 7½ feet;

(5)

Interior balconies and mezzanines;

(6)

Enclosed porches, but not terraces and breezeways;

(7)

Accessory buildings; and

(8)

Structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks; the floor area for such structures shall be determined on the basis of the height of such structure in feet. Ten feet in height shall be deemed to be equal to one floor and if a structure measures more than five feet over, such floor equivalent shall be construed to be an additional floor.

Floor area, gross(2), means, for the purpose of determining requirements for "off-street parking and off- street loading" not otherwise prescribed in this chapter, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, defined above, but not including floor area used for off-street parking facilities and such basement floor areas that are used exclusively for the maintenance and operations of the building. All horizontal dimensions shall be taken for the exterior faces of the walls.

Floor area ratio means The numerical value obtained by dividing the gross floor area of a building by the total area of the lot or parcel of land on which such building is located.

Free burning means and refers to the rate of combustion of a material which burns actively and easily supports combustion.

Frequency means the number of times that a displacement completely repeats itself in one second of time. Frequency shall be designated in Hertz (Hz).

Frontage means all the property on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, all of the property abutting on one side between and intersecting the street and the dead-end of the street.

Garage, private, means an accessory building, or an accessory portion of a principle building which is intended for and used to store private passenger motor vehicles and one ton capacity or lesser sized trucks. Such garage is for use by members of the family residing on the premises; but this classification shall not be altered by renting, for the purposes described, all of a one or two car garage, or not more than one half of a larger garage, to persons, not residing on the premises.

Garage, public, means any building where vehicles/equipment are painted, repainted, rebuilt, repaired, reconstructed and stored for compensation.

Garage, repair, means a building or any portion thereof, other than a private storage, or parking garage or automobile service station, designed or used for repairing, equipping or servicing of motor vehicles. Such garages may also be used for hiring, renting, storing or selling of motor vehicles.

Garage, storage, means a building or premises used for the housing only of equipment and vehicles; and where no equipment or parts are sold, and vehicles are not rebuilt, serviced, repaired, hired, or sold, except for minor services such as car washing and the dispensing of grease or oil within the building for vehicles stored therein.

Garden compost operation means an operation which:

(1)

Has no more than 25 cubic yards of landscape waste, composting material or end-product compost on-site at any one time; and

(2)

Is not engaging in commercial activity. Garden compost operations are exempt from the requirements of this chapter.

Golf course means public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Group home (community residential home) means a dwelling unit licensed to serve clients which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of any of the following: an aged person, a physically disabled or handicapped person, a developmentally disabled person, a non-dangerous mentally ill person, a child.

Gun club, public, semipublic, or private, means a premises used for trap shooting, or skeet shooting which may also include clubhouse and maintenance buildings with facilities for serving of food and refreshments, sale and servicing of guns and supplies for trapshooting or skeet shooting to patrons of the gun club.

Handicap. See Disability.

Heavy processing facility means any processing facility other than a light processing facility.

Height of a building means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Heliport means an area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Highway. See Street.

Home occupation means any business, occupation, or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit.

Hospital means a building having facilities for inpatient nursing care, where physicians and other medical professionals diagnose and treat human ailments.

Hotel means an establishment containing lodging rooms for occupancy by transient guests but not including a boardinghouse or roominghouse. Such an establishment provides customary hotel services such as maid and bellboy services, furnishing of and laundry of linens used in the lodging rooms and central desk with telephone.

Hotel, apartment, means a hotel in which at least 80 percent of the hotel accommodations are occupied by permanent guests.

Impulsive shock means a high-magnitude isolated event such as blasting which occurs only a few times a day.

Incompatible use means a use which is not compatible with other uses permitted in a district because it is inconsistent therewith.

Industrial park means a unified development designed to accommodate a community of compatible types of industry.

Intense burning means and refers to a rate of combustion of a material which burns with a high degree of activity and is consumed rapidly.

Intermittent vibration means a string of vibration incidents, each of a short duration, of the order of two seconds or less, separated by intervals of much lower vibration magnitudes. They may result from sources which are regular (e.g., pile drivers) or irregular (e.g., intermittent machinery). Repeated intermittent vibration should be treated as continuous vibration for the purposes of this ordinance.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment or wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, and/or inoperable motor vehicles or other type of junk. See also: Automobile wrecking yard.

Kennel means an establishment operating a facility housing dogs, cats, or other household pets and where breeding, boarding, training or selling of animals is conducted as a business.

Land application means the spreading of landscape waste or compost, at an agronomic rate, as a soil amendment to improve soil structure and crop productivity. Land application is not composting.

Landing strip, private, means a strip of land used or intended for use for the landing and taking off of the private aircraft of the owner or lessee of the landing strip and his guests and such accessory structures customarily incidental to the operation which may include one building for the storage and maintenance of such private aircraft.

Landscape waste means all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.

Landscape waste compost facility means an entire landscape waste composting operation, with the exception of a garden compost operation.

Light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. "Light processing facilities" are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.

Livestock feed lot means a relatively small, confined land area for fattening livestock or holding temporarily for shipment for commercial purposes.

Lodge means:

(1)

A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families.

(2)

The place where members of a local chapter of an association hold their meetings and the local chapter itself.

Lodging room means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room.

Lot means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law intended to be occupied, by a building and its accessory buildings, or by group dwellings and their accessory buildings, together with such open spaces as are required, having at least the minimum area required for a lot in the zone in which such lot is located and having its principle frontage on a public street or public way.

Lot area means the total area within the lot lines.

Lot, corner, means a lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot line means a property boundary line of any lot held in single or separate ownership.

Lot line, front, means that boundary of a lot which is along an existing or dedicated street or public way and, in the case of a corner lot and/or double frontage lot, that lot line selected by the owner as the front lot line.

Lot line, interior, means a lot line which does not abut a street right-of-way line.

Lot line, rear, means that boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot; parallel to and at the maximum distance from the front lot line.

Lot line, side, means any boundary of a lot which is not a front or rear lot line.

Lot of record means a lot which is part of a subdivision, the plat of which has been legally recorded or a parcel of land with a legally recorded deed in accordance with the Illinois Plat Act (765 ILCS 205/1 et seq.)

Lot, reversed corner means a corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through. See Double frontage lot.

Lot, trailer means the area of land assigned to a travel trailer in a tourist park or a manufactured home in a manufactured home park.

Lot width means the minimum horizontal distance between the side lot lines measured at the buildable area.

Manufactured home There are two basic types of factory built structures: mobile and modular.

(1)

Mobile-type. The construction of the mobile type of single-family residence is regulated by the federal Department of Housing and Urban Development (HUD) and must comply with the National Manufactured Home Construction and Safety Standards. These standards apply uniformly across the country and it is illegal for a state or local unit of government to impose additional construction requirements. "Mobile type units" will have a red metal label permanently affixed to the rear of each towable unit.

(2)

Modular-type. The construction of modular type dwelling units is regulated by the state department of public health. Unlike the mobile type homes, the local unit of government may require additional items other than the minimum state requirements to be incorporated into the construction of modular homes. Modular type homes shall be placed on a permanent foundation. A state approved modular dwelling will have a yellow seal on the electrical panel box of the home. Modular type units manufactured at a factory in Indiana will not bear a state seal but rather will contain the seal of approval from the state of Indiana. Modular type units are treated as a single-family detached dwelling.

Manufactured home park means a designated contiguous parcel of land planned and improved for the placement of five or more mobile-type manufactured homes for use by nontransient dwellers remaining continuously for at least one month, this description shall not include a sales lot in which automobiles or unoccupied manufactured homes or other trailers are parked for the purpose of inspection or sale, but manufactured homes located on a site in the manufactured home park which are unoccupied or vacant for 90 days, after occupancy may be sold or offered for sale on the premises.

Marina means a facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests.

Marquee or canopy means a roof-like structure of a permanent nature which projects from the wall of a building and is permitted to overhang into a required yard.

Maturity means a state which is characteristically: generally dark in color; humus-like; crumbly in texture; not objectionable in odor; resembling rich topsoil; and bearing little resemblance in physical form to the waste from which it is derived.

Micron means a unit of length, equal to 1/1,000 of one millimeter.

Miniwarehouse means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods and wares.

Mobile home. See "manufactured home."

Moderate burning means and refers to a rate of combustion of a material which supports combustion and is consumed slowly as it burns.

Modular home See "manufactured home."

Moratorium means a temporary halting or severe restriction on specified development activities. Moratoria on the issuance of building permits or on sewer hookups, for example may be imposed to allow the community to build the necessary utilities to accommodate the new development. Interim zoning can be considered a form of moratorium which gives time for the zoning ordinance to be changed (or a new one prepared) to allow for changing conditions and needs.

Motel means an establishment consisting of a group of lodging rooms each with individual bathrooms, and designed for use by transient guests. A motel furnishes customary hotel service such as maid service and laundering of linen used in the lodging rooms, telephone and secretarial or desk service, and the use and upkeep of furniture. Fifty percent or more of the lodging rooms are occupied or intended for occupancy by transient guests.

Motor freight terminal means a building or area of land in which freight brought by a motor truck is assembled or sorted for routing in intrastate or interstate shipment.

Moved structure means a structure permanently established upon a lot after having been moved from another part of the same or a different lot.

Nacelle. See Turbine.

New pollution control facility means:

(1)

A pollution control facility initially permitted for development or construction after July 1, 1981;

(2)

The area of expansion beyond the boundary of a currently permitted pollution control facility; or

(3)

A permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.

The siting approval procedures, criteria and appeal procedures are provided for new pollution control facilities under section 39.2 of the state Environmental Protection Act. According to state statute, "Local zoning or other land use requirements shall not be applicable to such siting decisions."

Nighttime hours means 7:00 p.m. to 7:00 a.m., local time.

Nonconforming building or structure means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the zoning ordinance from which this chapter is derived, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Nonconforming lot means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance from which this chapter was derived, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Nonoperational wind turbine means any wind turbine(s) whose power output (in kilowatt hours) for any consecutive 12-month period is less than ten percent of the expected power output. The expected power output for wind turbines shall be the amount claimed in the operator/owner's prospectus.

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

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

Nonconforming use means a use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance from which this chapter was derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Noxious matter means that which is capable of causing injury or discomfort to humans by chemical reaction.

Nursing home means an establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, and which does not contain facilities for surgical care, obstetrics, or medical treatment other than ordinary day-to-day care of convalescent, aged or otherwise infirm persons.

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

Occupy means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

Octave band means a term denoting all frequencies between any given frequency and double that frequency.

Octave band filter means an electronic frequency analyzer, designed according to standards formulated by the American National Standards Institute ANSI S1.11-1986 (R1998) and used in conjunction with a sound-level meter to take measurements in special octave intervals.

Odor threshold means the minimum concentration of odorous matter in the air that can be detected as an odor by the average person.

Odor unit means the release of materials intrinsically odorous or capable of becoming odorous, either by bacterial decomposition or chemical reaction, which renders it perceptible to the average population. More definitively, one odor unit is one cubic foot of air at the odor threshold.

Off-street loading means a space, accessible from a street, alley or way, in a building or on a lot, for the use of trucks while loading or unloading merchandise, or materials.

Opacity means a condition which renders materials partially or wholly impervious to transmittance of light and causes obstruction of an observer's view. For the purposes of these regulations, the equivalence between opacity and Ringlemann shown in the table shall be employed.

Open sales lot means land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, monuments, and trailers.

Parking space means a suitable surfaced and permanently maintained area of land on privately owned property, either within or outside of a building, of sufficient size to store a standard passenger motor vehicle, but in no instance less than 200 square feet in area exclusive of passageways, driveways, or other means of circulation or access.

Participating property means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. Participating property also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities.

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

Particle acceleration means a characteristic of vibration which if not directly measured can be computed by multiplying the frequency by the velocity times the factor 0.0159. The acceleration will be in meters per second squared when the frequency is expressed in hertz and the velocity in meters per second.

Particulate matter means any solid or liquid material other than water, which exists in a finely divided form.

Performance standard means a criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, or glare or heat generated by or inherent in uses of land or buildings.

Planned unit development (PUD) means a parcel or tract of land having an area as herein required, initially under unified ownership or control, and which is or is intended to be the site for two or more principle uses, or one principle building for two or more principle uses and within which allowable exceptions in the district regulations are specified.

Planned unit development plat means a drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the county recorder of deeds.

Plat means a map plan or layout showing the subdivision of land and indicating the location and boundaries of individual lots.

Pollution control facility means any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator. This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act. The following are not pollution control facilities:

(1)

Waste storage sites regulated under 40 CFR 761.42;

(2)

Sites or facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site of facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled, or operated by such person;

(3)

Sites or facilities at which the state is performing removal or remedial action pursuant to section 22.2 or 55.3;

(4)

Abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by or on behalf of a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by or on behalf of a public utility;

(5)

Sites or facilities used by any person to specifically conduct a landscape composting operation;

(6)

Regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact;

(7)

The portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with subdivision (r) (2) or (r) (3) of section 21;

(8)

The portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;

(9)

The portion of a site or facility used for treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in section 57.9(a)(3) are exempt under this subdivision (10), below;

(10)

The portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recover facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;

(11)

The portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response. Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;

(12)

The portion of a site or facility accepting exclusively general construction or demolition debris, located in a county with a population over 700,000, and operated and located in accordance with section 22.38 of this Act.

(13)

A transfer station used exclusively for landscape waste, where landscape waste is held no longer than 24 hours from the time it was received.

Also seeNew pollution control facility.

Poultry means domesticated birds kept for eggs or meat.

Prominent discrete tones means sound having one-third octave band sound pressure level which, when measured in a one-third octave band at the preferred frequencies, exceeds the arithmetic average of the sound pressure levels of the two adjacent one-third octave bands on either side of such one-third octave band by:

(1)

Five dB for such one-third octave band with a center frequency from 500 Hertz to 10,000 Hertz, inclusive. Provided that such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band;

(2)

Eight dB for such one-third octave band with a center frequency from 160 Hertz to 400 Hertz, inclusive. Provided that such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band; or

(3)

Fifteen dB for such one-third octave band with a center frequency from 25 Hertz to 125 Hertz, inclusive. Provided that such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band.

Property line noise source means any equipment or facility or combination thereof which operates within any land used as specified by this regulation. Such equipment or facility or combination thereof which emits sound beyond the property line of the land on which it is operated.

Protected lands means real property that is:

(1)

Subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or

(2)

Registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.

Public open space means any publicly-owned open area; including, but not limited to, the following: Parks, playgrounds, forest preserves, waterways, parkways, and streets.

Radiation hazards means the deleterious and harmful effects of all ionizing radiation, which shall include all radiation capable of producing ions in their passage through matter. Such radiations shall include but are not limited to, electromagnetic radiations such as x-rays and gamma rays, and particulate radiations such as electrons or beta particles, protons, neutrons, and alpha particles.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car, or locomotive shops, or car yards.

Recreational vehicle means a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

Recycle andrecycling mean the management of a recyclable commodity in a manner that results in its use:

(1)

As a raw material in place of, or in addition to, a virgin raw material to produce a marketable product; or

(2)

In a particular function or application as an effective substitute for a commercial product. Recycle or recycling includes, but is not limited to, accepting, accumulating, storing, transferring, or processing a recyclable commodity. Recycle or recycling does not include the following:

a.

The physical alteration of a recyclable commodity, including but not limited to compacting, crushing, baling, chipping, briquetting, flattening, grinding, mechanical or physical sorting, or shredding, for purposes other than to facilitate its transportation or marketability.

b.

The collection of a recyclable commodity; or

c.

The management of a recyclable commodity by a person using it:

1.

As a raw material in place of, or in addition to, a virgin raw material to produce a marketable product; or

2.

In a particular function or application as an effective substitute for a commercial product.

d.

Collection and/or processing activities located on the premises of a residential, commercial, or industrial use and used solely for the recycling of material generated by that residential property, industry, or business.

Recycling facility means a facility where consumer recyclable commodities are recycled, including all equipment, fixtures, and structures at the site used in the recycling operation. A recycling facility does not include a drop-off center. There are two categories of recycling facilities:

(1)

Light recycling facility. Occupies an area of under 45,000 square feet of gross acceptance area, processing area, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, chipping, flattening, and mechanical or physical sorting of recyclable commodities. A light recycling facility shall not process ferrous or non-ferrous metals other than food and beverage containers.

(2)

Heavy processing facility. Any recycling facility other than a light recycling facility or a drop-off recycling facility.

Rehabilitation means the upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.

Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but no facilities for the manufacture of products for sale.

Reservoir parking means those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

Restaurant means an establishment that serves food and beverages primarily to persons seated within the building; including a cafeteria, coffee shop, lunchroom, tea room, and dining room but not including a drive-in restaurant.

Rifle or pistol range, public, semipublic, or private means premises of a building or part thereof used for target shooting with rifles, muskets, or pistols, including such accessory clubhouse and maintenance buildings with facilities for serving food and refreshments, and sale and servicing of firearms used on the range as may be provided.

Right-of-way means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.

Right-of-way line means the division line between private property and a dedicated street or way, usually uninterrupted from corner to corner in any given block.

Ringelmann chart means the chart published and described in the Bureau of Mines, US Department of Interior, Information Circular 8333 (Revision of IC 7718) May 1, 1967, or that adopted by the state pollution control board.

Ringelmann number means designation of the shade on a Ringelmann chart which coincides most nearly with the apparent visual density of the smoke being observed.

Road. See Street.

Rural-based service provider means any business, profession, or occupation listed in the agricultural district which will not adversely change the character of the immediate area; adversely affect the health, safety, morals, comfort and general welfare of residents in the immediate area; create additional traffic congestion on the public streets and highways; and shall be conducted or operated primarily off-premises from the place of residence of the owner of such business activity, and be limited to the routine maintenance and routine storage of equipment, materials and supplies used in the operation of such business and an accessory office within such owner's dwelling or storage area for the operation of such business. A rural-based service provider shall be accessory to the principle use of rural residence or farming.

Saloon, bar, cocktail lounge means any establishment devoted primarily to the retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, or any place where any sign visible from public ways exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Sanitarium means a building, having facilities for inpatient nursing care, where physicians and other professionals diagnose and treat human mental ailments.

Sanitary landfill means as defined in section 3.445 of the state Environmental Protection Act. Also see Pollution control facility.

Satellite antenna, private, means any accessory structure capable of receiving, for the sole benefit of the principle use, radio or television signals from a transmitter or a transmitter relay located in planetary orbit. This includes but is not limited to, satellite receivers, satellite dish antennas, direct broadcast systems (DBSs), and television reception only systems (TVROs).

Scrap processing facility means an area of land ten acres or more in size, including any accessory building or buildings thereon used for shearing, cutting, shredding, baling, or otherwise processing scrap, such as but not limited to automobiles, farm equipment, and appliances.

Setback means the required minimum horizontal distance between the buildable area and the related front, side, or rear property line. See general provisions regarding measuring setbacks.

Setback line means that line parallel to the street right-of-way or other related lot line at a distance therefrom equal to the depth of the required setback for the zoning district in which the lot is located.

Sewage system and treatment means manmade devices for the collection, treatment and disposal of sewage.

Shopping center means a grouping of compatible commercial enterprises on a lot under single ownership or unified control.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

Sign, advertising (billboard), means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Sign area means the entire area within a single continuous perimeter enclosing the extreme limits of the actual surface of a single-face sign. It does not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. A double face or "V" type sign, erected on a single supporting structure where the interior angle does not exceed 135 degrees shall, for the purpose of computing square-foot area, be considered and measured as a single-face sign, otherwise each display surface of a sign shall be considered a single sign.

Sign, business, means a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

Sign, flashing, means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

Sign, ground, means any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure.

Sign, illuminated, means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

Sign, nameplate, means a sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

Sign, political, means a temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.

Sign, portable, means a sign which has no permanent attachment to a building or the ground, including but not limited to, A-frame signs, pole attachments, searchlights, stands, and business signs pasted, painted, or attached to window display areas.

Sign, portable, illuminated, means a sign which:

(1)

Is manifestly designed to be transported, as a trailer is transported, on its own wheels even though the wheels of such signs may be removed and the remaining chassis is attached permanently to the ground since this characteristic is based on the design of such a sign;

(2)

Has electrical wiring and illumination as an integral part of total construction; and

(3)

Has a potential electrical connection to power on the site to which it is transported. It is characteristic of a portable illuminated sign that the space provided for advertising matter is so constructed that advertising messages may be changed at will by the replacement of lettering or symbols.

Sign, roof, means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

Slow-burning andincombustible mean materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit is designated as incombustible.

Small wind energy system means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics which will be used primarily to reduce on-site consumption of utility power.

Smoke means small gas borne particles resulting from incomplete combustion, consisting predominately, but not exclusively, of carbon, ash, and other combustible material, that forms a visible plume in air.

Smoke units, number of, means the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation:

(1)

A Ringelmann density reading is made at least once every minute during the period of observation;

(2)

Each reading is then multiplied by the time in minutes during which it is observed; and

(3)

The various products are then added together to give the total number of smoke units observed during the total period under observation.

Sound level means the intensity of sound, measured in decibels, produced by an operation or use.

Sound level meter means an instrument standardized by the American Standards Association for measurement of intensity of sound.

Stable, private,(1) means a building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling, but not for hire.

Stable, private,(2) means a building where horses are kept for remuneration, hire or sale.

Stand, roadside, means A structure for the display and sale only of farm products which are produced on the premises and in the immediate area.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above it and, in the case of a split level story, between the surface of the floors at different elevation and the ceilings next above such floors, provided that there is not more than a four foot difference in elevation between the levels of the floor of such a story and the next above or below. A basement shall be counted as a story for the purposes of this chapter when used for the principle use.

Story, half, means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

Street means any vehicular way which is an existing state, county, township, or municipal roadway, or is shown upon a plat approved pursuant to law.

Street line means the dividing line between a lot and the right-of-way of a contiguous street.

Structural alterations means any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Substance-abuse center means a medical facility open 24 hours a day meeting comparable standards to a hospital or nursing home. Such facility shall be for the temporary emergency shelter of intoxicated persons, or those persons suffering from alcoholism, drug abuse or other similar conditions for the purpose of treatment.

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

Tent means a structure or enclosure, the roof of which or one-half or more of the sides are constructed of silk, cotton, canvas fabric or a similar light material.

Textiles means any material that is woven, knitted, felted, or otherwise produced from any natural or man-made fiber, or a substitute therefore, or combination thereof. Examples of textiles include, but are not limited to cloth, fabric, clothing, linens, towels, rags, rugs, carpets, or shoes.

Thoroughfare. See Street.

Tourist home means a building which contains a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation. The term "tourist home" does not include a hotel, apartment hotels, or motel.

Tourist park means a parcel or tract of land containing facilities for locating three or more travel trailers or mobile type manufactured homes, and for use only by transients remaining less than three months, whether or not a charge is made. An open sales lot in which automobiles or unoccupied trailers are parked for the purposes of inspection or sale is not included in the definition of a tourist park.

Toxic matter or materials means those which are capable of causing injury to living organisms by chemical means even though present in relatively small amounts.

Trailer means a structure standing on wheels, towed or hauled by another vehicle and used for shortterm human occupancy, carrying materials, goods or objects, or as a temporary office.

Trailer, camping. See Recreational vehicle.

Trailer, travel. See Recreational vehicle.

Transfer station means as defined in section 3.500 of the state Environmental Protection Act. See Pollution control facility.

Use means the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

Use, accessory, means a use that:

(1)

Serves a principle structure and/or use;

(2)

Is customarily found as incidental to such principle structure or use;

(3)

Contributes to the comfort, convenience or necessity of those occupying, working at or being served by such principle structure or use;

(4)

Is, except as otherwise expressly authorized by the provisions of this chapter, located on the same zoning lot or adjoining lot under single ownership as such principle structure or use; and

(5)

Is under the same ownership and control as the principle structure or use.

Use, permitted, means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such district.

Use, principle, means the main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or special use.

Use, special, means a use, either public or private which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

Vacant means containing or holding nothing; being without contents or occupants; unoccupied or unused, as land; also, abandoned; having neither claimant nor heir, as an estate.

Variance means A relaxation of the terms of the ordinance from which this chapter is derived with respect to a specific zoning lot or group of lots where such variation is consistent with the standards set forth in this chapter.

Variance, major, means all other variances not listed as a minor variance.

Variance, minor, means and includes the following actions:

(1)

Permitting any yard to be smaller or setback to be less than required by the applicable regulations;

(2)

Permitting the use of a lot or lots not of record on the effective date of this chapter, for a purpose otherwise prohibited solely because of insufficient area or width of the premises involved, if the area or width of such premises is no less than 90 percent of that required;

(3)

Permitting the same off-street parking facility to qualify as required facilities for two or more users when the combined number of spaces is not met, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(4)

Reducing the applicable off-street parking or loading facilities required hereunder by not more than one parking space or loading space, or 20 percent of that required by the applicable regulations, whichever number is greater; and

(5)

Increasing by a reasonable amount the maximum distance that a required parking facility may be located from the use served.

Vibration means a reciprocating motion transmitted through the earth, both in horizontal and vertical planes.

Waste disposal site means as defined in section 3.540 of the state Environmental Protection Act. See Pollution control facility.

Waste incineration operation. See Pollution control facility.

Waste storage site means as defined in section 3.485 of the state Environmental Protection Act. See Pollution control facility.

Waste treatment means as defined in section 3.505 of the state Environmental Protection Act. See Pollution control facility.

Wind tower means and includes the wind turbine tower, nacelle, and blades.

Yard means an open space that lies between the principle or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance from which this chapter is derived.

Yard, corner side, means a side yard which adjoins a street.

Yard, front, means a yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth.

Yard, interior side, means a side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.

Yard line means a line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.

Yard, rear, means a space extending across the full width of the lot between the principle building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Yard, side, means a space extending from the front yard to the rear yard between the principle building and the side lot line measured perpendicular from the side lot line to the closest point of the principle building.

Yard, transitional, means a yard which must be provided on a lot in a business district which adjoins a lot in a residence district, or a yard which must be provided on a lot in an industrial district which adjoins a lot in either a residence or business district.

Zoning board of appeals (board of appeals) means the county zoning board of appeals.

(Zoning Ordinance 1996, § 3.02; Res. No. 98-5-12-070, § I, 5-12-1998; Res. No. 99-5-11-075, §§ II, III, 5-11-1999; Ord. No. 2006-04-11-81, § 3.02, 4-11-2006; Res. No. 2008-02-13-21, § 3(Exh. A), 2-13-2008; Res. No. 2008-08-12-110; § 3(Exh. A), 8-12-2008; Res. No. 2009-06-09-72, § 1(Exh. A), 6-9-2009; Res. No. 2015-11-10-138, Exh. A, 11-10-2015; Res. No. 2017-05-09-45, Exh. A, 5-9-2017; Ord. No. 2014-06-10-91, § 1(Exh. B), 6-10-2014; Ord. No. 2019-10-08-166, § 3(Exh. A), 10-8-2019; Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023; Res. No. 2024-05-14-76, 5-14-2024)

(a)

Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

(b)

Relationship with other laws. Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(c)

Effect on existing agreements. This chapter is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(d)

Existing violations. No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter, and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure or use remains unlawful hereunder.

(e)

Requirements of this chapter shall be met. All permits, licenses and requirements of this chapter and the state and federal government shall be obtained and met prior to commencing a use in any zoning district.

(f)

Application of this chapter. Nothing contained in this chapter shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, or facility or to carry on any trade, industry, occupation, or activity. The provisions in this chapter are cumulative and additional limitations upon all other laws and ordinances, heretofore passed governing any subject matter in this chapter.

(Zoning Ordinance 1996, § 4.01)

It is hereby declared to be the intention of the county board that the several provisions of this chapter are separable, and the invalidity of any provision of this chapter shall not affect the validity of the remainder.

(Zoning Ordinance 1996, § 4.02)

(a)

Applicability to all properties. It is hereby declared that the provisions of this chapter shall apply to all properties as hereinafter specifically provided.

(b)

Changes in structures or use. Except as may otherwise be provided in this chapter, all buildings or structures erected hereafter, all uses of land, buildings, or structures established hereafter, all structural alteration or relocation of existing buildings, or structures occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such building, structure, use or land shall be located, or as otherwise provided by this chapter.

(c)

Nonconforming lots, buildings, structures and uses. Any lawfully established lot, use of a lot, building, or structure existing at the time of the enactment of the zoning ordinance from which this chapter is derived may be continued, even though such lot, building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued.

(d)

Occupation. Where a building permit for a building or a structure has been issued in accordance with the building ordinance of the county as amended, prior to the effective date of the ordinance from which this chapter is derived and provided that construction is pursued and completed under and within the time limited by such building ordinance, the building may be occupied under a certificate of occupancy for the use for which it was originally designed and built.

(e)

Expiration of permit. Where a building or use permit has been issued for a permitted use, such permit shall become null and void unless work thereon is substantially underway within 90 days of the date of the issuance of such permit, or within a period of time beyond 90 days granted by the committee of the county board having jurisdiction on written request by the owner.

(Zoning Ordinance 1996, § 4.03)

(a)

Any person, firm, or corporation found to be in violation of any of the provisions of this chapter shall be deemed guilty of a petty offense, punishable by a fine not to exceed $500.00 for each offense. Each day a violation exists, it will be considered a separate offense.

(b)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the proper authorities of the county, or the owner of property, the value or use of which will be affected by such violation may, in addition to other remedies, institute any appropriate action or legal proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business, or use in or about the premises.

(c)

The planning director and any deputies or assistants duly appointed by the planning director shall have power to make such orders, requirements, decisions, and determinations, under the provisions hereof and limited hereby as are necessary to enforce this chapter.

(Zoning Ordinance 1996, § 17.07)

State Law reference— Penalty for zoning ordinance violations, 55 ILCS 5/5-12017.