The various zoning districts and their boundaries as designated on the zoning district map are intended to preserve those areas characterized by existing buildings and structures and uses conforming with the district regulations of the district in which they are located and the designation of vacant lands adjoining the existing developed areas and at other planned locations, in order to secure a balanced distribution of the elements of land use comprising the county's physical structure. It is essential that areas for the various land-use categories be designated in the proper location and proportion to encourage and accommodate economic and resultant population growth throughout the county and to preserve its natural resources.

(Zoning Ordinance 1996, § 5.01)

(a)

Provisions for official zoning map. The county is hereby divided into districts as shown on the official zoning map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

Identification of official zoning map. The official zoning map shall be identified by the signature of the chairman of the county board, attested by the county clerk and shall bear the effective date of the ordinance from which this chapter is derived.

(c)

Changes to official zoning map. If, in accordance with the provisions of this chapter and 55 ILCS 5/5-12014, changes are made in district boundaries or other matter portrayed on the official zoning map by disannexation or by amendment, such changes shall be made by the planning director promptly after the amending ordinance authorizing such changes has been approved by the county board. The amending ordinance shall provide that such changes shall not become effective until they have been duly entered on the official zoning map. No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any such amendment upon adoption and publishing shall be added to the official zoning map.

(d)

Authority of official zoning map. Regardless of the existence of copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the planning director, shall be the final authority as to the current zoning status of land and water areas and structures in the county.

(e)

Location of zoning map. The official zoning district map, for the areas of the county which are under the jurisdiction of this chapter, is on display in the Office of the Kankakee County Regional Planning Commission, 189 East Court, Kankakee, Illinois.

(f)

Replacement of official zoning map. If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature of number of changes, the county board may by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall correct drafting or other errors or omissions to the prior official zoning map, but no such corrections shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the chairman of the county board, attested by the county clerk, and shall bear the effective date of the old official zoning map and the effective date of the new Official zoning Map.

(g)

Rules of the interpretation of district boundaries as shown on the official zoning map. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets or alleys shall be construed to follow such centerline.

(2)

Boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following county limits shall be construed as following such county limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerline.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (g)(1)—(5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by subsections (g)(1)—(6) of this section, the county board shall interpret the district boundaries.

(8)

Where a district boundary line divides a parcel in single ownership, the regulations for either portion of the lot may, in the owner's discretion, extend to the entire lot.

(h)

Disconnected territory. All territory which may hereafter be disconnected from any incorporated area within the county shall be considered to be zoned in a manner most closely conforming to the zoning of the district of the municipality contiguous with such disconnected territory. Where such disconnected territory is contiguous with two or more districts, it shall be zoned in a manner most closely conforming to the district which has the largest contacting boundary to such disconnected territory until otherwise classified.

(i)

Exemptions from regulations and standard.

(1)

The regulations of this chapter are not imposed upon nor shall permits hereunder be required for land use or to be used for the pursuit of agriculture as the principle use, nor with respect to the erection, maintenance, repair, remodeling or extension of buildings or structures of any kind or number, including mobile-type manufactured homes which are related to the pursuit of agriculture as the principle use upon the land, except that buildings or structures for such pursuit of agriculture shall conform with the building setback lines required in the district where such buildings and structures are located and any of the principle uses, the locations of which are restricted by this chapter, shall conform with the applicable regulations of this chapter.

(2)

The regulations of this chapter do not specify or regulate the type of location of any poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distribution equipment for telephone or other utilities, electric power, gas, water and sewer lines; provided, that the installation shall conform where applicable, to the rules and regulations of the Illinois Commerce Commission, the Federal Aviation Administration, and other state or federal agencies having jurisdiction. Except that the siting of telecommunication towers, antennas, supporting structures, and equipment housing shall conform to 55 ILCS 5/5-12001.1.

(Zoning Ordinance 1996, §§ 5.02, 20.00; Res. No. 99-5-11-075, § VI, 5-11-1999; Res. No. 205-5-10-055)

In order to accomplish the purposes and intent of this chapter and the objectives set forth in this chapter, the unzoned portions of the county are hereby divided into the following districts:

(1)

Agricultural District (A1)

(2)

Agriculture Estate District (A2)

(3)

Single-family Residence District (R1)

(4)

High Density Residence District (R2)

(5)

Rural Estate Residence District (RE)

(6)

Restricted commercial district (C1)

(7)

General commercial district (C2)

(8)

Light industrial district (I1)

(9)

General industrial district (I2)

(10)

Public Lands (PL)

(Zoning Ordinance 1996, § 5.03)

The zoning district regulations are designed to regulate the use of land, buildings, and structures; lot and plot areas and widths; volume of buildings or structures (floor area ratio); yards; signs; and, off-street parking and loading facilities. Where a regulation conflicts with another code, requirement, or regulation, the strictest shall apply.

(Zoning Ordinance 1996, § 5.04)

(a)

Intent. Agriculture district regulations are designed to regulate the use of land, buildings, and structures, and the uses thereof within the areas of the county where soil and topographic conditions are best adapted to the pursuit of agriculture and the utilization of other natural land resources. This section applies to the A1 district.

(b)

Permitted uses.

(1)

The minimum lot area shall be five acres. A single-family dwelling is permitted on a lot not less than 20 acres in area. However, after the effective date of the ordinance from which this chapter is derived, the following uses, either as a dominant or accessory use in the pursuit of agriculture, shall not be established or enlarged:

a.

Livestock feed lots located nearer than 1,000 feet from a residence district boundary line.

b.

Land used for the disposal of garbage, sewage, rubbish, or offal.

(2)

Agriculturally related meeting halls and offices, by public conservation agencies; voluntary societies and associations, and governmental agencies.

(3)

Public parks, playgrounds and recreation areas.

(4)

The following public service uses when located 200 feet or more from a residence district boundary line or an existing dwelling, except as otherwise provided herein:

a.

Electric and telephone substations and distribution centers.

b.

Filtration plants, sewage treatment facilities, pumping stations and other reservoirs, public or community.

c.

Gas regulator stations.

d.

Police and fire stations.

e.

Railroad rights-of-way and passenger stations.

f.

Well head stations, well separators and other similar above-the-ground facilities customarily used for the distribution of natural gas, provided equipment and other installations shall be in completely enclosed buildings or may be in the open if they are completely enclosed behind a two inch or less mesh chainlink fence, or equal, not less than six feet in height.

(5)

Nurseries, truck and flower gardening greenhouses and wholesale sales and incidental seasonal retail sales of plant materials, a substantial percentage of which are grown on the premises

(6)

Ethanol plant, utilizing grain or other raw materials grown only on property owned or rented by producer and only for their own use. The producer shall include a cooperative consisting of ten or fewer members.

(7)

Roadside stands, for the sale of produce and poultry grown and raised on or in the immediate area of the premises, and provided that such stand shall contain not more than 600 square feet of floor area or be higher than one story, and shall not exceed 17 feet in height. The stand or produce on sale shall not be located nearer than 50 feet from a street or highway right-of-way line, except a temporary roadside stand may be within ten feet of a street or highway right-of-way line provided the stand shall be at such location only during the harvest season of garden products grown in the open on the premises. There shall be provided with each roadside stand facilities approved by the planning director for vehicular ingress and egress to such stand from and to the street or highway and adequate parking facilities off of the street or highway right-of-way for motor vehicles of the customers being served or waiting to be served.

(8)

Rural-based service provider only as an accessory use to an owner-occupied residential use. Any rural-based service provider operation shall fill out and submit an application with the planning office. The application forms are available in the planning office. Any rural-based service provider operation shall notify all owners of property within 500 feet of the subject site by certified mail within five days of filing the applications of the intent and location of the service. If any owner receiving notice as described above shall, within ten days after the date of the notice, file a written objection with the planning office thereto, by certified mail or in person, the question of whether such application shall be granted shall be referred to the zoning board of appeals which shall consider the matter at its next regular or special meeting. A report summarizing the findings of fact and a recommendation of the zoning board of appeals shall be forwarded to the county board for a determination. Rural-based service provider businesses are subject to the following restrictions:

a.

Shall not be permitted in a platted residential subdivision;

b.

Shall only be established where an owner-occupied residence exists on the same lot as the provider business;

c.

Shall be located within such owner's dwelling, storage area, or accessory building for the operation of such a building;

d.

Shall be operated and storage maintained entirely within an enclosed building or screened on all sides by a solid fence not less than six feet in height;

e.

Shall not utilize more than 25 percent of the lot area or two acres, whichever is less;

f.

Detached accessory storage buildings which are used in conjunction with the service operation shall conform to all applicable set back and location requirements set forth within this chapter;

g.

On-site employees shall consist of immediate family members, and not more than three other persons;

h.

Said business shall be owned by the owner of the residence;

i.

Such businesses shall provide a parking area to accommodate at least two cars in addition to one parking space for each on-site employee. Such off-street parking area shall not be located in any required front yard and shall be appropriately landscaped so that it does not detract from the residential character of the property or its surroundings;

j.

Retail and/or wholesale sales shall be prohibited on the site of such use, except those sales incidental to the service provided and agricultural uses permitted in other parts of this chapter;

k.

No more than one business shall be permitted on a site;

l.

Such businesses shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat on or off the premises of such use;

m.

The planning office shall notify the township assessor within the township in which such rural-based service provider is established within 90 days of the approved use and the structure used in association with such use;

n.

Hours of operation shall be from 8:00 a.m. to 8:00 p.m.

(9)

Composting of landscape waste for land application in pursuit of agriculture on a parcel not less than 20 acres.

(10)

Home occupations as defined in this chapter.

(11)

Single-family detached dwelling existing on the effective date of the ordinance from which this chapter is derived where a single-family detached dwelling may be divided from a parcel used in the pursuit of agriculture. A one-time exemption is permitted on a given tract of land in existence on the effective date of the ordinance from which this chapter is derived.

a.

An applicant shall file the following information with the planning director:

1.

Administrative fee as stated in section 18-1.

2.

Application form.

3.

Plat of survey containing the following information:

i.

Stamped and signed by a licensed surveyor.

ii.

Legal description.

iii.

Stakes and monuments are clearly identified.

iv.

Lot size is not less than one acre and not more than five acres.

v.

Lot width is not less than 150 feet and not more than 499 feet. The lot width may be reduced to 50 feet when a farmstead is located more than 500 feet from a public road.

vi.

Proposed lot complies with the following provisions:

(A)

Lot coverage: does not exceed 30 percent of lot area.

(B)

Floor area ratio: does not exceed 0.2.

(C)

Setback requirements.

aa.

Front: Thirty feet in depth on platted rights-of-way. Sixty feet in depth on unplatted roads, measuring from the centerline of the road.

bb.

Side: Six feet in width. Thirty feet in width when adjoining a street.

cc.

Rear: 40 feet in depth.

b.

A successful application must meet all of the standards listed below:

1.

The detached single-family dwelling must have been erected prior to the effective date of the passage of the ordinance from which this chapter is derived and standing on the date of the application.

2.

The property must be in compliance with all applicable property maintenance codes and have no outstanding code violations.

3.

Rural based service providers and home occupations are in compliance.

4.

A single-family detached dwelling is the principle structure on the parcel.

5.

The property must have frontage along a public street or have proof of access from a private drive or an easement.

6.

Said application must be in compliance with sections 121-146, 121-285, 121-286, and 121-396.

7.

Not more than 50 percent of the subject site may contain tillable land.

8.

Accessory buildings, structures, and uses must comply with section 121-281 of this chapter.

9.

Does not include any new easements of access.

(12)

Child care center within an occupied residence, not more than five children.

(13)

Small wind energy systems provided the following are met:

a.

A small wind energy system shall not be permitted on any parcel that is less than 2.00 acres.

b.

There shall be no more than one small wind energy system located on a parcel.

c.

Small wind energy systems are only permitted as an accessory use to a principal structure, and in no case will a small wind energy system be permitted on a vacant parcel.

d.

Small wind energy systems shall only be permitted in a rear yard.

e.

Small wind energy systems are not permitted in any platted subdivision.

f.

Small wind energy systems may not be constructed within any recorded easements.

g.

The maximum permitted system height of a small wind energy system from average grade to the top of the blade shall be no more than 125 feet.

h.

Small wind energy systems shall be set back a distance equal to 110 percent of the system height from all adjacent property lines, third-party transmission lines, communication towers, and from occupied structures on the same parcel as the system. Additionally, a system must be a minimum distance equal to 150 percent of the system height from any dwelling inhabited by humans on neighboring property.

i.

The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be ten feet above the height of any structure within 50 feet of the base.

j.

Guy wires and anchoring systems shall extend no closer than 30 feet from an adjacent property line.

k.

The supporting tower shall also be enclosed with a six-foot-tall fence or the base of the tower shall not be climbable for a distance of 12 feet.

l.

Small wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority. Any required lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.

m.

Small wind energy systems, except as may be required by the FAA, shall be finished in either off-white, light gray, other neutral color, or a color as approved by the Kankakee County Planning Department, including the blades. The finish shall be flat or matte. The required coloration and finish shall be maintained throughout the life of the system.

n.

No small wind energy system shall have any advertising material, writing, picture, or signage other than warning, equipment identification or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including meteorological/weather devices.

o.

Small wind energy systems shall not exceed 60 dB(A), as measured at the closest property line. The level, however, may be exceeded during a short-term event such as utility outages and/or severe windstorms.

p.

Small wind energy systems shall not operate so as to cause microwave, television, radio, or navigation interference contrary to Federal Communication Commission regulations or other laws.

q.

Small wind energy systems shall comply with all applicable FAA and any other federal, state or local requirements. Nothing in these requirements is intended to preempt other applicable federal, state and local laws and regulations.

(14)

Commercial wind energy facility as regulated herein.

(15)

Commercial solar energy facility as regulated herein.

(c)

Special uses. The following special uses shall be permitted only in accordance with procedures, regulations and standards set forth in this chapter, applicable federal, state, or county regulations and standards, and additional standards that may be required by the county board. Development plans and specifications showing, when applicable, utility installations; site and land improvements; location, architectural elevations and construction details of buildings and structures; traffic control facilities and other improvements shall be submitted to the county board, if requested by the county board, for approval:

(1)

Airports, aircraft landing fields, runways, flight strips and flying schools, together with hangars, terminal buildings, and other auxiliary facilities on a parcel not less than five acres.

(2)

Animal farms engaged in the raising of exotic animals, fox, mink, chinchilla, hogs, chickens, turkeys, dairy cows, horses, and other farm animals when not accessory to the pursuit of agriculture and provided no building or structure is located nearer than 200 feet from a lot line, and is located on a lot no smaller than five acres.

(3)

Automobile wrecking yards and junkyards, providing they are contained within completely enclosed buildings or screened by a solid wall or attractive solid fence at least 12 feet high.

(4)

Carnivals, circuses, and other similar uses as recommended by the zoning board of appeals and approved by the county board, for a period not to exceed 90 days, provided, that no lot used for such a purpose shall be located nearer than 500 feet from an existing dwelling, and operations shall conform with the performance standards, measured at the lot line, as set forth in the I2 District.

(5)

Cemeteries, including crematories and mausoleums, provided no building shall be located nearer than 200 feet from a lot line.

(6)

Child care centers not to exceed 12 children, ages six months to seven years. Child care center within an occupied residence, not less than six children and not more than twelve children.

(7)

Churches, chapels, temples, and synagogues.

(8)

Commercial radio and television towers and accessory buildings, provided, that the plans for the tower and related accessory buildings shall be sealed by a state licensed structural engineer verifying that the construction standards are adequate. Lot size and setbacks of the use shall be determined by the structural engineer and approved by the county board based upon the given specification and location of the subject site as to not endanger the public safety. Although, in no case shall the set back from any public right-of-way be less than 50 feet, provided for in this chapter under "setback requirements."

(9)

Community centers, county-wide (publicly or semipublicly owned or operated, but not for profit), on a lot not less than 25 acres in area and for such uses as: Agricultural and horticultural fairs, and shows and exhibits conducted by rural and agricultural organizations; and other public or semipublic voluntary organizations, but not including commercial race tracks. The operations of all uses shall conform with performance standards set forth herein in the I1 light industrial district. The setback areas bordering the property lines shall be landscaped and so maintained as permanent open areas but may contain driveways, walks, fences, and buildings or structures at entrances for admission controls.

(10)

Community residential home.

(11)

Convalescent, nursing, and rest homes and accessory uses, buildings, and structures.

(12)

Convents, seminaries, monasteries, and nunneries.

(13)

Educational and institutional uses:

a.

Colleges, junior colleges, and universities including fraternity and sorority houses, dormitories, and other accessory structures and facilities necessary to its operation on a lot not less than 20 acres in area, and provided no buildings or structures, including off-street parking and loading facilities, are located nearer than 200 feet from a lot line.

b.

Schools, parochial, private or not for profit and boarding schools, public or private on a lot not less than two acres for a nursery school, eight acres for an elementary school, and 30 acres for a high school.

c.

Hospitals and sanitariums and accessory uses, buildings, and structures, on a lot not less than ten acres in area and provided no buildings or structures, including off-street parking and loading facilities, are located nearer than 200 feet from a lot line.

(14)

Farm related sales and service:

a.

Fertilizer sales, including bulk storage and blending, provided all products sold and stored on the premises are manufactured elsewhere, on a lot not less than one acre in area and provided the lot is not located nearer than 1,000 feet from an existing dwelling or a residence district boundary line. The operations shall conform with performance standards set forth in the I1 industrial district.

b.

Dairy products processing including the production or other acquisition of whole milk, cream, skim or dried milk and processing the same for delivery to customers in bottles, cans, cartons or other appropriate container, excluding, however, the production from such products of cheese or ice creams, on a lot not less than one-half acre and provided the lot is located not nearer than 1,000 feet from an existing dwelling or place of public assembly, a residence district boundary line, or a residential lot of record. The operations shall conform with the performance standards, measured at the lot line, as set forth in the I1 district.

c.

Slaughterhouse, general or custom, including the humane slaughtering, skinning, defeathering, eviscerating, cutting up, packaging, or wrapping of animals or poultry and the operation of locker plants, lockers, and freezer units including the storing, freezing, smoking or curing of meat and poultry products in conjunction therewith on a lot not less than ten acres in area and not less than 400 feet in width and any such activity shall be located at least 500 feet from the nearest dwelling unit or residence district boundary line. Said operations shall conform with the performance standards, measured at the lot line, as set forth in the I2 district.

d.

Grain elevators.

e.

Feed, grain and seed sales.

f.

Livestock sales.

g.

Farm implement, machinery and equipment sales and service.

h.

Veterinary care of farm animals.

(15)

Firewood sales.

(16)

Flea markets.

(17)

Golf courses, standard, providing no clubhouse, accessory building or open off-street parking spaces shall be nearer than 50 feet from a lot line adjoining a street or a residence district boundary line, and 20 feet from an interior lot line.

(18)

Heliports.

(19)

Commercial landscape waste composting facilities other than garden compost operations are subject to the issuance of a special use permit. In no event shall a commercial compost facility be located nearer than 500 feet from an existing dwelling or a residential or commercial district boundary line, unless a special finding in favor thereof is recommended by the zoning board of appeals, the county board may then upon good cause shown, waive said 500-foot requirement.

(20)

Liquid propane sales and service, provided that the operation shall conform with performance standards set forth in the I1 industrial district.

(21)

Mining and quarrying operations. Preparation and transportation of minerals and other natural resource operations including but not limited to the extraction of sand, gravel, other aggregate and top soil, and oil or nonexempt gas well drilling, provided that:

a.

The following information shall be submitted with the application for a special use permit:

1.

Documentation of approval from the appropriate federal, state, and local agencies;

2.

A location map prepared by a registered professional engineer or registered land surveyor showing:

i.

The location of the proposed operation and the present uses of land to be included in the request;

ii.

The extent of area to be excavated and the anticipated depth of excavation. No open pit, shaft, operating equipment, or building related to the processing of product shall be less than 200 feet from any public road or 50 feet from any interior side or rear property line;

iii.

Boundaries of land to be affected by the operation, including the location of storage sites for overburden, access and internal service roads, storage sites for equipment, and offices and other structures to be used in conjunction with the operation;

iv.

All buildings or structures which use is other than for the processing of product shall be located no less than 50 feet from any property line;

v.

Boundaries of adjoining lands owned by persons other than the applicant and the existing uses and zoning of those adjoining lands;

vi.

The location of all watercourses, bodies of water, public rights-of-way, public buildings, public recreation areas, public facilities and other public property on or within 1,000 feet of the boundaries described as the land affected by the operation;

vii.

Existing topography of the property indicated by contour lines of no greater than five foot intervals;

3.

A development plan of the area to be affected by the operation prepared by a registered professional engineer.

i.

The nature and content of the overburden to be removed in the course of the operation;

ii.

The nature and depth of the various strata of overburden above and between mineral seams to be excavated (not less than one core sample per ten gross acres of area);

iii.

The extent of area to be excavated and the anticipated depth of excavation;

iv.

The location and quality of underground water known to be present at the site;

v.

An estimate prepared by a qualified soils engineer or geologist of the probable impact of the operation upon community and/or individual water supplies;

4.

A detailed operational plan including, but not limited to, hours of operation, monitoring program, production rates, the types, quantities and use of equipment, methods of extraction, traffic impact study, drainage study, stormwater management, soil study, floodplain information, off-street parking and loading information, septic and well information;

5.

A detailed land reclamation plan of the area included within the permit, showing:

i.

Proposed use or uses of the land following the operation;

ii.

Actions to be taken during mining to conserve and replace topsoil removed during the proposed operation;

iii.

The sedimentation and erosion control plan for the reclamation including the type of vegetation to be planted for soil stabilization purposes;

iv.

Proposed location of future roads, private rights-of-way, drainage courses and other proposed improvements; and

v.

A performance guarantee in the form of a corporate surety bond, letter of credit or cash bond shall be furnished to the county board in an amount adequate to assure compliance with the approved reclamation plan. The exact amount and termination date of the completion of operations and the rehabilitation of the tract shall be established in the special use permit review process and imposed at the time of approval based upon the estimated costs of reclaiming the site and the estimated length of time the operation will be conducted. Proof that the applicant has filed an Illinois State Land Reclamation Bond with the Department of Mines and Minerals may be accepted in lieu of the county's requirement for bonding or letter of credit;

6.

Such other information as may be required by the zoning board of appeals, the county board, or the planning department.

b.

Such operations shall not be located less than 200 feet from a residence, business, or commercial district, use, or a residential lot of record, except for those uses owned by the operating company.

c.

The affected mining area shall have a six-foot high earthen berm and a six-foot high chainlink fence either in front or behind the berm; the necessity of the fence shall be determined by the zoning board of appeals based upon conditions at the time of the application. Subsequent requirements for fencing shall be reviewed by the committee of the county board having jurisdiction as development in the area occurs.

d.

No blasting or other use of explosives is permitted unless specifically requested and authorized within the special use permit. If permitted by the county board, blasting must conform to the following county requirements and standards:

1.

The board shall require the applicant to prepare pre-blasting and post-blasting studies of the area (as conducted by a qualified geotechnical engineering company approved by the board), to determine the probable affects of blasting and other excavation methods upon existing uses in the area surrounding the proposed site.

2.

An environmental assessment shall be completed by an aquatic biologist or an individual with a similar background and education. A written report shall be drafted stating the impact blasting and other uses of explosives may have on waterways and aquifers in and under the area.

3.

The use, handling and detonation of explosives in connection with said quarrying operations shall be under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency or by the state or county, such persons shall meet the licensing requirements and obtain such license.

4.

The storage of explosives shall be in accordance with all applicable federal and state laws and regulations and shall be stored in magazines, buildings, or structures which shall meet the safety requirements of such laws and regulations.

5.

Blasting procedures shall be in accordance with modern techniques, generally accepted in the mining and quarrying industry, and shall comply with the recommendations provided by the preblasting and post-blasting studies.

6.

Blasting procedures shall be subject to and comply with the applicable requirements of the state department of mines and minerals, Federal Bureau of Mines, Illinois Environmental Protection Agency, and any other governmental agency having jurisdiction thereof.

7.

Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the mining and quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.

8.

The time and day of detonation of any blast may be restricted by conditions set forth in the special use permit.

9.

Proof of liability insurance shall be provided to the county board at the time of the granting of the special use permit and subsequent proof shall be provided each year.

e.

A letter signed by the applicant and property owner granting right of entry upon the property to appropriate public officials for semiannual inspections shall be presented to the county board at the time of the issuance of the special use permit.

f.

The special use permit shall be reviewed by the committee of the county board having jurisdiction every second year to make certain the conditions of the permit and operational standards are being complied with.

(22)

Recreational areas, campgrounds, camps, and day camps whether or not operated for profit.

(23)

Recreational uses:

a.

Outdoor recreation: On a lot having an area and width as approved by the county board and used for one or more of the following uses: Polo fields, equestrian sports, horse shows and hunter trails; hunt clubs and gun clubs; conservation clubs; archery ranges, fishing ponds, swimming clubs, and tennis clubs; golf driving ranges; licensed go-cart tracks but not used for races; private or semipublic picnic grounds and parks, marinas and other boat landing facilities for pleasure craft and accessory uses, buildings or structures such as off-street parking and loading spaces; administration, maintenance and club house buildings, including sale of food and beverages, provided such building and off-street parking and loading spaces shall be set back from any lot line in accordance with requirements set forth by the county board.

b.

Resorts: On a tract of land having frontage or approved access to frontage on a river or lake; and there shall be contained in the resort, dwelling units and lodging rooms for guests and employees of the lodge, and two or more of the uses set forth in subsections (e)(23) b.1. and 2. of this section; and may contain accessory uses set forth in subsection (e)(23) b.3. of this section; and provided that all buildings shall be located no nearer than 100 feet from a lot line.

1.

Indoor recreation facilities for use only by guests of the resort, located in the principle building or a detached recreation building clubhouse, as follows: swimming pools, ice skating rinks, tennis courts, gymnasiums, theaters, and other indoor recreation facilities, as approved by the county board.

2.

Outdoor recreation facilities, for use only by guests of the resort as follows: boating, swimming, water skiing, and other water sports; ice skating, skiing, hockey and other winter sports; basketball, softball, volleyball, and similar sports; tennis courts; standard, par 3, pitch and putt and miniature golf courses; and other outdoor recreation facilities as approved by the county board.

3.

Accessory buildings and uses thereof customarily incidental to the uses set forth in subsections (e)(23) b.1. and 2. of this section including signs, the location, area, design, and illumination of which are approved by the county board. Accessory uses for lodges, or clubhouses also include, when located in the principle building, restaurants and cocktail lounges; curio, gift, sporting goods, flower, and wearing apparel shops; and tobacco, newspaper, magazine, and bookstores or counters.

(24)

Recycling: reverse vending machines (See also general provisions):

a.

Small collection facility.

b.

Large collection facility.

c.

Light processing facility.

d.

Heavy processing facility.

(25)

Sewerage treatment plants, public or community; provided, however, that no building permit for the construction of such treatment plant shall be issued by the planning director under its "building code" until he has assured that the location of such treatment plant with reference to distance and direction from habitations, office buildings, church, schools, parks, and other recreational facilities has been approved by the county board, after receiving the report and recommendations of the director.

(26)

Signs, advertising as regulated in article V, division 2.

(27)

Substance abuse center.

(28)

Kennels shall be a minimum of 500 feet from any zoned residential district or 500 feet from any existing dwelling other than the dwelling of the owner or lessee of the premises.

(29)

Billboards.

(30)

Research facility for domesticated animals and livestock.

(31)

Reserved.

(32)

Storage, blending, and utilization of flammable liquids, gases, or materials which produce flammable or explosive vapors or gases exceeding the total capacity as specified in Table 6: Permitted Quantities of Highly Toxic Materials (section 121-207 Performance standards) when connected to an intrastate or interstate pipeline for the purpose of transporting the stored, blended, or utilized product through the pipeline. These facilities must comply with all performance standards as specified in section 127-207 of the County Code.

Setbacks for these facilities shall comply with the setbacks specified in section 121-206 of the County Code.

(33)

Adaptive reuse. The repurposing of existing structures in the A1 agriculture district for uses that are not agriculturally related.

•

The property must contain existing structures that were devoted to a nonagricultural use, special use, or long term nonconforming use that are no longer used for that particular use.

•

The applicant must demonstrate that a viable agricultural use for the property could not be found.

•

The applicant must demonstrate the need for the new use and how the use will complement the site and surrounding area.

•

The applicant must demonstrate that the new use will not impact the neighborhood or the public's health, safety, or welfare in a negative way.

•

The property must comply with all other ordinances and codes.

(34)

Reserved.

(35)

Reserved.

(36)

Cannabis dispensing facility.

(37)

Fairgrounds and race tracks of all kinds, including grandstand seating and other accessory uses customarily incidental thereto; provided, that they are located no nearer than 200 feet from residence district boundary lines and commercial and organized activity areas, buildings, structures, off-street parking and other service uses are setback at least 50 feet from any street line and 100 feet from any side or rear lot line.

(d)

Lot area. Not less than two acres, except as otherwise regulated herein for a specific permitted or special use.

(e)

Lot width. Not less than 330 feet, except as otherwise regulated herein for a specific permitted or special use.

(f)

Floor area ratio. Not to exceed 0.1.

(g)

Setback requirements. Except as otherwise regulated herein, setbacks shall be provided as follows (See general provisions for measuring setbacks):

(1)

Front: not less than 50 feet.

(2)

Side:not less than 30 feet for an interior side and not less than 50 feet for a side adjoining a street.

(3)

Rear: not less than 100 feet, except for a specific special use.

(h)

Off-street parking and loading. In accordance with regulations set forth in the applicable section of this chapter.

(i)

Signs. In accordance with the regulations set forth in the applicable section of this chapter.

(Zoning Ordinance 1996, §§ 6.00—6.09; Res. No. 99-5-11-075, § I, 5-11-1999; Ord. No. 02-06-11-550, §§ I, II, IV, 6-11-2002; Res. No. 02-07-09-566, 7-9-2002; Res. No. 2006-04-11-81, §§ 6.02, 6.03, 4-11-2006; Ord. No. 2007-01-09-14, 1-9-2007; 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. 2011-05-10-84, 5-10-2011; Res. No. 2015-11-10-138, Exh. A, 11-10-2015; Res. No. 2017-05-09-45, Exh. A, 5-9-2017; 2019-02-11-31, § 3(Exh. A), 2-11-2019; Res. No. 2019-03-12-47, § 3(Exh. A), 3-12-2019; Res. No. 2021-11-09-408, § 3(Exh. A), 11-9-2021; Res. No. 2021-12-14-438, Exh. B, 12-14-2021; Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023; Res. No. 2023-11-14-255, § 3(Exh. A), 11-14-2023)

Editor's note— Res. No. 2008-08-12-110, § 3(Exh. A), adopted Aug. 12, 2008, added subsection (c)(30) to § 121-99. Inasmuch as said subsection already existed, the new provisions have been redesignated as (c)(31) at the editor's discretion.

(a)

Purpose. The A2 agriculture estate district is intended to promote low density residential uses of a rural character in areas of the county where soil and topographic conditions are best adapted to residential uses. This district is only allowed outside the mile and a half jurisdiction of a municipality with an adopted comprehensive plan and located on the least productive farm land or contiguous to the farmstead. The maximum developable area is 15 acres. The subdividing of property in this district shall conform to the county's subdivision rules and regulations. This section applies to the A2 district.

(b)

Permitted uses. The following uses are permitted in the A2 district:

(1)

Dwelling, single-family detached.

(2)

Accessory uses and structures, incidental to and on the same zoning lot as the principle use, as follows in addition to the accessory uses listed in general provisions:

a.

Garages and carports.

b.

Greenhouses and conservatories, private (noncommercial)

c.

Home occupations as defined in this chapter.

d.

Rural based service provider as regulated in the A1 district.

e.

Swimming pools and tennis courts, private (noncommercial).

f.

Toolhouses, sheds, and other similar buildings for the storage of domestic supplies.

g.

Temporary storage of building materials and equipment for on-site construction for a period not to exceed the duration of such construction.

h.

Temporary storage of boats, campers, motor homes, other types of recreational vehicles, and firewood, provided they are stored to the rear or side of the principle structure and being no closer than ten feet from the property line.

i.

Miscellaneous accessory structures including but not limited to satellite receiving dishes and play houses.

j.

Keeping of horses, excluding other livestock, as regulated in the general provisions of this chapter

k.

Keeping of exotic animals as regulated in subsection 121-99(c)(2) of this section.

(3)

Small wind energy systems provided the following are met:

a.

A small wind energy system shall not be permitted on any parcel that is less than 2.00 acres.

b.

There shall be no more than one small wind energy system located on a parcel.

c.

Small wind energy systems are only permitted as an accessory use to a principal structure, and in no case will a small wind energy system be permitted on a vacant parcel.

d.

Small wind energy systems shall only be permitted in a rear yard.

e.

Small wind energy systems are not permitted in any platted subdivision.

f.

Small wind energy systems may not be constructed within any recorded easements.

g.

The maximum permitted system height of a small wind energy system from average grade to the top of the blade shall be no more than 125 feet.

h.

Small wind energy systems shall be set back a distance equal to 110 percent of the system height from all adjacent property lines, third-party transmission lines, communication towers, and from occupied structures on the same parcel as the system. Additionally, a system must be a minimum distance equal to 150 percent of the system height from any dwelling inhabited by humans on neighboring property.

i.

The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be ten feet above the height of any structure within 50 feet of the base.

j.

Guy wires and anchoring systems shall extend no closer than 30 feet from an adjacent property line.

k.

The supporting tower shall also be enclosed with a six-foot-tall fence or the base of the tower shall not be climbable for a distance of 12 feet.

l.

Small wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority. Any required lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.

m.

Small wind energy systems, except as may be required by the FAA, shall be finished in either off-white, light gray, other neutral color, or a color as approved by the Kankakee County Planning Department, including the blades. The finish shall be flat or matte. The required coloration and finish shall be maintained throughout the life of the system.

n.

No small wind energy system shall have any advertising material, writing, picture, or signage other than warning, equipment identification or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including meteorological/weather devices.

o.

Small wind energy systems shall not exceed 60 dB(A), as measured at the closest property line. The level, however, may be exceeded during a short-term event such as utility outages and/or severe windstorms.

p.

Small wind energy systems shall not operate so as to cause microwave, television, radio, or navigation interference contrary to Federal Communication Commission regulations or other laws.

q.

Small wind energy systems shall comply with all applicable FAA and any other federal, state or local requirements. Nothing in these requirements is intended to preempt other applicable federal, state and local laws and regulations.

(c)

Special uses.

(1)

Reserved.

(d)

Lot size. There shall be a minimum lot size of two acres and a maximum lot size of 15 acres.

(e)

Lot width. Minimum lot width shall be 250 feet.

(f)

Lot coverage. Lot coverage shall not exceed 30 percent of the lot size.

(g)

Floor area ratio. Not to exceed 0.2.

(h)

Setback requirements. Setbacks shall be provided as follows (See general provisions for measuring setbacks):

(1)

Front: not less than 50 feet in depth;

(2)

Side: not less than 20 feet in width except a side adjoining a street-not less than 50 feet in width;

(3)

Rear: not less than 50 feet in depth.

(i)

Building height limitations. Not more than 2½ stories, or 35 feet, whichever is lower.

(j)

Off-street parking and loading. In accordance with regulations set forth in this chapter, no vehicle over one ton in capacity shall be parked or stored in this district unless in a completely enclosed building.

(k)

Signs. In accordance with the regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 7.00—7.10; Res. No. 2008-02-13-21, § 3(Exh. A), 2-13-2008; Res. No. 2019-03-12-47, § 3(Exh. A), 3-12-2019; Res. No. 2021-12-14-438, Exh. B, 12-14-2021)

(a)

Purpose and scope. The R1 residence district regulations are designed to conserve existing good residential areas and to regulate the efficient use and orderly development of vacant land designated for residential uses. This section applies to the R1 district.

(b)

Permitted uses.

(1)

Agriculture, on a lot not less than 20 acres in area.

(2)

Churches, temples, or synagogues, on a lot not less than three acres in area.

(3)

Dwelling, one single-family detached.

(4)

Golf courses, standard, provided no clubhouse or accessory building or open off-street parking spaces shall be nearer than 50 feet from a lot line adjoining a street or a Residence District boundary line, and 20 feet from an interior lot line.

(5)

Public parks, playgrounds and other recreational areas.

(6)

Schools, nonboarding, elementary, junior high and high, and accessory uses, buildings, and structures on a lot not less than three acres.

(7)

Home occupations as defined in this chapter.

(8)

Child care center within an occupied residence, not more than five children.

(9)

Roadside stands, for the sale of produce, live plants, and eggs grown and raised on or in the immediate area of the premises, and provided that:

a.

The property in which the stand is located shall be two acres or larger.

b.

The establishment of the roadside stand does not invalidate or violate any covenants or restrictions specified for a subdivision.

c.

The stand shall not contain more than 500 square feet of floor area or be higher than one story, and shall not exceed 17 feet in height. The roadside stand need not be in a stand-alone structure and can utilize a portion of a larger structure.

d.

The stand or produce on sale shall not be located nearer than 50 feet from a street or highway right-of-way line, except a temporary roadside stand may be within ten feet of a street or highway right-of-way line provided the stand shall be at such location only during the harvest season of garden products grown in the open on the premises.

e.

There shall be provided with each roadside stand facilities approved by the planning director for vehicular ingress and egress to such stand from and to the street or highway and adequate parking facilities off of the street or highway right-of-way for motor vehicles of the customers being served or waiting to be served.

f.

One on-site sign not exceeding 64 square feet on each side and not exceeding ten feet in height measured from average grade shall be permitted for roadside stands with the following requirements.

1.

Setback. No sign shall be erected nearer than ten feet from a right-of-way line adjoining a street and no nearer than five feet from an interior side or rear lot line. No sign shall be erected closer than ten feet from the edge of pavement or assumed edge of pavement of any point of ingress and egress.

2.

Type. Signs shall not be digital, flashing, or illuminated and shall not have any moving parts.

3.

Number. There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted. Signs located near intersections shall be in compliance with clear space requirements described in section 121-282(c) of this chapter.

4.

Off-site signage shall be in accordance with the provisions of this chapter as regulated herein.

(10)

Commercial wind energy facility on a lot not less than 20 acres as regulated herein.

(11)

Commercial solar energy facility on a lot not less than 20 acres as regulated herein.

(c)

Special uses. The following allowable special uses shall be permitted only in accordance with procedures, regulations and standards set forth in this chapter:

(1)

Ambulatory care center.

(2)

Bed and breakfast.

(3)

Boardinghouses.

(4)

Cemeteries, including crematories and mausoleums, on a lot not less than ten acres in area and provided no building shall be located less than 300 feet from a lot line.

(5)

Child care centers, not to exceed 12 children. Child care center within an occupied residence, not less than six children and not more than twelve children.

(6)

Clinic, inpatient.

(7)

Clubs and lodges (nonprofit), on a lot not less than five acres in area and provided that no buildings shall be located nearer than 50 feet from a lot line.

(8)

Community residential home.

(9)

Hospitals and sanitariums, on a lot not less than ten acres in area and provided no building shall be located nearer than 150 feet from a lot line.

(10)

Private parks, playgrounds, recreation areas.

(11)

Private landing strips or fields, and heliports.

(12)

Public service uses, as permitted in the agriculture district herein.

(13)

Residential uses.

a.

Duplexes.

b.

Multiple-family dwellings, on a lot initially under single ownership and control containing at least two acres in area and which has at least 250 feet of frontage on a road. All multiple-family dwellings shall be served by central sewer and water facilities. Minimum size shall be 700 square feet per dwelling unit.

c.

Single-family detached dwellings on lots greater than two acres in area.

(14)

Substance abuse center.

(15)

Adaptive reuse. The repurposing of existing structure to a new use that is different from that which its design reflects in the R1 single-family residential district.

a.

The property must contain an existing structure(s) that were devoted to a nonresidential use, special use, or long term nonconforming use that are no longer used for that particular use.

b.

The applicant must demonstrate that a viable residential use for the property could not be found.

c.

The applicant must demonstrate the need for the new use and how the use will complement the site and surrounding area.

d.

The applicant must demonstrate that the new use will not impact the neighborhood or the public's health, safety or welfare in a negative way

e.

The property must comply with all other ordinances and codes.

(d)

Temporary uses. Carnivals, circuses, and other similar uses as recommended by the zoning board of appeals and approved by the county board, for a period not to exceed 30 days, provided, that no lot used for such a purpose shall be located nearer than 500 feet from an existing dwelling, and further provided that all operations shall conform with the performance standards, measured at the lot line, as set forth in the I1 industrial district.

(e)

Lot area and width.

(1)

Lot area and width of single-family detached dwelling units shall be as follows:

a.

Not less than 30,000 square feet and not more than two acres with a lot width of not less than 120 feet when served with individual sewerage disposal systems and individual wells. However, if the percolation test rate in inches per hour is more than two, the lot size may be reduced to 20,000 square feet and the lot width to 100 feet.

b.

Not less than 15,000 square feet and not more than two acres with a lot width of not less than 90 feet when served by a public or community water system and an individual sewage disposal system.

c.

Not less than 12,000 square feet and not more than two acres with a lot width of not less than 80 feet when served by a public or community sewerage system and an individual well.

d.

Not less than 9,000 square feet and not more than two acres with a lot width of not less than 70 feet when served by a public or community sewerage and water system.

(2)

For duplexes:

a.

Not less than one acre in size and a lot width of not less than 150 feet when served with one individual sewerage disposal system for both units and individual wells.

b.

Not less than one acre in size and a lot width of 150 feet when served by individual sewerage disposal systems for each unit and individual wells.

c.

Not less than 36,000 square feet in size and a lot width of 150 feet when served by a public or community water system and one individual sewerage disposal system for both units.

d.

Not less than 36,000 square feet in size and a lot width of 150 feet when serviced by a public or community water system and individual sewerage disposal systems for each unit.

e.

Not less than 12,000 square feet in size and a lot width of 80 feet when served by a public or community sewage and water system.

(3)

Other permitted and special uses: not less than one acre unless otherwise specified.

(f)

Floor area ratio. Ratio not to exceed 0.2.

(g)

Lot coverage. Lot coverage shall not exceed 30 percent of the lot size.

(h)

Height. Height shall be not more than 2½ stories, or 35 feet, whichever is lower.

(i)

Setback requirements. Except as otherwise regulated herein for a specific permitted use or special use, setbacks shall be provided as follows (See general provisions for measuring setbacks):

(1)

Front: not less than 30 feet in depth;

(2)

Side: not less than six feet in width except a side adjoining a street, not less than 30 feet in width;

(3)

Rear: not less than 40 feet in depth.

(j)

Off-street parking and loading.

(1)

In accordance with regulations set forth in this chapter.

(2)

No vehicle over one ton capacity shall be parked or stored in this district.

(k)

Signs. Shall be in accordance with the regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 8.00—8.10; Res. No. 99-5-11-075, §§ I, VII(3), 5-11-1999; Res. No. 02-07-09-566, § IV, 7-9-2002; Res. No. 2006-04-11-81, §§ 8.02—8.04, 4-11-2006; Res. No. 221-10-12-374, § 3(Exh. A), 10-12-2021; Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023; Res. No. 2024-05-14-76, 5-14-2024)

(a)

Intent. The R2 district is intended for certain areas of relatively small lot sizes to afford the opportunity, for all segments of the population, to place single-family detached housing. The use of land in this district is limited primarily to relatively high density residential uses. This district shall be located within 1½ miles of a municipality and all uses shall be served by municipal sewerage and water. This section applies to the R2 district.

(b)

Permitted uses. The following uses are permitted in the R2 district:

(1)

Dwelling; single-family detached; on a lot containing at least 8,000 square feet with a lot width of 70 feet.

(2)

Mobile-type manufactured homes - on a lot containing at least 8,000 square feet with a lot width of 70 feet, provided said home is placed on a continuous footing and foundation in accordance with chapter 105, or on a pier system, approved by the Planning Department, which supports the exterior walls of the structure and the center beam. The approved pier system shall extends below the frost line so as not to shift or settle unevenly under the weight of a manufactured home or other forces due to frost, vibration, wind or water. The home shall have a minimum of a 4/12 pitch roof, and commercial grade skirting.

(3)

Parks, playgrounds and other recreational areas, public.

(4)

Home occupations as defined in this chapter.

(5)

Child care center within an occupied residence, not more than five children.

(c)

Special uses. The following special uses may be allowed in the R2 district, provided they are served by municipal sewer and water:

(1)

Child care centers: Child care center within an occupied residence, not less than six children and not more than twelve children.

(2)

Churches, temples, synagogues.

(3)

Duplexes, on a lot containing at least 12,000 square feet with 100 feet of lot width.

(4)

Golf, and other outdoor recreation.

(5)

Manufactured home parks provided they meet the minimum requirements listed below:

a.

General requirements:

1.

Name and address of applicant.

2.

Location and legal description of the proposed manufactured home park.

3.

Plans and specifications of the proposed manufactured home park development including but not limited to the following:

i.

A map indicating the area and dimensions of the tract of land;

ii.

The number, location and size of all manufactured home sites;

iii.

The location and width of all public and private streets, roadways and walks;

iv.

The location of all water, storm sewer and sanitary sewer lines, water supply, and refuse and sewage disposal facilities;

v.

All buildings existing or to be constructed within the manufactured home park;

vi.

The location of internal lighting and electrical systems;

vii.

Location of recreational and retention facilities.

b.

Development standards for manufactured home parks:

1.

General provisions.

i.

No manufactured home park shall be located in an area, where the conditions of soil, groundwater level, drainage or topography may cause hazard to the property, health or safety of the occupants.

ii.

No manufactured home park shall be located such that it is exposed to objectionable smoke, dust, noise, odors, vibrations or other adverse influences.

iii.

Ingress and egress to a manufactured home park shall be provided in such a manner to facilitate access by emergency vehicles, and should be designed to provide efficient and safe traffic circulation in the vicinity.

iv.

No part of any manufactured home park shall be used for non-residential purposes except accessory uses that are required to directly serve manufactured home park residents and for management and maintenance of the manufactured home park.

v.

No manufactured home park shall contain an area of less than ten acres nor less than 20 manufactured home sites provided, however, that manufactured home parks in existence on the effective date of the ordinance from which this chapter is derived having a total area or number of manufactured home sites less than herein prescribed may continue to operate. Existing manufactured home parks may be altered to bring such parks into conformity with this chapter. However, no additions or alterations may be made to any existing manufactured home park unless such additions or alterations are in conformity with this chapter and unless the total area of the manufactured home park, with such additions or alterations, consists of at least three acres or 24 manufactured home sites and provided further that such additions or alteration to any manufactured home park shall contain not more than four manufactured home sites for each gross acre of land.

2.

Required setbacks and screening for manufactured home park exterior boundary.

i.

All manufactured homes shall maintain the following setbacks from manufactured home park boundaries facing public streets:

(A)

State or U.S. highways or major streets: 50 feet.

(B)

County highways or collector streets: 50 feet.

(C)

Township road or minor streets: 30 feet.

ii.

There shall be minimum side and rear yards of 50 feet.

iii.

All manufactured home parks shall be provided with visual screening such as fences or berming, as approved by the county board, along all boundary lines abutting existing public rights-of-way, residential, commercial or industrial development. Such fences or berming shall be of sufficient height and density to adequately filter from view the manufactured homes, accessory structures and other uses in the manufactured home park.

3.

Not less than six percent of the gross site area of the manufactured home park shall be devoted to recreational facilities. Such facilities shall be centrally located on the site and readily accessible to all manufactured home occupants. Open recreational areas may include park space, play lots, swimming pools. Recreation areas may be decentralized provided that no single parcel of outdoor recreation space contains less than 6,000 square feet nor has a minimum average width of less than 70 feet. Retention and detention areas shall not be considered recreational facilities.

4.

Manufactured home site requirements.

i.

The limits of each manufactured home site shall be designated in accordance with the approved plan required by this chapter.

ii.

All manufactured homes shall maintain the following minimum setbacks from the boundaries of its manufactured home site:

(A)

The minimum distance between the manufactured home and the front site boundary adjacent to private streets or roads shall be 20 feet.

(B)

The minimum interior side setback shall be six feet and the minimum distance between the entrance side of the manufactured home and the manufactured home site boundary shall be 20 feet.

(C)

The minimum rear setback shall be a minimum of ten feet.

iii.

In no case, however, shall a manufactured home site consist of an area of less than 7,000 square feet and it shall be a minimum of 70 feet wide.

iv.

Each manufactured home shall be placed on a continuous footing and foundation, in accordance with the County Building Code, or on a pier system, approved by the Planning Department, which supports the exterior walls of the structure and the center beam. The approved pier system shall extend below the frost line so as not to shift or settle unevenly under the weight of a manufactured home or other forces due to frost, vibration, wind or water.

v.

Each manufactured home site shall be provided with an outdoor living space to supplement the interior living space of the manufactured home. This outdoor living space must be paved monolithically or constructed of masonry or concrete moveable units placed sufficiently close together to create a single usable surface. The area of outdoor living space shall be a minimum of 160 square feet with a minimum dimension of eight feet.

vi.

The space between grade and the manufactured home floor shall be enclosed with noncombustible skirting. The area thereby enclosed may be used for storage of ordinary household objects and material.

vii.

A minimum of two improved off-street paved parking spaces shall be provided for each manufactured home site.

5.

Street requirements.

i.

All manufactured home parks shall be provided with adequate safe and convenient vehicular access from abutting public streets.

ii.

Public street dedications within or abutting manufactured home parks shall be made in accordance with the subdivision regulations.

iii.

Entrance drive into manufactured home parks shall have direct access to a public street and shall be designed to have free traffic flow onto such public streets. No parking or manufactured home lot access driveway shall be permitted off an entrance drive for a distance of 50 feet from a public right-of-way.

iv.

The internal private and/or public street system serving manufactured home sites shall provide convenient circulation by means of minor streets and properly located collector public streets. Cul-de-sac streets shall be limited to a length of 300 feet.

v.

Minimum pavement widths for private streets shall be in accordance with the county's subdivision regulations. All dimensions are exclusive of parking areas.

vi.

With respect to paving materials, curbs and gutters, grading, intersections, off sets, and radii of curvature, the provisions of the subdivision ordinance shall apply to private streets.

vii.

Parking spaces perpendicular to private streets shall not be located within the required pavement width. Parallel parking on one side of a minor street is permitted provided the required 24 feet of pavement remains unobstructed for travel.

6.

Street lighting.

i.

Street lights shall be designed to produce a minimum of 0.1 footcandle throughout the street system. Potentially hazardous locations such as intersections, major pedestrian crossings, and portions of streets abutting service buildings and recreation areas shall be illuminated with a minimum of 0.3 footcandle.

ii.

All gas or electric service to the street lighting system shall be located underground.

7.

Pedestrian walkways.

i.

Individual walks to each manufactured home stand from paved streets or parking areas are required and shall be a minimum of two feet in width.

ii.

Common walks are required throughout the manufactured home park and shall be a minimum of four feet in width.

iii.

Individual and common walks shall be paved monolithically or constructed of masonry or concrete moveable units placed sufficiently close together to create a uniform surface. Individual walks shall not be less than two feet in width. Common walks shall not be less than four feet in width.

iv.

No walk shall be used as a drainageway. Sudden changes in alignment and gradient shall be avoided.

c.

Utilities and required services:

1.

Water supply and distribution systems:

i.

All manufactured homes shall be furnished with a municipal public supply of water.

ii.

All other applicable minimum requirements of the state department of public health must be met.

2.

Sewage systems:

i.

All manufactured homes shall be supplied with a municipal public sewerage collection system.

ii.

All other applicable minimum requirements of the state department of public health must be met.

d.

Solid waste disposal:

1.

All refuse shall be stored in watertight containers located on each manufactured home site or within 150 feet thereof.

2.

Refuse shall be collected regularly and transported to a disposal site in compliance with state law. Incineration of any refuse or vegetation within a manufactured home park is prohibited.

3.

All other applicable minimum requirements of the state department of public health must be met.

e.

Electrical distribution system:

1.

Electrical installations in manufactured home parks shall conform to the National Electrical Code, latest edition.

2.

The electrical distribution system in all manufactured home parks shall be underground.

3.

Manufactured home site feeder circuits shall be rated for a capacity of not less than 100 amperes of 120/240 volts. Additional secondary receptacles of not less than 50 amperes each may be provided at manufactured home sites.

4.

The total load for a manufactured home park shall be calculated on the basis of 16,000 watts per manufactured home site. The minimum allowable demand factors which may be used in calculating load on feeders and service are as follows:

f.

Telephone service and television systems:

1.

All telephone service to manufactured homes shall be underground.

2.

Distribution of master television antenna service to manufactured home sites shall be underground.

g.

Fire protection:

1.

Manufactured home parks shall be kept free of all litter, rubbish or other accumulated flammable materials.

2.

Approved fire hydrants shall be located throughout the manufactured home park and shall be located not more than 500 feet from any manufactured home. The hydrants shall deliver a minimum of 75 gallons of water per minute at a pressure of 20 pounds per square inch at the highest elevation point of the manufactured home park.

3.

Fire extinguishers shall be provided in accordance with the state department of public health requirements.

4.

All manufactured home parks shall provide the following community facilities:

i.

A management office;

ii.

Management storage facilities.

5.

Other facilities as may be required by state statutes.

(6)

Multiple-family dwellings on a lot initially under single ownership and control containing at least one acre in area and which has at least 150 feet of frontage on a road. Density shall be one unit for every 4,000 square feet of lot area.

(7)

Planned unit developments.

(8)

Public safety buildings.

(9)

Public and private schools.

(d)

Lot size. Unless otherwise noted, the minimum lot area shall be in accordance with bulk requirements and off-street parking and loading requirements.

(e)

Lot width. Unless otherwise noted, minimum lot width shall be 150 feet.

(f)

Lot coverage. Lot coverage shall not exceed 40 percent of the lot size.

(g)

Floor area ratio. Not to exceed 0.2.

(h)

Setback requirements. Except as otherwise regulated herein for a specific permitted use or special use, setbacks shall be provided as follows (See general provisions for measuring setbacks):

(1)

Front: not less than 20 feet in depth;

(2)

Side: not less than six feet in width except a side adjoining a street; not less than 20 feet in width;

(3)

Rear: not less than 25 feet in depth.

(i)

Building height limitations. Not more than 2½ stories, or 35 feet, whichever is lower.

(j)

Off-street parking and loading.

(1)

In accordance with regulations set forth in this chapter.

(2)

No vehicle over one ton in capacity shall be parked or stored in this district.

(k)

Signs. Shall be in accordance with the regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 8.11—8.22; Res. No. 99-5-11-075, § IV, 5-11-1999; Res. No. 02-07-09-566, § IV, 7-9-2002; Res. No. 2006-04-11-81, §§ 8.11, 8.14, 4-11-2006)

(a)

Purpose. The RE rural estate residence district is intended to promote low density residential uses of a semirural character. This district is located in areas of existing large lot development and/or in areas of natural beauty where maximum open space preservation is desired. This section applies to the RE district.

(b)

Permitted uses. The following uses are permitted in the RE district:

(1)

Dwelling, single-family detached.

(2)

Accessory uses and structures, incidental to and on the same zoning lot as the principle use, as follows in addition to the accessory uses listed in general provisions:

a.

Garages and carports.

b.

Greenhouses and conservatories, private (noncommercial).

c.

Home occupations as defined in this chapter.

d.

Swimming pools and tennis courts, private (noncommercial).

e.

Toolhouses, sheds, and other similar buildings for the storage of domestic supplies.

f.

Temporary storage of building materials and equipment for on-site construction for a period not to exceed the duration of such construction.

g.

Temporary storage of boats, campers, motor homes, other types of recreational vehicles, and firewood allowed, to the rear or side of the principle structure and being no closer than ten feet from the property line.

h.

Miscellaneous accessory structures including but not limited to satellite receiving dishes and playhouses.

i.

Keeping of horses, excluding other livestock, as regulated in the general provisions of this chapter.

j.

Keeping of exotic animals as regulated in subsection 121-99(c)(2).

k.

Child care center within an occupied residence, not more than five children.

(c)

Special uses. The following special uses may be allowed in the RE district:

(1)

Bed and breakfast.

(2)

Cemeteries.

(3)

Child care centers: Child care center within an occupied residence, not less than six children and not more than twelve children.

(4)

Churches, temples, synagogues.

(5)

Convents, monasteries, seminaries.

(6)

Golf, and other outdoor recreation.

(7)

Private landing strips.

(8)

Public safety buildings.

(9)

Public and private schools, parks, playgrounds.

(10)

Quasi-public uses, retreat houses, conference centers.

(d)

Lot size. Minimum lot size of one acre.

(e)

Lot width. Minimum lot width shall be 150 feet.

(f)

Lot coverage. Lot coverage shall not exceed 30 percent of the lot size.

(g)

Floor area ratio. Not to exceed 0.2.

(h)

Setback requirements. Except as otherwise regulated herein for a specific permitted use or special use, setbacks shall be provided as follows (See general provisions for measuring setbacks):

(1)

Front: not less than 50 feet in depth.

(2)

Side: not less than 20 feet in width except a side adjoining a street, not less than 50 feet in width.

(3)

Rear: not less than 50 feet in depth.

(i)

Building height limitations. Not more than 2½ stories, or 35 feet, whichever is lower.

(j)

Off-street parking and loading:

(1)

Shall be in accordance with regulations set forth in this chapter.

(2)

No vehicle over one ton in capacity shall be parked or stored in this district unless in a completely enclosed building.

(k)

Signs. Shall be in accordance with the regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 9.00—9.11; Res. No. 2006-04-11-81, §§ 9.02, 9.03, 4-11-2006)

The commercial district regulations are designed to provide for the establishment of compatible, shopper-type business uses at locations which provide convenient shopping facilities for persons residing in nearby residential areas; the establishment of service business and commercial uses which, due to their specialized scope of services and methods of operation, are permitted uses only in this district; and the establishment at other locations of major business centers which serve a larger consumer population within the county's trade area so that a wide variety of business uses may be provided within the county for both daily and occasional shopping.

(Zoning Ordinance 1996, § 10.01)

(a)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(b)

A dwelling unit or lodging room is permitted as an accessory use in the principle building and such dwelling unit or lodging room shall be occupied only by the proprietor, manager, or watchman of the principle use and his family.

(c)

The conduct of business, service, or processing shall be within completely enclosed buildings, except for off-street parking or loading.

(d)

All commercial activities involving the production, processing, cleaning, servicing, testing, or repair of materials, goods, or products shall conform with the performance standards set forth herein in the I1 industrial district, provided that performance standards shall in every case be applied at the boundaries of the lot on which any such activities take place.

(e)

The parking of trucks as an accessory use in the conduct of a permitted business shall be limited to vehicles of not over 1½ tons capacity when the business is located within 150 feet of a Residence district boundary line.

(f)

All business, storage, servicing, or processing shall be conducted within completely enclosed buildings, with the following exceptions:

(1)

Storage auxiliary to the principle use is permitted in the open, if it occupies not more than 20 percent of the gross lot area.

(2)

Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles.

(3)

Storage of merchandise on display for sale to the public is unrestricted.

(4)

Off-street parking and loading.

(5)

Amusement parks.

(g)

Where any use which is not within a completely enclosed building abuts the side or rear lot line of a lot in a Residence district or is separated from a Residence district only by an alley along a side or rear lot line, such use shall be effectively screened from such Residence district by a solid wall, fence or screen (including solid entrance and exit gates) at least six feet in height, extending along such rear or side lot lines which fence should be reasonably attractive and compatible with the presence of the Residence district. (See also section 121-285.)

(Zoning Ordinance 1996, § 10.02)

(a)

Scope and permitted uses. This section applies to the C1 district. Permitted uses are as follows:

(1)

Ambulatory care center.

(2)

Antique shops.

(3)

Art and school supply stores.

(4)

Art galleries.

(5)

Banks and financial institutions.

(6)

Barbershops and beauty parlors.

(7)

Book and stationery stores.

(8)

Bus stations.

(9)

Business machine sales and service.

(10)

Camera and photographic supply stores.

(11)

Candy and ice cream stores.

(12)

Carpet and rug stores.

(13)

Child care centers, not to exceed 35 children.

(14)

China and glassware stores.

(15)

Churches, chapels, temples, and synagogues.

(16)

Clothes pressing establishments.

(17)

Coin and philatelic stores.

(18)

Computer equipment, parts, supplies, sales and service.

(19)

Convenience stores.

(20)

Custom dressmaking.

(21)

Delicatessens.

(22)

Department stores.

(23)

Drugstores.

(24)

Dry cleaning and laundry receiving stations.

(25)

Florist shops and conservatories.

(26)

Foodstores, grocery stores, meat markets, fish markets, and bakeries.

(27)

Frozen food stores, including locker rental in conjunction therewith.

(28)

Fruit and vegetable sales.

(29)

Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principle use.

(30)

Furrier shops, including the incidental storage and conditioning of furs.

(31)

Garden supply and seed stores.

(32)

Gift shops.

(33)

Haberdasheries.

(34)

Hardware stores.

(35)

Hobby shops, for retail of items to be assembled or used away from the premises.

(36)

Household appliance stores, including radio and television sales and accessory servicing and repairing of such commodities sold on the premises.

(37)

Interior decorating shops, including upholstering and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the principle use.

(38)

Jewelry stores, including watch repair.

(39)

Laundry and dry cleaning establishments, coin-operated, self service only, or hand laundries, employing not more than two persons in addition to one owner or manager.

(40)

Leather goods and luggage stores.

(41)

Liquor stores, package.

(42)

Medical and dental clinics.

(43)

Millinery shops.

(44)

Musical instrument sales and repair.

(45)

Offices, business and professional.

(46)

Office supply stores.

(47)

Optician sales, retail.

(48)

Paint and wallpaper stores.

(49)

Photo finishing service.

(50)

Photography studios, including the developing of film and pictures, when conducted as part of the retail business on the premises.

(51)

Picture framing, when conducted for retail trade on the premises only.

(52)

Post offices.

(53)

Public service uses:

a.

Electric substations and distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Railroad passenger stations.

f.

Railroad rights-of-way, but not including railroad yards and shops.

g.

Telephone exchanges telephone transmission equipment buildings, and micro-wave relay towers.

h.

Waterworks, reservoirs, pumping stations, and filtration plants.

(54)

Records, tapes, compact disc & sheet music stores.

(55)

Restaurants, including the serving of alcoholic beverages if incidental to the serving of food as the principle activity, but not including live entertainment or dancing.

(56)

Satellite equipment sales and service.

(57)

Sewing machine sales and service, household appliances only.

(58)

Shoe stores.

(59)

Signs, as regulated herein.

(60)

Sporting goods stores.

(61)

Tailor shops.

(62)

Taverns, not featuring live entertainment or dancing.

(63)

Telephone booths, outdoor.

(64)

Ticket agencies, amusement.

(65)

Tobacco shops.

(66)

Toy shops.

(67)

Travel bureaus and transportation ticket offices.

(68)

Variety stores.

(69)

Vending machines.

(70)

Video tape and disc rental sales.

(71)

Water system, individual.

(72)

Wearing apparel shops.

(73)

Accessory uses, incidental to, and on the same lot as a principle use.

(74)

Billboards.

(b)

Special uses. The following allowable special uses shall be permitted only in accordance with procedures, regulations and standards set forth in this chapter:

(1)

Other uses similar to the above permitted uses.

(2)

Automobile service stations, for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies-including installation and minor services customarily incidental thereto; facilities for washing if not more than two vehicles are permitted only if enclosed in building.

(3)

Marinas and boat landing facilities for passenger boats only.

(4)

Parking lots, open and other than accessory, for the storage of motor vehicles of not over 1½ tons capacity.

(5)

Cannabis dispensing facility.

(c)

Lot area. Minimum lot area shall be in accordance with bulk, off-street parking and loading requirements of the district and as specifically required for a special use.

(d)

Lot width. Minimum lot width of 80 feet shall be provided for each lot used for a permitted or special use.

(e)

Setbacks. C1 setbacks (See general provisions for measuring setbacks)

(1)

Front: not less than 40 feet in depth.

(2)

Side:

a.

not less than five feet in width.

b.

On a corner lot, a side yard adjoining a street shall be not less than 40 feet in width, except if a corner lot is a record prior to the effective date of the ordinance from which this chapter is derived and is not wide enough to provide a yard of such width and leave remaining a buildable width of 30 feet, then such side yard may be reduced by the distance necessary to leave such buildable width.

(3)

Rear: not less than 20 feet in depth.

(4)

Transitional yards, along a side lot line which coincides with a side or rear lot line of a lot in a residence district, the side yard shall be equal in width to the minimum side yard required for a lot in the residence district, and when an alley separates such lots, the side yard for the lot in the business district shall be not less than five feet in width. When a building or structure on a lot in the business district exceeds 30 feet in height, such a side yard as required above shall be increased by two feet in width for each one foot of building height over 30 feet.

(f)

Floor area ratio. Not to exceed 1.0.

(g)

Off-street parking and loading. In accordance with regulations set forth in the applicable sections of this chapter.

(h)

Signs. In accordance with regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 10.03—10.08; Res. No. 02-07-09-566, § V, 7-9-2002; Res. No. 2006-04-11-81, § 10.03, 4-11-2006; Ord. No. 2019-10-08-166, § 3(Exh. A), 10-8-2019; Res. No. 2021-11-09-408, § 3(Exh. A), 11-9-2021)

(a)

Scope and permitted uses. This section applies to the C2 district. Permitted uses are as follows:

(1)

Amusement establishments, bowling alleys, pool halls, gymnasiums, skating rinks, shooting galleries, and similar uses.

(2)

Amusement parks, including permanent carnivals, kiddie parks, golf driving ranges, par 3 and miniature golf courses, and other similar outdoor amusement facilities.

(3)

Animal hospitals.

(4)

Auction rooms.

(5)

Automobile accessory stores.

(6)

Automobile service stations, for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation of minor services customarily incidental thereto; facilities for wasting of not more than two vehicles are permitted only if enclosed in a building.

(7)

Bakeries, including the sale of bakery products to restaurants, hotels, and other similar establishments when conducted as part of the retail business on the premise.

(8)

Bicycle sales, rental and repair stores.

(9)

Blueprinting and photostating establishments.

(10)

Boat liveries.

(11)

Boat sales, rentals, storage, and repair including the sales of boat fuels.

(12)

Building material sales-for retail sales of dimension lumber, millwork, cabinets, and similar building materials but not including processing or manufacture of millwork.

(13)

Bus stations and terminals.

(14)

Cartage and express facilities.

(15)

Catering establishments.

(16)

Child care centers over 35 children.

(17)

Clinic, outpatient.

(18)

Clubs and lodges (nonprofit).

(19)

Contractors' or construction offices and shops, without outside storage.

(20)

Convention halls and meeting halls.

(21)

Crematories.

(22)

Dry cleaning plants and laundries with no limitation on number of employees.

(23)

Equipment sales.

(24)

Exhibition halls.

(25)

Exterminating shops.

(26)

Farm implement and machinery sales.

(27)

Feed, fertilizer, and seed sales.

(28)

Flea markets.

(29)

Fuel, for retail sale of coal and other solid fuels and oil and other liquid fuels, provided such liquid fuels in excess of 120 gallons are stored in underground tanks, excluding IEPA aboveground storage.

(30)

Grain elevators.

(31)

Greenhouses, retail.

(32)

Grocery stores.

(33)

Health, exercise & physical fitness clubs and spas.

(34)

Hotels and motels.

(35)

Ice retail establishment.

(36)

Laboratories, medical and dental.

(37)

Laundry and dry cleaning establishments.

(38)

Linen, towel diaper, and other similar supply services.

(39)

Live bait stores.

(40)

Locksmith shops.

(41)

Machinery sales.

(42)

Mail order houses.

(43)

Marinas or boat landing facilities for passenger boats only.

(44)

Model homes or garage displays.

(45)

Monument sales.

(46)

Motor vehicle sales.

(47)

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

(48)

Packing and crating establishments.

(49)

Parking lots, open for storage of motor vehicles of not over 1½ tons capacity.

(50)

Pawnshops.

(51)

Pet shops.

(52)

Philanthropic and eleemosynary institutions.

(53)

Pools, hot tubs, and spa sales and service.

(54)

Printing and publishing establishments.

(55)

Radar installations and towers.

(56)

Radio and television studios stations, and towers, transmitting and receiving.

(57)

Recording studio.

(58)

Recycling facilities (see also general provisions) with the following:

a.

Reverse vending machines.

b.

Small collection facility.

(59)

Restaurants, regularly featuring live entertainment and dancing.

(60)

Riding academies.

(61)

Schools, commercial or trade, subject to the provisions of the performance standards set forth herein the I1 industrial district.

(62)

Schools, music, dance, or business.

(63)

Secondhand stores and rummage shops.

(64)

Stadiums, auditoriums and arenas, open or enclosed.

(65)

Taverns, regularly featuring live entertainment and dancing.

(66)

Taxidermists.

(67)

Theaters, indoor.

(68)

Trailer sales and rental, for use with private passenger motor vehicles.

(69)

Undertaking establishments and funeral parlors.

(70)

Billboards.

(b)

Special uses. The following allowable special uses shall be permitted only in accordance with procedures, regulations and standards set forth in this chapter:

(1)

Automobile laundries, on a lot not less than 20,000 square feet in area and not less than 100 feet in width.

(2)

Clinic, inpatient.

(3)

Fairgrounds and race tracks of all kinds, including grandstand seating and other accessory uses customarily incidental thereto; provided, that they are located no nearer than 200 feet from residence district boundary lines and commercial and organized activity areas, buildings, structures, off-street parking and other service uses are set back at least 50 feet form any street line, and 100 feet from any side or rear lot line.

(4)

Hospitals, on a lot not less than ten acres and provided no building shall be located nearer than 100 feet from a lot line.

(5)

Kennels, on a lot not less than 20,000 square feet in area, and not less than 100 feet in width provided no buildings or structures are located nearer than 100 feet from a lot line adjoining a residence district.

(6)

Miniature automobile tracks, on a lot not less than one acre in area and not less than 200 feet in width provided no buildings or structures are located nearer than 100 feet from a lot line adjoining a residence district.

(7)

Theaters, drive-in, provided, that vehicular entrance and exit points are on streets or thoroughfares located within a business or manufacturing district and traffic control regulation, either by traffic signal lights or other means, is provided. Any building or structure, including an enclosing fence or wall, shall be set back not less than 40 feet from a property line adjoining a street or a residence district boundary line and not less than 20 feet from other property lines. Artificial lighting shall be arranged in such a manner that rays of light shall not beam directly upon adjoining properties and streets. Off-street reservoir parking spaces, equal in number to ten percent of the vehicle capacity of the theater shall be provided for.

(8)

Tourist park, on a lot not less than five acres and a minimum individual site area of 1,500 square feet. A development plan and specifications shall be approved prior to construction by the committee of the county board having jurisdiction. Such plan shall set forth the size and spacing of campsites, the roadway system, soils and drainage, parking at each campsite plus one space for every two sites at another location water supply and sewage disposal and accessory uses which may include recreational facilities, the sale of convenience goods and services for the park occupants and the sale of camping trailers, travel trailers and recreational vehicles.

(9)

Planned unit developments.

(10)

Substance abuse center.

(11)

Others uses similar to the above permitted uses.

(12)

Cannabis dispensing facility.

(c)

Lot area. As in the C1 restricted commercial district.

(d)

Lot area. As in the C1 restricted commercial district.

(e)

Setbacks. As in the C1 restricted commercial district.

(f)

Floor area ratio. Not to exceed 1.2.

(g)

Signs. In accordance with regulations set forth in the applicable sections of this chapter.

(h)

Off-street parking and loading. In accordance with regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 10.09—10.15; Res. No. 99-5-11-075, § VII(1), 5-11-1999; Res. No. 2006-04-11-81, § 10.09, 4-11-2006; Ord. No. 2019-10-08-166, § 3(Exh. A), 10-8-2019; Res. No. 2021-11-09-408, § 3(Exh. A), 11-9-2021)

The regulations for industrial districts are designed to provide for the establishment of a full range of industrial and allied activities and to govern their operations in a manner that will not have a deleterious effect on agricultural, residential, business and commercial areas. It is essential that there be adequate provisions for the expansion of industry existing today and for attracting a diversification of new industry. Adequate industrial sites and industrial expansion will create growth and development of the county's economic and tax base and provide a variety of employment for its labor force.

(Zoning Ordinance 1996, § 11.01)

(a)

Where an industrial district is within 500 feet of a residence district boundary line, all operations for establishments engaged in production, processing, assembly, disassembly, cleaning, servicing, testing, repairing, or storing of materials, goods, or products shall be within completely enclosed buildings, except for open off-street parking spaces for motor vehicles in operable condition and outdoor accessory storage, provided such outdoor storage is effectively screened from the residential districts by a solid wall, uniformly painted solid fence or chainlink metal fence with dense plantings of trees and shrubs, and open storage is not of a greater height than that of the enclosing fence or wall. Any solid fence shall be reasonably attractive and compatible with the presence of the residence district.

(b)

Where an industrial district adjoins a residence district, the operations of an establishment engaged in production, processing, assembly, disassembly, cleaning, servicing, testing, repairing, and/or storing of materials, goods, or products shall be not less than 200 feet from the boundary of the residence district, except:

(1)

One-story office buildings need not be setback more than 80 feet from any residence district boundary line;

(2)

Where a railroad right-of-way separates an industrial district from a residence district, such operations shall not be closer than 40 feet from the residence district boundary line, provided the height of buildings or uses does not exceed one-half the distance between such buildings or uses and the residence district boundary line; and

(3)

Open off-street parking spaces and off-street loading berths as accessory to permitted or special uses shall not be closer than 20 feet from the residence district boundary line.

(Zoning Ordinance 1996, § 11.02)

(a)

General. Any use established in the I1 and I2 district after the effective date of the ordinance from which this chapter is derived shall be so operated as to comply with the performance standards governing:

(1)

Noise;

(2)

Vibration;

(3)

Air pollution.

a.

Visual emissions;

b.

Particulate matter emissions;

c.

Fugitive particulate matter emissions;

d.

Odorous matter;

e.

Airborne toxic matter;

(4)

Toxic substances;

(5)

Fire and explosive hazards;

(6)

Glare and heat.

No use already established on the effective date of the ordinance from which this chapter is derived shall be altered, enlarged or otherwise modified so as to conflict with, or further conflict with, the applicable performance standards established hereinafter for the district in which such use is located.

(b)

Noise.

(1)

Measurement techniques. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards referenced. Measurement techniques shall be conducted in accordance with the state Pollution Control Board Regulations Parts 900, 901, and 951.

(2)

Exceeding designated octave bands. At no point on the boundary of a residential zoned district or commercial zoned district shall the sound pressure level of any operation or plant (other than background noises not directly under the control of the manufacturer) exceed the decibel limits in the octave bands designated in table 1 of this section.

Table 1

(3)

Impulsive sound. No person shall cause or allow the emission of impulsive sound from any noise source located in any industrial district to transgress into any residential district and along any adjacent lot which exceeds the allowable dB(A) sound level specified in table 1 of this section, when measured at any point within such residential district, or adjacent lot, provided however, that no measurement of sound levels shall be made less than 25 feet from the noise source.

Table 2

(4)

Prominent discrete tones.

a.

No use shall cause or allow the emissions of any prominent discrete tone from any noise source located in any industrial district to transgress into any residential district, provided however, that no measurement of one-third octave band sound pressure levels shall be made less than 25 feet from such noise source.

b.

This rule shall apply to prominent discrete tones having a one-third octave band sound pressure level ten or more dB below the allowable octave band sound pressure level specified in the applicable table in this section for the octave band which contains such one-third octave band.

(5)

Exemptions. The following uses and activities shall be exempt from the noise regulations of sections B.2, B.3, and B.4:

a.

Sound emitted from emergency warning devices and unregulated safety relief valves.

b.

Sound emitted from lawn care maintenance equipment and snow blowers and similar snow removal equipment used during daytime hours.

c.

Sound emitted from equipment being used for temporary construction during daytime hours.

d.

Sound from vehicles entering and leaving the property except sound emitted from trucks and vehicles under the control of the property user and/or owner. Examples of sound from such vehicles and trucks not either entering or leaving the premises are idling engineers and trailer mounted refrigeration units.

e.

Sound emitted by agricultural field machinery used except during nighttime hours.

f.

Sound emitted by temporary emergency electrical generators used during daytime hours. The exemption does not apply to the sound emitted by permanently installed and/or hard-wired emergency electrical generators.

(c)

Vibrations.

(1)

Controlling vibrations. Vibrations within any industrial district shall be controlled so as not to become a nuisance to adjacent uses.

(2)

Vibration in excess of proposed limits. No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits set forth table 3. Vibrations shall be measured at any point in a residential district.

(3)

Measurement techniques. Test procedures to determine whether the emission of vibration is in conformance with this regulation shall be in substantial conformity with standards and recommended practices established by the American National Standards Institute, Inc. (ANSI) and the latest revisions thereof, including ANSI S2.2-1959 (R1990) "Calibration of Shock and Vibration Pickups, Methods for the," ANSI S2.11-1969 (R1986) "Calibrations and Tests for Electrical Tranducers used for Measuring Shock and Vibration, Selection of," ANSI 3.18-1979 (R1993) "Guide for the Evaluation of Human Exposure to the Whole Body Vibration," and ANSI 3.29-1893 (R1990) "Guide to the Evaluation of Human Exposure to Vibration in Buildings."

(4)

Maximum permitted vibration levels.

a.

No activity or operation in any Industrial District shall cause or create earthborne vibrations in excess of the values given in Table 3. This table designates to combined axis steady state or continuous vibration limits that apply on or beyond adjacent lot lines within the zone, and on or beyond appropriate district boundaries. Where more than one set of vibration levels apply, the most restrictive shall govern.

Table 3 Vibration Limits

b.

The maximum particle acceleration shall be the maximum vector sum of the three mutually perpendicular components recorded simultaneously. Particle acceleration may also be expressed as 0.0159 times the velocity in meters per second multiplied by the frequency in Hertz (cycle per second).

c.

The values shown in the table are for up to three vibration events per day. A frequency-of-occurrence multiplying factor, Fn, shall be used to adjust the values above if more than three vibration events occur per day.

Fn = 1.7N-0.5

Where N is the number of events per day (N>3).

d.

The values above are for vibrations lasting up to 1 second. A duration multiplying factor, Fd, for discrete events with durations exceeding one second shall be used to adjust the values.

Fd=T-0.32

Where T is the event duration in second (T>1).

e.

The frequency-of-occurrence multiplying factor and the duration multiplication factor shall, if applicable, be used to adjust the values by multiplying the value by the applicable multiplication factor. The values above shall be multiplied by ten for impulsive shocks which occur less than three times a day during daytime hours. No impulsive shocks are permitted during nighttime hours.

(d)

Air pollution.

(1)

Any use already established on the effective date of this ordinance shall be permitted to be altered, enlarged, expanded, or modified, provided that new sources of smoke or particulate matter conform to the performance standard established for the district in which such use is located. The total emission weight of particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the district in which the use is located after such alteration, enlargement, expansion, or modification.

(2)

For the purpose of grading the density and smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart (40 percent opacity) is prohibited at all times, except as otherwise provided herein.

(3)

Measurement procedures for air pollution as adopted by the State of Illinois Pollution Control Board shall be followed.

Table 4 Equivalence Between Opacity and Ringelmann.

a.

Visual emissions.

1.

In any industrial district, no persons shall cause or allow the emission of smoke or other particulate matter into the atmosphere having no opacity greater than 20 percent. However, for two minutes in any four hour period, smoke up to and including a opacity of 40 percent shall be permitted.

2.

Opacity limitations shall not apply to emission of uncombined water or water vapor. The determination of opacity of a smoke or particulate emission shall be in accordance with the procedures adopted by the state air pollution control regulations.

b.

Particulate matter emissions.

1.

No persons or businesses shall cause or allow the emissions of particulate matter, through one or more stacks, vents, ducts, chimneys, or other method into the atmosphere in excess of the limits set below.

2.

The net rate of particulate matter within the boundaries of any lot shall be determined by adding together the maximum individual emissions in pounds per hour from all sources within the boundaries of the lot and dividing this total by the number of acres of lot area. It is this quantity that should not exceed rates in the following table 5.

Table 5

Tests for particulate matter shall be conducted in accordance with the procedures adopted by the state air pollution control regulations.

c.

Fugitive particulate matter emissions. Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, roads, conveying equipment and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, sheltering, paving, oiling, fencing, wetting, collecting or other acceptable means. However, no persons shall cause or allow the emission of fugitive particulate matter, across lot lines which is visible by an observer looking generally toward the zenith, beyond the property line. Total suspended particulate concentrations across district boundary lines or into areas generally residential in character shall not exceed 50 micrograms per cubic meter above background.

d.

Odorous matter.

1.

The release of odorous matter from any operation, activity or use, in the I-1 light industrial district shall not cause or create a concentration in excess of one odor unit at any time when measured beyond the lot line, either at ground level or at a habitable elevation. The limitation may be exceeded one day per month for reason of equipment or process breakdown.

2.

The release of odorous matter from any operation, activity or use, in the I-2 general industrial district shall not cause or create a concentration in excess of eight odor unit at any time when measured beyond the I-2 district boundary line, either at ground level or at a habitable elevation. The limitation may be exceeded one day per month for reason of equipment or process breakdown.

3.

Odor units and odor concentrations shall be determined in accordance with the state air pollution regulations (ASTM D-1391-57 adopted by Mills).

e.

Airborne toxic matter. No activity or operation shall cause, at any time, the discharge of toxic matter across lot lines in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business. In no case shall the concentration of toxic materials released across lot lines exceed ten percent the value permitted an industrial worker (Ref: Threshold Limit Values, American Conference of Governmental Industrial Hygienists). A listing of toxic air contaminants is found in state pollution control board regulations, section 232, appendix A.

(e)

Toxic substances.

(1)

Storage, handling, transport. The storage, handling, or transport of toxic substances shall comply with the state pollution control board requirements.

(2)

Maximum permitted levels. Any highly toxic substance listed by the department of health and human development, national institute for occupational safety and health, "Registry of Toxic Effects of Chemical Substances," as revised from time to time, contained in one or more containers, tanks or equipment with the lot line in quantities in excess of the quantities listed in Table 6 shall not be permitted in the I-1 light industrial district.

Table 6 Permitted Quantities of Highly Toxic Materials.

^* When a material exists in more than one state in commercial use, the more restrictive regulation shall govern.

(3)

Radioactive substances. The storage, utilization, manufacture, or handling of any radioactive substance contained in one or more containers within lot lines in quantities of one curie or more shall not be permitted in the I-1 and I-2 districts, except that one or more containers in excess of one curie shall be permitted only as a Special Use.

(f)

Fire and explosive hazards.

(1)

Activities involving the manufacture or storage of materials or products which decompose by detonation are permitted only in the I-2 district, and then only as a special use.

(2)

Activities involving the storage and utilization of materials or products which decompose by detonation are permitted only in the I-2 district and then only when specifically permitted. Such materials shall include, but shall not be limited to, all primary explosives such as lead azide, lead styphate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; polytechnics and fireworks such as magnesium power, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35 percent, and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

(g)

Glare and heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines. Illumination shall not exceed 0.5 footcandles, measured in any residential district.

(Zoning Ordinance 1996, § 11.03; Res. No. 2006-04-11-81, § 11.03, 4-11-2006)

(a)

Scope and permitted uses. This section applies to the I1 district. The following uses provided that they conform with applicable performance standards, section 46-26, and other general requirements set forth in this chapter are permitted uses:

(1)

Agriculture as regulated herein.

(2)

Blueprinting and photo-copying establishments.

(3)

Building material sales establishments, dimension lumber, millwork, cabinets, and other building materials, including milling, planning, jointing, or manufacture of millwork.

(4)

Cartage and express facilities.

(5)

Contractor's offices and shops.

(6)

Electrical and gas appliance establishments, sales and service.

(7)

Farm related sales and service.

(8)

Forest preserves, parks and playgrounds, public.

(9)

Frozen foodstores with lockers.

(10)

Fuel and ice retail sales establishments.

(11)

Greenhouses.

(12)

Highway maintenance shops and yards.

(13)

Mail order houses, distribution center.

(14)

Miniwarehouses.

(15)

Monument manufacturing, including accessory open sales lots.

(16)

Office, general.

(17)

Parking lots.

(18)

Plumbing, heating, and ventilating equipment and fixtures, sales, service, and repair establishments.

(19)

Printing and publishing establishments.

(20)

Public utility, governmental service and similar uses as follows:

a.

Bus transit facilities, including shelters, passenger stations, parking areas, and service buildings.

b.

Electric distribution centers and substations.

c.

Compressor stations, well head stations, well separators and other similar above-the-ground facilities customarily used for the distribution of natural gas as a part of the operations of a natural gas company or nonexempt operations of a public utility company.

d.

Gas regulator stations.

e.

Public utility and governmental service establishments.

f.

Radio and television towers.

g.

Railroad rights-of-way and passenger stations.

h.

Telephone exchanges, microwave relay towers and telephone transmission equipment.

i.

Water-filtration plants, pumping stations, and reservoirs, and sewage- treatment plants and lift stations.

(21)

Recycling: reverse vending machines (See also general provisions).

a.

Small collection facilities.

b.

Light processing facilities.

(22)

Research laboratories.

(23)

Schools and training centers, commercial or trade.

(24)

Storage of commercial vehicles.

(25)

Storage garages.

(26)

Wholesale establishments.

(27)

Establishments similar to those listed above which are engaged in production, processing, assembly, disassembly, cleaning, servicing, testing, repair, or storage of materials goods, or products as determined by the planning director. Provided operations conform with the performance standards and other general requirements set forth in this subsection applicable to an I1 district.

(28)

Accessory uses to the above permitted uses.

(29)

Newspaper distribution agencies for home delivery and retail trade.

(30)

Motor vehicle service, storage, and repair, including body repair, painting, and engine rebuilding.

(31)

Poultry, live-slaughtering and retail sale on the premises.

(32)

Outdoor skeet and trap shooting ranges.

(33)

Storage, warehousing, and wholesale establishments.

(34)

Warehousing, mini.

(35)

Concrete plants.

(36)

Small wind energy systems provided the following are met:

a.

There shall be no minimum lot size for small wind energy systems providing that all setbacks are met.

b.

The number of SWES units allowed on a property shall be determined by the lot size and compliance with all required setbacks.

c.

Small wind energy systems are only permitted as an accessory use to a principal structure, and in no case shall a small wind energy system be permitted on a vacant parcel.

d.

The primary purpose of the small wind energy system shall be the production of energy for consumption on the parcel in which it is installed. In no instance shall the SWES be constructed for the sole purpose of energy production for wholesale or retail sale purposes. It is permissible to sell excess energy that is produced by a SWES.

e.

Small wind energy systems in the I1-Light Industrial district shall have a maximum nameplate capacity of 500 kw.

f.

Small wind energy systems may not be constructed within any recorded easements.

g.

The maximum permitted system height of a small wind energy system in the I1-Light Industrial district from average grade to the top of the blade shall be no more than 175 feet.

h.

Small wind energy systems shall be set back a distance equal to 110 percent of the system height from all adjacent property lines, right-of-way lines, public roadways, third-party transmission lines, and communication towers on the same parcel as the system. Additionally, a system must be a minimum distance equal to 150 percent of the system height from any dwelling inhabited by humans on neighboring property.

i.

Small wind energy systems shall be setback a distance equal to 110 percent of the system height from all small wind energy systems located on the same parcel.

j.

Small wind energy systems shall be setback a minimum of 50 feet from any building located on the same parcel as the SWES.

k.

The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be ten feet above the height of any structure within 50 feet of the base.

l.

Guy wires and anchoring systems shall extend no closer than 30 feet from an adjacent property line, right-of-way line or public roadway.

m.

The supporting tower shall also be enclosed with a six-foot-tall fence or the base of the tower shall not be climbable for a distance of 12 feet.

n.

Small wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority. Any required lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.

o.

Small wind energy systems, except as may be required by the FAA or appropriate authority, shall be finished in either off-white, light gray, other neutral color, or a color as approved by the Kankakee County Planning Department, including the blades. The finish shall be flat or matte. The required coloration and finish shall be maintained throughout the life of the system.

p.

No small wind energy system shall have any advertising material, writing, picture, or signage other than warning, equipment identification or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including meteorological/weather devices.

q.

Small wind energy systems shall not exceed 60 dB(A), as measured at the closest property line. The level, however, may be exceeded during a short-term event such as utility outages and/or severe windstorms.

r.

Small wind energy systems shall not operate so as to cause microwave, television, radio, or navigation interference contrary to Federal Communication Commission regulations or other laws.

s.

Small wind energy systems shall comply with all applicable FAA and any other federal, state or local requirements. Nothing in the Kankakee County Code is intended to preempt other applicable federal, state and local laws and regulations.

t.

Nonoperational wind turbine(s): It shall be a condition of the building permit that nonoperational wind turbines shall be removed.

1.

The project owner/operator shall insure that a copy of all prospectuses shall be placed in the county's permit file.

2.

County staff may, at any time in the future, compare the amount of power stated (in kilowatt hours) in the appropriate prospectus with the actual power generated and determine if any wind turbine system(s) meet the definition for "nonoperational wind turbine."

3.

County staff may collect other data as necessary to determine if any wind turbine system(s) meet the definition for "nonoperational wind turbine."

4.

Upon removal the site shall be restored to its original pre-construction condition, including removal of the foundation to a minimum of four feet below grade.

(37)

Commercial wind energy facility as regulated herein.

(38)

Commercial solar energy facility as regulated herein.

(b)

Special uses.* The following allowable special uses shall be permitted only in accordance with procedures, regulations, and standards set forth in this chapter:

(1)

Uses and special uses permitted in the commercial district.

(2)

Airports and heliports, public or private, including aircraft landing fields, runways, flight strips, and flying schools, together with hangars, terminal buildings, and other auxiliary facilities.

(3)

Air, rail, or motor truck freight terminals, railroad switching and classification yards, repair shops, and roundhouses.

(4)

Automobile testing grounds.

(5)

Landfills, as regulated herein in the Agriculture District special uses.

(6)

Mining, quarrying, preparation and transportation of minerals and other natural resource operations including but not limited to the extraction of sand, gravel, other aggregate and top soil, and oil or nonexempt gas well drilling, provided that all special use permit requirements are met as set forth for the agriculture district.

(7)

Outdoor amusement facilities, including kiddie parks, golf driving ranges, par 3 and miniature golf courses and other similar outdoor amusement facilities. Such special use, if established, shall be subject to reconsideration, without filing fee, every two years by the board of appeals and county board for renewal, extension or termination.

(8)

Penal and correctional institutions.

(9)

Signs, advertising as regulated in section 121-395.

(10)

Stadiums, auditoriums, arenas, or armories.

(11)

Theaters, drive-in, as in the commercial district herein as special use.

(12)

Billboards.

(13)

Reserved.

(14)

Cultivation centers. On property of five acres or larger in size and providing that the facility must be free standing structure not occupied by any other business or tenant, or used for any purpose other than a medical cannabis cultivation center.

(15)

Cannabis dispensing facility.

Note— * Also a special use in the I-2 General Industrial District per section 121-209b.1.

(c)

Lot size. Minimum lot size not less than 20,000 square feet.

(d)

Lot width. Minimum lot width of 150 feet.

(e)

Floor area ratio. Not to exceed 0.8.

(f)

Setback requirements. Except as required herein under regulations along residential district boundary lines, and applicable I1 district performance standards, yards shall be provided in accordance with the following (See general provisions for measuring setbacks):

(1)

Front: not less than 40 feet in depth.

(2)

Side:

a.

Not less than 40 feet wide when adjoining a street.

b.

Not less than ten feet wide when adjoining an interior lot line.

(3)

Rear: not less than 20 feet in depth, except when adjoining an alley or railroad right-of-way.

(4)

Transitional: Where a side or rear lot line coincides with a side or rear lot line in an adjacent Residence or commercial district, a setback of 30 feet in width or depth, as the case may be, shall be provided along such side or rear lot line.

(g)

Off-street parking and loading. Shall be in accordance with regulations set forth in the applicable sections of this chapter.

(h)

Signs. Shall be in accordance with regulations set forth in the applicable sections of this chapter.

(i)

Building height. Fifty-foot maximum building height. Structures may exceed this 50-foot height limitation by providing additional setbacks as follows: for each 1 foot of additional height above 50 feet, structures shall be setback from all front, side and rear property lines by two feet more than the otherwise required minimum setback. Structures in this district shall not exceed 95 feet in height. Building height shall be measured from ground level to roof apex. Rooftop appurtenances shall not be included as a part of this measurement.

(Zoning Ordinance 1996, §§ 11.04—11.11; Res. No. 2006-04-11-81, §§ 11.04, 11.05, 11.11A, 4-11-2006; 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. 2014-06-10-91, § 1(Exh. B), 6-10-2014; Ord. No. 2019-10-08-166, § 3(Exh. A), 10-8-2019; Res. No. 2021-11-09-408, § 3(Exh. A), 11-9-2021; Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023)

(a)

Scope and permitted uses. This section applies to the I2 district. The following uses are permitted, provided that they conform also with applicable performance standards and other general requirements of this chapter.

(1)

Any use permitted in the I1 district.

(2)

Air, rail, or motor truck freight terminals, railroad switching and classification yards, repair shops, and roundhouses.

(3)

Large collection facilities (recycling). (See also general provisions).

(4)

Establishments similar to those listed above which are engaged in production, processing, assembly, disassembly, cleaning, servicing, testing, repair, or storage of materials goods, or products as determined by the planning director, provided operations conform with the performance standards and other general requirements set forth in this subsection applicable to an I2 district.

(5)

Commercial wind energy facility as regulated herein.

(6)

Commercial solar energy facility as regulated herein.

(b)

Special uses. The following allowable special uses shall be permitted only in accordance with procedures, regulations, and standards set forth in this chapter.

(1)

Any use allowed as a special use in the I1 district, unless a permitted use listed above.

The following restrictions shall apply to cannabis dispensaries in all districts where they are permitted:

a.

Cannabis dispensing facilities shall be setback a minimum of 1,500 feet from the property boundaries of schools, playgrounds, parks, religious facilities, community residential homes, penal institutions, and registered daycare facilities existing at the time of their establishment.

b.

Cannabis dispensing facilities shall be setback a distance of 1,000 feet from properties zoned R1-single family residential, R2-high density residential, and RE-rural estate, and properties within platted residential subdivisions regardless of their zoning district classification.

c.

Cannabis dispensing facilities shall only be established in a free-standing structure not occupied by any other business, tenant or used for any purpose other than a cannabis dispensary. However, a cannabis dispensing facility may share parking facilities with other uses or properties.

d.

Cannabis dispensing facilities shall not possess or offer drive-thru service except during times when indoor sales and operations are not possible due to extraordinary circumstances.

e.

No cannabis or cannabis related products shall be consumed on the premises of a cannabis dispensing facility.

f.

With the exception of advertising and signage, all business operations of a cannabis dispensing facility shall be conducted within the confines of an enclosed structure and under no circumstance shall the sale of cannabis or cannabis related products be conducted outdoors except during times when indoor sales and operations are not possible due to extraordinary circumstances.

g.

Cannabis dispensing facilities shall comply with all other provisions of this chapter and regulating state statutes.

(2)

Storage and utilization of flammable liquids or materials which produce flammable or explosive vapors or gases exceeding the total capacity permitted in the I2 district.

(3)

Public or private gun clubs including rifle and small arms ranges under qualified range officers' supervised direction during operating hours. The application for a special use permit must be accompanied by detailed plans and specifications, including projected layout, which meet the minimum safety regulations of the National Rifle Association and a copy of said regulations shall be attached and become part of the application. Such special use, if established, shall be subject to reconsideration, without filing fee, every two years by the board of appeals and county board for renewal, extension or termination.

(4)

Other uses similar to the permitted uses for the I2 Manufacturing District.

(5)

Adult book stores, motion picture theaters, and entertainment establishments; with, but not limited to, the following restrictions (for purposes of this section, distance shall be by airline measurement from property line to property line, using the closest property lines of the parcels of land involved):

a.

The establishments are not located within 1,000 feet of any property zoned A1, A2, RE, R1 or R2.

b.

The establishment is not located within 1,000 feet of any residential dwelling.

c.

The establishment is not located within 1,000 feet of any church, religious institution, day care center, library, teen center, school, public park or playground, or recreational facility where minors congregate. As used in this subsection, "minors" means person under 18 years of age.

d.

The establishment is not located within 1,000 feet of another adult establishment.

e.

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" from any public way. This shall apply to any display, decoration, sign, show window or other opening. No person shall operate or cause to be operated an adult use within any premises wherein alcoholic beverages are served, sold or consumed.

f.

No person under the age of 21 shall be allowed on the premises.

g.

All viewing areas, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.

h.

There shall be no aperture whatsoever in any wall or partition between viewing areas.

i.

Each viewing area shall be lighted at a minimum level of ten footcandles in all parts thereof.

j.

All performers shall be at least 21 years of age.

k.

All performances, exhibitions or displays shall take place on a platform raised at least two feet from the level of the floor, and located at least ten feet from any patron.

l.

No performer shall fondle or caress any patron or other performer, and no patron shall fondle or caress any performer.

m.

No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.

(6)

Asphalt plants, provided no plant, accessory structure, or open off-street parking spaces, shall be nearer than 1,000 feet from any residential district boundary line, an existing residence, park, or school.

(7)

Automobile-wrecking yards and junk yards, providing they are contained within completely enclosed buildings or screened by a solid wall or attractive solid fence at least 12 feet high.

(8)

Scrap processing facility on a site of not less than ten acres in area. The facility must be screened by an attractive solid fence at least 12 feet in height along the perimeter of the site.

(9)

Heavy processing facilities (recyling). See also general provisions.

(10)

Billboards.

(c)

Lot size. As in the I1 district.

(d)

Lot width. As in the I1 district.

(e)

Floor area ratio. Not to exceed 1.2.

(f)

Setback requirements. As in the I1 district.

(g)

Off-street parking and loading. Shall be in accordance with regulations set forth in this chapter.

(h)

Signs. Shall be in accordance with regulations set forth in this chapter.

(i)

Building height. Fifty-foot maximum building height. Structures may exceed this 50-foot height limitation by providing additional setbacks as follows: for each one foot of additional height above 50 feet, structures shall be setback from all front, side and rear property lines by two feet more than the otherwise required minimum setback. Structures in this district shall not exceed 95 feet in height. Building height shall be measured from ground level to roof apex. Rooftop appurtenances shall not be included as a part of this measurement.

(Zoning Ordinance 1996, §§ 11.12—11.19; Res. No. 98-5-12-070, § II, 5-12-1998; Res. No. 3-1-14-703, § I, 1-14-2003; Res. No. 2006-03-14-58, §§ 3(11.12, 11.13), 3-14-2006; Res. No. 2006-04-11-81, §§ 11.12, 11.13, 11.20, 4-11-2006; Res. No. 2008-08-12-110, § 3(Exh. A), 8-12-2008; Ord. No. 2019-10-08-166, § 3(Exh. A), 10-8-2019; Res. No. 2021-11-09-408, § 3(Exh. A), 11-9-2021; Res. No. 2023-04-11-101, § 3(Exh. A), 4-11-2023)

(a)

Purpose. The public lands district is intended to map public owned lands. This district is located in state parks, forest preserve lands, park lands, and other large publicly owned properties. This section applies to such district.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

State and local parks.

(2)

Accessory uses and structures, incidental to and on the same zoning lot as the principle use, as follows:

a.

Public buildings.

b.

Greenhouses and conservatories.

c.

Playground facilities.

d.

Swimming pools, tennis courts and golf courses.

e.

Toolhouses, sheds, and other similar buildings for the storage of park supplies.

f.

Temporary storage of building materials and equipment for on-site construction for a period not to exceed the duration of such construction.

g.

Temporary storage of boats, campers, motor homes, other types of recreational vehicles, and firewood allowed, but prohibited from required side yards and the area located between the front building setback line and the corresponding street property line.

h.

Miscellaneous accessory structures including but not limited to satellite receiving dishes and playhouses.

i.

Keeping of horses, excluding other livestock, as regulated in the general provisions of this chapter.

(c)

Special uses. The following special uses may be allowed in this district:

(1)

Bed and breakfast.

(2)

Cemeteries.

(3)

Child care centers.

(4)

Churches, temples, synagogues.

(5)

Convents, monasteries, seminaries.

(6)

Golf, and other outdoor recreation.

(7)

Private landing strips.

(8)

Public safety buildings.

(9)

Public and private schools, parks, playgrounds.

(10)

Permitted and special uses in the commercial district.

(11)

Permitted and special uses in the residential district.

(12)

Quasi-public uses, retreat houses, conference centers.

(d)

Lot area. Minimum lot size of one acre.

(e)

Lot width. Minimum lot width of 150 feet.

(f)

Lot coverage. Lot coverage of buildings shall not exceed 30 percent of the lot size.

(g)

Floor area ratio. Not to exceed 0.2.

(h)

Setback requirements. Except as otherwise regulated herein for a specific permitted use or special use, setbacks shall be provided as follows (See general provisions for measuring setbacks):

(1)

Front: not less than 50 feet in depth

(2)

Side: not less than 20 feet in width except a side adjoining a street-not less than 50 feet in width.

(3)

Rear: not less than 50 feet in depth.

(4)

Building height limitations: no building or other structure erected within this district shall exceed 35 feet in height.

(i)

Off-street parking and loading. Shall be in accordance with regulations set forth in this chapter.

(j)

Signs. Shall be in accordance with the regulations set forth in the applicable sections of this chapter.

(Zoning Ordinance 1996, §§ 12.01—12.11)