The intent of this title in establishing a rural/agricultural district is to allow maximum freedom of operation for bona fide agricultural uses, and to protect such from encroachment by other unrelated special uses which are subject to the regulations and requirements specified in section 10-4-4 of this chapter. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

   A.   Definition:

   BONA FIDE AGRICULTURAL USES: Those uses set forth in the definition "agriculture, agricultural use"; temporary uses such as roadside farm stands devoted to the sale of farm products produced upon the land upon which the farm stand is located with related signage; and farm buildings exempt from county use and bulk regulations under 55 Illinois compiled statutes 5/5-12001.

   B.   Residential Restrictions:

      1.   One Dwelling Per Lot; Exceptions: Not more than one (1) dwelling may be permitted on a single lot or farm, unless: a) the dwellings existed at the time of the passage of this title; b) the dwelling existed as, or was under construction as, a farm residence, which has been, or may be, converted to a nonfarm residence; c) the dwellings exist as a special use for itinerant or permanent farm laborers.

      2.   Parcels Less Than Forty Acres: A dwelling constructed on a parcel less than forty (40) acres in size, or a parcel of land less than forty (40) acres in size including a dwelling transferred to anyone, except the owner of an adjoining farm, purporting to be transferred for agricultural use shall not be construed to be a farm unless a signed statement shall be presented by the owner to the zoning administrator, upon a form prescribed by the zoning administrator and published in the "county development manual" attesting to the authenticity of the agricultural use. It shall be determined by the zoning administrator to be agricultural if: a) a majority of the total cash income of the applicant is or shall be derived from pursuit of the agricultural activities included in bona fide agricultural uses, on the parcel involved, and b) the applicant is a member of the immediate family of the owner of an adjoining farm or the owner of a farm on the opposite frontage to the parcel involved. Such signed statement shall be filed in the records of the zoning administrator.

      3.   LESA Report: The zoning administrator shall require a LESA report before issuing a building or development permit, or allowing a subdivision or resubdivision, or permitting residential construction or development on any parcel zoned agricultural, or to rezone a parcel, or grant a special use permit, or to grant a variation or expand or extend any special use permit on any parcel zoned agricultural in the county. Should any residential construction or development, or special use, or any expansion or extension thereof, be desired on a parcel in an agricultural district with a LESA score of two hundred twenty five (225) (or such other number which the county board shall set from time to time), or more, a public hearing shall be required before the planning commission with the intent of assisting in the decision of whether to issue a building or development permit, allow a subdivision or resubdivision, or grant a rezoning, special use permit, variation or expansion or extension thereof.

      4.   New Dwellings: From and after the date of the adoption of this title, as revised, in any quarter section by government survey, in an agricultural district, no more than four (4) new dwelling units can be built, platted or zoned in any agricultural classification, excepting a farm residence. The zoning administrator shall note any new dwelling units on the zoning maps and keep such additional records as are necessary to carry out the intent of this subsection. Lots, less than forty (40) acres, which are currently classified as a residential district are exempt from this provision, except to the extent they are hereafter resubdivided into smaller lots, which smaller lots shall be subject to the quarter section limitation on new dwelling units. Dwellings constructed to replace buildings lost to fire or other casualty are exempt from the provisions of this subsection.

      5.   Encroachment: The provisions of this section are intended to protect bona fide agricultural uses from encroachment by incompatible uses in violation of rules and regulations in this district and to restrict the development of prime farmland. To the extent a parcel qualifies for residential development, subdivision, construction or rezoning in this district the applicant is encouraged to cluster residential uses into lots as small as two (2) acres. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

   A.   Principal Uses: Other than bona fide agricultural uses within the AG-1 rural/agricultural district, no development, buildings, structure or premises shall be used or arranged, or designed to be developed or used, except for one or more of the uses marked P and set forth under AG-1 in the table in section 10-9-1 of this title, subject to the rules and regulations of this district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

Restricted principal uses, including residential restrictions, are marked R,P on the table in section 10-9-1 of this title.

   A.   Agribusiness: 1) a commercial grain elevator, or other grain storage facility may not be located closer than five hundred feet (500') to any residence other than the residence of the owner of the site; 2) a bulk fertilizer facility, liquid petroleum product facility, ethanol production facility, or other regulated farm production facility shall comply with state regulations as to setbacks and performance standards

   B.   Institutional uses: Minimum area five (5) acres; ground floor area shall not exceed thirty percent (30%); building setbacks a minimum of two feet (2') for each foot of building height from all yard lines.

   C.   Home occupations, including farm product sales at retail, require a maintained gravel, crushed rock, or other improved access roadway from a public street. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

Other than principal uses, those special uses marked S and set forth under AG-1 in the table in section 10-9-1 of this title, may be permitted by the county board after public hearing by the zoning hearing officer, within the AG-1 rural/agricultural district, subject to the rules and regulations set forth herein, imposed by statute, or by the county board at the time the special use is allowed. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

Restricted special uses are marked R,S on the table in section 10-9-1 of this title:

   A.   Circuses: Circuses may not operate more than fifteen (15) consecutive days, may not sell beer, wine nor alcoholic beverages, and may be located no closer than one thousand feet (1,000') to any dwelling except to that of the owner or lessor of the circus site.

   B.   Agribusiness: Feed yards and market holding facilities for animals in farm market transit, or temporary livestock depots or raising yards (confinement feeding of livestock not in conjunction with a farming operation) shall be not less than five (5) acres and shall not be construed as a livestock management facility.

   C.   Fishing: Fishing in an artificial lake or pond for a fee, including a food service establishment; no night illumination permitted.

   D.   Extractions: Performance standards included in chapter 16 of this title are applicable. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

As provided in section 10-9-2 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

Special uses marked S and set forth under AG-1 in the table in section 10-9-2 of this title, may be permitted by the county board after public hearing by the zoning hearing officer, within the AG-1 rural/agricultural district, subject to the rules and regulations set forth herein, imposed by statute, or by the county board at the time the special use is allowed. (Ord. 2023-08-002, 8-24-2023; amd. Ord. 2025-05-006, 5-22-2-25)

Restricted special uses are marked R,S on the table in section 10-9-2 of this title:

   A.   Skilled Trades (Offsite Services Only):

      1.   The owner of the business must reside onsite, in a residence that meets the requirements of the Lee County zoning ordinance.

      2.   Businesses that provide skilled trades (offsite services only) shall be allowed under this section, so long as all services provided by the business are performed offsite.

      3.   Businesses that provide skilled trades (offsite services only) that are allowed under this section shall be limited to one (1) employee at the physical address of the business, during business hours.

      4.   No retail of goods shall occur at the business's location.

      5.   The business's location shall not be open to the public.

      6.   No manufacturing nor assembly equipment nor combustible materials nor chemicals nor hazardous materials may be utilized at the business's location.

      7.   No odors, fumes, radiation nor noise may emanate from the premises.

      8.   No "inventory or materials storage, outdoor" may be permitted in relation to the business without first applying for a special use permit. (Ord. 2023-08-002, 8-24-2023; amd. Ord. 2025-05-006, 5-22-2-25)

As provided in section 10-9-3 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

As provided in chapter 11 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

Noises, odors, excessive lighting, waste disposal, dust and agricultural debris dispersion and other environmental problems are inherent in agricultural activities and should be tolerated to the maximum extent in agricultural districts limited only by the public good, safety and welfare; county health and nuisance regulations; state statutes; EPA and DNR regulations. Sections 10-15-2, "vibration"; 10-15-6, "Electromagnetic Radiation"; 10-15-8, "Fire And Explosion"; 10-15-12, "Hazardous Materials"; 10-15-14, "Signal Receiving Antennas (Satellite Dishes)"; 10-15-15, "Wind Energy Systems"; 10-15-16, "Swimming Pools"; 10-15-17, "Manufactured Housing"; 10-15-18, "Communication Towers" of this title shall apply where applicable. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2-25)

Chapters 12, "Signs"; 13, "Landscaping"; and 14, "Fencing" of this title shall apply where applicable. (Ord. 2025-05-006, 5-22-2-25)