AGRICULTURAL AND RESIDENTIAL TABLE OF USES2
Note— Land uses in agricultural and residential zoning districts are listed in section Z-49. Permitted uses are denoted with a "P," and special uses are denoted with a "S."
1.
Agricultural, horticultural, and forestry, includes:
a.
Crop and tree farming;
b.
Truck gardening and wholesale nursery operations;
c.
The operation of any machinery or vehicles incidental to the farming operation;
d.
The keeping and raising of agricultural and livestock animals, for pleasure or for use or profit. These animals include horses, sheep, cattle, goats, pigs, chickens, and bees.
2.
Airports, landing strips and heliports, private and public.
a.
Site design. Site design shall comply with the requirements of the Federal Aviation Administration, as amended.
b.
Setbacks. Runways, taxiways, and helipads shall be setback a minimum of 2,000 feet from all property lines.
c.
Noise. Written evidence of the documented noise levels for aircrafts to be used (sound pressure level measured at 100-foot intervals from the use at 1 khz) must be provided.
3.
Bed and breakfast inn.
a.
Owner-occupied. the owner and/or operator of the bed and breaks use must reside in the bed and breakfast dwelling.
b.
Guest rooms. A maximum of five guest rooms are permitted. Depending upon the location, the available buffers, and amount of available parking, the village may restrict the number of guest rooms to a lesser number.
c.
Meals. Only guests staying in the dwelling, employees, or persons living in the premises may be served meals. Cooking implements, including, but not limited to, stoves, grills, or ovens are not allowed in the individual guest rooms.
d.
Duration of stay. Guest stays shall be limited to 21 consecutive days.
e.
Detached carriage houses and cottages. Detached carriage houses and cottages, no less than 400 square feet, are permitted as one guest room per bed and breakfast.
f.
Off-street parking. All bed and breakfast facilities shall comply with the required number of parking spaces in accordance with the "hotel and motel" use in section Z-67, Schedule of parking requirements. Guest parking spaces are not permitted in the front yard or in the right-of-way.
g.
Bed and breakfast uses are subject to the hotel-motel tourism tax, and shall submit the tax to the village monthly, with a completed hotel-motel tax return form.
h.
Other applicable regulations. A bed and breakfast shall comply with all applicable state, federal and local regulations, including, but not limited to, Bed and Breakfast Act [50 ILCS 820/1 et seq.] as amended.
4.
Bingo and similar games of chance.
a.
Permitted in only religious, charitable, labor, fraternal, youth organization, senior citizen, educational or veterans' organizations, which have been licensed by the State of Illinois Department of Revenue to conduct such games.
b.
Net proceeds from the games must be exclusively devoted to the lawful purpose of the organization permitted to conduct the game. No person may receive any profit for participating in the management or operation of such games, with the exception of the reduction of fees or tuition for educational institutions, consistent with state regulations.
c.
The conduct of any bingo or similar games of chance shall be in accordance with the regulations of the Illinois Pull Tabs and Jar Games Act [230 ILCS 20/1 et seq.], the Illinois Bingo License and Tax Act [230 ILCS 25/1 et seq.], and the Illinois Charitable Games Act [230 ILCS 30/1 et seq.], as may be amended from time to time, and regulations promulgated thereunder. (Ord. No. 08-22, 2-7-22)
5.
Churches and similar religious institutions.
a.
Site design. Where possible, open space areas, including, but not limited to, storm water detention facilities shall be located adjacent to residential property. Parking lots shall be located close to the rights-of-ways and away from adjacent residential property.
b.
Outdoor activities. Details for all outdoor activities shall be included in the special use permit application. Outdoor activities shall not be permitted after 8:00 p.m. on lots which are adjacent to residential property.
c.
Traffic control. For churches or religious establishments with over 400 seats, manual traffic control shall be required, at the discretion of the village.
d.
Nursery school/preschool. Details for accessory nursery school or preschool associated with the religious establishment shall be included in the special use permit application.
6.
Community swimming pools.
a.
The swimming pool shall have an area no greater than 5,000 square feet and shall be on a lot with an area of not less than two acres.
b.
Every pool, building, or paved play area shall be no less than 100 feet distant from every abutting property line in any residential district.
c.
Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district.
d.
The sale of refreshments shall be from the principal building.
7.
Hospitals and inpatient medical facilities.
a.
Minimum development area. Hospitals shall be located on property with a minimum of five acres.
b.
Access roads. Hospitals shall have access to an arterial or major collector street. Traffic shall not travel through neighborhood connector or local streets.
c.
Loading area. A designated drop-off/pick-up area shall be included in front of the building, that is long enough to accommodate a bus and which is exclusive of the required parking lot drive aisles.
d.
Heliport/helipad. If a heliport or helipad is provided as an accessory use to the facility, it shall be located at least 1,000 feet from surrounding residential property. The heliport/helipad shall meet all Federal Aviation Administration guidelines as applicable.
8.
Livestock and keeping of farm animals.
a.
Food-producing animals and other farm animals shall only be permitted on agricultural-zoned parcels that are a minimum of 15 acres in size.
b.
These animals include: bees, poultry, horses, donkeys, sheep, goats, cattle, swine and any other livestock.
c.
Miniature breeds of these animals, as pets (i.e., miniature goats, pigs, etc.) are deemed to be farm animals.
9.
Nursing homes and convalescent care facilities.
a.
General. Applications for nursing home and convalescent care facilities shall include a description of the proposed use, including the maximum number of residents and the nature of the condition of circumstances for which care, or a planned treatment or training program will be provided, the number of staff and the name of the agency responsible for regulating or sponsoring the use.
b.
Loading area. A drop-off/pick-up area in front of the building that can accommodate three 20-foot-long vehicles and exclusive of the required parking lot drive aisles, shall be provided.
c.
Other applicable regulations. The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application.
10.
Off-street parking for nearby business or industry.
a.
There must be a need for this parking facility, in the interest of public necessity and convenience.
b.
There must be no other appropriate site available in nearby commercial or industrial areas.
11.
Public utility uses, includes:
a.
Filtration plant, pumping station and water reservoir;
b.
Sewage treatment plants;
c.
Portable signs;
d.
Telephone exchanges;
e.
Electric and gas substations and booster stations;
f.
Other governmental uses
12.
Residential care homes.
a.
A sponsoring agency of the residential care home is required to be licensed or certified by the State of Illinois.
b.
A minimum of 70 square feet of bedroom space shall be provided for every resident, exclusive of caregivers' rooms.
c.
Shall comply with all applicable state and federal regulations, including the Illinois Accessibility Requirements.
13.
Residential short-term rentals
a.
Required application. The owner(s) of any residential property made available for short-term rental shall apply for a short-term rental license. This license shall be reviewed administratively. In issuing the short-term rental license, an all-trades inspection will be done for the premises, and the village may require the applicant to make enhancements or improvements to the property. These requirements may or may not require additional permits and the payment of additional fees.
The applicant shall provide the following documents with the short-term rental license application:
i.
Proof of homeowner's insurance or host protection insurance; and
ii.
List of which hosting platform(s) will be used to market the property.
b.
Fee. The fee to apply for a short-term rental license shall be $400.00. After the initial license issuance, the owner(s) shall pay an annual license renewal fee of $100.00 every 12 months.
c.
Issued short-term rental licenses shall not run with the land and are not transferrable.
d.
The short-term rental license certificate must be kept at the premises, readily available or displayed in clear view.
e.
The property owner(s) must reside full-time within 45 miles of the premises, and must be immediately responsive to any calls or contact initiated by any village department, including the Winnebago County Sheriff's Office. If the owner resides outside of the 45-mile radius, a secondary contact person shall be identified who resides within the 45-mile radius, and they too shall be immediately responsive to any concerns or emergencies.
f.
No onsite signage shall be allowed to advertise the short-term rental.
g.
All owners must use a hosting platform to market the short-term rental. The hosting platform shall be responsible for determining the guests' identification information and the accuracy of that information.
h.
No owner shall rent any short-term rental for any period longer than 30 consecutive days.
i.
The owner(s) shall keep a guest register in which the name of every responsible guest and the guest's arrival and departure dates shall be recorded. The "responsible guest" shall be the person who makes the reservation and who is responsible for payment. The owner shall make the guest register freely accessible to any village department, including the Winnebago County Sheriff's Office, upon request.
j.
Occupancy limitation. In no event shall more than 12 people be at the premises. This includes the renters and their guests, regardless of age, and regardless of the size of the premises.
The maximum number of occupants that are allowed to be at a short-term rental between the hours of 10:00 p.m. and 7:00 a.m. shall be based on the number of bedrooms as follows:
One bedroom: Three people;
Two bedrooms: Five people;
Three bedrooms: Seven people;
Four bedrooms: Nine people.
k.
Parking. All parking for persons occupying a short-term rental must be provided on the same parcel as the residence, must be off-street, and must be located on an improved hard surface or pre-existing gravel surface.
l.
The property shall be maintained in a neat and orderly manner, consistent with the village's property maintenance code and applicable zoning regulations.
m.
A violation of any provision of this section by the owner(s), renters, or guests may constitute grounds for revocation of the short-term rental license and the owner(s) may be fined not less than $100.00 nor more than $500.00 for each day of the offense.
n.
It is the owners' responsibility to be aware of any additional regulations pertaining to their specific property. These residential short-term rental regulations are notwithstanding any additional conditions, covenants, or restrictions that may be in place and enforced by a homeowners association or other parties separate from the village.
14.
Wind-operated energy devices, roof-mounted for on-site power supply only.
a.
General. One roof-mounted wind turbine is allowed per parcel, only if it supplies electrical power solely for on-site use.
b.
Height. The turbine structure with supports shall not be more than eight feet in height. Also, the turbine upon the roof shall not extend taller than the maximum height allowed for principal structures in the zoning district in which the parcel is located.
i.
On a vertical-axis turbine, height shall be measured at the tallest point.
ii.
On a horizontal-axis turbine, height shall be measured at the highest extent of a blade tip.
c.
Appearance. All turbine equipment shall have a flat finish and shall not have any lighting attached to or projected onto it.
d.
Permitting. An electrical building permit must be applied for and issued prior to installation of any roof-mounted turbine equipment.
(Ord. No. 08-22, 2-7-2022; Ord. No. 26-22, 7-5-2022; Ord. No. 48-22, § 1, 11-7-2022; Ord. No. 49-22, §§ 2, 3, 11-7-2022; Ord. No. 41-23, §§ 1—3, 1-2-2024)
AGRICULTURAL AND RESIDENTIAL TABLE OF USES2
Note— Land uses in agricultural and residential zoning districts are listed in section Z-49. Permitted uses are denoted with a "P," and special uses are denoted with a "S."
1.
Agricultural, horticultural, and forestry, includes:
a.
Crop and tree farming;
b.
Truck gardening and wholesale nursery operations;
c.
The operation of any machinery or vehicles incidental to the farming operation;
d.
The keeping and raising of agricultural and livestock animals, for pleasure or for use or profit. These animals include horses, sheep, cattle, goats, pigs, chickens, and bees.
2.
Airports, landing strips and heliports, private and public.
a.
Site design. Site design shall comply with the requirements of the Federal Aviation Administration, as amended.
b.
Setbacks. Runways, taxiways, and helipads shall be setback a minimum of 2,000 feet from all property lines.
c.
Noise. Written evidence of the documented noise levels for aircrafts to be used (sound pressure level measured at 100-foot intervals from the use at 1 khz) must be provided.
3.
Bed and breakfast inn.
a.
Owner-occupied. the owner and/or operator of the bed and breaks use must reside in the bed and breakfast dwelling.
b.
Guest rooms. A maximum of five guest rooms are permitted. Depending upon the location, the available buffers, and amount of available parking, the village may restrict the number of guest rooms to a lesser number.
c.
Meals. Only guests staying in the dwelling, employees, or persons living in the premises may be served meals. Cooking implements, including, but not limited to, stoves, grills, or ovens are not allowed in the individual guest rooms.
d.
Duration of stay. Guest stays shall be limited to 21 consecutive days.
e.
Detached carriage houses and cottages. Detached carriage houses and cottages, no less than 400 square feet, are permitted as one guest room per bed and breakfast.
f.
Off-street parking. All bed and breakfast facilities shall comply with the required number of parking spaces in accordance with the "hotel and motel" use in section Z-67, Schedule of parking requirements. Guest parking spaces are not permitted in the front yard or in the right-of-way.
g.
Bed and breakfast uses are subject to the hotel-motel tourism tax, and shall submit the tax to the village monthly, with a completed hotel-motel tax return form.
h.
Other applicable regulations. A bed and breakfast shall comply with all applicable state, federal and local regulations, including, but not limited to, Bed and Breakfast Act [50 ILCS 820/1 et seq.] as amended.
4.
Bingo and similar games of chance.
a.
Permitted in only religious, charitable, labor, fraternal, youth organization, senior citizen, educational or veterans' organizations, which have been licensed by the State of Illinois Department of Revenue to conduct such games.
b.
Net proceeds from the games must be exclusively devoted to the lawful purpose of the organization permitted to conduct the game. No person may receive any profit for participating in the management or operation of such games, with the exception of the reduction of fees or tuition for educational institutions, consistent with state regulations.
c.
The conduct of any bingo or similar games of chance shall be in accordance with the regulations of the Illinois Pull Tabs and Jar Games Act [230 ILCS 20/1 et seq.], the Illinois Bingo License and Tax Act [230 ILCS 25/1 et seq.], and the Illinois Charitable Games Act [230 ILCS 30/1 et seq.], as may be amended from time to time, and regulations promulgated thereunder. (Ord. No. 08-22, 2-7-22)
5.
Churches and similar religious institutions.
a.
Site design. Where possible, open space areas, including, but not limited to, storm water detention facilities shall be located adjacent to residential property. Parking lots shall be located close to the rights-of-ways and away from adjacent residential property.
b.
Outdoor activities. Details for all outdoor activities shall be included in the special use permit application. Outdoor activities shall not be permitted after 8:00 p.m. on lots which are adjacent to residential property.
c.
Traffic control. For churches or religious establishments with over 400 seats, manual traffic control shall be required, at the discretion of the village.
d.
Nursery school/preschool. Details for accessory nursery school or preschool associated with the religious establishment shall be included in the special use permit application.
6.
Community swimming pools.
a.
The swimming pool shall have an area no greater than 5,000 square feet and shall be on a lot with an area of not less than two acres.
b.
Every pool, building, or paved play area shall be no less than 100 feet distant from every abutting property line in any residential district.
c.
Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district.
d.
The sale of refreshments shall be from the principal building.
7.
Hospitals and inpatient medical facilities.
a.
Minimum development area. Hospitals shall be located on property with a minimum of five acres.
b.
Access roads. Hospitals shall have access to an arterial or major collector street. Traffic shall not travel through neighborhood connector or local streets.
c.
Loading area. A designated drop-off/pick-up area shall be included in front of the building, that is long enough to accommodate a bus and which is exclusive of the required parking lot drive aisles.
d.
Heliport/helipad. If a heliport or helipad is provided as an accessory use to the facility, it shall be located at least 1,000 feet from surrounding residential property. The heliport/helipad shall meet all Federal Aviation Administration guidelines as applicable.
8.
Livestock and keeping of farm animals.
a.
Food-producing animals and other farm animals shall only be permitted on agricultural-zoned parcels that are a minimum of 15 acres in size.
b.
These animals include: bees, poultry, horses, donkeys, sheep, goats, cattle, swine and any other livestock.
c.
Miniature breeds of these animals, as pets (i.e., miniature goats, pigs, etc.) are deemed to be farm animals.
9.
Nursing homes and convalescent care facilities.
a.
General. Applications for nursing home and convalescent care facilities shall include a description of the proposed use, including the maximum number of residents and the nature of the condition of circumstances for which care, or a planned treatment or training program will be provided, the number of staff and the name of the agency responsible for regulating or sponsoring the use.
b.
Loading area. A drop-off/pick-up area in front of the building that can accommodate three 20-foot-long vehicles and exclusive of the required parking lot drive aisles, shall be provided.
c.
Other applicable regulations. The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application.
10.
Off-street parking for nearby business or industry.
a.
There must be a need for this parking facility, in the interest of public necessity and convenience.
b.
There must be no other appropriate site available in nearby commercial or industrial areas.
11.
Public utility uses, includes:
a.
Filtration plant, pumping station and water reservoir;
b.
Sewage treatment plants;
c.
Portable signs;
d.
Telephone exchanges;
e.
Electric and gas substations and booster stations;
f.
Other governmental uses
12.
Residential care homes.
a.
A sponsoring agency of the residential care home is required to be licensed or certified by the State of Illinois.
b.
A minimum of 70 square feet of bedroom space shall be provided for every resident, exclusive of caregivers' rooms.
c.
Shall comply with all applicable state and federal regulations, including the Illinois Accessibility Requirements.
13.
Residential short-term rentals
a.
Required application. The owner(s) of any residential property made available for short-term rental shall apply for a short-term rental license. This license shall be reviewed administratively. In issuing the short-term rental license, an all-trades inspection will be done for the premises, and the village may require the applicant to make enhancements or improvements to the property. These requirements may or may not require additional permits and the payment of additional fees.
The applicant shall provide the following documents with the short-term rental license application:
i.
Proof of homeowner's insurance or host protection insurance; and
ii.
List of which hosting platform(s) will be used to market the property.
b.
Fee. The fee to apply for a short-term rental license shall be $400.00. After the initial license issuance, the owner(s) shall pay an annual license renewal fee of $100.00 every 12 months.
c.
Issued short-term rental licenses shall not run with the land and are not transferrable.
d.
The short-term rental license certificate must be kept at the premises, readily available or displayed in clear view.
e.
The property owner(s) must reside full-time within 45 miles of the premises, and must be immediately responsive to any calls or contact initiated by any village department, including the Winnebago County Sheriff's Office. If the owner resides outside of the 45-mile radius, a secondary contact person shall be identified who resides within the 45-mile radius, and they too shall be immediately responsive to any concerns or emergencies.
f.
No onsite signage shall be allowed to advertise the short-term rental.
g.
All owners must use a hosting platform to market the short-term rental. The hosting platform shall be responsible for determining the guests' identification information and the accuracy of that information.
h.
No owner shall rent any short-term rental for any period longer than 30 consecutive days.
i.
The owner(s) shall keep a guest register in which the name of every responsible guest and the guest's arrival and departure dates shall be recorded. The "responsible guest" shall be the person who makes the reservation and who is responsible for payment. The owner shall make the guest register freely accessible to any village department, including the Winnebago County Sheriff's Office, upon request.
j.
Occupancy limitation. In no event shall more than 12 people be at the premises. This includes the renters and their guests, regardless of age, and regardless of the size of the premises.
The maximum number of occupants that are allowed to be at a short-term rental between the hours of 10:00 p.m. and 7:00 a.m. shall be based on the number of bedrooms as follows:
One bedroom: Three people;
Two bedrooms: Five people;
Three bedrooms: Seven people;
Four bedrooms: Nine people.
k.
Parking. All parking for persons occupying a short-term rental must be provided on the same parcel as the residence, must be off-street, and must be located on an improved hard surface or pre-existing gravel surface.
l.
The property shall be maintained in a neat and orderly manner, consistent with the village's property maintenance code and applicable zoning regulations.
m.
A violation of any provision of this section by the owner(s), renters, or guests may constitute grounds for revocation of the short-term rental license and the owner(s) may be fined not less than $100.00 nor more than $500.00 for each day of the offense.
n.
It is the owners' responsibility to be aware of any additional regulations pertaining to their specific property. These residential short-term rental regulations are notwithstanding any additional conditions, covenants, or restrictions that may be in place and enforced by a homeowners association or other parties separate from the village.
14.
Wind-operated energy devices, roof-mounted for on-site power supply only.
a.
General. One roof-mounted wind turbine is allowed per parcel, only if it supplies electrical power solely for on-site use.
b.
Height. The turbine structure with supports shall not be more than eight feet in height. Also, the turbine upon the roof shall not extend taller than the maximum height allowed for principal structures in the zoning district in which the parcel is located.
i.
On a vertical-axis turbine, height shall be measured at the tallest point.
ii.
On a horizontal-axis turbine, height shall be measured at the highest extent of a blade tip.
c.
Appearance. All turbine equipment shall have a flat finish and shall not have any lighting attached to or projected onto it.
d.
Permitting. An electrical building permit must be applied for and issued prior to installation of any roof-mounted turbine equipment.
(Ord. No. 08-22, 2-7-2022; Ord. No. 26-22, 7-5-2022; Ord. No. 48-22, § 1, 11-7-2022; Ord. No. 49-22, §§ 2, 3, 11-7-2022; Ord. No. 41-23, §§ 1—3, 1-2-2024)