This chapter:

(1)

Implements the county comprehensive plan;

(2)

Provides zoning regulations that ensure orderly growth in the county's unincorporated areas by allowing for agricultural, residential, commercial, recreational and industrial uses that are compatible with one another;

(3)

Establishes rules and regulations for subdividing land so that all citizens of the county are protected;

(4)

Promotes the public health, safety, comfort, morals and general welfare;

(5)

Lessens or avoids the hazards to persons and damage to property resulting from the accumulation or runoff of storm or floodwaters;

(6)

Conserves the value of land and buildings throughout the county; and

(7)

Avoids and lessens congestion in public streets and on highways.

(Compiled Ords. 2013, § 19-1.1)

(a)

Zoning affects every structure and use. Except where specifically provided, no building, structure or land shall be used and no part of any building or structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, and no use of land shall expand, except in conformity with the regulations in this chapter for the district where it is located. This chapter does not apply to:

(1)

Regulations, elimination of uses, buildings or structures, or permits for agricultural purposes as defined in 55 ILCS 5/5-12001, except that:

a.

Land use for agricultural purposes must conform to all building setback lines unless otherwise provided in the applicable district regulations; and

b.

All structures must comply with applicable county construction codes and state and federal law.

(2)

The type or location of public utility features as described in 55 ILCS 5/5-12001.

(b)

The subdivision procedures and standards for plat approval set forth in this chapter apply to any division of land subject to the Plat Act, 765 ILCS 205/1 et seq.

(Compiled Ords. 2013, § 19-1.2)

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

100-year (one percent) event means a rainfall, runoff, or flood event having a one percent chance of occurring in any given year.

Accessory use or structure means a use or a structure subordinate to the principal use or building on the same lot or on an adjoining lot under the same ownership, and serving a purpose customarily incidental thereto. Adjoining lots shall include a lot immediately across a street from the owner's residence. The size of such lots will be the determinant as to the maximum size of the accessory structure, not the combination of the lot sizes. Accessory structures may include no more than a half bath (lavatory and toilet), but shall not contain a kitchen. (See section 39-239(a).)

Administrator means the building and zoning administrator. (See section 39-326.)

Adult uses means the following, specific types of establishments:

Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (See the end of the list of adult-use establishments for the article's definition of specified sexual activities or specified anatomical areas.)

Adult bookstore means an establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

b.

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

Adult cabaret means a nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar establishment characterized by (activities featuring) the exposure of specified anatomical areas or by specified sexual activities.

Massage parlor means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. The term "massage parlor" does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Medical cannabis cultivation means the cultivation or growing of medical cannabis cultivation in a cultivation center, a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis, which is run by a registered cultivation center agent as defined in 410 ILCS 130/5(f).

Medical cannabis dispensing means the dispensing of medical cannabis, handled by a registered medical cannabis dispensing organization, or dispensing organization, or dispensary organization, a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, and under the control of a registered, medical cannabis dispensing organization agent as defined in 410 ILCS 130/5(p).

Specified anatomical areas means and includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in subsections a through c of this section.

Adverse impacts means any deleterious impact on water resources or wetlands affecting their beneficial uses including recreation, aesthetics, aquatic habitat, quality, and quantity.

Agriculture means the art and science of farming, including the work of cultivating the soil, producing crops and raising livestock.

Airport/landing field/heliport. See section 39-41 (Use matrix).

Alley means a public or private way not less than 24 feet in width affording secondary means of access to abutting property.

Amusement park means a facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales, provided that they shall be located no closer than 1,320 feet to any pre-existing confinement operation, "A-R" or "R-" district or platted subdivision. See section 39-41 (Use matrix; defining recreation, outdoor).

Applicant means any person, firm, or governmental agency who executes the necessary forms to procure official approval of development or permit to carry out construction of a development from the county.

Appropriate road authority means that local government which maintains or will maintain an existing or proposed subdivision road.

Automobile repair, major. See section 39-41 (Use matrix).

Automobile repair, minor. See section 39-41 (Use matrix).

Automobile sales. See section 39-41 (Use matrix).

Automobile wrecking yard. See section 39-41 (Use matrix).

Base flood elevation means the elevation at all locations delineating the level of flooding resulting from the 100-year frequency (one percent) flood event.

Basement means a story having part, but not more than 50 percent, of its height below the average grade of the adjoining ground (as distinguished from a cellar). A basement shall be counted as a story for purposes of height measurement.

Bed and breakfast. See section 39-41 (Use matrix).

Best management practice (BMP) means a measure used to control the adverse stormwater-related effects of development. BMP's include, but are not limited to, structural devices (e.g., swales, filter strips, infiltration trenches, and detention basins. Refer to the current acceptable standards shown in the environmental protection agency urban manual and/or the soil and water conservation district standards) designed to remove pollutants, reduce runoff rates and volumes, and protect aquatic habitats. BMP's also include non-structural approaches, such as public education efforts to prevent the dumping of household chemicals into storm drains.

Boathouse means any structure used exclusively for protecting or storing of boats and related equipment for non-commercial purposes as an accessory to a residential use. Other features inconsistent with the use of the structure exclusively as a boathouse are prohibited. The floor of the boathouse is required to be above base flood elevation. The boathouse shall not exceed 12 feet in height measured from the peak of the roof to the natural ground grade. It shall not exceed 30 feet in depth or 16 feet in width.

Buildable area means the area remaining on any parcel after all required yards are complied with.

Building means any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. References to a building, structure, lot, premises or similar description used to define a use or situation includes any part of a building, structure, lot, premises, or similar item. This rule does not apply if the definition expressly applies only to an entire building or structure.

Building line means a line, parallel to the street right-of-way line, at a distance therefrom equal to the setback required in this chapter. In the case of a flag lot, this line shall be 47 feet from the closest lot line, parallel to the public road at the end of the flagpole.

Bypass flows means stormwater runoff from upstream properties tributary to a property's drainage system but not under its control.

Campground. See section 39-41 (Use matrix).

Camping trailer means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold or collapse for towing by another vehicle to provide temporary living quarters for recreational, camping or travel use.

Camping vehicle or trailer coach means a vehicular accommodation, not more than 32 feet in length, operating under its own power or towed by an automobile, suitable for temporary habitation, used for travel, vacation, or recreational purposes, and occupied in any one place for a period not exceeding 30 days.

Campsite means a plot of ground within a campground, intended for the exclusive occupation by a camping unit under the control of a camper or the owner of the campground.

Cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Cannabis craft grower means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis cultivation center means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis dispensing organization means a facility operated by an organization or business that is licensed by the state department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the state department of agriculture to either extract constituent chemicals or compounds to produce a cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time. And regulations promulgated thereunder.

Cannabis transporting organization or transporter means an organization that is licensed by the state department of agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Cellar means a story having 50 percent or more of its height below the average grade of the adjoining ground. A cellar shall be counted as a story, for purposes of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.

Channel means any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and bank or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

Channel modification means alteration of a channel by changing the physical dimensions or materials of its bed or banks. The term "channel modification" includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation. The term "channel modification" does not include the clearing of debris or removal of trash.

Clinic. See section 39-41 (Use matrix).

Club, private. See section 39-41 (Use matrix).

Commercial sports. See article V of this chapter.

Communications tower means a structure greater than 35 feet in height (including antenna) which supports communication (transmission or receiving) equipment.

Compensatory storage means an artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when fill or structures are placed within the floodplain.

Comprehensive plan means the adopted plan for orderly growth of the county.

Conduit means any channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or closed.

County board means the Whiteside county board.

Cul-de-sac means an area service road or street with a turnaround.

Days means calendar days.

Detention basin means a facility constructed or modified to provide for the temporary storage of stormwater runoff and the controlled release by gravity of this runoff at a prescribed rate during and after a flood or storm.

Detention time means the mean residence time of stormwater in a detention basin.

Development means any man-made change to real estate.

Drainage plan means a plan, including engineering drawings and supporting calculations, which describes the existing stormwater drainage system and environmental features, as well as the drainage system and environmental features which are proposed after development of a property.

Dry basin means a detention basin designed to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area.

Dwelling means a building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including recreational vehicles, travel trailers or tents.

Dwelling unit means one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Dwelling, farm. See section 39-41 (Use matrix).

Dwelling, manufactured (single-wide), means any structure, built after October of 1976, and regulated under the Federal Manufactured Housing Construction and Safety Act of 1974, that is:

(1)

Designed for permanent habitation;

(2)

Constructed so as to permit its transport on wheels which are temporarily or permanently attached to its frame or undercarriage;

(3)

Is transported from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation; and

(4)

Is designed to permit the occupancy as a dwelling place for one family. See section 39-252 for further restrictions on single-wide placements.

Dwelling, mobile home. See section 39-41 (Use matrix).

Dwelling, modular (includes double-wides). See section 39-41 (Use matrix).

Dwelling, multiple-family. See section 39-41 (Use matrix).

Dwelling, recreational. See section 39-41 (Use matrix).

Dwelling, single-family. See section 39-41 (Use matrix).

Dwelling, two-family. See section 39-41 (Use matrix).

Dwelling, underground/earth-sheltered. See article V of this chapter.

Entrance means a point or place of access to a parcel of land from a road, street or highway.

Erosion means the general process whereby earth is removed by flowing water or wave action.

Essential services. See section 39-41 (Use matrix).

Excess stormwater run-off means the volume and rate of flow of stormwater discharged from a developed drainage area which is or will be in excess of that volume and rate which pertained before development.

Family means one or more persons related by blood, marriage or adoption, or a group of not more than five persons not so related, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit.

Farm means any tract of land used solely for the growing and harvesting of crops; for the feeding, breeding and management of livestock; for dairying or horticultural use or combination thereof, including, but not limited to, hay, grain, fruit or vegetable crops, floriculture, mushroom growing, plant or tree nurseries, orchards, forestry, sod farming and greenhouses; the keeping, raising and feeding of livestock or poultry, including dairying, poultry, swine, sheep, beef cattle, ponies or horses, fur farming, bees, fish and wildlife farming, including dwellings and other buildings when such buildings contribute in whole or in part to the operation of the farm. The term "farm" does not include property which is primarily used for residential purposes even though some farm products may be grown or farm animals bred or fed on the property incidental to its primary use.

Fill/altered area means an area which, due to significant layer removal, compaction or addition of foreign soil, sand or other clean fill, no longer possesses the characteristics or structure of the original undisturbed soil material.

Financial assurance means reasonable assurance from a credit worthy party, examples of which include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit.

Flag lot means a parcel, created by division, which includes a narrow projection or flagpole to reach a public right-of-way.

Flagpole means a narrow extension of a lot or parcel of land, from the buildable area of that lot or parcel to the public right-of-way, and which is not considered as part of the lot area, but serves as access to the lot or parcel.

Flood fringe means that portion of the floodplain outside of the regulatory floodway.

Flood hazard area means an area designated as floodplain on federal floodway and flood insurance rate maps and includes the floodway and flood fringe areas.

Floodprone area means property located in areas delineated as Zone B on the county's flood insurance rate maps or as Zone X on the county's digital flood insurance rate maps, which are subject to occasional flooding.

Flooding, frequent, means an area that experiences frequent flooding conditions. Such areas, under usual weather conditions, will have more than a 50 percent chance of flooding in any year or more than 50 times in 100 years, but less than a 50 percent chance of flooding in all months in any year.

Flooding, occasional, means an area that experiences infrequent flooding conditions. Such areas, under usual weather conditions, will have a five to 50 percent chance of flooding in any year or five to 50 times in 100 years.

Floodplain means that land adjacent to a body of water with ground surface elevations at or below the FEMA base flood elevation (one percent or 100-year flood). The floodplain is also known as the special flood hazard area (SFHA).

Floodway means the channel and that portion of the floodplain adjacent to a stream or water-course which is needed to store and convey the base flood as defined in section 16-20.

Frontage means any lot line which is congruent with a right-of-way line or centerline of a public or private street or road.

Frost line means for purposes of this article, the frost line shall be at a depth of 42 inches. Footings for manufactured or modular homes shall extend below this depth (see section 39-252(2)).

Garage, private means a detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises.

Gas station. See section 39-41 (Use matrix).

Gate means a moveable framework or solid structure, especially one that swings on hinges, controlling entrance or exit to property through an opening in a fence or a wall.

Gate posts means posts or structures, on either side of an entrance to a property, which may or may not be used to hold up a gate. Posts may consist of wood, steel or masonry. In no instance shall masonry type gateposts, positioned within the required front yard, be taller than eight feet or more than three feet thick at any point higher than three feet above the natural grade.

Gross floor area means the sum of the total horizontal areas of all floors of all buildings on a lot, measured from the exterior faces of walls. The term "gross floor area" does not include unenclosed porches, attics not used for human occupancy, any space designed to park motor vehicles, or any floor space intended and designed for heating and ventilation equipment.

Height means in the case of a wall, or part of a building, the vertical distance from the average established curb grade in front of the lot or from the average finished grade at the building line, if higher, to the average height of the top of the cornice of a flat roof, or roof line, or to the deck line of a mansard roof, or the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.

Highway or primary thoroughfare means an officially designated federal or state-numbered highway or other road designed as a highway or primary thoroughfare on the transportation plan as officially adopted and amended from time to time by the plan commission and municipal or county legislative bodies.

Home occupation. See section 39-247.

Household pet means animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, domestic rodents and domestic reptiles. For purposes of this article, pets will not include "hoofed" animals that do not live in a home occupied by humans.

Hydrograph means a graph showing for a given location on a stream or conduit, the flow-rate with respect to time.

Illinois Plat Act. "An Act to revise the Law in relation to plats" approved March 21, 1874 as amended, currently found at 765 ILCS 205/0.01-14, which is hereby incorporated by reference.

Improvement means any man made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

Infiltration means the passage or movement of water into the soil surfaces.

Intermodal shipping container means an international organization for standardization (ISO) standardized six-sided steel shipping container that is built and designed to transport freight across different modes of transportation including ship to rail to truck without having to load and unload such freight. These containers shall be constructed of corrugated steel and may have external dimensions not to exceed eight feet in width, nine and one-half feet in height and 40 feet in length. To be considered an intermodal shipping container for accessory on-site storage, it shall have the convention for safe containers (CSC) safety approval placard affixed at the rear door of the container providing proof that the container has been built, tested and inspected to ISO standards. These intermodal shipping containers may be utilized as accessory buildings in accordance with section 39-239. This definition does not include portable moving/storage containers such as P.O.D.S.® or similar moving/storage containers not designed for transport across all modes of transportation as previously listed.

Junk means and includes, but is not limited to, old, dilapidated scrap or abandoned metal, paper, cardboard, building and construction material and equipment (including, but not limited to wood, lumber, concrete, etc.), bottles, glass, tin cans, appliances, furniture, beds and bedding, rags, rubber, boats, tires, inoperable motor vehicles, machinery parts, and any other manufactured or constructed object which has outlived its usefulness in its original form (notwithstanding the fact that the object may have scrap value or could be reconditioned) where such objects, due to their present condition and/or visibility, may reasonably be construed to be unsightly, dangerous or unsanitary.

Junkyard. See section 39-41 (Use matrix).

Kennel, commercial. See section 39-41 (Use matrix).

Kennel, private. See section 39-41 (Use matrix).

Kitchen means an area or portion of a structure, equipped for and solely used as a place to prepare meals on a regular basis.

Land owners means those persons whose names appear on deeds filed in the county recorder's office. One parcel may have several names of owners on a deed. When figuring the five percent of the landowners in the county, for purposes of a protest of a text amendment, all owners of every parcel in the county will be considered.

Land use plan means the comprehensive long-range plan for the desirable use of land in the county as officially adopted and as amended from time to time by the plan commission and legislative bodies; the purpose of the plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing county needs, in subdividing and use of undeveloped lands, and in the acquisition of land for such public purposes as streets, parks, schools and other public buildings or public purposes.

Landscape contractor. See section 39-41 (Use matrix).

Livestock means any animals bred or kept for use and/or commercial profit, but not to include animals kept or intended to be used as pets. Livestock shall include, but not be limited to cattle, horses, sheep, goats, swine, poultry or any other domestic animals or foul which are raised for sale or use.

Lot means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, that is:

(1)

Intended for transfer of ownership or building development, whether immediate or future, and

(2)

Intended for occupancy by a principal building or use together with its accessory buildings and uses, customarily incidental to it, including the open spaces required by this chapter and having its principal frontage upon a street.

Lot area means the horizontal area within the lot lines of the lot.

Lot, corner, means a lot which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot line, front, means the boundary of a lot which abuts a street. On a corner lot, there will be two front lines. Where the lot abuts a river, the river shall be the front lot line.

Lot line, rear, means the boundary of a lot which is most distant from and is (or most nearly) parallel to the front lot line in the case of an irregular, triangular or gore-shaped lot, a line ten feet in length, within the lot, which is parallel to and at a maximum distance from the front lot line. In case of a corner lot, the rear lot line will be the lot line parallel to the front face of the principal structure.

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

Lot lines means the property lines bounding the lot.

Lot of record means a lot, as shown or described on a plat or deed, which has been recorded in the office of the county recorder prior to the adoption of these provisions.

Lot width means the mean horizontal distance across the lot between side lot lines at the building line measured at right-angles to the depth.

Major drainage system means that portion of a drainage system needed to store and convey flows beyond the capacity of the minor drainage system.

Marina means a marina is an area and/or building whose primary use is the storage, launching and mooring of motorboats and other similar water craft; secondary uses may include those services which are essential for the boating public.

Membership sports and recreation clubs. See article V of this chapter.

Mini-rental storage means a structure containing separate cold storage spaces of varying sizes which are leased or rented on an individual basis. See section 39-254 for special requirements.

Minor drainage system means that portion of a drainage system designed for the convenience of the public. It consists of street gutters, storm sewers, small open channels, and swales and where manmade, is usually designed to handle the ten-year runoff event or less.

Mitigation means and includes those measures necessary to minimize the negative effects which stormwater drainage and development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration.

Mobile home park. See section 39-41 (Use matrix).

Motor home means a vehicular unit built upon a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreational, camping or travel use.

Natural means conditions resulting from physical, chemical, and biological processes without intervention by man.

Nonconforming use means any building, structure or premises lawfully occupied at the time of the enactment of the zoning regulation by a use that does not conform with the provisions of said regulation for the district in which it is located; also, such use resulting from changes in zoning districts or in special provisions made hereafter.

Nursery. See section 39-41 (Use matrix).

On-site sewage absorption area means that part of the subdivision lot which is designated on the sanitation plan to be used exclusively as an on-site sewage disposal area. This area will be reserved for on-site sewage disposal and shall not be used for any other development without the approval of the county health department.

Parking area, accessory, means an area of one or more parking spaces located on the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property other than the public right-of-way, and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.

Pavement means that part of a street having an improved surface.

Peak flow means the maximum rate of flow of water at a given point in a channel or conduit.

Perc, slow, means the movement of water through the soil which is slow enough to adversely affect a specified use such as an on-site, sewage absorption area.

Permanent foundation means for purposes of a manufactured/modular home, a permanent foundation shall be a closed perimeter formation consisting of materials such as concrete, mortared concrete block, or mortared brick, extending into the ground below the frost line, which shall include, but not necessarily be limited to, cellars, basements, or crawl spaces, but does not exclude the use of piers.

Permeability, moderate, means soils having qualities which, when saturated, allow water to move downward through the soil at a rate of 0.6 inch to 2.0 inches per hour.

Permeability, rapid, means soils having qualities which, when saturated, allow water to move downward through the soil at a rate of 6.0 inch to 20.0 inches per hour.

Planning commission means the county regional planning commission. The zoning hearing officer shall act as a regional planning commission and as a zoning hearing officer.

Plat officer means the county employee or official designated by the county board to administer this chapter.

Pollution control facility means any waste storage site, sanitary landfill, waste disposal site, waste transfer station or waste incinerator as defined in chapter 16. Chapter 16 is hereby incorporated by reference, along with any subsequent changes.

Positive drainage means provision for overland paths for all areas of a property including depressional areas that may also be drained by storm sewer.

Primary structure means (for purposes of wind power generating facilities) for each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary structure includes structures such as residences, commercial buildings, hospitals, and day care facilities. Primary structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.

Professional engineer means a qualified individual who is licensed as a professional engineer in any state in the United States.

Property means a parcel of real estate.

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

Reduced zoning envelope means that portion of a lot that delineates the most suitable area for development to occur. Areas beyond the reduced zoning envelope areas are restricted against development in order to preserve the most suitable soils for treating sewage, and to protect unique natural areas, steep slopes, wetlands, floodplains and other similar areas from development encroachment. Reduced zoning envelopes are generally more restrictive than the typical building setback and yard area requirements pursuant to the county zoning regulations.

Regulatory floodway means the channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by the state department of natural resources, office of water resources (OWR), which is needed to store and convey the existing and anticipated future 100-year (one percent) frequency flood discharge with no more than 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent increase in velocities. The regulatory floodways are designated for the county streams on the flood insurance rate maps (FIRM's) prepared by FEMA and dated February 28, 1986 or the digital flood insurance rate maps (DFIRM's) when such maps become available or as may be updated from time to time. To locate the regulatory floodway boundary on any site, the regulatory flood-way boundary should be scaled off the FIRM's and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the regulatory floodway boundary, the OWR should be contacted for the interpretation.

Retention basin means a facility designed to completely retain a specified amount of stormwater runoff without release except by means of evaporation, infiltration, emergency bypass or pumping.

Salvage yard. See Junkyard.

Sanitation plan means a plan, separate from other drawings, which shows the location of the buildable area, possible well locations and possible subsurface absorption areas for each individual lot in a subdivision. Plan requirements will be determined by the county health department, based on the soil types found on the development site.

Scenic route means the roadway and adjacent corridor as viewed from a road or highway designated as a scenic route by the state and/or the planning commission.

Security instrument means any form of security used to cover the cost of proposed improvements to a subdivision prior to its development which shows the good faith of the developer and is acceptable to the county. This shall include, but not be limited to, surety bonds, cash, certificates of deposit, or other negotiable securities.

Sedimentation means the process that deposits soils, debris, and other materials either on other ground surfaces or in bodies of water or stormwater drainage systems.

Severe slope means any slope that exceeds 15 percent.

Sewer system, central, means a central sewer system is a type approved by the state environmental protection agency as properly designed to serve one or more subdivisions. A septic tank is not a central sewer system.

Shopping center, community, means community shopping center shall mean an area within which various facilities and services, such as filling stations, restaurants, banks, fire or police stations, clubs, etc., may be established.

Shopping center, neighborhood, means neighborhood shopping center shall mean a shopping center the principal establishment of which is customarily a supermarket type of food store.

Shopping center, subcommunity, means a shopping center the principal establishment of which is customarily a variety store.

Sign means any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency.

Sign, advertising, directional, means a sign whose primary purpose is to provide directional information to the viewer.

Sign, advertising, non-directional, means a sign whose messages thereon refer to an activity, product or service, etc., not necessarily available at the sign location.

Sign, gross surface area of, means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside the limits of such and not forming an integral part of the display.

Site means any plot or parcel of land or combination of contiguous lots or parcels of land.

Sketch plan means a rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Sketch plan review committee means the committee established by this article to review sketch plans and make recommendations for the preliminary plat.

Small rural business. See section 39-247.

Spot zoning means rezoning of a lot or parcel of land, solely to benefit an owner and not the public, for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.

Stable, private. See section 39-41 (Use matrix).

Stable, public. See section 39-41 (Use matrix).

Storm sewer means a closed conduit for conveying collected stormwater.

Stormwater drainage system means all means, natural or manmade, used for conducting stormwater to, through or from a drainage area to the point of final outlet from a property. The stormwater drainage system includes but is not limited to any of the following conduits and appurtenance features, canals, channels, ditches, streams, culverts, streets, storm sewers, detention basins, swales and pumping stations.

Stormwater management ordinance means the county stormwater management regulations.

Stormwater runoff means the waters derived from melting snow or rain falling within a tributary drainage basin which are in excess of the infiltration capacity of the soils of that basin, which flow over the surface of the ground or are collected in channels or conduits.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor, provided that, for the purposes of determining the required dimensions of yards and courts, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story, respectively, except the first story which may be 15 feet high.

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

Street, road, means any public way set aside as a permanent right-of-way for vehicular or pedestrian access 21 feet or more in width if it existed at the time of the enactment of these regulations, and any such public way created after enactment of these regulations, provided it is 50 feet or more in width.

Structural alteration means any change in the supporting members of a building, including, but not limited to, load-bearing walls, load-bearing partitions, columns, beams, girders or any substantial change in the roof or in the exterior walls.

Structural maintenance means normal upkeep of a structure, including, but not limited to, painting and replacing parts. In the case of buildings, this will include, but not be limited to, painting, siding, replacing doors, windows, roofing, gutters or downspouts, and interior work. As long as such work does not alter a structure or building as defined under "structural alteration," a zoning certificate will not be required.

Structure means anything constructed, the use of which requires permanent location on the ground, or attached to something having permanent location on the ground. Moveable structures of less than 144 square feet will not require a zoning certificate.

Subdivision means the division or re-subdivision of a tract or parcel of land into two or more lots, plots, sites, or other divisions of land; or the consolidation of parcels, for the purpose, whether immediate or future, of transfer of ownership of building development. A re-subdivision of land or lots shall also be considered a subdivision. This does not apply to the exemptions specified under 765 ILCS 205/0.01-143.

Supermajority vote means a vote requiring an affirmative response on the part of three-quarters of the entire county board membership (27 members × ¾ = 21).

Swimming pool, outdoor residential. See section 39-41 (Use matrix).

Thin layer means creviced limestone estimated at less than six feet below grade.

Time of concentration means the elapsed time for stormwater to flow from the most hydraulically remote point in a drainage basin to a particular point of interest in that watershed.

Township road commissioner means any duly elected township road commissioner in the county.

Travel trailer (including fifth-wheel trailers) means a vehicular transportable unit identified by the manufacturer as a travel trailer, whether mounted on wheels or not, designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than 8½ feet and an overall body length of no more than 40 feet, when factory equipped for the road.

Tributary watershed means all of the land surface area that contributes runoff to a given point.

Two-year event means a runoff, rainfall, or flood event having a 50 percent chance of occurring in any given year.

Urban runoff pollutants means contaminants commonly found in urban runoff which have been shown to adversely affect uses in receiving water bodies. Pollutants of concern include sediment, heavy metals, petroleum-based organic compounds, nutrients, oxygen-demanding organics (BOD), pesticides, salt and pathogens.

WECS applicant means the entity or person who submits to the county, pursuant to section 39-267(c), an application for the siting of any WECS or substation.

WECS noncommercial, private project means the placement of a WECS by a private landowner on their own property as an accessory structure pursuant to section 39-267(a)(l).

WECS operator means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.

WECS owner means the entity or entities with an equity interest in the WECS, including their respective successors and assigns. The term "WECS owner" does not mean:

(1)

The property owner from whom land is leased for locating the WECS (unless the property owner has an equity interest in the WECS); or

(2)

Any person holding a security interest in the WECS solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell the WECS at the earliest practicable date.

WECS project means the collection of WECS and substations as specified in the siting approval application pursuant to section 39-267.

WECS substation means the apparatus that connects the electrical collection system of the WECS and increases the voltage for connection with the utility's transmission lines.

WECS tower means the support structure to which the nacelle and rotor are attached.

WECS tower height means the distance from the rotor blade at its highest point to the top surface of the WECS foundation.

Wet basin means a detention basin designed to maintain a permanent pool of water after the temporary storage of stormwater runoff.

Wetland basin means a detention basin designed with all or a portion of its bottom area as a wetland.

Wetness, moderate, means a seasonal high water table estimated at four to six feet below the ground surface.

Wetness, severe, means a seasonal high water table estimated at less than four feet below the ground surface.

Wind energy conversion system (WECS). See article V of this chapter.

Wind power generating facility (WPGF). See article V of this chapter.

WPGF applicant means the entity or person who submits to the county, pursuant to section 39-267(c), an application for the siting of any WECS or substation.

WPGF operator means the entity responsible for the day-to-day operation and maintenance of the WECS, including any third party subcontractors.

WPGF owner means the entity or entities with an equity interest in the WECS, including their respective successors and assigns. The term "WPGF owner" does not mean:

(1)

The property owner from whom land is leased for locating the WECS (unless the property owner has an equity interest in the WECS); or

(2)

Any person holding a security interest in the WECS solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell the WECS at the earliest practicable date.

WPGF substation means the apparatus that connects the electrical collection system of the WECS and increases the voltage for connection with the utility's transmission lines.

Yard sale means the sale of new, used or secondhand items, held by a private party or jointly with other parties, where such items are displayed in the open or in an open building, and members of the public are invited by advertisement, either on or off the premises. Such sales are intended to be short term, held on weekends and on no more than six days in a calendar year. This shall include, but not be limited to, the terms garage, rummage, flea market, backyard or patio sales.

Yard, front, means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified. a corner lot shall have two front yards.

Yard, front; minimum or required, means that portion of the front yard, beginning at the front lot line and extending onto the lot, a distance equal to the stated minimum front yard depth for the zoning district. Exceptions may be found in section 39-76(d)(3).

Yard, rear, means an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, rear; minimum or required, means that portion of the rear yard, beginning at the rear lot line and extending onto the lot, a distance equal to the stated minimum rear yard depth for the zoning district. Exceptions maybe found in section 39-76(d)(5).

Yard, side, means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, side; minimum or required, means that portion of the side yard, beginning at the side lot line and extending onto the lot, a distance equal to the stated minimum and sum for side yards for the zoning districts. Exceptions may be found in section 39-76(d)(4).

Zoning envelope means the three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations, minimum yard setbacks, and sky exposure plane regulations when applicable.

Zoning hearing officer means the county zoning hearing officer; henceforth known as the zoning hearing officer or "commission."

(Compiled Ords. 2013, §§ 19-8.1, 19-8.2; Ord. No. 10, 12-16-2003; Ord. No. 2, 12-19-2006; Ord. No. 2, 2-19-2008; Ord. No. 4, 5-20-2014; Ord. No. 4-2017, § 6, 10-17-2017; Ord. No. 2, 3-21-2018; Ord. No. 11-2019-7, 11-19-2019; Ord. No. 12-2019-3, 12-17-2019; Ord. No. 12-2020-19, § 3, 12-22-2020)

This article shall be in full force and effective July 15, 1959, as passed and adopted this eighth day of June 1959, by the county board, and as amended from time to time.

(Compiled Ords. 2013, § 19-9.2)