(A)   All adult entertainment facilities must comply with all of the following regulations:

      (1)   An adult entertainment establishment may not be located within 1,000 feet of another existing adult entertainment establishment.

      (2)   An adult entertainment establishment may not be located within 1,000 feet of any pre-existing agricultural or residential zoning district.

      (3)   An adult entertainment establishment may not be located within 3,000 feet of a pre-existing school, day care center, cemetery, public park, forest preserve, public housing, religious assembly use, or residential dwelling unit.

      (4)   An adult entertainment establishment may not be located in a structure that contains another business that sells or dispenses alcoholic beverages in any manner.

      (5)   For the purpose of these regulations, measurements must be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed adult entertainment establishment to the nearest property line of another adult entertainment establishment, school, day care center, cemetery, public park, forest preserve, public housing, religious assembly use, residential dwelling unit or agricultural or residential zoning district boundary.

      (6)   The adult entertainment establishment must comply with all requirements of the county ordinance establishing licensing regulations for adult entertainment establishments.

      (7)   Adult entertainment facilities may be approved as a special use in the I-3 zoning district, in accordance with the special use permit procedures of § 155-16.40. They are prohibited in all other zoning districts.

   (B)   Any adult entertainment facility lawfully established before and operating on June 19, 2008 that is in violation of the regulations of division (A) of this section is deemed a nonconforming use. The nonconforming use is permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for 30 days or more. The nonconforming use may not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more adult entertainment facilities are within 1,000 feet of one another and otherwise in a permissible location, the adult entertainment facility that was first established and continually operating at a particular location is the conforming use and the later-established adult entertainment facility is the nonconforming use.

(Ord. effective 10-1-2012)

(Ord. effective 10-1-2012; Ord. 21-233, passed 7-15-2021)

         (a)   Exotic animal rehabilitation facility; indigenous; less than 22 lbs./10 kg. - not less than 2 acres.

         (b)   Exotic animal rehabilitation facility; indigenous; 22 lbs./10 kg. or larger – not less than 5 acres.

         (c)   All other exotic animal uses – not less than 10 acres.

      (3)   Indigenous wildlife: No person shall be permitted to own, harbor or keep in his or her custody any wildlife indigenous to the State of Illinois for the purpose of selling, giving or trading the animal as a pet, irrespective of holding a fur-bearing mammal permit or game breeders permit from the Illinois Department of Conservation. Fur-bearing farms are exempt from this requirement provided that the operation meets the requirement of state and county regulations.

(Ord. 21-233, passed 7-15-2021)

   Bed and breakfast establishments are subject to all the following regulations.

   (A)   No more than four guest rooms are allowed in the dwelling unit, and maximum occupancy is limited to two adults per guest room.

   (B)   Length of stay for a guest may not exceed ten consecutive days.

   (C)   A single non-illuminated wall sign with a maximum area of two square feet is allowed.

   (D)   No parking spaces are allowed in a street yard.

   (E)   Tandem off-street parking spaces may be provided, but not more than two spaces deep.

   (F)   The dwelling in which the bed and breakfast operates must be the principal residence of the operator/owner and the operator/owner must live on the premises.

(Ord. effective 10-1-2012)

   Cargo container storage and maintenance facilities are subject to all of the following regulations. Cargo container storage and maintenance activities within intermodal terminals are subject to the regulations of § 155-9.130.

   (A)   Where allowed. Cargo container storage and maintenance facilities may be approved by special use permit (see § 155-16.40) in the I-3 zoning district, provided that parcel on which the facility is located has a minimum area of 20 acres.

   (B)   Regulations. The following regulations apply to all cargo container storage and maintenance facilities.

      (1)   Stacking and racking.

         (a)   Individual cargo containers may not be stacked more than three units high. When containers are stacked, an additional 20 feet of setback distance must be added for each level of stacked containers above the first level. Empty trailer chassis may not be stacked more than five units high.

         (b)   Chassis stored in an upright position with the trailer bed perpendicular to the ground ("racking") may not exceed 60 feet in height. When racked chassis exceed 30 feet in height an additional one foot of set-back distance must be added for each foot of racked chassis height above 30 feet.

      (2)   Groupings. Side-by-side groupings may not exceed 20 cargo containers or chassis in width and no end-to-end grouping may exceed two cargo containers or chassis in length. Paved access drives with a minimum width of 30 feet must be maintained at all times on all sides of a grouping of cargo containers and chassis.

      (3)   Access. Cargo containers and chassis may not be stored in a manner that blocks access to public rights-of-way, utility or drainage easements or adjacent buildings.

      (4)   Separation distance. No cargo container or chassis may be located within 1,000 feet of any R-zoned lot or any lot occupied by a residential dwelling unit.

      (5)   Required off-street parking. No portion of any required off-street parking or loading/unloading areas may be used for the storage of cargo containers.

      (6)   Historically sensitive site, buildings or structure. Cargo container storage and maintenance facilities may not be located within 1,000 feet of any site designated or identified by any federal, state or local government as a local or national historic landmark, natural area or preserve.

      (7)   Traffic studies. A traffic study must be submitted in accordance with § 155-14.30. Additional documentation must be submitted to address traffic planning and adequacy of the road and bridge infrastructure to accommodate the proposed use.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   Community gardens are subject to the following regulations.

   (A)   A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group.

   (B)   Community garden group members may or may not reside on the subject property.

   (C)   Any structure used in conjunction with a community garden must comply with the following requirements:

      (1)   Be located at least ten feet from any property line.

      (2)   If the total area of structures used in conjunction with a community garden does not exceed 64 square feet, the structures are not considered accessory buildings. Otherwise, all structures used for community gardens are accessory buildings and must comply with the applicable accessory use and structure regulations of § 155-10.10.

      (3)   The following are not considered structures for the purposes of this section: benches, bike racks, cold-frames, hoop houses, raised/ accessible planting beds, compost or waste bins, picnic tables, garden art, rain barrel systems, and children's play areas.

   (D)   The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

   (E)   Sales and donation activities may occur only in locations where retail sales or farm (roadside) stands are an allowed use, provided that on-site sale and donation of crops grown on the community garden site may be authorized as a temporary use in accordance with § 155-10.20.

   (F)   Garden beds on sites known to have been previously occupied by a commercial or industrial use must be raised (elevated) at least 12 inches above surrounding grade. If raised garden beds are not used, the applicant must provide a Phase 1 Environmental Site Assessment (ESA) or applicable site history. Any historical sources of contamination identified in the ESA or applicable site history must be tested to determine type and level of contamination; appropriate remediation procedures must be undertaken to ensure that soil is suitable for gardening. If a raised garden bed is used, it must be made of untreated lumber or plastic.

   (G)   The operator of a community garden must maintain the property in productive use during the growing season.

   (H)   At the end of each growing season annual vegetation must be cut down to a height of not more than six inches above ground level.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   (A)   Construction offices and (equipment and material) storage areas may be located on the site of an on-going construction project, provided that all required permits and approvals have been issued and remain in effect.

   (B)   No construction office or equipment storage area may contain sleeping or cooking accommodations.

   (C)   All offices, storage buildings and equipment must be removed within 14 days of completion of the construction project or upon expiration of the building permit, whichever occurs first.

(Ord. effective 10-1-2012)

   (A)   Clean construction or demolition debris and uncontaminated soil fill. Clean construction or demolition debris fill operations and uncontaminated soil fill operations are subject to the regulations of this section, in addition to any state or federal permitting/ reporting requirements and applicable sections of 35 IAC 1100.

      (1)   Prior to the acceptance of soils for disposal, the site must have a standard operation procedure in place to verify that the regulations of this section have been met.

      (2)   A minimum of one load per day from each generating source must be subjected to a discharge inspection. The selected load must be spread out and screened with a PID or other monitoring device approved by the IEPA. Readings may not exceed 0.0 PPM. Loads must also be screened for non-CCDD materials. Documentation of results must be recorded and the records must be kept per the site's IEPA permit.

      (3)   Any rejected loads must be reported to the Will County Land Use Department, Resource Recovery and Energy Division within 24 hours. For all rejected loads the owner or operator is required to report, at a minimum, name and location address of facility, the date and time of the inspection, the weight or volume of the clean construction or demolition debris or uncontaminated soil, the name of the hauler, the name of the hauling firm, the vehicle identification number or license plate number, the source site owner and operator, and the location of the site of origin of the fill.

      (4)   Applicants must provide the Will County Land Use Department, Resource Recovery and Energy Division with current and complete IEPA permit applications, IEPA Permits, closure/ reclamation plans and NPDES permits as well as relevant correspondence relating to the site.

      (5)   The owner or operator is required to provided and maintain annually a performance bond (or other county-approved financial guarantee) in an amount equal to the estimated cost to close the current operating area. The estimate is subject to annual review and approval by Will County. The financial guarantee must be maintained for a minimum of five years after IEPA has issued a certificate of closure. This performance bond must be purchased by the operator and renewed each year by January 1, naming Will County as beneficiary.

      (6)   An adequate level of pollution liability insurance must be maintained by the operator until five years after the IEPA has issued a certificate of closure. The level of insurance will be reviewed by the county on a case-by-case basis, depending on site factors.

      (7)   In the event that Class I groundwater standards are violated, the owner or operator is required to supply municipal water (or an alternative clean drinking water source such as a deeper well) to residents or businesses served by a private well within one-quarter mile of the facility. Each situation must be evaluated individually and the following parameters must be considered:

         (a)   Is the detected compound a drinking water parameter that is a threat to human health or the environment; and

         (b)   Is the detected compound a result of the operations of the facility or is it a naturally occurring compound present in both upgradient and down gradient wells.

(Ord. effective 10-1-2012)

   (A)   Indoor shooting ranges are considered an accessory use to firearms dealers in commercial and industrial zoning districts.

   (B)   Firearms dealers located in commercial or industrial zoning districts must install and maintain an electronic security system that emits an audible alarm at the firearms dealer's place of business when triggered. The security system must also transmit a silent alarm directly to a public safety agency. If the public safety agency with jurisdiction over the firearms dealer property does not allow for direct transmission of alarm signals, the security system must transmit an alarm signal to a UL-approved monitoring station that must, within two minutes, provide notification to a public safety agency with jurisdiction over the firearms dealer property.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   Group care homes, halfway houses, emergency shelters and temporary shelters are subject to the regulations of this section, as indicated.

   (A)   General regulations. Group care homes, halfway houses, emergency shelters and temporary shelters are all subject to the following regulations:

      (1)   Group care homes, halfway houses, emergency shelters and temporary shelters must be licensed and/or certified by the appropriate federal, state, or local agencies.

      (2)   Group care homes, halfway houses, emergency shelters and temporary shelters are subject to the occupancy limits of BOCA National Property Maintenance Code 1990, Page 20, section PM-403.3, which requires that every room occupied for sleeping purposes by one occupant must contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant must contain at least 50 square feet of floor area for each occupant.

      (3)   Structures and sites must be visually and structurally compatible with the surrounding area.

      (4)   Facilities may house such staff as may be required to meet the standards of federal, state, or local agencies. Support staff are not counted in determining the number of residents.

   (B)   Emergency shelters and temporary shelters. No emergency shelter or temporary shelter may be located within 1,000 feet of an existing emergency shelter or temporary shelter, as measured from lot line to lot line.

   (C)   Halfway houses. No halfway house may be located within 1,000 feet of an existing halfway house, as measured from lot line to lot line.

(Ord. effective 10-1-2012)

   (A)   General regulations. Day care homes and day care centers must be licensed and/or certified by the appropriate federal, state, or local agencies. Facilities that require special use permit approval must be licensed and/or certified by the appropriate federal, state, or local agencies before the special use permit will become effective.

   (B)   Day care homes for adults or children. The following regulations apply only to day care homes:

      (1)   Day care homes for children provide care for no more than 12 children, including the family's (provider's) natural, foster or adopted children and all other persons under the age of 12.

      (2)   Day care homes for adults may provide care for no more than five adults, not including the caregivers.

      (3)   Structures and sites must be visually and structurally compatible with existing structures and sites in the surrounding area.

      (4)   The owner and operator of the day care home must reside in the dwelling unit in which day care services are provided.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

      (1)   Allow households to provide small temporary residences for relatives or household members who are in need of support, while still maintaining some independence.

      (2)   Allow households to provide security and support for relatives or household members with health problems or disabilities.

      (3)   Reduce the degree to which elderly or disabled residents have to choose between increasing isolation in their own homes and institutionalization in nursing homes or similar facilities.

      (4)   Accommodate housing types in residential neighborhoods that are appropriate for households at various stages of the life cycle.

      (5)   Allow ECHO housing in a manner that protects the property values and residential character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removed.

      (1)   A maximum of one ECHO housing unit may be located on a lot, in addition to the principal residence. ECHO housing units are not permitted on lots occupied by accessory dwelling units (see also § 155-10.110(C).

      (2)   ECHO housing units must comply with all applicable setbacks of the subject zoning district.

      (3)   ECHO housing units may not contain more than 1,000 square feet of living space or more than two bedrooms in the R-1 and R-2 zoning district.

      (4)   ECHO housing units may not contain more than 1,200 square feet of living space or more than two bedrooms in A-1, A-2, E- 1 and E-2 zoning districts.

      (5)   ECHO housing units must be a mobile home or an attached or detached pre-manufactured home with a removable foundation.

      (6)   No more than one parking space may be provided for an ECHO housing unit.

      (7)   The owner of the lot must live in either the principal dwelling unit or the ECHO housing unit.

      (8)   The owner of the principal residence and the resident of the ECHO unit must be related by blood, marriage, civil union or adoption or be a licensed caretaker.

      (9)   At least one of the occupants of the ECHO housing unit must be at least 62 years of age, or unable to live independently because of disabilities. All disabled occupants must submit a letter from a licensed physician verifying the disability and stating the permanency of the situation.

      (10)   The owner of the lot must submit an affidavit to the Zoning Administrator every year verifying that the property is being maintained in full compliance with the ECHO housing regulations of this section and that all eligibility requirements continue to be met. Once the eligibility requirements are no longer met, the lot owner has up to six months to remove the ECHO housing unit from the property.

(Ord. effective 10-1-2012; Ord. 16-227, passed 12-15-2016; Ord. 18-1, passed 1-18-2018)

   Entertainment and spectator sports uses are subject to the following regulations, as indicated.

   (A)   Minor outdoor entertainment and spectator sports. Minor outdoor entertainment and spectator sports uses are permitted as of right in the A-1 districts if separated by a distance of at least 500 feet from any R-zoned lot. Minor outdoor entertainment and spectator sports uses separated by less than 500 feet from R-zoned property may be approved through the special use permit procedures of § 155-16.40.

      (1)   A site plan drawn to scale depicting public assembly and activity areas, site improvements, road access, driveways, parking areas and sanitary facilities;

      (2)   A description of facilities for any animals involved in the planned activities;

      (3)   The methods proposed to control dust, erosion, odor, noise, glare, waste disposal (manure, trash, etc.) and traffic congestion;

      (4)   A transportation impact study and a traffic management plan;

      (5)   The hours of operation;

      (6)   The projected number of people on the property during activities;

      (7)   A description of all items for sale during event activities, such as food, beverages and souvenirs; and

      (8)   Additional information as may be required by the Zoning Administrator to enable competent review of the required special use permit.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   (A)   Purpose. The purposes of the intermodal terminal use regulations of this section are to:

      (1)   Permit the development, use and operation of intermodal rail terminal facilities; connecting and switch tracks to provide rail connections between railroad main lines and intermodal rail terminal facilities; short-term storage or staging of goods and commodities in transit; transportation equipment support and storage facilities; warehouse, distribution and other logistics-centered buildings and uses; and other related industrial and commercial uses.

      (2)   Promote a comprehensive master planning approach to (i) the placement of various land uses within intermodal terminal planned unit developments, (ii) rail infrastructure and roadways to support the planned unit development and to minimize external impacts, and (iii) the identification of areas within the planned unit development for stormwater management and other conservation areas.

      (3)   Require a land use master plan that allows for the development of the uses allowed within an intermodal terminal PUD while also promoting the public health, safety and general welfare.

      (4)   Provide developers of large-scale, complex and integrated intermodal rail, logistics and industrial projects with appropriate flexibility to commence and complete such projects in a phased manner and over an extended period of time.

   (B)   PUD approval required. Intermodal terminals require approval in accordance with the PUD approval procedures of § 155-16.50.

   (C)   General regulations. Unless otherwise expressly stated in this zoning ordinance or approved as part of a PUD development plan, intermodal terminals must comply with all applicable regulations of this zoning ordinance, including, for example, the parking, landscaping, sign, and general planned unit development regulations. If the intermodal terminal use regulations of this section are in conflict with other regulations of this zoning ordinance, the intermodal terminal use regulations of this section govern.

   (D)   Minimum land area. An intermodal terminal planned unit development may be approved only on contiguous parcels of 300 acres or more, under single ownership or unified development control at the time that the development plan for the planned unit development is established and approved.

   (E)   Location. The site must be adjacent to a railroad right-of-way and be connected by switches, lead tracks, connecting tracks or spur tracks operated by a railroad common carrier or a short haul or a terminal railroad serving the terminal.

   (F)   Development plans. An intermodal terminal PUD application must be accompanied by a development plan that designates the general location of the various permitted subareas proposed within the planned unit development. There are three permitted subareas, as follows:

      (1)   Intermodal terminal subarea. This subarea consists primarily of the intermodal railroad operations and is considered the most intense land use subarea.

      (2)   Transportation equipment subarea. This is the second most intense land use subarea. Cargo containers awaiting delivery may be stored in this subarea, as may empty containers awaiting re-use. Other permitted uses include trucking companies, grain handling operations and other transportation equipment storage and operations.

      (3)   Industrial park subarea. This category allows for industrial warehouses, logistics and distribution facilities. Accessory uses are also allowed to complement the primary permitted uses. Unless otherwise expressly specified, permitted uses within the subareas are not cumulative.

   (G)   Uses. The following uses are permitted within the designated subareas set forth in the approved development plan for each planned unit development.

      (1)   Intermodal terminal subarea. The following uses are permitted in the intermodal terminal subarea:

         (a)   Intermodal rail and truck terminals, including: switching yards, freight yards, lift tracks and storage tracks; outdoor overhead cranes and gantries; train fueling and maintenance facilities; entrance and exit gates and structures and associated security apparatus; vehicular queuing areas; administrative offices and other buildings and structures customarily accessory to an intermodal railroad facility; cargo container, truck trailer and truck chassis loading and unloading; outdoor storage of truck chassis; short-term outdoor storage of cargo containers and truck trailers; and short term outdoor storage of goods in transit.

         (b)   Railroad rights-of-way and all associated railroad track improvements, including but not limited to tracks, ties, switches, lead tracks, connecting tracks, spur tracks, gates and signals.

         (c)   Governmental offices related to intermodal regulatory functions or customs, and private offices performing such functions under governmental contract.

         (d)   Public and quasi-public utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electrical substations and facilities necessarily accessory thereto.

      (2)   Transportation equipment subarea. The following uses are permitted in the transportation equipment subarea:

         (a)   Short-term storage or staging of goods in transit.

         (b)   Long-term cargo container storage and repair facilities.

         (c)   Truck dispatch yards, including truck storage, fueling and repair facilities.

         (d)   Chassis storage, dispatch and repair facilities.

         (e)   Administrative offices, repair and storage buildings, entrance and exit gates, and other uses ancillary to the foregoing transportation equipment uses.

         (f)   Public and quasi-public utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electrical substations and facilities necessarily accessory thereto.

         (g)   Railroad rights-of-way and all associated railroad track improvements, including but not limited to tracks, ties, switches, lead tracks, connecting tracks, spur tracks, gates and signals.

         (h)   Grain unloading, loading and handling facilities (including the filling of shipping containers or similar vessels for the transportation of grain).

      (3)   Industrial park subarea. The following uses are permitted in the industrial park subarea:

         (a)   Industrial warehouse, logistics and distribution facilities.

         (b)   Office uses.

         (c)   Manufacturing and industrial services; warehousing, wholesaling, and freight movement.

         (d)   Uses and buildings accessory to the foregoing, including any retail sales component that are accessory in nature to the principal use.

         (e)   Governmental offices and facilities, and private offices and facilities under government contract usage.

         (f)   Public and quasi-public utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electrical substations and facilities necessarily accessory thereto.

         (g)   Railroad rights-of-way and all associated railroad track improvements, including but not limited to tracks, ties, switches, lead tracks, connecting tracks, spur tracks, gates and signals.

   (H)   Cargo container regulations.

      (1)   Cargo container storage is limited to the intermodal terminal and transportation equipment subareas. Short-term cargo container storage is permitted in intermodal terminal and transportation equipment subareas. Long-term cargo container storage is only permitted in a transportation equipment subarea.

      (2)   Cargo containers affixed with hazardous materials placards must be handled, stored and stacked in compliance with the Federal Hazardous Materials Transportation Act of 1975, as amended from time to time (49 U.S.C. § 5101) ("HMTA") and all applicable regulations issued pursuant to HMTA.

      (3)   On Site Use of Cargo Containers.

         (a)   Cargo containers may be modified or retrofitted for on-site habitation with a Special Use Permit in accordance with the procedures of § 155-16.40 and shall comply with the regulations of § 155-10.10(C) Accessory Uses - Accessory Dwelling Units and § 155-9.290 Supplementary Uses - Cargo Container Dwelling Units.

         (b)   Within an intermodal rail facility in an intermodal terminal subarea, up to 30 cargo containers may be used as storage units for equipment, replacement parts, air compressors and similar on-site property, and are not subject to durational limitations.

      (4)   Cargo containers may not be stored within a restricted area immediately adjacent to any entrance onto a public road. The restricted area must be at least 100 feet in width and 150 feet in depth and centered in the entranceway.

      (5)   In intermodal terminal subareas, short-term cargo container storage and stacking (not to exceed five units high) is permitted in and adjacent to lift-track areas of an intermodal rail yard, provided that such five-high stacking may not occur within 200 feet of the bottom of the inside face of a required perimeter berm as set forth in the development plan. Elsewhere within the intermodal terminal subarea, short-term cargo container storage and stacking (not to exceed three units high) is permitted, provided that such three-high stacking may not occur within 70 feet of the bottom of the inside face of the required perimeter berms as set forth in the development plan.

      (6)   In transportation equipment subareas, long-term cargo container storage and stacking storage and stacking (not to exceed five units high) is permitted in and adjacent to lift-track areas of an intermodal rail yard, provided that such five-high stacking may not occur within 200 feet of the bottom of the inside face of a required perimeter berm as set forth in the development plan. Elsewhere within the intermodal terminal subarea, short-term cargo container storage and stacking (not to exceed three units high) is permitted, provided that such three-high stacking may not occur within 70 feet of the bottom of the inside face of the required perimeter berms as set forth in the development plan. Cargo containers may not be grouped more than two deep end-to-end, and such two-deep groupings must be separated by drive aisles of not less than 30 feet in width.

      (7)   In transportation equipment subareas, on-road vehicles entering or leaving a cargo container storage yard are restricted to paved surfaces only, and in each such storage yard there must be constructed and maintained sufficient paved areas so as to permit all on-road vehicles to enter, exit, load, off-load, maneuver and otherwise remain at all times on wholly paved surfaces within the storage facility. Other than the required paved areas aforesaid, the remainder of the storage areas in transportation equipment subareas must be paved or surfaced and maintained with not less than 12 inches of dust-retardant compacted gravel material.

      (8)   No removable fastened signage may be displayed on any cargo container, with the exception of standardized safety or warning information placards (including hazardous materials placards used in compliance with the HMTA and all applicable regulations issued pursuant to the HMTA).

      (9)   All cargo containers and truck trailer containers visible to public rights-of-way must be stored in a secure fashion with doors that are fully closed.

   (I)   Site access. Each individual lot or principal building site must have direct vehicular access to a paved public roadway or a paved private easement road.

   (J)   Buffers.

      (1)   A buffer with a minimum width of 100 feet must be provided around the entire exterior perimeter of every intermodal terminal and transportation equipment subarea, except for (i) areas of ingress, egress and drainage out-fall, (ii) railroad rights-of-way containing lead tracks, spur tracks and associated railroad improvements, (iii) land under which pipeline transmission facilities exist, provided that reasonable buffering and/or landscaping must be provided if and to the extent allowed by the pipeline operator, (iv) such portions of any intermodal terminal or transportation equipment subareas that abut each other, and (v) such portions of the perimeter as are specifically designated to have a solid wall in lieu of a buffer with a minimum height of eight feet with an architectural element or stamped detail.

      (2)   Buffers must include an undulated landscaped berm at least 15 feet in height, unless the approved development plan sets forth a requirement for an engineered solid wall of a designated minimum height.

      (3)   Required berms must have a slope of 3:1 on the exterior (street-frontage) side, and may have a slope of 2.5:1 on the interior side.

      (4)   Green space, setback requirements, perimeter berms and setbacks must be shown on the approved development plan.

      (5)   Required perimeter berms must be landscaped and seeded with native grasses. Unless otherwise approved as part of the planned unit development, the required berms for the intermodal terminal and transportation equipment subareas must be installed as part of the activities authorized by the first site development permit issued for that specific subarea on the development plan.

      (6)   Subject to the foregoing requirements, the final design of perimeter berms, berm landscaping or solid wall is subject to review and approval as part of the site development permit process. In appropriate circumstances, the County Board is authorized to reduce both the width of the buffer and the height of the berm, or the height of a solid wall if allowed in lieu of a berm.

   (K)   Security fences.

      (1)   Perimeter and other interior security fences are allowed for all uses in intermodal terminal, transportation equipment and industrial park subareas. Fences may be up to ten feet in height.

      (2)   For buildings in industrial park subareas that do not have front-facing docks, unless occupant security requirements otherwise require, as is reasonably determined by Will County, security fencing may not extend any closer to the street than the front face of the building unless approved as a special use.

      (3)   For buildings in industrial park subareas that do have front facing docks, unless occupant security requirements otherwise require, security fencing may not extend any closer to the street than ten feet from back of curb on the street side edge of a parking area unless approved as a special use.

   (L)   Semi-tractor trailers and truck parking restrictions.

      (1)   In the intermodal terminal subarea, only short-term storage of semi-tractor trailers and trucks are permitted; except that tractors, hostlers and trucks used by the owner or occupant and intermodal facility for its operations in an intermodal terminal subarea is permitted without durational limitations.

      (2)   In the transportation equipment subarea, long-term semi-tractor trailer storage is permitted, and indefinite storage of operable, licensed and registered trucks is a permitted use in the transportation equipment subarea. Tractors, hostlers and trucks used by the owner or occupant of transportation equipment management facility for its operations in a transportation equipment subarea is permitted without durational limitations.

      (3)   In the industrial park subarea, only short-term storage of semi-tractor trailers and trucks is permitted, and the maximum number of accessory parking spaces (not including trailer positions immediately adjacent to dock doors) intended for use by semi-trailers, wheeled containers or truck-trailer combinations at warehouses, distribution facilities and other similar facilities used for storage, loading or off-loading of goods, may not exceed one parking space for every 1,500 square feet of ground floor area of the principal building.

      (4)   In all subareas of the planned unit development, the use of public or private streets for the regular staging of trucks or tractor trailers is prohibited.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018; Ord. 19-241, passed 9-19-2019)

   (A)   All outdoor auto salvage operations must be enclosed on all sides by a solid wall or fence at least eight feet in height. No junk or salvage material may be visible from adjacent streets and lots.

   (B)   All gasoline, motor oils, brake and transmission fluids, antifreeze, hydraulic fluids, battery acids and other fluids must be removed immediately from all salvaged vehicles. Such fluids must be stored and disposed of in a manner that avoids soil and environmental contamination of the subject site and prevents contamination of surrounding properties and waterways.

   (C)   Only processed vehicles may be stored outdoors. Processed vehicle storage areas must have an aggregate base at least four inches in depth throughout and be graded so that no pools of water are present. Pathways at least 20 feet in width must be provided in vehicle storage area to permit access by emergency vehicles.

   (D)   All vehicle crushing must be conducted on an impervious surface.

   (E)   Only processed vehicles may be crushed. Crushed vehicles may be stacked two high and must be stored on an impervious surface.

   (F)   Auto salvage establishments must be properly maintained at all times.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   Landscape and food waste composting operations and land application of landscape waste (including grass clippings, leaves and chipped brush) or food waste (including discarded fruits, vegetables, and grains) are subject to all of the following regulations.

   (A)   Only activities that do not require a permit from the Illinois Environmental Protection Agency, Bureau of Land (IEPA-BOL) are allowed.

   (B)   Landscape waste compost material must be applied on land farmed by the operator of the compost facility. Land application of landscape waste and food waste may occur only on parcels on which an annual crop was planted and harvested during the previous 12-month period.

   (C)   Landscape waste composted and land-applied landscape waste and food waste must be incorporated (tilled) within five days of application at analytically determined agronomic rates including consideration of the carbon/nitrogen ratio, based on soil type, nutrient needs of the soil, nutrient needs of the crop to be grown, and nutrient contents of the material to be applied.

   (D)   All litter must be removed from landscape waste and food waste upon receipt and prior to composting and land application. All litter must be removed from windrows of landscape waste and land applied landscape waste and food waste.

   (E)   The required analytical determination must be based on current crop nutrient needs based on a laboratory soil test by a participating Illinois Soil Testing Association laboratory and include a specified rate of application. The analytical determination must be available for review within ten working days of a request by the county.

   (F)   At no time may the depth of applied landscape waste composted material or food waste exceed the determined agronomic rate. Landscape waste and/or food waste to be land-applied must be land-applied within five days of its arrival at the site.

(Ord. effective 10-1-2012)

   (A)   Any residential leasehold parcel created on or after October 1, 2012 must comply with the subdivision ordinance and all buildings and development on such parcels must comply with applicable zoning regulations.

   (B)   Residential leasehold parcels in existence before October 1, 2012 are deemed to be nonconforming lots.

      (1)   No further subdivision, division or parcelization of such residential lease-hold parcels, other than boundary adjustments that do not result in the creation of additional leasehold parcels, are allowed.

      (2)   Permits may be issued for new construction, mobile home placement and building additions on residential leasehold parcels in existence before October 1, 2012, provided that the proposed construction or placement complies with the Building Ordinance, Water Resource Ordinance and the following lot and building regulations:

 

 

      (3)   Accessory dwelling units of any type are expressly prohibited on nonconforming leasehold parcels.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   (A)   General.

      (1)   Mobile homes are allowed only in approved mobile home parks, on residential leasehold parcels, and in the C-6 district for caretaker or security purposes with an approved special use permit except that a single mobile home is permitted on a lot in the A-1 district with an area of at least ten acres.

      (2)   Mobile homes are subject to applicable health code regulations.

   (B)   Mobile home parks.

      (1)   Permits and approvals.

         (a)   No mobile home park may be established until a special use permit has been approved in accordance with the procedures of § 155-16.40 and the park owner has provided evidence that all state and county requirements have been met and all required permits have been obtained.

         (b)   Existing mobile homes in nonconforming mobile home parks may be replaced, but no additional mobile home units may be added to a nonconforming mobile home park, and the extent of the park's non-conformity may not be increased.

      (2)   Minimum park size. Mobile home parks must have a minimum area of nine acres.

      (3)   Maximum density. The maximum density of a mobile home park may not exceed ten mobile homes per acre of mobile home park area.

      (4)   Minimum space size. Each mobile home space must have a minimum area of 4,000 square feet and a minimum width of 40 feet. No more than one mobile home is allowed per mobile home space.

      (5)   Minimum setbacks. Mobile homes are subject to the following minimum setbacks:

         (a)   From internal park accessways: ten feet;

         (b)   From public streets: 50 feet;

         (c)   From other mobile homes: ten feet.

      (6)   Mobile home stands. Mobile homes must be placed on concrete slabs, piers or runners and be anchored in compliance with applicable state requirements.

      (7)   Internal accessways. All vehicular accessways within a mobile home park must be privately owned and maintained. Vehicular accessways must be paved, with a minimum pavement width of 24 feet.

      (8)   Tenant storage. At least 250 cubic feet of storage area must be provided for each mobile home space in the mobile home park. Tenant storage space may be located in a central building or in individual enclosed storage buildings on each mobile home space.

      (9)   Recreation area. One or more outdoor recreation areas must be provided within each mobile home park. Required recreation area must be located to ensure safety and convenience for users.

      (10)   Water and sewer. Mobile home parks must be served by central water and sewer service.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018; Ord. 19-237, passed 9-19-2019)

   Mining and quarrying may be approved as a special use (See § 155-16.40) in the A-1, I-1 and I-2 districts, subject to all of the following regulations.

   (A)   All open pits and shafts must be located at least 200 feet from any public road and at least 50 feet from any side and rear property line.

   (B)   All buildings or structures must be located at least 200 feet from any property line.

   (C)   The entire operation must be surrounded by a fence or wall at least six feet in height or by a six-foot tall earthen berm and six-foot tall chain-link fence either in front or behind the berm.

   (D)   A land reclamation plan must be provided with the special use application.

   (E)   No blasting or other use of explosives is permitted unless specifically requested and expressly authorized by the approved special use permit. If permitted as part of the approved special use permit, all blasting must conform to the following standards:

      (1)   The use, handling and detonation of explosives (sometimes referred to as "blasting") in connection with the quarrying operations must be under the direct supervision of persons having the requisite experience and knowledge to safely conduct such operations. If the persons are hereafter required to be licensed by any federal agency or by the State of Illinois or Will County, the persons must meet the licensing requirements and obtain the required license.

      (2)   The storage of explosives must occur in accordance with all applicable federal and state laws and regulations and must be stored in magazines, buildings, or structures that meet the safety requirements of applicable laws and regulations.

      (3)   Blasting procedures must be in accordance with modern techniques, generally accepted in the quarrying industry, whereby a shot consists of a series of drill holes containing quantities of explosives fired or detonated in sequences of multiple delays at intervals of milliseconds, so as to counteract and reduce the ground motion or earthborn vibration from each successive detonation (sometimes referred to as "short-period delay blasting"). Blasting procedures must be designed, on the basis of maximum charge per delay (that is, quantity of explosives in pounds per detonation) and distances in feet, so that the maximum ground vibration intensity do not exceed 0.5 inches per second of ground particle velocity resulting from any shot or blast measured by any one of the three mutually perpendicular planes of ground motion as recorded at the nearest existing building.

      (4)   Blasting procedures are subject to and must comply with applicable lawful requirements of the Illinois Pollution Control Board, Illinois Department of Mines and Minerals, Mine Enforcement and Safety Administration (MESA) of the United States Department of the Interior, and any other governmental agency with jurisdiction over the procedures.

      (5)   Blasting procedures must be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies with jurisdiction over the procedures.

      (6)   Compliance with the provisions of these regulations governing blasting procedures and quarrying operations is subject to review and inspection from time-to-time by authorized county officials, upon reasonable prior notice and during reasonable business hours.

      (7)   The actual detonation of any blast is restricted to the local time period between 1:00 p.m. and 4:30 p.m. Monday through Saturday of each week. No blasting may occur on Sunday or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(Ord. effective 10-1-2012)

   The regulations of this section apply to all pipelines that are not constructed in relation to direct development or improvement of agricultural properties and to all properties with sensitive natural resource features, including wetlands, woodlands and other natural features.

   (A)   Pipeline depth.

      (1)   Except for aboveground piping facilities, such as mainline block valves, tap valves, meter stations, etc., the pipeline must be buried with:

         (a)   A minimum of five feet of top cover where it crosses cropland.

         (b)   A minimum of five feet of top cover where it crosses pastureland or other agricultural land comprised of soils that are classified by the USDA as being prime soils.

         (c)   A minimum of three feet of top cover where it crosses pastureland and other agricultural land not comprised of prime soils.

         (d)   A minimum of three feet of top cover where it crosses wooded/brushy land or other sensitive areas.

         (e)   Substantially the same top cover as an existing parallel pipeline, but not less than three feet, where the route parallels an existing pipeline within a 100-foot perpendicular offset.

      (2)   Notwithstanding the foregoing, in those areas where (1) rock in its natural formation and/or (2) a continuous strata of gravel exceeding 200 feet in length are encountered, the minimum strata must be at least 30 inches.

      (3)   All pipelines should be covered with at least five feet of soil.

   (B)   Replacement of topsoil.

      (1)   The topsoil depth must be determined by a properly qualified, independent soil scientist or soil technician who must set stakes at least every 200 feet along the right-of-way identifying the depth of topsoil to be removed.

      (2)   The actual depth of the topsoil, not to exceed 36 inches, must first be stripped from the area to be excavated above the pipeline and from the adjacent subsoil storage area. The topsoil must be stored parallel to the pipe-line trench in such a manner that it will be intermixed with subsoil materials.

      (3)   The topsoil must be replaced so that after settling occurs, the topsoil's original depth and contour (with an allowance for settling) will be restored. The same requirements apply where excavations are made for road, stream, drainage ditch, or other crossings. Topsoil materials may not be used for any other purpose.

      (4)   As the topsoil is replaced, all rocks greater than three inches in any dimension must be removed.

   (C)   Restoration of ground cover.

      (1)   All soil conservation practices (such as terraces, grassed waterways, etc.) That are damaged by the pipeline's construction must be restored to their pre-construction condition.

      (2)   Sensitive areas must be restored by seeding or planting vegetation that will establish preexisting character or to the landowner's desire, not to exceed what was formerly present.

   (D)   Restoration and repair of field tiles.

      (1)   All tile lines within the right-of-way prior to the pipeline's installation must be identified so that necessary repairs can be made. The pipeline company must request information regarding line locations from affected landowners/tenants before the pipeline's installation. All identified tile lines must be staked or flagged before construction to alert construction crews to the possible need for tile line repairs.

      (2)   All tile lines that are damaged, cut, or removed must be staked or flagged with the stakes or flags in such a manner that they will remain visible until permanent repairs are completed. Tile lines must be restored to their original route within 14 days of the tile being broken or damaged.

      (3)   If tile lines are severed by the pipeline trench, angle iron, I-beams, or an equivalent must be used to support the repaired tile lines. The support members must be installed to rest on a minimum of eight-inch undisturbed soil shelves, and they must be sufficient to support a ten-ton point load on the surface directly above the repaired tile line.

   (E)   Ingress and egress routes. Prior to the pipeline's installation, the pipeline company and the landowner must reach a mutually acceptable agreement on the route that will be utilized for entering and leaving the pipe-line right-of-way should access to right-of-way not be practical or feasible from adjacent segments of the pipeline right-of-way or public highway or railroad right-of-way.

   (F)   Required notifications.

      (1)   The property owners of the land on which the pipe will be located must be notified of the project intent and approximate scheduling of the construction.

      (2)   Written permission must be obtained from each property owner affected for pipelines not approved by the Federal Energy Regulatory Commission.

      (3)   Pipeline companies seeking requesting a certificate of public convenience and necessity must provide written notice to the County Executive at least 30 days before any Federal Energy Regulatory Commission hearing.

(Ord. effective 10-1-2012)

   (A)   Purpose.

      (1)   General. The PUD, Planned Unit Development regulations are intended to accommodate development that provides public benefits but that may be difficult if not impossible to carry out under otherwise applicable zoning and subdivision regulations. Examples of the types of developments that are appropriate for approval through the PUD regulations include the following:

         (a)   Enhanced protection of natural resource areas. Developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, woodlands, wildlife habitats and native plant communities.

         (b)   Traditional urban development. Developments characterized by lot configurations, street patterns, streetscapes, and neighborhood amenities commonly found in neighborhoods platted or otherwise created before the 1950s.

         (c)   Mixed-use development. Developments that contain a complementary mix of residential and nonresidential uses.

         (d)   Intermodal terminals. Intermodal terminals require PUD approval. See also § 155-9.130.

         (e)   Sustainability. Developments that incorporate sustainable ("green") building and development practices, as evidenced by attainment of LEED "Certified," "Silver," "Gold" or "Platinum" status.

      (2)   Objectives. Different types of PUDs will promote different planning goals. In general, however, PUDs are intended to promote the following objectives:

         (a)   Implementation of and consistency with the county's adopted plans and policies, including the Land Resource Management Plan;

         (b)   Flexibility and creativity in responding to changing social, economic and market conditions allowing greater public benefits than could be achieved using conventional zoning and subdivision regulations;

         (c)   High levels of energy conservation and environmental sustainability;

         (d)   Advancement of economic opportunity and social equity;

         (e)   Variety in housing types and sizes to accommodate households of all ages, sizes, incomes and lifestyle choices;

         (f)   Compact, mixed-use development patterns where residential, commercial, civic, and open spaces are located in close proximity to one another;

         (g)   A coordinated transportation system that includes an inter-connected hierarchy of facilities for pedestrians, bicycles, and vehicles;

         (h)   Compatibility of buildings and other improvements as determined by their arrangement, massing, form, character and landscaping;

         (i)   The incorporation of open space amenities and natural resource features into the development design;

         (j)   Stormwater BMPs (best management practices); and

         (k)   Attractive, high-quality landscaping, lighting, architecture and signage that reflect the unique character of the development.

   (B)   Unified control. The site must be under single ownership and/or unified control at the time of final plat approval.

   (C)   Procedure. PUDs must be reviewed and approved in accordance with the planned unit development procedures of § 155-16.50.

   (D)   Developer's statement of intent. Each PUD application must include a written explanation from the applicant describing the overall community benefits of the proposed development and how the proposed development provides greater benefits to the county than would a development carried out in accordance with otherwise applicable zoning and subdivision regulations.

   (E)   Approval criteria. A PUD may be approved only when the County Board determines that the proposed PUD would result in a greater benefit to the county than would development under conventional zoning regulations. Such greater benefit may include implementation of adopted planning policies, natural resource preservation, urban design, neighborhood/ community amenities or an overall level of development quality.

   (F)   Regulations eligible for waiver of modification. Unless otherwise expressly approved by the County Board as part of the PUD approval process, PUDs are subject to all applicable regulations of this zoning ordinance and the subdivision ordinance. The County Board is authorized to approve PUDs that deviate from strict compliance with specified regulations and standards if they determine that the resulting development satisfies the approval criteria of division (E) of this section.

   (G)   Residential density.

      (1)   Facility and service adequacy. Before approving any density increase, the County Board must determine that the increased density can be supported by existing and planned public facilities and services.

      (2)   General public benefit. The maximum allowable residential density of the subject zoning district may be increased by up to 10% above the maximum density allowed by the subject zoning district if the County Board determines that such an increase is warranted to support the public benefit likely to result from the proposed development.

      (3)   Sustainability.

         (a)   If the developer commits to attainment of LEED-ND certification or an equivalent or higher level of sustainability as certified by a county-approved accreditation organization, the County Board may allow the maximum residential density of the subject zoning district to be increased above the maximum density allowed by the subject zoning district, in accordance with the following table:

 

 

         (b)   Because sustainable or "green" project certifications cannot occur until after development is completed, any density bonuses granted must be based on the developer's good faith commitment to achievement of the applicable sustainability level.

            1.   The developer (applicant) must submit a binding letter of intent that communicates their commitment to achievement of the required sustainability level.

            2.   The county will then issue subsequent approvals based on this commitment.

            3.   A letter of credit, other county-approved financial guarantee or other reliable method must be established by the County Board at the time of approval to ensure ultimate compliance with the required sustainability level.

            4.   Any forfeited financial guarantees and all penalties collected must be contributed to a green building fund dedicated to supporting market adoption of green building practices.

   (H)   Streets. Minimum right-of-way widths of 50 feet are required.

   (I)   Conditions and guarantees. Before approving a PUD, the Planning and Zoning Commission may recommend, and the County Board may impose conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and ensure compliance with applicable regulations and standards. The County Board may require such evidence and guarantees as it deems necessary to ensure ongoing compliance with conditions stipulated in the approved PUD.

(Ord. effective 10-1-2012)

   (A)   Concrete and asphalt recycling facilities.

      (1)   Sites that recycle concrete or asphalt must comply with all applicable state and federal regulations. This includes providing records, upon request to demonstrate that at least 25% of the total amount of recycled concrete or asphalt present at the site during a calendar year was transported off of the site during the next calendar year.

      (2)   All concrete or asphalt loads accepted may be kept on site for a maximum period of four years.

   (B)   General construction or demolition debris recycling facilities. The regulations of this section apply to general construction or demolition recycling facilities.

      (1)   Site and siting.

         (a)   The minimum area requirement for general construction or demolition recycling facilities is five acres.

         (b)   General construction or demolition debris recycling facilities must be located at least 500 feet from any residential zoning district unless otherwise expressly approved as part of the special use permit procedures of § 155-16.40. Considerations for modifying the location standard may include the separation of the residentially zoned property from the proposed site by a designated truck route, active rail line, high voltage power transmission easement or other clearly demarcated land-use planning transition boundary.

         (c)   General construction or demolition debris receiving/tipping areas must be constructed of a low permeability material (e.g., Portland cement concrete, asphalt concrete) that prevents infiltration and is able to withstand anticipated loads.

         (d)   The facility must be equipped with a fence of at least eight feet in height located to secure the operating areas of the facility during non-operating hours as well as assist in minimizing the potential for litter to leave the facility.

      (2)   Putrescible material, runoff and discharge permits.

         (a)   All loads containing putrescible materials must be tipped, processed and stored indoors or under cover until sent offsite for reuse, recycling, or disposal. Wood may be stored outside if sorted within 72 hours of receipt and immediately processed.

         (b)   Any leachate or runoff from waste/ recyclable material must be contained onsite.

         (c)   All state discharge permits or other applicable permits must be acquired prior to commencing operations.

         (d)   All necessary permits must be acquired to store fuel or other regulated material onsite.

      (3)   Special use permit application and submittal requirements.

         (a)   The application for a special use permit must be accompanied by:

            1.   A site plan and architectural drawing depicting building and structure elevations and descriptions of such buildings and structures necessary to convey the architectural appearance and physical magnitude of the proposed improvements;

            2.   A narrative description of the activities proposed to be conducted indoors or under cover within the facility boundaries;

            3.   A narrative description of other proposed uses (such as, but not limited to truck storage, maintenance, fueling, and container storage) and a demonstration that other such uses can be conducted in a safe and unobtrusive manner without interference with safe recycling activities on the site; and

            4.   A plan describing how incoming material will be handled (both under cover and outdoors), areas for sorting, processing, storing, baling and container storage and all equipment that will be used.

         (b)   A spill plan must be submitted for review and approval by the county as a condition of the special use permit.

         (c)   The site plan must include at least the following information:

            1.   A legal description of the subject property; access/egress point(s);

            2.   Parking areas;

            3.   Any buildings, structures or fixed equipment:

            4.   The extent of paved or impervious surfaces; material tipping/receiving areas;

            5.   Material processing areas;

            6.   Areas of proposed material stockpiling (by material type);

            7.   Material loading areas; and

            8.   Fencing, berm or screening features.

         (d)   If the applicant and Will County have previously entered into a host agreement for the proposed general construction or demolition recycling facility, the terms and conditions of that host agreement must be incorporated as conditions of the special use permit and may be enforced by any party to the agreements.

      (4)   Operating plan. The applicant must provide with a special use permit application a proposed operating plan that contains at least all of the following information:

         (a)   Number of employees anticipated at the facility;

         (b)   Proposed hours of operations for receipt of general construction or demolition debris and for processing and shipment of general construction or demolition debris;

         (c)   Proposed daily average/maximum volume (in tons) of general construction or demolition debris to be received at the facility. The minimum amount of recyclable material shipped offsite must be at least 75% of the total incoming material on a quarterly basis, or more frequently if applicable regulations are more stringent;

         (d)   The types of material tracking methods and recordkeeping to be employed to demonstrate compliance with applicable recycling thresholds. Records must be kept in accordance with regulatory standards. A daily record of incoming/ outgoing material or waste must be kept and reported no less than quarterly to the Will County Land Use Department. All records must be maintained by the operator at the facility for a period of at least three years or longer in the event of a dispute. The operator must allow reasonable access to inspect the facility during operating hours for compliance with applicable approvals, permits and regulations;

         (e)   The procedures by which all non-recyclable general construction or demolition debris will be removed and disposed within 72 hours of receipt. Describe the method and equipment used to load recyclable and non-recyclable general construction or demolition material prior to shipment from the facility;

         (f)   The end-use markets for separated general construction or demolition debris to demonstrate compliance with meeting applicable recycling thresholds;

         (g)   A closure plan for the facility;

         (h)   The maximum number of vehicles (by vehicle type) proposed to utilize the facility on a daily basis;

         (i)   All processing equipment proposed to be utilized to prepare the recyclable general construction or demolition debris for stockpiling or shipment and the location and design of any noise-buffering elements, sheltering and operating controls to minimize noise impacts;

         (j)   Operating methods employed to control odor, accidental combustion of materials, vectors, dust, and litter. Any and all air permits from the IEPA, USEPA, or other applicable regulatory authorities must be obtained as necessary;

         (k)   The method and equipment utilized to load recyclable and non-recyclable general construction or demolition for shipment from the facility; and

         (l)   Typical and maximum anticipated height of stockpiled recyclable general construction or demolition debris for each recyclable material by type. Identification of the buffering and/or screening measures employed to minimize the visual impact of the proposed stockpiles from surrounding land uses.

      (5)   IEPA permit. The special use permit will become effective upon receipt of a permit from the Illinois Environmental Protection Agency in accordance with Section 22.38 of the Illinois Environmental Protection Act ("The IEPA Act"). It must be a condition of the special use permit that the facility continues to operate in accordance with Section 22.38 of the IEPA Act and all other regulations and applicable permits.

   (C)   Recyclable material drop-off facilities. The regulations of this section apply to all recyclable material drop-off facilities.

      (1)   Recyclable material drop-off facilities may only accept consumer recyclable commodities and accumulate or store them for a maximum of 60 days after their receipt. Recyclable material drop-off facilities may not accept general construction or demolition debris or clean construction or demolition debris.

      (2)   Consumer recyclable commodities may only be accepted directly from the consuming party.

      (3)   The types of consumer recyclable commodities accepted at the subject recyclable material drop-off facility must be clearly identified.

      (4)   Consumer recyclable commodities must be accepted, accumulated, or stored in containers that protect their marketability.

      (5)   Recyclable material drop-off facilities must be operated in a safe, sanitary, and litter-free manner that protects human health and the environment.

      (6)   Dust, odors, noise, and other nuisances resulting from the operation of recyclable material drop-off facilities must be minimized to the greatest extent practicable.

      (7)   Contact between consumer recyclable commodities and disease vectors or other nuisance organisms must be prevented.

      (8)   Accumulation of surface water in areas where consumer recyclable commodities are accepted, accumulated, or stored must be prevented.

      (9)   Consumer recyclable commodities or other material may not be disposed of at the facility.

      (10)   No processing of recyclable material may occur in conjunction with a recyclable material drop-off facility.

      (11)   In order to be classified as in "indoor" facility all storage and work areas must be located within completely enclosed buildings. Outdoor storage is limited to drop-off recycling bins, which must be screened from view with a solid fence or wall at least six feet and no more than eight feet in height. Storage material may not exceed the height of the fence or wall.

   (D)   Recyclable material processing facilities. The regulations of this section apply to all recyclable material processing facilities.

      (1)   Recyclable material processing facilities may not accept or process general construction or demolition debris or clean construction or demolition debris.

      (2)   All putrescible waste must be processed and stored within completely enclosed buildings.

      (3)   The material recycling facility must be operated in a safe, sanitary, and litter free manner that protects human health and the environment.

      (4)   Dust, odors, noise, and other nuisances resulting from the operation of the material recycling facility must be minimized to the greatest extent practicable.

      (5)   Contact between consumer recyclable commodities and disease vectors or other nuisance organisms must be prevented.

      (6)   Accumulation of surface water in areas where consumer recyclable commodities are recycled must be prevented.

      (7)   Unauthorized entry into recyclable material processing facilities must be prevented.

         (a)   Measures to prevent unauthorized entry include appropriate signs located at entrances and other locations in a sufficient number and size to be seen from any approach to the facility and may include fencing where appropriate.

         (b)   If consumer recyclable commodities are accepted directly from the public:

            1.   A designated and clearly identified public consumer recyclable commodities acceptance area that minimizes the potential for accidents and unauthorized entry into non-public areas of the recyclable material processing facility must be provided; and

            2.   The types of consumer recyclable commodities accepted from the public and the containers in which they are accepted must be clearly identified.

      (8)   If the material processing facility is located on a site where activities other than the recycling of consumer recyclable commodities occur, the recycling of consumer recyclable commodities must be kept separate from all other activities at the site.

      (9)   If material that will not be recycled at the material recycling facility is discovered, the material must be placed in a container by the end of the operating day, accumulated or stored separately from material being recycled, and properly disposed of within seven days after its receipt.

      (10)   In order to be classified as an "indoor" facility all storage, processing and work areas must be located within completely enclosed buildings. Outdoor storage is limited to drop-off recycling bins, which must be screened from view with a solid fence or wall at least six feet and no more than eight feet in height. Storage material may not exceed the height of the fence or wall.

   (E)   Soil storage, recycling and reuse. Soil storage, recycling and reuse facilities (sites) are subject to the regulations that apply to uncontaminated soil fill operations (see § 155-9.70(A)).

(Ord. effective 10-1-2012)

   Battery energy storage facilities are subject to the following regulations:

   (C)   Buildings are subiect to the lot and building standards of the underlying zoning district.

   (E)   A battery energy storage system is not classified as cargo container for the purpose of § 155-10.10(K).

      (1)   Preliminary site plan identifying the following:

         (a)   Subject property induding the property lines, setback lines, and right-of-way lines.

         (b)   Physical features including but not limited to roads, floodplain(s) (if applicable), wetland(s) (if applicable), existing and proposed building(s), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and fencing.

      (2)   Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.

      (3)   Letter of intent with the applicable road authority that acknowledges the proposed project and a preliminary agreement with the road district's requirements. Or certified letter with return receipt requested evidencing a good faith effort to contact the applicable road authority.

      (4)   Proposed product cut-sheets.

      (5)   Visual screening report that includes the following:

         (a)   A map of homes within 300 feet of the facility,

         (b)   Locations and type of existing vegetation that provides screening of views of the facility,

         (c)   Locations of homes within the subject property and residential properties that have waived visual screening, and

         (d)   Topographic features that provide screening of the facility.

      (6)   Interconnection service agreement or evidence of filing required interconnection service applications with the electric utility.

      (7)   Preliminary operation and maintenance plan of the battery energy storage facility, including measures for maintaining safe access to the installation, stormwater controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.

      (8)   Proof of liability insurance.

      (9)   Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down the battery energy storage facility throughout the life of the installation.

      (10)   Redacted copy of the memorandum of lease for the subject property.

(Ord. 22-256, passed 10-20-2022)

   Residential convenience and support establishments are allowed in the R-6 zoning district in conjunction with multi-dwelling buildings, provided they comply with the following regulations.

   (A)   Residential convenience and support establishments must be located in the same building as the principal residential use, and occupy in aggregate, no more than 4,500 square feet or 15% of the gross floor area of the principal residential use, whichever is less.

   (B)   Residential convenience and support establishments are limited to a maximum of one nonilluminated wall sign not exceeding three square feet in area.

(Ord. effective 10-1-2012)

   Self-service storage facilities are subject to all of the following regulations.

   (A)   Self-service storage facilities are limited to dead storage use only.

   (B)   No activities other than rental storage units and pick-up and deposit of dead storage are allowed on the premises.

   (C)   All storage on the property must be kept within an enclosed building, except in the I-3 district where outdoor storage of recreational vehicles is allowed as of right and in C-3, C-4, I- 1 and I-2 districts, where outdoor storage of recreational vehicles may be approved as a special use.

   (D)   A fence must be provided around the perimeter of all drive-up style self-service storage developments. The fence must be at least six feet in height and must be constructed of opaque materials such as brick, stone, architectural tile, masonry units, wood, or similar finish materials that will prevent the passage of light and debris. Chain link and woven wire fences are expressly prohibited.

   (E)   No door openings for a drive-up style self-storage unit may face any R-zoned property.

   (F)   No drive-up style self-service storage building may exceed 12 feet in height.

   (G)   No drive-up style individual storage unit may exceed 600 square feet in floor area.

   (H)   Parking and loading/unloading areas must be provided. Drive-up style self-service storage uses may provide required parking within parking/driving lanes adjacent to the storage unit buildings. These lanes must be at least 26 feet in width when storage units open onto only one side of the lane and at least 30 feet in width when storage units open onto both sides of the lane.

   (I)   No person, on premises covered by a special use permit for self-service storage facility may conduct:

      (1)   Any business activity (other than rental of storage units) including miscellaneous or garage sales, and transfer/storage businesses that utilize vehicles as part of the business.

      (2)   Servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment.

   (J)   All self-service storage facility rental/lease agreements must include clauses prohibiting:

      (1)   The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.

      (2)   The use of the property for uses other than dead storage.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018; Ord. 22-258, passed 9-15-2022)

   Commercial solar energy facilities may be approved as a special use (see § 155-16.40) in the A-1 zoning district and I-1, I-2, and I-3 Industrial zoning districts and are subject to compliance with the following regulations. (See § 155-10.10(F), Accessory solar energy systems for any solar energy system not applicable to commercial solar energy facilities.)

      (1)   Buildings are subject to the setback regulations of the subject zoning district.

      (2)   Solar energy systems, excluding fences, are subject to the following setbacks:

         (a)   At least 50 feet from the nearest edge of public right-of-way unless waived by written consent by each affected non-participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e);

         (b)   At least 50 feet from adjacent properties not included in the subject property as depicted in the site plan unless waived by written consent by each affected non-participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e);

         (c)   At least 150 feet from the nearest point of the outside wall of a dwelling unit or occupied community building on any property not part of the subject property unless waived by written consent by each affected property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e);

         (d)   District requirements apply to existing structuresof the subject property, including homes, barns, sheds, or outbuildings;

         (e)   Zero feet for side and rear yards on all properties that are adjacent and within the subject property.

      (1)   Topsoils shall not be removed from the site during development unless the removal is expressly approved as part of the special use permit.

      (2)   Perennial vegetative ground cover must be maintained or established in all areas of the solar energy systems. The seed mix selections for both temporary and long-term mixes shall be determined at the time of the pre-construction meeting as detailed in division (J) of this section.

      (3)   Perennial vegetative ground cover or farm crops must be maintained or established in required setbacks to prevent erosion and manage run-off.

      (4)   Stormwater calculations showing a net watershed benefit from the project shall be accepted in lieu of a stormwater management plan. To determine applicability of § 164.020(c)(4), new impervious surfaces shall be analyzed on a parcel-by-parcel basis.

      (5)   A Preliminary Maintenance Plan shall be approved by the County Board at the time of special use permit approval and shall be implemented during the term of the Special Use Permit. Any revisions to said plan may be approved in writing by the Zoning Administrator or the County Board.

      (6)   The use of earthen berms may be used by the applicant but are explicitly not required by the county as a condition of any Special Use Permit.

   (A)   No portion of any wholesale power generator structure may be located within 1,320 feet of R-zoned lots or residential dwelling units.

   (B)   Wholesale power generation facilities may not:

      (1)   Draw more than 1,000 gallons water from subsurface water aquifers for each megawatt of electricity generated;

      (2)   Use fuels other than natural gas; or

      (3)   Exceed 1,500 hours of operation per turbine, per year.

(Ord. effective 10-1-2012)

   Commercial wind energy facilities may be approved as a special use (See § 155-16.40) in the A-1 zoning district and I-1, I-2, and I-3 Industrial zoning districts and are subject to compliance with the following regulations. (See § 155-10.10(G), Accessory wind energy systems for any wind energy system less than 500 kilowatts in total nameplate generating capacity.)

   (B)   Maximum height. Electric-generating wind devices may not exceed 500 feet in height, measured to the blade tip of the rotor at its highest point.

   (C)   Minimum setbacks. Unless waived by written consent by each affected non- participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e), excepting division (C)(6) of this section:

   (F)   Application requirements. The following items must be submitted with the special use permit application:

      (1)   Site plan showing the following:

         (a)   Survey of property or properties included in the proposal.

         (b)   Include distance to nearest residential dwelling.

         (c)   Setback regulations of the zoning district.

         (d)   Setback regulations for each electric-generating wind device tower.

         (e)   Any floodplain or wetland on the property.

         (f)   Any existing or proposed roads.

         (g)   Location, height and dimensions of all existing and proposed structures and fencing.

         (h)   Any easements or above-ground utilities on the property.

         (i)   Surrounding zoning and uses within 1,320 feet of the property.

      (2)   A project proposal that includes the following:

         (a)   Name, company, address and phone of the owner, developer or any other interested party.

         (b)   Project summary including the nameplate generating capacity; equipment manufacturer; type of electric-generating wind device and number of electric-generating wind device; the nameplate generation for each electric-generating wind device.

         (c)   Maximum height and ground clearance for each electric-generating wind device.

      (3)   An avian and bat habitat study completed by an ornithologist, chiropterologist, or wildlife biologist if not addressed within an EcoCAT report and recommendations as provided in division (F)(8) of this section.

      (4)   Proof of compliance with noise regulations of the Illinois Pollution Control Board.

      (5)   Determination by the Federal Aviation Administration that the proposed structures do not interfere with or present a hazard to any public or private aircraft.

      (2)   Test wind towers may not exceed 500 feet in height, as measured to the tip of the rotor in its highest position.

      (3)   Test wind towers must be dismantled within three years of installation.

      (4)   Test wind towers must be set back from all property lines a distance that is equivalent to 125% of the test wind tower height.

      (5)   Building permit applications for test wind towers must be accompanied by standard drawings of the structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the adopted county building codes and certified by an Illinois licensed professional structural engineer must be submitted. A valid first generation seal is required.

   (A)   Siting.

      (1)   Agricultural, commercial, industrial and other nonresidential zoning districts are the most desirable locations.

      (2)   R-zoned lots that are not used for residential purposes are the second most desirable location.

      (3)   R-zoned lots that are two acres or more in area and used for residential purposes are the third most desirable location.

      (4)   R-zoned zoned lots that are less than two acres in area and used for residential purposes are the least desirable location.

   (B)   Qualifying wireless telecommunications structures. The following regulations apply to qualifying wireless telecommunications structures.

      (1)   No minimum lot area, width or depth is required for a qualifying structure. A facility may be located on the same zoning lot as one or more other structures or uses and not be in violation of this ordinance. If the site is a residentially zoned lot that is less than two acres in area and used for residential purposes, a variance is required in accordance with § 155-16.70(M).

      (2)   No portion of a facility's supporting structure or equipment housing may be located within 15 feet of a street lot line or within ten feet of any other lot line.

      (3)   The overall height of the facility, including the structure cannot be more than 15 feet taller than the height of the structure before the installation or not more than 15 feet taller than a substantially similar, substantially same-location replacement of an existing structure.

      (4)   No bulk regulations or lot coverage, building coverage, or floor area ratio limitations apply to a facility or to any existing use or structure coincident with the establishment of a facility.

   (C)   Non-qualifying structures. The following regulations apply to non-qualifying wireless telecommunications structures.

      (1)   No minimum lot area, width or depth is required for a non-qualifying structure. A facility may be located on the same zoning lot as one or more other structures or uses and not be in violation of this ordinance. If the site is a residentially zoned lot that is less than two acres in area and used for residential purposes, a variance is required in accordance with § 155-16.70(M).

      (2)   No portion of a facility's supporting structure or equipment housing may be located within 15 feet of a street lot line or within ten feet of any other lot line.

      (3)   If the supporting structure is an antenna tower other than a qualifying structure then (i) the facility must be located in a residential district and the lot line setback distance to the nearest R-zoned lot must be at least 50% of the height of the facility's supporting structure or (ii) the facility must be located in a nonresidential zoning district and the horizontal separation distance to the nearest principal residential building must be at least equal to the height of the facility's supporting structure. The required horizontal separation distance must be measured from the center of the base of the facility's supporting structure to the point where the ground meets a vertical wall of a principal residential building. For purpose of this provision, "principal residential building" does not include any building under the same ownership as the land of the facility lot and does not include any structure that is not designated for human habitation.

      (4)   The height of a facility may not exceed 75 feet if the facility will be located in a residential zoning district or 200 feet if the facility will be located in a nonresidential zoning district.

      (5)   No bulk regulations or lot coverage, building coverage, or floor area ratio limitations apply to a facility or to any existing use or structure coincident with the establishment of a facility.

      (6)   The improvements and equipment comprising the facility may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure or structures.

   (D)   Design criteria. The telecommunication carrier must consider the following design criteria:

      (1)   No building or tower that is part of a facility should encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.

      (2)   Lighting should be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting should be shielded so that no glare extends substantially beyond the boundaries of a facility.

      (3)   No facility should encroach onto an existing septic field.

      (4)   Any facility located in a special flood hazard area or wetland should meet the legal requirements for those lands.

      (5)   Existing trees more than three inches in diameter should be preserved if reasonably feasible during construction. If any tree more than three inches in diameter is removed during construction a tree three inches or more in diameter of the same or a similar species must be planted as a replacement if reasonably feasible. Tree diameter must be measured at a point four and one-half feet above ground level.

      (6)   If any elevation of a facility faces an existing, adjoining residential use within a residential zoning district, low maintenance landscaping should be provided on or near the facility lot to provide at least partial screening of the facility. The quantity and type of that landscaping should be in accordance with county landscaping regulations.

      (7)   Fencing should be installed around a facility. Security fences are exempt from compliance with county fence regulations.

      (8)   Any building that is part of a facility located adjacent to an R-zoned lot should be designed with exterior materials and colors that are reasonably compatible with the residential character of the area.

      (9)   If the facility is to be manned on a regular, daily basis, one off-street parking space must be provided for each employee regularly at the facility. No loading facilities are required.

      (10)   The improvements and equipment comprising the facility may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure or structures.

   (E)   Variances. See § 155-16.70(M).

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)

   The regulations of this section apply to craft brewing and distilling facilities.

   (A)   Wineries are manufacturing facilities engaged in the processing of grapes to produce wine or wine-like beverages. Craft breweries and distilleries are facilities that produce and distribute spirits, beer, or other fermented malt beverages.

   (B)   Sale of beverages produced on premises for off-site consumption is a permitted accessory use on the licensed premise. The facility may include a tasting room for the sampling or purchase of beverages for on-site consumption.

(Ord. 15-201, passed 7-16-2015; Ord. 18-1, passed 1-18-2018; Ord. 18-222, passed 8-16-2018)

   A cargo container may be converted into a primary structure or use in any district subject to the following requirements:

   (A)   With an approved Special Use Permit in accordance with the procedures of § 155-16.40, and shall address the following:

      (1)   Facade and building materials;

      (2)   Roof design and materials;

      (3)   Use of uniform exterior building materials. For example, if the front wall contains a mixture of brick and wood, the side and rear walls shall contain the same materials in approximately the same proportions.

   (B)   Cargo container modifications are subject to all building ordinance requirements for the use, including, but not limited to, the provisions for special inspections and tests, height, and final grading.

   (C)   The cargo container shall not be erected on-end vertically.

(Ord. 19-241, passed 9-19-2019)

(Ord. 20-266, passed 8-20-2020)