Overlay zoning districts are for the purpose of imposing special requirements in certain areas of the County that have special characteristics or special development issues. The intent of an overlay district is to provide common controls over areas that are typically zoned more than one (1) base zoning district. The regulations of the underlying district apply unless specifically modified by the overlay district.

11.2.1 Purpose.

A.

The FP Floodplain Overlay District is intended to maintain, enhance, and protect the natural environment associated with waterways, their floodways and floodplains. The FP Floodplain Overlay District is further intended to protect the public health and to reduce the financial burdens imposed on Winnebago County, its governmental units, and its individuals that may result from improper use of lands having excessively high water tables or are subject to frequent and periodic floods. In addition, the purpose of the FP Floodplain Overlay District is to provide a means of achieving the open space policies set forth in Winnebago County's 2030 Land Resource Management Plan.

B.

This district is enacted pursuant to the police powers granted to this County by Illinois Revised Statutes, in order to accomplish the following purposes:

1.

To protect human life and health from the hazards of flooding.

2.

To prevent developments from increasing flood or drainage hazards to others.

3.

To protect new buildings and major improvements to buildings from flood damage.

4.

To lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations.

5.

To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas.

6.

To make federally subsidized flood insurance available for property in the County by fulfilling the requirements of the National Flood Insurance Program.

7.

To encourage the preservation of the County's stream valley flood plains as open space allowing for perpetuation of the County's flora and fauna.

11.2.2 Applicability. The boundaries of this district shall be as delineated on the 100 year flood profiles in the most recent updates if the Flood Insurance Rate Maps and Flood Insurance Studies that have been published for the area, and as may be subsequently amended, by the Federal Emergency Management Agency and/or as defined in County's WINGIS System. As such lands are adequately drained or sufficiently protected from the risk of overflow they may be removed from the Floodplain Overlay District.

11.2.3 General Requirements.

A.

Any structures authorized in the FP Overlay District shall be built on a permanent foundation and shall be built in a way that allows natural drainage courses and floodways to continue. This section shall not be interpreted to mean that no alternate routes of drainage and floodways will be allowed.

B.

Equipment and materials stored in areas subject to flooding shall have a specific gravity substantially heavier than water, or shall be otherwise secured against floating away and shall not be a source of water pollution or contamination.

11.2.4 Permitted and Special Uses. The environmental sensitivity of areas within the FP Overlay District requires a restriction of the types of uses permitted within district. Therefore, only the following uses are allowed within the FP Overlay District when they are allowed in the underlying zoning district. Additional uses permitted within the underlying zoning district, whether permitted or special, are prohibited unless allowed by the FP Overlay District. All uses must meet the general requirements of Section 11.2.3 above. All uses must meet the bulk and yard requirements of the underlying zoning district.

A.

Permitted Uses.

1.

Agricultural uses, including but not limited to farming, grazing, livestock raising and pasturing, orchards, and nurseries for the growing of plants and shrubs, However, no type of agriculture where obnoxious fertilizer is stored on the premises and where obnoxious soil or fertilizing processing is conducted are permitted.

2.

Wildlife rehabilitation facility.

3.

Water conservation works, including water supply works, flood control and watershed protection, fish and game hatcheries and preserves, hydroelectric power installations, etc.

4.

Artificial lakes of less than three (3) acres.

5.

Parks/playgrounds, forest preserves and similar open space uses.

6.

Accessory structures, including patios and access drives, as approved by the County Engineer and Building Official.

7.

Minor remodeling projects or minor building additions, comprised of no more than fifteen percent (15%) collectively of the footprint of the principal building, to a principal building that was lawfully established prior to the adoption of this ordinance subject to County Engineer and Building Official approval.

8.

Utilities if necessary - located to minimize impact.

B.

Special Uses.

1.

Artificial lakes of more than three (3) acres.

2.

Mining and excavating.

3.

Towers for broadcast facilities (radio, TV).

4.

Outdoor recreation.

5.

Wireless telecommunications towers.

6.

Parking lot.

7.

Golf course.

11.3.1 Purpose. The Winnebago County 2030 Land Resource Management Plan states that "The scenic beauty of open vistas, rural landscapes and river valleys along the County's roadways are part of the County's rural identity and should be protected, even as new development comes to these areas." The purpose of the SR Scenic Road Overlay District is to maintain the character of these scenic areas and roads. The SR Overlay District is intended to preserve the rural and scenic character of designated Winnebago County roadways.

11.3.2 Applicability.

A.

The SR Overlay District extends one-hundred (100) feet from the right-of-way line on each side of the designated roadway.

B.

The SR Overlay District is designated over portions of the following roadways or any other road approved by County Board:

1.

IL Route 2, from Meridian Road to County Highway 3 (South Main Street)

C.

Any new development within the SR Overlay District is subject to site plan review and approval.

D.

When residential development is planned for an area that includes land designated as the SR Overlay District, the use of conservation design (Article 13) is encouraged.

11.3.3 Siting Standards.

A.

The minimum front yard for properties within the SR Overlay District is one-hundred (100) feet. Natural buffers and existing vegetative screening between developed areas and public roadways is required, and conservation easements are encouraged. No development is permitted within the required front yard, with the exception of areas required for access, such as driveways and minor building additions, comprised of no more than 15% collectively of the footprint of the principal building that will not encroach in front of the existing facade facing the scenic road of interest, to a principal building that was lawfully established prior to the adoption of this ordinance and is still permitted in the underlying zoning district.

B.

Development in the SR Overlay District is subject to the following siting standards:

1.

Cut and fill activity must be minimized. It shall only be allowed when allowed by the Planning and Zoning Officer.

2.

Vegetative restoration is required of any disturbed areas.

3.

Disturbance to natural drainage ways, contours and land forms must be minimized.

4.

Development along and/or projecting above ridge lines is prohibited and a two-hundred (200) foot setback from the ridge line is required. Development at other visually prominent locations should be avoided.

11.3.4 Access Management.

A.

Building sites must be arranged to maximize the use of existing and proposed road segments to minimize new forest clearing. Shared driveways and looped roads are encouraged.

B.

Driveway widths and alignments should be designed to be visually sensitive. Gentle curves in driveway layout should be included to reduce visual impact. Driveways should be constructed of semi-pervious materials.

11.3.5 Design Standards. New principal or accessory structures, or the expansion of existing structures, are subject to site plan review and approval. Site plan review must find that the proposed construction or expansion will have no undue adverse effect on the scenic resources of the area and, to the greatest extent possible, the standards below are met. New structures must also meet the design standards of the underlying zoning district where applicable.

A.

Structures are sited so that they do not protrude above a ridgeline.

B.

Structures are sited in such a way that natural resources or agricultural areas are not fragmented or otherwise impacted.

C.

New structures are sited in proximity to existing structures.

D.

Existing vegetation is retained and supplemented with new plantings compatible with existing vegetation to screen structures and minimize impacts on views from the roadway. Native woodland or prairie restoration is encouraged.

E.

New driveways, roads and parking areas are sited away from open fields, follow existing contours to minimize the visual impact of cut and fill, are screened from the roadways, and sited in such a way that natural resources or agricultural areas are not fragmented or otherwise impacted. Driveways should be constructed of semi-pervious materials. The aforesaid shall not compromise appropriate sight distance requirements.

F.

Large expanses of highly reflective wall surface material and mirror glass on exterior walls are prohibited.

G.

When a roof is not designed as a flat roof, reflective surfaces that produce glare are prohibited as roof materials.

H.

Green roof, blue roof and white roof designs are encouraged.

I.

All development must comply with sight distance requirements.

11.3.6 Landscape Standards. All landscape must comply with the requirements of this Ordinance. In addition, the following shall apply.

A.

Clear cutting is prohibited. Only minimal cutting for placement of structures is appropriate:

1.

The maintenance of existing tree stands is required.

2.

The cutting of mature, healthy trees over eight (8) inches dbh is prohibited within one hundred (100) feet of the right-of-way unless required for access to the site and approved by the Planning and Zoning Officer.

B.

Landscaping must utilize natural patterns rather than formal arrangements and should be encouraged to shade and enclose the site and to define the edge of the public realm and private space. Species selected for planting should be hardy for this region and the microclimate of the setting.

C.

Landscape materials shall be comprised of species native to Winnebago County unless approved by the Planning and Zoning Officer.

D.

Natural drain ways, contours and land forms should be preserved and incorporated in the landscaping.

E.

All landscape must comply with sight distance requirements.

11.3.7 Signs. All signs must comply with the requirements of this Ordinance, in addition to requirements elsewhere, subject to the following restrictions.

A.

Only one (1) monument sign visible from the roadway is permitted per zoning lot. Monument signs may be located in the required front yard but only at the site's primary entrance. No additional clearing of vegetation is permitted for sign placement in the required front yard. Where several businesses are located on a zoning lot, the signs shall be consolidated into a single monument freestanding sign.

B.

The base of a monument sign and any other supporting materials shall be covered with brick, stone or decorative block. The use of native stone from the Winnebago County region is encouraged.

C.

Internally lit monument signs are prohibited. Exterior lighting is permitted but must be shielded and focused to ensure that glare doesn't impact surrounding roads and properties.

D.

Billboards are prohibited in the SR Overlay District.

E.

The aforesaid shall not compromise appropriate clean zone and/or sight distance requirements.

11.3.8 Infrastructure and Utilities.

A.

Utilities should be located underground. This does not include aboveground structures required for wind, solar or water alternative energy systems.

B.

All above ground utility boxes and other facilities shall be clustered and screened with appropriate landscaping.

C.

Overhead wires, if necessary, should be placed where visual impact will be minimal unless an exception if provided for in state and/or federal law.

11.4.1 Purpose. The HB Highway Business Overlay District is intended to address area located along certain highways within the County where allowances for additional commercial and industrial uses would provide an economic benefit to the County because of vehicular access from the highway and compatibility with uses in the underlying zoning districts.

11.4.2 Uses.

A.

All uses allowed in the C-G District are permitted in the underlying I-L District. More specifically, uses identified as permitted in the C-G District are permitted and uses identified as special uses in the C-G District are special uses and subject to the special use approval process, unless the same use is listed as permitted in the underlying I-L District in which case it is outright permitted.

B.

All uses allowed in the I-L District are permitted in the underlying C-G District. More specifically, uses identified as permitted in the I-L District are permitted and uses identified as special uses in the I-L District are special uses and subject to the special use approval process, unless the same use is listed as permitted in the underlying C-G District in which case it is outright permitted.

11.4.3 Applicability. The Highway Business Overlay District is designated over those specific areas which are zoned as C-G (Commercial General District) or I-L (Light Industrial District) and are positioned within the Heavy Commercial or Light Industrial category on the County's 2030 Future Land Use Plan, as adopted on May 28, 2009, inclusive of amendments made May 28, 2009, and August 13, 2009, and that:

A.

Front on the north and south sides of Baxter Road and are located east of Illinois Route 251 and west of Mulford Road; and

B.

Front on the north and south sides of Rotary Road and are located east of Harrisville Road and west of I-39.