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7.0 PURPOSE:

To establish zoning districts in which agriculture and certain related uses are encouraged as principal and primary uses of land.

To preserve as a most valuable natural resource; the fertile tillable soils suitable for agricultural purposes.

To enhance and maintain the sound economic base that agricultural pursuits provide the county and region.

To guard and protect the sociological relationships that are a necessary part of the lives and well being of rural people.

To prevent mixtures of urban and rural land uses, which create or tend to create conflicts and incompatibilities which directly or indirectly impose unbalanced tax loads on agricultural lands in support of urban services, which, in turn, contribute to the premature termination and eventual elimination of agricultural uses.

7.1 A-1 AGRICULTURAL DISTRICT (10 acre minimum)

7.1-1 Purpose:

To establish a zoning district in which agriculture and certain related uses are encouraged as principal and primary uses of the land.

To preserve fertile tillable soils as a most valuable natural resource.

To enhance and maintain the sound economic base that agricultural pursuits provide the county and region.

To guard and protect sociological relationships that are a necessary part of the lives and well being of rural people in partnership with nature.

To provide open areas that contributes to the stability of the environment, relief from urban blight and enhancement of air and water quality.

To preserve a continuing food supply close to markets for residents of the county and region as well as the world.

To allow for the provision of important governmental support services to the agricultural community.

7.1-2 Policy:

To achieve the purposes of the agricultural district it shall be the policy of the County:

To allow only those uses of land that are clearly and primarily best suited for agricultural purposes within the A-1 zoning district.

To prevent mixtures of urban and rural land uses, which create or tend to create conflicts and incompatibilities which directly or indirectly impose unbalanced tax loads on agriculture and which require urban services, which, in turn, contribute to the premature termination and eventual elimination of agricultural uses.

7.1-3 Permitted Uses:

No land shall be used or occupied and no building structure, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this Ordinance, for other than one (1) of the following specified uses:

1. Agricultural Uses:

1. The growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nursery, tree farm, sod farm, pasturage, viticulture, and a wholesale greenhouse when such agricultural purposes constitute the principal activity on the land together with the operation of any machinery, or vehicles incidental to the above use.
2. Research and/or experimental farm.
3. Sale of agricultural products produced on premises.
4. The composting of landscape waste (including but not limited to: grass clippings, leaves, and chipped brush) if composted material is incorporated (tilled) 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, and the activity does not require a permit from the Illinois Environmental Protection Agency (IEPA):

1. The material must be applied on land farmed by the operator of the compost facility.
2. At no time shall the depth of composted material to be land applied exceed the determined agronomic rate.
3. Said analytical determination must be based on current crop nutrient needs based on a laboratory soil test by a participating Illinois Soil Testing Association laboratory, shall include a specified rate of application of the material, and shall be available for review within ten (10) working days of a request by the County.

For the purposes of this Section, a farmer shall be considered an operator actively cultivating at least sixty (60) contiguous acres of an annual crop (planted and harvested within a twelve-month period).

5. The land application of landscape waste (including but not limited to: grass clippings, leaves and chipped brush) if material is incorporated (tilled) into lands 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, and the activity does not require a permit from the Illinois Environmental Protection Agency:

1. At no time shall the depth of landscape waste to land applied exceed the determined agronomic rates. Landscape waste to be land applied must be land applied within seven days of its arrival at the site.
2. Said analytical determination must be based on current crop nutrient needs based on a professional laboratory soil test by a participating Illinois Soil Testing Association laboratory, shall include a specified rate of application of the material, and shall be available for review within 10 working days of a request by the County.
3. The land application of landscape waste may occur only on parcels on which an annual crop was planted and harvested during the previous twelve-month period.

For the purpose of this Section, a farmer shall be considered an operator actively cultivating at least 60 contiguous acres of an annual crop (planted and harvested within a twelve month period).

6. Horse boarding.

7. Seed sales.

2. Residential Uses:

1. Farm homestead on a parcel which meets the requirements of Section 7.1-8.
2. A single-family detached dwelling on a parcel which was legally created consisting of five acres or more, recorded on or before July 20, 1978, that otherwise meets the requirements of Section 7.2-8(1), 7.2-8(5), 7.2-8(6), 7.2-8(7), 7.2-8(8).
3. A group care home with no more than six (6) residents not including non-resident support staff. (See Section 8.15)
4. Related living quarters. (See Section 8.14)

3. Park and Forest Preserve.

7.1-4 Special Uses Permitted

The following uses may be permitted only if specifically authorized by the County Board as allowed in Section 14.10.

1. Similar and compatible uses to those allowed as "permitted uses" in this district.

2. Essential service, including, but not limited to: police and fire stations, communication reception and transmission facility excluding a Wireless Telecommunication facility, public utility, gas regulator station, telephone exchange, electric substation.

3. Penal farm.

4. Private aircraft landing strip or pad.

5. Exotic animals.

6. Agribusiness Uses:

1. Riding stable, not nearer than five hundred (500) feet to any zoned residential district or five hundred (500) feet from an existing dwelling other than the dwelling of the owner or lessee of the site, but not less than one hundred (100) feet from any property line of the owner or lessee of the site.
2. Dog kennel and veterinary establishment no nearer than five hundred (500) feet to any zoned residential district or five hundred (500) feet from any existing dwelling other than the dwelling of the owner or lessee of the site.
3. Mechanized industrial animal farm.
4. More than four (4) auctions per year.
5. Sale of farm supplies by farmers as agents, where grain elevators or similar commercial facilities are not maintained on the farm premises.
6. Agricultural implement sales and services.
7. Grain storage, when not accessory to the pursuit of agriculture.
8. Fertilizer – including bulk storage and mixing.
9. Animal feed: commercial preparation, grinding, mixing, and storage.
10. Anhydrous ammonia sales and storage.
11. Feed yard.
12. Landscaping/lawn maintenance operation.

7. Mining and/or the extraction of minerals, sand, gravel, topsoil, or other aggregates, including equipment, buildings, or structures for screening, crushing, mixing, washing, or storage, provided that:

1. No open pit or shaft will be less than two hundred (200) feet from any public road or fifty (50) feet from any side and rear property line.
2. All buildings or structures shall be located not less than two hundred (200) feet from any property line.
3. The borders of the property fenced with a fence or wall at least six (6) feet in height shall have a six (6) foot high earthen berm and a six (6) foot high chain link fence either in front or behind the berm.
4. A plan of development of the reclamation of the land is provided as part of the application for special use.
5. No blasting or other use of explosives is permitted unless specifically requested and authorized within the special use permit after the required public hearing by the Planning and Zoning Commission. If permitted by the County Board, blasting must conform to the following standards:

1. The use, handling and detonation of explosives (sometimes referred to as "blasting") in connection with said quarrying operations shall be under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency or by the State of Illinois or County of Will, such persons shall meet the licensing requirements and obtain such license.
2. The storage of explosives shall be in accordance with all applicable Federal and State laws and regulations and shall be stored in magazines, buildings, or structures, which shall meet the safety requirements of such laws and regulations.
3. Blasting procedures shall be in accordance with modern techniques, generally accepted in the quarrying industry, whereby a shot shall consist 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 shall 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 shall 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 shall be subject to and comply with the 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 having jurisdiction thereof.
5. Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.
6. Compliance with the provisions of these regulations governing blasting procedures and quarrying operations shall be 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 will be restrictive to the local time period between 1:00 p.m. and 4:30 p.m. Monday through Saturday of each week. No blasting shall take place on Sunday or on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

8. Hunting, fishing, game preserves and recreational clubs or camps.

9. Floodplain development.

10. A single-family detached dwelling built or under construction on or before November 20, 1986 with less than ten (10) acres of ground area, on a legally created lot of at least two and one-half (2 ½ acres), that otherwise meets the requirements of Section 4.2A-8.

11. ECHO housing. (See Section 8.18)

12. Bed and breakfast establishment. (See Section 8.21)

13. Church or other place of worship.

14. Firearms dealer.

15. Wholesale power generators – Any electricity generating operation which is operated or owned by any organization, other than the owner an maintainer of a majority of electricity transmission facilities within the planning jurisdiction, that serves uses, structures, or sites outside the site on which the operation is located. This definition does not include any facility designated by the State of Illinois as exempt from such regulation.

No portion of any Wholesale Power Generator structure shall be placed within one thousand three hundred twenty (1,320) feet of any residential structure, use, or district.

7.1-5 Temporary Permit Uses Permitted

Upon application to and issuance by the Zoning Administrator of a permit thereof, the following uses may be operated as temporary uses:

1. Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building, trailer, or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six (6) calendar months and shall not be renewed for more than four (4) successive periods.

2. Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one (1) year and shall not be renewed for more than five (5) successive periods.

3. Bazaar and/or Dance; provided, however, that each permit shall be valid for a period of not more than seven (7) days; and provided, further, that a period of at least ninety (90) days shall intervene between the termination of one (1) permit and the issuance of another permit.

4. Any legally existing residential structure, trailer, or mobile home may be used for residential purposes only during the construction of a residence and must be removed within thirty (30) days of obtaining a Certificate of Occupancy or completion of construction, whichever occurs first. In no case shall the temporary residential structure, trailer, or mobile home be permitted to remain on the premises for more than two (2) years.

5. Christmas tree sales; each permit shall be valid for a period of not more than sixty (60) days.

7.1-6 Accessory Uses Permitted

The following accessory uses may be permitted; provided they are operated and maintained under the same ownership, on the same lot, and do not include structures or structural features inconsistent with the permitted use or special use.

Accessory uses may include:

1. Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted use or special use.

2. Garages, carports, or other parking spaces for the exclusive use of residents or occupants of the premises.

3. Home occupation. (See Section 8.22)

4. Living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling.

5. Swimming pool, exclusively for the use of the residents and their guests, and set back from every property line at least ten (10) feet, exclusive of any and all easements, and not located in the front yard.

6. Roadside Stand – For the sale of produce and poultry grown and raised on or in the immediate area of the premises, but not including live animals, and provided that such stand shall contain not more than six hundred (600) square feet of floor area. Such stands or produce offered for sale shall be located not less than fifty (50) feet from the center line of the highway, except a temporary roadside stand may be located not less than twenty (20) feet from the nearest edge of pavement provided they shall be placed at such location only during the harvest season of produce offered for sale and shall contain not more than two hundred (200) square feet of floor area. Each roadside stand shall have facilities, approved by the Zoning Administrator, for vehicular ingress and egress, and adequate off-street parking.

7. Garage/yard sales.

7.1-7 Prohibited Uses

All uses not expressly authorized in this district.

7.1-8 Site and Structure Requirements

1. Minimum Lot Area – Ten (10) acres.

2. Minimum Lot Width (Lot Frontage) – A minimum lot width of three hundred (300) feet shall be provided for each lot used for a permitted or special use.

3. Front Yard Setback – All structures shall be set back at least one hundred (100) feet from the centerline of the road.

4. Side Yard Setback – Fifty (50) feet each side.

5. Rear Yard Setback – The principal structure and any structure attached thereto shall be set back a distance of not less than fifty (50) feet, exclusive of any and all easements, from the rear lot line. Free standing accessory structures shall be set in a distance not less than ten (10) feet from the rear lot line.

6. Maximum Height – No principal structure or accessory structure shall exceed the height and story restrictions as per the most recently adopted National BOCA Code.

7. Lot coverage – Twenty percent (20%).

7.1-9 Special Provisions

1. Parking Requirements – In accordance with the applicable regulations set forth in Section 12.

2. Sign Requirements – In accordance with the applicable regulations set forth in Section 13.

3. Farm Buildings – Farm buildings and structures (as the principal use only), except for residences and garages, shall be exempt from the provisions of this Ordinance when used for the permitted agricultural purposes. However, all setback and yard requirements shall apply to farm structures.

4. Commercial Motor Vehicles and Recreational Vehicles:

1. Commercial Motor Vehicles – One (1) motor vehicle for commercial purposes weighing eight thousand (8,000) gross pounds or less may be parked on a constructed driveway located within the build able area. Any additional commercial motor vehicles must be kept in a garage or a fully enclosed structure. Any farm implements, machinery, or vehicles used in farming of a zoning lot in the A-1 district are excluded from this requirement. (Semi-trucks used for purposes other than farming must meet the Commercial Motor Vehicle provisions of this Section.)
2. Recreational Vehicles – Two (2) recreational vehicles may be parked on a constructed driveway and must be owned or legally controlled by the residents or occupants of the principal structure and located within the build able area. Small pick-up trucks and/or vans used principally as passenger cars are excluded from this requirement.

5. Wireless Telecommunication Facilities – In accordance with the applicable regulations set forth in Section 8.20.

6. Power Generation Facilities – Power Generation Facilities as defined in this ordinance are prohibited from drawing water from subsurface water aquifers in excess of one thousand (1,000) gallons for each megawatt of electricity generated, and from using fuels other than natural gas, and are limited to one thousand five hundred (1,500) hours of operation per turbine, per annum.

No portion of a Power Generation Facility’s structure shall be placed within one thousand three hundred twenty (1,320) feet of any residential structure, use, or district.

7.2 A-2 RURAL RESIDENCE DISTRICT (2.5 acre minimum)

7.2-1 Purpose:

7.2-1 Purpose:

To provide large-acreage, rural residential uses, which may not be served by public sewer, water or other municipal amenities, and where part of the parcel satisfies the requirements for a domicile while other parts may be retained for agricultural or open space purposes, such as the conservation and preservation of hill areas, wetlands, prairies, wooded regions and other unique areas, for either public or private benefit and the perpetuation of the diversity of the natural ecological systems.

To provide use of lands which may not be optimally suited to either prime agricultural or urban uses, because of location, topography, soil characteristics, wetness, vegetation or other natural or man-made factors.

To provide lands for the opportunity to keep horses or other large animals, and the right to practice, in a limited area, agricultural, floriculture, horticulture, silvaculture, cultivation of field or garden crops or similar related uses.

7.2-2 Policy:

To achieve the purpose of the A-2 Rural Residence District, it shall be the policy of the County:

To allow a minimum acreage lot for single-family residential and other permitted, compatible uses, which are directly related to agricultural or to the conservation and preservation of open space, and where each domicile may be served by an on-site sewage disposal system, and where the need for customary community or municipal utility services is minimal.

7.2-3 Permitted Uses:

No land shall be used or occupied and no building structure, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this Ordinance, for other than one (1) of the following specified uses:

1. Residential Uses:

1. A single-family detached dwelling on a parcel legally recorded on or before July 16, 1987, that otherwise meets the requirements of Section 7.2-8(1), 7.2-8(5), 7.2-8(6), 7.2-8(7), 7.2-8(8).
2. A group care home with no more than six (6) residents not including non-resident support staff. (See Section 8.15)
3. A single-family detached dwelling on a parcel which was legally created consisting of five acres or more recorded on or before July 20, 1978 that otherwise meet the requirements of Section 7.2-8(1), 7.2-8(5), 7.2-8(6), 7.2-8(7), 7.2-8(8).
4. Related living quarters. (See Section 8.14)

2. Agricultural Uses: The same as permitted in the E-1 Zoning District in that livestock shall not be housed or stabled closer than fifty (50) feet to any adjoining property line.

3. Forest Preserve.

7.2-4 Special Uses Permitted

The following uses may be permitted only if specifically authorized by the County Board as allowed in Section 14.10.

1. Similar and compatible uses to those allowed as "permitted uses" in this district.

2. A church or other place of worship.

3. Planned unit development. (See Section 15)

4. Railroad right-of-way and passenger station, but not including a railroad yard and shops.

5. Floodplain development.

6. Public, quasi-public, governmental buildings and facilities, and religious institutions including but not limited to a (n):

1. Public park, public playground, public golf course and public community center building.
2. School.
3. Public library.
4. Convent, monastery, religious retreat house, orphanage.
5. Essential service, police and fire station, cable television antenna excluding Wireless Telecommunication Facility, and a public utility, gas regulator station, telephone exchange, electrical substation.

7. Commercial Uses:

1. Riding stable, not nearer than five hundred (500) feet to any zoned residential district or five hundred (500) feet from any existing dwelling other than the dwelling of the owner or lessee of the site, but not less than one hundred (100) feet from any property line of the owner or lessee of the site.
2. Dog kennel and veterinary establishment no nearer than five hundred (500) feet to any zoned residential district or five hundred (500) feet from any existing dwelling other than the dwelling of the owner or lessee of the site, but not less than one hundred (100) feet from any property line of the owner or lessee of the site.
3. Sale of farm supplies by farmers as agents, where grain elevators or similar commercial facilities are not maintained on the farm premises.
4. Agricultural implement sales and services.

8. A single-family detached dwelling built or under construction on or before November 20, 1986 with less than two and one-half (2.5) acres of ground area, that otherwise meets the requirements of Section 4.2A-8.

9. Community residence facilities: (see Section 8.15)

1. Group care home with between seven (7) and sixteen (16) residents.
2. Emergency or temporary shelter.
3. Halfway house.

10. Day care homes: (see Section 8.16)

1. Day care home for adults.
2. Day care home for children.

11. Bed and breakfast establishment. (See Section 8.21)

12. ECHO housing. (See Section 8.18)

13. Firearms dealer.

7.2-5 Temporary Permit Uses Permitted

Upon application to and issuance by the Zoning Administrator of a permit thereof, the following uses may be operated as temporary uses:

1. Temporary building, trailer, or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building, trailer, or yard and the area of permitted operation. Each such permit shall be valid for a period of not more than six (6) calendar months.

2. Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one (1) year and shall not be renewed for more than five (5) successive periods.

3. Any legally existing residential structure, trailer, or mobile home may be used for residential purposes only during the construction of a residence and must be removed within thirty (30) days of obtaining a Certificate of Occupancy or completion of construction, whichever occurs first. In no case shall the temporary residential structure, trailer, or mobile home be permitted to remain on the premises for more than two (2) years.

7.2-6 Accessory Uses Permitted

The following accessory uses may be permitted; provided they are operated and maintained under the same ownership, on the same lot, and do not include structures or structural features inconsistent with the permitted use or special use.

Accessory uses may include:

1. An accessory use, building, or other structure and devices customarily incidental to and commonly associated with a permitted use or special use.

2. Garage, carport, shed or other storage space for the exclusive use of residents or occupants of the premises.

3. Swimming pool, exclusively for the use of the residents and their guests, and set back from every property line at least ten (10) feet, exclusive of any and all easements, and not located in the front yard.

4. Home occupation. (See Section 8.22)

5. Garage/yard sales. No more than four (4) garage/yard sales are permitted in one (1) year and each garage/yard sale may last no longer than three (3) days at a time. All sale items must be removed from public view during inactive periods.

7.2-7 Prohibited Uses

All uses not expressly authorized in this district.

7.2-8 Site and Structure Requirements

1. Minimum Lot Area – Two and one-half (2 ½) acres. A separate ground area, of not less than two and one-half (2 ½) acres shall be designated, provided and continuously maintained for each principal structure on land containing a permitted or special use except as otherwise specified.

2. Minimum Lot Width (Lot Frontage) – A minimum lot width of three hundred (300) feet shall be provided for each lot used for a permitted or special use.

3. Front Yard Setback – All structures shall be set back at least one hundred (100) feet from the centerline of the road.

4. Side Yard Setback – Twenty (20) feet on each side.

5. Rear Yard Setback – The principal structure and any structure attached thereto shall be set back a distance of not less than eighty (80) feet, exclusive of any and all easements, from the rear lot line.

6. Maximum accessory structure square footage – Three thousand (3,000) square feet (combined total of all attached and detached accessory structures), not including stabling of horses.

7. Maximum Height – No principal structure or accessory structure shall exceed the height and story restrictions as per the most recently adopted National BOCA Code.

8. Lot coverage – Twenty percent (20%).

7.2-9 Special Provisions

1. Parking Requirements – In accordance with the applicable regulations set forth in Section 12.

2. Sign Requirements – In accordance with the applicable regulations set forth in Section 13.

3. Commercial Motor Vehicles and Recreational Vehicles:

1. Commercial Motor Vehicles – One (1) motor vehicle for commercial purposes weighing eight thousand (8,000) gross pounds or less may be parked on a constructed driveway located within the build able area. Any additional commercial motor vehicles must be kept in a garage or a fully enclosed structure. Any farm implements, machinery, or vehicles used in farming of a zoning lot in the A-2 district are excluded from this requirement. (Semi-trucks used for purposes other than farming must meet the Commercial Motor Vehicle provisions of this Section.)
2. Recreational Vehicles – Two (2) recreational vehicles may be parked on a constructed driveway and must be owned or legally controlled by the residents or occupants of the principal structure and located within the build able area. Small pick-up trucks and/or vans used principally as passenger cars are excluded from this requirement.

4. Tents- Tents shall not be erected, used, or maintained on any lot, except such tents that are used for temporary recreational purposes.

5. There shall be no application for any map amendment to the A-2 Rural Residence district accepted after August 20, 1987.

6. Wireless Telecommunication Facilities – In accordance with the applicable regulations set forth in Section 8.20.