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8.1 INTERPRETATION

8.1-1 Minimum Requirements - In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals, and welfare.

8.1-2 Conflicting Laws - Where the conditions imposed by any provisions of this Ordinance upon the: a.) use of land or buildings; b.) bulk of buildings; c.) floor area requirements; d.) lot area requirements; e.) yard requirements; and f.) other requirements are either more restrictive or less restrictive than comparable conditions imposed by other provisions of this Ordinance, or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

8.1-3 Existing Agreements - This Ordinance is not intended to abrogate any easement, covenant, or other private agreement, provided that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern. 8.1-4 Existing Violations – No building, structure, or use, not lawfully existing at the time of the adoption of this Ordinance, shall become or be made lawful solely by reason of the adoption of this Ordinance and to the extent that, and in any manner that, said unlawful building, structure, or use is in conflict with the requirements of this Ordinance, said building, structure, or use remains unlawful hereunder.

8.1-5 Index – The index of this Ordinance was established solely as a reference guide and shall not be construed to be a part of the Ordinance.

8.2 SEPARABILITY

It is hereby declared to be the intention of the County Executive and County Board that the several provisions of this Ordinance are separable, in accordance with the following:

8.2-1 Ordinance Provisions – If any court of competent jurisdiction shall adjudge provisions of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment.

8.2-2 Property Application – If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this Ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

8.2-3 Effective Period – This Ordinance shall be effective for three (3) years from the date of passage and renewable every three (3) years thereafter upon review of the County Board. In the event, it is not renewed with or without amendments; it shall remain in effect for a period of six (6) months. If it is renewed during that six (6) month period, it shall be effective as the date of voting.

8.3 SCOPE OF REGULATIONS

It is hereby declared that the provisions of this Ordinance shall apply to all properties as hereinafter specifically provided.

8.3-1 New Uses – No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure, or land shall hereafter be used, occupied, or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations herein which are applicable to the zoning district which such building, structure, or land is located.

8.3-2 Existing Uses – Except as may otherwise be provided, all structural alteration or relocations of existing buildings occurring hereafter, and all enlargement of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses, or land shall be located.

8.3-3 Existing Special Uses – Where a structure and use thereof of land lawfully exists on the effective date of this Ordinance, and is classified by this Ordinance as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth is required only for any expansion or major alteration of such existing legal special use. If the special use ceases for a period of more than one (1) year, the special use permit shall be void and the special use cannot again be started.

8.3-4 Non-conforming Uses – Any lawful building, structure, or use existing at the time of the enactment of the Zoning Ordinance may be continued, even though such building, structure, or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, then existing lawful use may be continued, subject to the provisions in Section 11.

8.3-5 Lots of Record – A “lot of record,” as herein defined by the provisions of Section 16.2-1, which is unable to meet the requirements of this Ordinance as to lot area, lot width, and yard requirements can be used only after a variance is granted by the Planning and Zoning Commission.

8.3-6 Contiguous Parcels – When two or more parcels of land, each of which lack adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, at the time of or subsequent to the adoption of this Ordinance or amendment, they shall be used as one zoning lot for such use.

8.3-7 Building Permits – Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the Ordinance, and provided that construction is begun within one hundred and eighty (180) calendar days of such effective date and diligently pursued to completion, within one (1) year, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions of Section 11.

8.3-8 Special Permits – Where the Zoning Administrator has issued a special use permit, a temporary use permit, or a permit for a variance pursuant to the provisions of this Ordinance, such permit shall become null and void unless work thereon is substantially under way within one (1) year of the date of issuance of such permit by the Zoning Administrator.

8.3-9 Access Across Property – No lot shall be used for public motor vehicle access to any other lot or land unless that portion of the land has been officially approved as a road by the proper authorities.

8.4 LOTS

8.4-1 Number of Buildings on Lot – Not more than one principal building may be located on a single lot of record or a single zoning lot unless otherwise authorized within each zoning district.

8.4-2 Division of Lots – No lot shall hereafter be divided into two (2) or more lots for the purpose of transfer of ownership, unless the division shall conform to all the applicable regulations of the Subdivision and Plat Ordinance and this Ordinance.

8.4-3 Through Lots – On vacant through lots, the front lot lines shall be along the street right-of-way designated by the Zoning Administrator except that when a front lot line has been established on one (1) or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block.

Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.

8.4-4 Corner Lots – All principal and accessory structures on corner lots must meet front and side yard setback requirements of each zoning district. The required front yard setback on corner lots shall apply to each side of the lot fronting a street.

8.4-5 Two Uses on a Lot – Where two (2) or more permitted or special uses, each requiring a minimum area and width are provided in the same building or on the same lot, the required area and width shall be the sum of the areas and width required for each use individually.

8.4-6 Street Frontage and Access – Every lot must have frontage on a public street and must be provided with facilities for ingress and/or egress to and from such public street conforming to such standards as to design and location and meet the requirements set forth by the Superintendent of Highways and are approved by the road authority onto whose road or street such ingress and/or egress is to be made, except when 7.1-3(2)(b) applies.

8.4-7 Lot Width on Cul-de-sacs – Lot widths may be reduced ten percent (10%) at the end of a cul-de-sac.

8.5 OPEN SPACE ON LOTS

The following “general provisions” dealing with open spaces, lot coverage, yards, setbacks, vision clearance, and permitted obstruction are provided for herewith:

8.5-1 Provisions of Open Spaces – The provision of yards, courts and other open spaces, and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space, or minimum lot area allocated to any building, shall by virtue of change of ownership or for any other reason, be used to satisfy yard, court or other open space, or minimum lot area requirements for any other building.

8.5-2 Location of Open Spaces – All yards, courts and other open spaces allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.

8.5-3 Yards for Existing Buildings – No yards now or hereafter provided for a building existing on the effective date of the Zoning Ordinance shall subsequently be reduced below, or further reduced if already less than the minimum yard requirements established in each district of this Ordinance for equivalent new construction. However, a yard adjoining a street may be reduced to provide right-of-way for a street widening.

8.5-4 Required Setbacks – Not withstanding any other provision of this Ordinance, no building or structure shall be erected, constructed, structurally altered, or enlarged closer to the centerline of an existing or proposed street than provided for but the minimum setback plus one-half (½) the established right-of-way width designated by the official map of the County. The minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard or side yard, adjoining a street in the district where such lots are located, measured from the existing right-of way line as duly established by other Ordinances or as established by county or state highway authorities – whichever has the greater right-of-way width requirements.

8.5-5 Exceptions for Established Setbacks

1. Where fifty percent (50%) or more of the frontage of one side of a street between two intersecting streets is developed with buildings that have observed within a variation of ten (10) feet or less) a front yard greater in depth than required herein, new buildings shall not be erected, closer to the street than the average front yard so established by the existing buildings.

2. Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:

1. Interior Lots

1. Where a building is to be erected within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings.
2. Where a building is to be erected within one hundred (100) feet of an existing building on one side only, it may be erected as close to the street as the existing building.

2. Corner Lots

The depth of the setback lines shall be as normally required in the district where the lot is located.

8.5-6 Vision Clearance – At the intersection of roads or at the point of ingress and egress onto roads, no structure, parked vehicle, or plant material shall obstruct a clear path of motor vehicle drivers’ vision of approaching vehicles within a triangular square determined by a diagonal line connecting two points measured seventy-five (75) feet equidistant from the point of intersection with the center lines of the roads and the points of ingress and egress.

8.5-7 Permitted Obstruction in Required Yards – The following shall not be considered to be obstructions when located in the required yards specified:

1. In all yards.

1. Open terraces, porches, or decks not over four (4) feet above the average level of the adjoining ground, but not including permanently roofed over terraces or porches;

2. Awnings and canopies, but not projecting more than ten (10) feet out, and at least seven (7) feet above the average level of the adjoining ground;

3. Steps, four (4) feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

4. Chimneys projecting eighteen (18) inches or less into the yard;

5. Arbors, trellises, flag poles, fountains, sculpture, plant boxes, and other similar ornamental objects; and

6. All fences, wall and hedges, not exceeding four (4) feet in height above the natural grade level in front yards, and open to provide vision through the fence, wall, or hedge; closed type fences and walls not exceeding seven (7) feet in height in the side and rear yards for residential and agricultural districts; eight (8) feet in height for commercial and industrial districts. Erecting fences in drainage easements is not recommended. No permits are required for fences. Barbed wire, razor concertina, electric, or concertina wire fences are prohibited in residential areas and areas adjacent to residential zoning districts. All fences in agricultural zoning districts may be five (5) feet in height in front yards provided they are ninety (90%) or more see-through.

7. For double-frontage lots (in a yard from which street access is not allowed), fences may be six (6) feet in height and solid in the rear yards. Corner lots must maintain a maximum height of four (4) feet in front yards, and the fence must be of see-through material.

2. In Front Yards – One (1)-story bay windows projecting three (3) feet or less into the yards; and overhanging the eaves and gutters projecting three (3) feet or less into the yard.

3. In Rear Yards – Enclosed, attached or detached off-street parking spaces, accessory shed, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one (1) story bay windows projecting three (3) feet or less into the yard; overhanging eaves and gutters projecting three (3) feet or less into the yard.

4. In Side Yards – Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding two (2) feet; swimming pools.

8.6 STRUCTURE HEIGHT

The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Ordinance.

8.6-1 Public, semi-public hospitals, institutions, schools, or public utility and service buildings, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, provided said specified buildings shall be set back from the front, rear, and side lot lines on the ratio of two (2) feet for every one (1) foot of building height greater than forty (40) feet, provided, however, that said specified requirements shall apply in addition to the other requirements for building line setbacks and for rear and side yards specifically set forth in this Ordinance.

8.6-2 Chimneys, parapet walls, skylights, steeples, flag poles, smokestacks, cooling towers, elevator bulkheads, fore towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers, and spires, wireless towers, necessary mechanical appurtenances, or penthouses to house mechanical appurtenances and cracking towers of refineries, power plants, and electric sub-stations, may be erected above the height limits herein prescribed. Wireless Telecommunication Facilities must meet the height restriction in Section 8.20

8.6-3 Planned unit developments may exceed the height limits established for the district in which the structure is located.

8.6-4 Airports and Disclosure Statement

1. No building or structure shall be constructed which is subject to notice under Federal Aviation Regulations Par. 77, until it is determined by the Federal Aviation Administration (FFA) not to be a hazard to aerial navigation.

2. All petitions for zoning amendments, special uses, unique uses, variations, compensatory development rights, or planned unit developments, dealing with property located within two (2) miles of any airport in Will County that is available for public use, shall be forwarded to the Federal Aviation Administration for their review and comment. In addition, plans to construct any structure or building to a height exceeding two hundred (200) feet, regardless of location, shall be forwarded to the Federal Aviation Administration for their review and comment.

3. The Zoning Administrator shall make available to the Federal Aviation Administrator (FAA) any data relating to a petitioner’s request to construct a building or structure within two (2) miles of any airport in the County.

8.7 ACCESSORY BUILDINGS

Accessory buildings and uses are allowed in the various districts as prescribed in each district and shall be compatible with the principal use.

8.7-1 Location – Each accessory use must be within the build able area of the lot.

8.7-2 Time of Construction – No accessory building or structure shall be constructed prior to the start of construction of the principal building to which it is accessory.

8.7-3 Height in Rear Yards – No accessory building or portion thereof located in a required rear yard of a residential district shall exceed twenty (20) feet in height.

8.7-4 Corner Lots – All principal and accessory structures must meet front and side yard setback requirements of each zoning district.

8.7-5 Swimming Pool Regulations

1. All owners of private swimming pools shall enclose said pool or the entire lot where said pool is located with a wall or fence of a minimum height of five (5) feet in such a manner as to prevent uncontrolled access by children from public areas or from adjacent lots. If a freestanding fence is not being placed in the ground, an enclosure, a minimum of twenty-four (24) inches, shall be attached to the ledge of the pool wall.

2. Gates shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such gate securely closed at all times when not in actual use.

3. All electrical devices used or connected to all pools must be grounded.

4. No person shall erect a private aboveground swimming pool on or within ten (10) feet of a septic absorption field. No person shall erect a private in-ground swimming pool on or within twenty-five (25) feet of a septic absorption field.

5. No swimming pool shall be nearer than twelve (12) feet to the closest building.

6. Swimming pools, 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.

8.7-6 Ponds – Ponds must have safety ledges and the slopes of the pond shall be no greater than 4:1 above the water and no greater than 3:1 below the water.

8.8 EXEMPTIONS

8.8-1 Agricultural Exemptions – The provisions of this Ordinance shall not be exercised so as to impose regulations or required permits with respect to land used or to be used for agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used or to be used for agricultural purposes upon such land, except as provided in 55 ILCS 5/5-12001 et. Seq. and shall be subject to the building permit requirements of Section 14. Also, in the interest of public health, a residence and its water supply and sewage disposal facilities in connection with an agricultural use, shall not be exempt. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of the Ordinance apply.

8.8-2 Public Utility Exemption – As required by statute, the type or location of any poles, towers, wires, cables, conduits, vaults, laterals, or any other similar distributing equipment of a public utility, excluding Wireless Telecommunications Facilities, is exempt from the requirements of this Ordinance.

8.8-3 Underground Installations Exemption – Pipelines and other underground utilities to the extent that the same are completely buried beneath the surface of incidental or associated structures, installations, or equipment, except markers used in connection with such pipe lines or other underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extension, be subject to all of the applicable regulations hereof.

8.9 WATER SUPPLY AND SEWAGE DISPOSAL

Every residence, business, trade, or industry hereafter established shall provide such facilities conforming to standards of design and location approved by the Will County Health Department and any new water supply and sewage disposal facilities hereafter provided for existing uses shall conform to such standards.

8.10 LANDSCAPE AND SCREENING STANDARDS

When required by this Ordinance, screening shall be designed, planted, or

When required by this Ordinance, screening shall be designed, planted, or constructed and maintained in accordance with the following general guidelines:

1. Basic vegetation type and size standards shall include the following:

1. Parkway or front yard trees, either existing or new, a minimum of one (1) parkway tree per forty (40) feet of frontage is required for all development with a minimum of two (2) trees per lot and a maximum of four (4) trees per lot acceptable to the Plat Officer. A list of desirable tree and shrub species is contained in the Appendix of the Subdivision Ordinance;
2. There shall be no more than twenty-five percent (25%) of the same species of trees or shrubs provided in a development;
3. Shade trees (canopy): shall have a minimum trunk diameter of not less than two and one-half (2 ½) inches, measured six (6) inches above the ground and be a minimum six (6) feet high;
4. Under story and/or Ornamental trees: shall have a minimum trunk diameter of not less than two (2) inches, measured six (6) inches above the ground and be a minimum of five (5) feet high;
5. Evergreen and/or Coniferous trees: shall be a minimum five (5) feet high;
6. Shrubs: Broadleaf/Deciduous shall be a minimum of three (3) feet high and Needle leaf/Evergreen shall be a minimum of two (2) feet in width;
7. In cases where lots have frontage along both an interior street and another street (double-frontage) or abut a nonresidential use or zoning classification a landscaped earthen berm or fence must be constructed to the following standards:

1. Berms shall be constructed with slopes not to exceed a 1:3 gradient with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. Berm slopes shall be protected with sod, seed, shrubs or other form of natural ground cover.
2. A detailed "Landscape/berm Plan" shall be submitted to show that adequate vegetative plantings have been provided for, to create a screen.
3. No screening shall interfere with sight requirements for safe ingress and egress.

8. All fences constructed shall meet the requirements as found in the Will County Zoning Ordinance, Section 8.5-7 (f).

2. Placement of landscaping shall meet the following conditions:

1. No trees shall be planted in the parkway unless written approval has been received from the appropriate Highway Department. Those trees that are planted in the parkway must be planted to the specifications of the appropriate Highway Department. Where trees are not allowed to be placed in the parkway, trees required by the County must be placed in the front yard of the parcel.
2. All plant material shall be planted in a manner, which is not to interfere with overhead wires or be intrusive to utilities or pavement.
3. No trees or other landscaping shall be located closer than ten (10) feet to a fire hydrant or other above ground utilities.
4. No landscaping shall interfere with sight requirements for safe ingress and egress.

3. Installation Standards.

1. Plant material shall conform to the current American Standards for Nursery Stock, published by the American Association of Nurserymen for that type of tree or shrub at the time of installation.
2. All trees shall be grown in a nursery located in the northern half of the State of Illinois and licensed by the State of Illinois.
3. All plant material shall be installed free of disease and in a manner that ensures the availability of sufficient soil and water to sustain healthy growth.
4. All tags, wires, plastic ties and rope shall be cut from each tree to prevent girdling of the tree. The burlap shall be pulled back from the upper third of the root ball. If a plastic "burlap" is used, it shall be removed in its entirety from the root ball.
5. When planting, the hole shall be dug approximately three (3) times wider than the roots or root ball.
6. All plant material shall be planted with a minimum of depth of three (3) inches of mulched material and a diameter of three (3) feet around the base of the tree.
7. Trees shall be staked with posts and not staked in areas of high wind for one to three years to allow the growth of new roots to stabilize. All ropes shall be covered to prevent cutting into bark.
8. The planting season shall be approximately October 15 to December 1, and March 15 to May 1.
9. Any excess soil, clay, or construction debris shall be removed from the planting site, prior to planting of individual trees at final grade.
10. The County, at its discretion, has the right to retain a professional landscape architect or arborist to review submitted landscape plan and the professional landscape architect or arborist will submit a written report to the Planning and Zoning Commission. All expenses incurred by the County for the use of the landscape architect or arborist shall be reimbursed by the developer.

8.11 MUNICIPAL PROVISIONS

Boundary lines of incorporated villages, cities, and municipalities for the purpose of this Ordinance shall be those lines which shall have been determined upon adoption by due process of law and made a matter of record in the office of the Will County Recorder.

8.12 KENNEL RESTRICTIONS

No person, group, or firm shall keep more than five (5) adult dogs or cats, or combination thereof, unless they are kept on a property specifically zoned to allow a veterinary clinic, animal hospital, or kennel. For purposes of this Ordinance, when an animal reaches four (4) months, it shall be considered an adult animal.

8.13 JUNK CARS

Inoperable automobiles, trucks, or other vehicles shall not be stored for a period exceeding seven (7) days unless located upon a property zoned to permit an automobile salvage yard (see Section 6.3-4(3)).

8.14 REQUIREMENTS FOR RELATED LIVING QUARTERS

1. Related living quarters may be located only in the following zoning districts: A-1, A-2, E-1, E-2, R-1, R-2, R-2A, R-3, R-4, R-5 and R-6.

2. Only one (1) related living unit is permitted on a parcel or lot and must be located in the principal structure.

3. At least one (1) of the units must be owner occupied.

4. The accessory apartment may comprise no more than thirty percent (30%) of the square footage of the principal structure. Any new construction may not increase the size of the original structure by more than twenty percent (20%).

5. The related living unit may contain no more than two (2) bedrooms.

6. One (1) off-street parking space per bedroom must be provided in addition to those provided for the principal residence.

7. Adequate provisions must be made for the supply of water and the disposal of sewage in accordance with the requirements of the Will County Health Department.

8. Areas for parking and storage may not be converted unless it is replaced on the parcel or lot.

9. Primary access to the related living quarters shall be the principal entrance to the single-family residence.

8.15 COMMUNITY RESIDENCE FACILITIES

8.15-1 Statement of Purpose

A resident care facility provides residential and rehabilitative services to persons with handicaps or allows temporary housing options for persons in crisis. Community residence facilities must meet the requirements for one or more of the categories as outlined in Sections 8.15-2 through 8.15-4.

8.15-2 Group Care Home (see Section 16.2 for definition)

1. Be licensed; certified by the appropriate federal, state, or local agencies in order for a special use permit to be valid.

2. Only one (1) identification sign, not to exceed two (2) square feet, may be displayed on the lot or parcel.

3. Dwelling may also house such staff as may be required to meet the standards of federal, state, or local agencies.

4. Structures and sites must be visually and structurally compatible with the surrounding area.

5. There shall be not less than one (1), off-street parking space per bedroom.

6. Group care homes for the handicapped are divided into two categories:

1. Group care homes with no more than six (6) occupants not including non-resident support staff are permitted in the following agricultural and residential zoning districts: A-1, A-2, E-1, E-2, R-1, R-2, R-2A, R-3, R-4, R-5, And R-6.
2. Group care homes with between seven (7) and sixteen (16) occupants not including non-resident support staff are permitted as special uses in the following agricultural and residential zoning districts: A-2, E-1, E-2, R-1, R-2, R-2A, R-3, R-4, R-5, and R-6 if specifically authorized by the County Board as allowed in Section 14.10.

7. Group care homes must be licensed and/or certified by the appropriate federal, state, or local agencies.

8. The residents must meet the requirements of being handicapped as defined in the Will County Zoning Ordinance Section 16 and the Federal Fair Housing Amendments Act of 1988.

9. The number of residents allowed to live in a group care home will be determined as set forth in BOCA National Property Maintenance Code 1990, Page 20, section PM-403.3:

Every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area of each occupant. The maximum number of residents shall be limited to no more than sixteen (16) not including non-resident support staff.

8.15-3 Emergency or Temporary Shelter (see Section 16.2 for definition)

1. Emergency or Temporary shelters are permitted as special uses in the following agricultural and residential zoning districts: A-2, E-1, E-2, R-1, R-2, R-2A, R-3, R-4, R-5, and R-6 if specifically authorized by the County Board as allowed in Section 14.10.

2. An emergency or temporary shelter must be licensed and/or certified by the appropriate federal, state, or local agencies.

3. The number of residents allowed to live in an emergency or temporary shelter will be determined as set forth in BOCA National Property Maintenance Code 1990, Page 20, section PM-403.3:

Every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant. The maximum number of residents shall be limited to no more than sixteen (16) not including non-resident support staff.

4. No proposed emergency or temporary shelter shall be located within one thousand (1, 000) feet of an existing emergency or temporary shelter as measured from lot line to lot line.

5. Structures and sites must be visually and structurally compatible with the surrounding area.

8.15-4 Halfway House (see Section 16.2 for definition)

1. Halfway houses are permitted as special uses in the following agricultural and residential zoning districts: A-2, E-1, E-2, R-1, R-2, R-2A, R-3, R-4, R-5, and R-6 if specifically authorized by the County Board as allowed in Section 14.10.

2. A halfway house must be licensed and/or certified by the appropriate federal, state, or local agencies.

3. The number of residents allowed to live in a halfway house will be determined as set forth in BOCA National Property Maintenance Code 1990, Page 20, section PM-403.3:

Every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant. The maximum number of residents shall be limited to no more than sixteen (16) not including non-resident support staff.

4. No proposed halfway house shall be located within one thousand (1,000) feet of an existing halfway house as measured from lot line to lot line.

5. Structures and sites must be visually and structurally compatible with the surrounding area.

8.16 DAY CARE CENTERS/DAY CARE HOMES

8.16-1 Day Care Homes for Adults and Children (see Section 16.2 for definition)

1. Day care homes are permitted as a special use in the following agricultural and residential zoning districts: E-1, E-2, A-2, R-1, R-2, R-2A, R-3, R-4, R-5, and R-6 if specifically authorized by the County Board as allowed in Section 14.10.

2. Day care homes can provide service for no more than twelve (12) children including the family’s natural, foster or adopted children and all other persons under the age of twelve (12), for less than twenty-four (24) hours per day.

3. Day care homes must be licensed and/or certified by the appropriate federal, state, or local agencies in order for the special use permit to be valid.

4. There shall be a minimum of seventy-five (75) square feet of outdoor space per individual for the total number of individuals using the area at any one time. At least twenty-five percent (25%) of the required space shall be on the premises of the day care home. The remainder may be a public park, playground or other outdoor recreation area within walking distance (1,000 feet) of the day care home.

5. There shall be a minimum of thirty-five (35) square feet of indoor floor space per individual. There shall be an additional twenty-five (25) square feet of space for each individual who sleeps and plays in the same indoor area.

6. Structures and sites must be visually and structurally compatible with other structures and sites in the surrounding area.

8.16-2 Day Care Centers for Adults and/or Children (see Section 16.2 for definition)

1. Day care centers are permitted in the Local Shopping District (C-1), the Community Shopping District (C-2), and the General Business District (C-3).

2. Day care centers must be licensed and/or certified by the appropriate federal, state, or local agencies.

3. There shall be a minimum of seventy-five (75) square feet of outdoor space per individual for the total number of individuals using the area at any one time. At least twenty-five percent (25%) of the required space shall be on the premises of the day care center. The remainder may be a public park, playground or other outdoor recreation area within walking distance (1,000 feet) of the day care home or day care center.

4. There shall be a minimum of thirty-five (35) square feet of indoor floor space per individual. There shall be an additional twenty-five (25) square feet of space for each individual who sleeps and plays in the same indoor area.

8.17 MANUFACTURED HOMES

One (1) manufactured home is permitted on a separate ground area of not less than ten acres in an A-1 District or, on a lot in a mobile home park, which meets the requirements of the Subdivision and Zoning Ordinances. Current health codes also must be met.

8.18 REQUIREMENTS FOR ELDER COTTAGE HOUSING OPPORTUNITIES (E.C.H.O.)

Statement of Purpose (E.C.H.O.)

To permit a family to provide small temporary residences for their relatives who are in need of support, while maintaining independence.

To permit a family to provide security and support for their relatives with serious health problems or physical disabilities.

To reduce the degree to which elderly or disabled residents have to choose between increasing isolation in their own homes and institutionalization in nursing homes.

To develop housing types in single-family neighborhoods that are appropriate for households at a variety of stages in the life cycle.

To permit E.C.H.O. housing in a manner that protects the property values and single-family character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removed.

A special use permit must meet the following requirements for a temporary Elder Cottage Housing Opportunity (E.C.H.O.)

1. There can be only one (1) E.C.H.O. housing unit located on each parcel, in addition to the principal residence.

2. The E.C.H.O. housing unit must comply with all setbacks within the respective zoning districts.

3. E.C.H.O. housing units are only allowed in the A-1, A-2, E-1, E-2, R-1, R-2A, R-2, and R-3 zoning districts.

4. The E.C.H.O. housing unit must not exceed one thousand square feet of living space with not more than two (2) bedrooms in the R-2, R-2A, and R-3 zoning districts.

5. The E.C.H.O. housing unit must not exceed one thousand twelve hundred (1,200) square feet of living space with not more than two (2) bedrooms in the A-1, A-2, E-1, E-2, and R-1 zoning districts.

6. The E.C.H.O. housing unit must be an attached or detached pre-manufactured home with a removable foundation or a mobile home.

7. Each E.C.H.O. housing unit may have one (1) parking space.

8. The owner of the principal residence and the eligible resident(s) of the E.C.H.O. unit must be related by blood, marriage, adoption or licensed caretaker.

9. The owner(s) of the principal residence and lot must live in one (1) of the dwelling units on the lot with no more than two (2) occupants residing in an E.C.H.O. unit.

10. In order to be eligible for E.C.H.O. housing, at least one (1) of the occupants of the E.C.H.O. unit must be over 62, or unable to live independently because of mental or physical disabilities. All handicapped occupants must submit a letter from a physician verifying the disability and stating the permanency of the situation.

11. The principal owner of the property must annually submit an affidavit to the Zoning Administrator, verifying that either the principal unit or the ECHO unit is still occupied by the eligible resident(s) as named in the original application. Once the unit is no longer occupied by the eligible resident(s) named in the original application, the principal owner has six (6) months to remove the unit from the property or obtain the approval by the County Board of another Special Use Permit for ECHO housing. If the unit is not removed within six (6) months, the Will County Land Use Department will remove the structure. The principal owner of the property will be monetarily held liable for the cost. If the principal owner has not cleared debts within thirty (30) days of notification, a lien may be placed against the property.

8.19 SELF-SERVICE STORAGE FACILITIES (SSSF) (Mini-Warehouse Facilities)

8.19-1 Statement of Purpose

This Section is to provide for the development of self-service storage facilities as a special use in the following commercial and industrial districts: C-2, C-3, C-4, I-1, I-2, and I-3. The special use permit must meet the following requirements for self-service storage facilities:

8.19-2 Requirements for Self-Service Storage Facilities (SSSF)

1. Self-service storage facilities shall be limited to dead storage use only.

2. No activities other than rental and storage units and pick-up and deposit of dead storage shall be allowed on the premise.

3. All storage on the property shall be kept within an enclosed building.

4. A fence must be provided around the perimeter of the development. The fence shall be a minimum of six (6) feet in height and shall be constructed of opaque materials such as brick, stone, architectural tile, masonry units, wood, or similar materials, that will prevent the passage of light and debris, but expressly prohibiting woven wire (see Section 8.10).

5. No door openings for a self-storage unit shall be constructed facing any residential zoned property.

6. No self-service storage building shall exceed twelve (12) feet in height.

7. No individual storage unit shall exceed six hundred (600) square feet in floor area.

8. One (1) sign will be allowed on the premises in accordance with the sign ordinance (See Section 13).

9. Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least twenty-six (26) feet wide when cubicles open onto one (1) side of the lane only and at least thirty (30) feet wide when cubicles open onto both sides of the lane.

8.19-3 Use Restrictions

1. No person, on premises covered by a special use permit for SSSF shall 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 said business.
2. Servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment.

2. All SSSF rentals shall 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.

8.20 WIRELESS TELECOMMUNICATION FACILITIES

8.20-1 Statement of Purpose.

The intent of this Section is to ensure that the statutory criteria for the location and design of a Wireless Telecommunication Facility, as set forth in 55 ILSC 5/5 – 12001.1, have been satisfied.

8.20-2 Selection of Wireless Telecommunication Facility Site.

When choosing site location, the following criteria shall be considered:

1. A non-residentially zoned lot is the most desirable location.

2. A residentially zoned lot that is not used for residential purposes is the second most desirable location.

3. A residentially zoned lot that is two (2) acres or more in size and is used for residential purposes is the third most desirable location.

4. A residentially zoned lot that is less than two (2) acres in size and is used for residential purposes is the least desirable location.

8.20-3 Site and Structure Requirements for a Qualifying Structure.

1. No minimum lot area, width or depth shall be required for a facility. 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. The size of a lot shall be the lot’s gross area in square feet without deduction of any unbuildable or unusable land, any roadway, or any other easement. If the site is a residentially zoned lot that is less than two (2) acres in size and used for residential purposes, a variance would be required from the Will County Board.

2. No portion of a facility’s supporting structure or equipment housing shall be less than fifteen (15) feet from the front lot line of the facility lot or less than ten (10) feet from any other lot line.

3. The height of the qualifying facility, per definition, including the structure cannot be more than fifteen (15) feet higher than a structure previous to the installation or not more than (15) feet higher 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 shall be applied to a facility or to any existing use or structure coincident with the establishment of a facility.

8.20-4 Site and Structure Requirements for a Non-Qualifying Structure.

1. No minimum lot area, width or depth shall be required for a facility. 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. The size of a lot shall be the lot’s gross area in square feet without deduction of any unbuildable or unusable land, any roadway, or any other easement. If the site is a residentially zoned lot that is less than two (2) acres in size and used for residential purposes, a variance would be required from the Will County Board.

2. No portion of a facility’s supporting structure or equipment housing shall be less than fifteen (15) feet from the front lot line of the facility lot or less than ten (10) feet from any other lot line. If the supporting structure is an antenna tower other than a qualifying structure than (i) the facility will be located in a residential district the lot line setback distance to the nearest residentially zoned lot shall be at least fifty percent (50%) of the height of the facility’s supporting structure or (ii) the facility will be located in a non-residential zoning district the horizontal separation distance to the nearest principal residential building shall be at least equal to the height of the facility’s supporting structure.

3. The height of a facility shall not exceed seventy-five (75) feet if the facility will be located in a residential zoning district or two-hundred (200) feet if the facility will be located in a non-residential zoning district.

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

5. 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.

8.20-5 Design Criteria – All Structures.

The telecommunication carrier shall consider the following:

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 (3) inches in diameter should be preserved if reasonably feasible during construction. If any tree more than three (3) inches in diameter is removed during construction a tree three (3) inches or more in diameter of the same or a similar species shall be planted as a replacement if reasonably feasible. Tree diameter shall be measured at a point three (3) 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, Section 8.10. Paragraph 5 of this subsection 8-20-5, shall control over any tree-related regulations imposing a greater burden.

7. Fencing should be installed around a facility. The height and materials of the fencing should be in accordance with County fence regulations, Section 8.5-7 (1f).

8. Any building that is part of a facility located adjacent to a residentially 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 shall 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.

11. Review of the permit application for a facility shall be completed within thirty (30) days. If a decision of the County Board is required to permit the establishment of a facility, the County’s review of the application shall be simultaneous with the process leading to the County Board’s decision.

8.20-6 Wireless Telecommunication Facilities – Hearings on Location and Design Criteria

1. Authority and Purpose – The intent of this Section is to ensure that the statutory criteria for the location and design of a telecommunications carrier facility as set forth in 55 ILCS 5/5-12001.1 have been satisfied.

2. Authorized Facilities – Facilities established after January 1, 1998 are permitted in any zoning district subject to Sections 8.20-2, 8.20-3, 8.20-4 and, if a variance is necessary, subject to approval pursuant to this Section and to Section 8.20-7.

3. Initiation of Application – An application for a facility may be submitted by the owner, an agent in writing to act on the owner’s behalf, or other person having a written contractual interest in the parcel of land proposed for development with a facility.

4. Provision of Application – The Zoning Administrator shall provide the applicant with a sample of the Wireless Communication Tower Facility application form.

5. Filing of Application – Applications for facilities shall be filed with the Zoning Administrator and shall include, but shall not be limited to the following information:

1. Property Owner – name, address and phone number.
2. Authorized Agent – Name, address and phone number (must submit letter giving agent authority to apply).
3. Legal description and address of property.
4. Standards considered in selection of the site (see other Sections, PIN and Zoning of sites considered).
5. Present and proposed land use of the site on which the facility is located.
6. Surrounding zoning classifications adjacent to the site of the facility.
7. Site plan, which contains, at a minimum, the following:

1. A layout map of all existing and proposed buildings and structures, any recorded easements, and any existing septic fields on the site at a 1''= 20' scale.
2. A site access plan including ingress and egress.
3. The parking areas if the facility is to be manned on a regular, daily basis.
4. The location of any wetlands on the site.
5. Placement of exterior lighting.
6. Proposed landscaping.
7. Location of existing trees more than three (3) inches in diameter.
8. Mark trees, more than three (3) inches in diameter, that will be removed and location of replacement trees.
9. Fencing.
10. Location of any flood hazard areas.

8. Height of proposed structure and facility.
9. Height of existing structure and facility.
10. Height of structure being replaced.
11. Determine if structure is a qualifying structure.

6. In designing a facility, a wireless telecommunication carrier shall consider the guidelines in Section 8.20-3

Site and Structure Regulations for a Qualifying Structure and Section 8.20-4 Site and Structure Regulations for a Non-Qualifying Structure.

7. In designing a facility, a wireless telecommunication carrier shall consider Design Criteria in Section 8.20-5.

8. Review of Application –After receipt of a complete application for a facility, the Zoning Administrator shall complete the review of the application and shall send a written recommendation to the Planning and Zoning Commission, with a copy to the applicant.

9. Publication – Regardless of any other provision in these regulations to the contrary notice of the hearing is only required to be published in a newspaper of general circulation published in the county.

10. Action by Planning and Zoning Commission.

1. The Planning and Zoning Commission shall conduct a public hearing to consider the application in accordance with the provisions for Section 14.4-3.
2. The Planning and Zoning Commission shall review the application, the recommendation of the Zoning Administrator, and the testimony at the public hearing, and shall send its findings of fact and determination whether the criteria set forth in Section 8.20-3 have been satisfied to the County Board.

11. Action by County Board.

1. The County Board shall review the record before the Planning and Zoning Commission and the Planning and Zoning Commission’s recommendation and findings and shall make a determination as to whether the criteria set forth in Section 8.20-1 et. Seq. has been satisfied by a vote of a majority of the members present.
2. The County Board must make its final decision no later than seventy-five (75) days after submission of a complete application.
3. All decisions by the County Board shall be supported by written findings of fact.

12. Fees.

1. The petitioner shall pay all required publication costs associated with the request as well as fees levied by the County pursuant to Section 14.13 to partially defray its expense of investigating and considering the proposal. The fee shall be paid at the time of filing and publication fees shall be paid prior to any final disposition of the request by the County Board. All fees shall be paid prior to issuance of permit.

8.20-7 Telecommunications Carrier Facilities – Variances

1. Authority and Purpose – The County Board may in certain instances described below grant variations from the regulations, conditions and restrictions of Section 8.20 – et. seq.

2. Initiation and Review of Application – An application for a variance may be submitted by the owner, an agent authorized in writing to act on the owner’s behalf or other person having a written contractual interest in the parcel of land proposed for development.

3. Filing and Content of Application – Proposals for variances shall be filed with the Zoning Administrator and shall include, but shall not be limited to the following information:

1. The legal description and address (if available) of the premises,
2. The variance sought,
3. The present and proposed land use,
4. The present zoning classification,
5. The surrounding zoning classifications,
6. The names and addresses of owners of petitioned property,
7. An explanation of the need for the variance,
8. A site plan of 1"=20’ which shows all existing and proposed buildings and structures on the site, and
9. A copy of such site plan at reproducible size not to exceed 11"x17."
10. Location of and distance to surrounding communication towers and antennas within one quarter (1/4) mile of the proposed tower or within the carrier’s search ring.

4. Standards – In making their findings, the Planning and Zoning Commission and the County Board shall consider the following and no other matters:

1. whether, but for the granting of a variation the service that the telecommunications carrier seeks to enhance or provide with the proposed facility will be less available, impaired or diminished in quality, quantity, or scope of coverage;
2. whether the conditions upon which the application for variations is based are unique in some respect or, if not, whether the strict application of the regulations would result in a hardship on the telecommunications carrier;
3. whether a substantial adverse effect on public safety will result from some aspect of the facility’s design or proposed construction, but only if that aspect of the design or construction is modifiable by the applicant;
4. whether there are benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility; and,
5. The extent to which the design of the proposed facility reflects compliance with these regulations.

5. Review of Application – After receipt of a complete application for a variance the Zoning Administrator shall complete review of the application and shall send a report to the Planning and Zoning Commission with a copy to the applicant.

6. Publication – Regardless of any other provision in these regulations to the contrary, notice of the hearing is only required to be published in a newspaper of general circulation published in the County.

Action by the Planning and Zoning Commission:

1. The Planning and Zoning Commission shall conduct no more than one public hearing to consider the application in accordance with the provisions of Section 14.8.
2. The Planning and Zoning Commission shall review the application, the report of the Zoning Administrator, and testimony at the public hearing, and shall send its findings of fact and recommendation to the County Board recommending approval or denial of the variance.

7. Action of the County Board

1. The County Board shall review the record before the Planning and Zoning Commission and the Planning and Zoning Commission’s recommendation and findings and shall grant or deny the variance by a vote of a majority of the members present.
2. The County Board must make its final decision no later than seventy-five (75) days after submission of a complete application. If the County Board fails to act on the application within seventy-five (75) days after submission of a complete application, the applicant shall be deemed to have been approved.
3. All decisions by the County Board shall be supported by written findings of fact.

8.20-8 Definitions (See Section 16 for definitions pertinent to this Section.)

8.21 BED AND BREAKFAST ESTABLISHMENTS

Statement of Purpose: The purpose of this Section is to establish guidelines for the operation of bed and breakfast establishments in the County.

Bed and breakfast operations shall be subject to the following provisions:

1. A bed and breakfast establishment is allowed as a special use in the following agricultural and residential districts: A-1, A-2, E-1, and E-2;

2. Length of stay for a lodger shall not exceed ten (10) consecutive days;

3. Number of guest rooms is limited to four (4) bedrooms in the dwelling unit. Maximum occupancy is limited to two (2) adults per guest room;

4. A single identification sign not to exceed two (2) square feet may be erected. Such sign shall be non-illuminated and shall be attached flat against the front wall of the building it identifies;

5. Tandem off-street parking spaces may be provided, but not more than two (2) deep. No parking spaces shall be provided in the front yard; and,

6. The dwelling in which the bed and breakfast operates shall be the principal residence of the operator/owner and the operator/owner shall live on the premises where the bed and breakfast is active.

8.22 HOME OCCUPATIONS

An occupation conducted in a dwelling unit, provided that:

1. Home occupations are allowed as an accessory use in the following agricultural and residential districts: A-1, A-2 E-1, E-2, R-1, R-2, R-2A, R-3, R-4, R-5 and R-6;

2. One (1) person other than members of the family residing on the premises shall be engaged in such occupation;

3. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants; the use of the unit for home occupation shall be restricted to a space equal to or less than twenty-five percent (25%) of the floor area of the dwelling unit;

4. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the principal building;

5. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and,

6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

7. A dealer in firearms shall be allowed as a home occupation with a special use permit only.

8.23 ILLUMINATION

In all districts, any outside illumination or lighting shall not create a hazard or nuisance. Lighting shall be shaded whenever necessary to avoid casting bright light upon other properties.

8.24 REQUIREMENTS FOR ADULT ENTERTAINMENT FACILITY

Any and all adult entertainment facilities in addition to being regulated by the ordinance establishing licensing regulations for adult entertainment establishments shall comply with the following requirements:

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

2. An adult entertainment establishment shall not be located within one thousand (1,000) feet of any agriculture or residential zoning district.

3. An adult entertainment establishment shall not be located within one thousand (1,000) feet of a pre-existing school, day care center, cemetery, public park, forest preserve, public housing, or place of worship.

4. An adult entertainment establishment shall not be located in a structure, which contains another business that sells or dispenses in some manner alcoholic beverages.

5. For the purpose of these regulations, measurements shall 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, place of worship, or district zoned agricultural or residential.

6. The adult entertainment establishment shall meet all requirements of the Will County Ordinance establishing licensing regulations for adult entertainment establishments.

8.25 PIPELINE ORDINANCE

Purpose

The purpose of this Ordinance is to: 1) minimize the negative impacts on agricultural land and 2) protect sensitive areas by affording minimal negative impact during and after pipeline construction. This Ordinance shall pertain to all pipelines to be located within agricultural properties and/or properties with sensitive areas including but not limited to wetlands and existing forested or natural areas, which are not constructed in relation to the direct development of the property. Such pipelines shall meet the following standards:

1. Pipeline Depth

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

1. A minimum of 5 feet of top cover where it crosses cropland.
2. A minimum of 5 feet of top cover where it crosses pasture land or other agricultural land comprised of soils that are classified by the USDA as being prime soil.
3. A minimum of 3 feet of top cover where it crosses pasture land and other agricultural land not comprised of prime soil.
4. A minimum of 3 feet of top cover where it crosses wooded/brushy land or other sensitive areas.
5. Substantially the same topcover as an existing parallel pipeline, but not less then 3 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 will be 30 inches.
3. It is County’s desire that there be a good faith effort to cover all pipelines with at least 5 feet of soil.

2. Replacement of Topsoil

1. The topsoil depth shall be determined by a properly qualified, independent soil scientist or soil technician who will set stakes 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, will first be stripped from the area to be excavated above the pipeline and from the adjacent subsoil storage area. The topsoil will be stored in a window parallel to the pipeline trench in such a manner that it will not become 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 shall apply where excavations are made for road, stream, drainage ditch, or other crossings. In no instance will the topsoil materials be used for any other purpose.
4. As the topsoil is replaced, all rocks greater than 3 inches in any dimension shall be removed from the topsoil.

3. Restoration of Ground Cover

1. All soil conservation practices (such as terraces, grassed waterways, etc.) which are damaged by the pipeline’s construction will be restored to their pre-construction condition.
2. Sensitive areas shall be restored by seeding or planting vegetation that will establish preexisting character or to the landowners’ desire, not to exceed what was formerly present.

4. Restoration and/or Repair of Field Tiles

1. The Company will endeavor to locate all tile lines within the right-of-way prior to the pipeline’s installation so repairs can be made if necessary. The Company will contact affected landowners/tenants for their knowledge of tile line locations prior to the pipeline’s installation. All identified tile lines will be staked or flagged prior to construction to alert construction crews to the possible need for tile line repairs.
2. All tile lines that are damaged, cut, or removed shall 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. Where tile lines are severed by the pipeline trench, angle iron, I-beams, or an equivalent, installed to rest on a minimum of 8 (eight) inch undisturbed soil shelves, shall be used to support the repaired tile lines. The support member shall be sufficient to support a 10 ton point load on the surface directly above the repaired tile line.

5. Ingress and Egress Routes

Prior to the pipeline’s installation, the Company and the landowner will reach a mutually acceptable agreement on the route will be utilized for entering and leaving the pipeline 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.

6. Property Owner Notification and Information Procedure

1. The property owners of the land on which the pipe will be located shall be notified of the project intent and approximate scheduling of the construction.
2. Written permission shall be obtained from each property owner affected for pipelines not approved by FERC.
3. Notice shall be sent to the County Executive a minimum of thirty (30) days in advance of any Federal Energy Regulatory Commission (FERC) hearing for a Pipeline Representative seeking a certificate of Public Convenience and Necessity.

7. Separability

If any article, section, sub-section, sentence, clause or phrase of this ordinance is, for any reason, held to be void, such decision shall not affect the validity of any other article, section, sub-section, sentence, clause or portion thereof.

8.26 CARGO CONTAINERS

8.26-1 Statement of Purpose

The objective of this section is to regulate Cargo Containers throughout the County, as defined in Section 16. These uses or facilities should meet the following purposes:

To provide for safe and orderly storage of cargo containers in a manner that minimizes the noise, dust, traffic blight and other adverse environmental impacts of such a use upon the surrounding area.

To ensure that the cargo container storage operation is conducted in a safe manner based upon such factors as the permitted height of such containers, the cargo within the containers, and the methods of securing the containers so as to prevent shifting and toppling.

To ensure adequate screening of cargo containers from the public right-of-ways and adjacent properties.

To ensure that the site is of sufficient size to accommodate the safe storage of containers in accordance with this section.

8.26-2 Location of cargo containers are prohibited in all zoning districts except as prescribed below:

1. Cargo container storage and maintenance facilities are prohibited in all districts, except as a special use in the I-3 zoning district, provided they meet the requirements established in Sections 6.3-4 and 8.26.

2. The use of cargo containers (as defined in Section 16.2) for an accessory building or structure is prohibited in all zoning districts except when used in support of agricultural production by an active farmer as defined in 505 ILCS 5/3.01 and 505 ILCS 5/3.06 and meeting the requirements of Section 7.1 and 8.26 of the Will County Zoning Ordinance.

3. Cargo containers may be used in any zoning district as a temporary use for the purpose of storage of construction materials and/or equipment only with the granting of a temporary use permit as provided for in each zoning district.

8.26-3 Provision – Furthermore, all cargo container storage and maintenance facilities shall be subject to the following provisions:

1. Materials stored: Materials stored in the cargo containers shall not include any material deemed hazardous as defined by the Illinois Environmental Protection Agency and all materials shall comply with Section 6.3-9(3).

2. Access: Cargo containers may not be stored in a manner that blocks access to adjacent structures, buildings or the container’s interior.

3. Container color: Cargo containers used for accessory use in the A-1 zoning district shall be painted to match, as nearly as possible, the predominate color of the building nearest to the container’s location.

4. Signage: No signage shall be allowed on any cargo container unless approved in accordance with Section 13 – "Signs".

5. Separation distance: Except when utilized as temporary storage as provided for in this section, no cargo container shall be closer than 1,000 feet from any property zoned or used for residential land uses or be stored closer than thirty (30) feet to any existing structure or building.

6. Container Modifications: Cargo containers may not be modified or retrofitted for habitation. Containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.

7. Required Off-street Parking: No portion of any required off-street parking or loading/unloading areas shall be used for the storage of cargo containers or similar storage devices, except for temporary use for the storage of construction equipment or materials.

8. Environmentally sensitive lands: Cargo container storage and maintenance facilities may not be stored closer than 1,000 feet to any existing inventoried wetland or identified floodplain/floodway.

9. Historically sensitive site, buildings or structure: Cargo container storage and maintenance facilities shall not be visible from any site designated or identified as a local or national historic landmark or natural area. This includes significant vegetative features, stream and creek corridors, buildings, sites, structures and/or identified viewsheds of historic and/or cultural significance.

10. Structural Integrity, Surety for Removal:

1. Any cargo container stored or kept on property under the jurisdiction of Will County shall be safe, structurally sound, stable, and in good repair.
2. Any Cargo container that becomes unsound,