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Kane County Unincorporated
City Zoning Code

ARTICLE X

BUSINESS DISTRICTS

25-10-1-1: PERMITTED USES:

In the RB district, the following uses are permitted:
   A.   Banks.
   B.   Delicatessens (not including consumption of food or beverages on the premises).
   C.   Medical clinics for human beings.
   D.   Personal service shops such as shoe repair, beauty parlors, barbershops, dry cleaning receiving stations. Cleaning must be done elsewhere.
   E.   Postal substations.
   F.   Prescription drugstores (not including serving of any food or beverages). This shall not include the dispensing of cannabis as defined by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   G.   Retail sale of foods, drugs, wearing apparel, hardware, furniture, household goods and supplies, office equipment and supplies, camping and recreational equipment (not self-propelled), garden supplies and other similar products, goods and merchandise are permitted so long as the aforesaid goods and/or merchandise is sold from a permanent structure. Temporary seasonal sales may be permitted for a period not to exceed six (6) months without erecting a structure providing a temporary use permit is obtained from the zoning enforcing officer. In the case of temporary food sales, a temporary food service license must be obtained from the Kane County environmental health department. This shall not include the dispensing of cannabis as defined by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   H.   "Mixed uses", as defined herein.
   I.   Business and professional offices.
   J.   Personal service shops such as shoe repair, beauty parlors, barbershops, and similar services.
   K.   Business signs defined herein not to exceed eight (8) square feet in display area per side. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

25-10-1-2: SPECIAL USES:

Special uses compatible with other uses permitted in this district may be considered in the manner prescribed, as outlined in section 25-4-8 of this chapter.
   A.   Adult-use cannabis dispensers. (Ord. 08-07, 1-8-2008; Ord. 14-200, 7-8-2014; Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

25-10-2-1: PERMITTED USES:

In the B1 district, the following uses are permitted:
   A.   The uses as permitted in the R1, R2, R3, and R4 districts (except subsections 25-9-5-1A and J of this chapter).
   B.   Business signs as defined herein not to exceed thirty two (32) square feet in display area per side and twenty feet (20') in height. Business signs lawfully in place prior to May 10, 1988, may be continued subject to the regulations for nonconforming buildings, structures and uses set forth in article VI of this chapter.
   C.   Apartments in a building used principally for a business use permitted herein except those uses permitted in subsections A, B, G, and L of this section, and provided:
      1.   That any such apartment located on the first floor of such building shall be located only in the rear twenty five percent (25%) of said building.
      2.   That the lot area per apartment is not less than one thousand five hundred (1,500) square feet, exclusive of required business and residential parking.
   D.   Bakeries (retail), print shops, laundry and dry cleaning receiving stations. Cleaning must be done elsewhere.
   E.   Banks.
   F.   Business and professional offices.
   G.   Coin operated amusement devices, as defined herein, provided that said coin operated devices shall be licensed, operated, and located pursuant to "an ordinance requiring a license for and imposing a tax on the operation of coin operated amusement devices", as amended. This shall not include "arcades", as defined herein.
   H.   Commercial swimming pools and beaches.
   I.   Dental laboratories.
   J.   Garage buildings for the repair, servicing, storage, sale or rental of new or used motor vehicles and vehicle parts, but not including "auto wrecking yards" as herein defined, and not including open air lots for parking or display for sale or rental of motor vehicles.
   K.   Hotels and motels.
   L.   Laundry and cleaning facilities provided for the public by coin operated or attended machines having a single load capacity of not more than twenty (20) pounds and using noninflammable liquids.
   M.   Motor vehicle parking lots not including truck storage or truck terminals.
   N.   Personal service shops such as shoe repair, beauty parlors, barbershops, and similar services.
   O.   Pet shops, not including boarding of animals.
   P.   Plumbing shops (retail).
   Q.   Post offices.
   R.   Private music, dancing, business and vocational schools and colleges.
   S.   Retail sale of foods, drugs, wearing apparel, hardware, furniture, household goods and supplies, office equipment and supplies, camping and recreational equipment (not self-propelled), garden supplies and other similar products, goods and merchandise is permitted so long as the aforesaid goods and/or merchandise is sold from a permanent structure. Temporary seasonal sales may be permitted for a period not to exceed six (6) months without erecting a structure providing a temporary use permit is obtained from the zoning enforcing officer. In the case of temporary food sales, a temporary food service license must be obtained from the Kane County environmental health department. This shall not include the dispensing of cannabis as defined by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   T.   Rooming houses, or boarding houses, or combinations thereof, including one apartment accessory to the operation thereof.
   U.   Serving of meals and nonalcoholic drinks, but not including drive-in establishments as defined in section 25-3-1 of this chapter.
   V.   Theaters, indoor.
   W.   Undertaking establishments.
   X.   Upholstery shops.
   Y.   Farmers markets. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021; Ord. 22-355, 10-11-2022)

25-10-2-2: SPECIAL USES:

The following special uses may be allowed in a B1 district, subject to the provisions of section 25-4-8 of this chapter:
   A.   The retail sale of packaged beer and alcoholic liquors, but not for consumption on the premises. However, in any application for a rezoning of any property to B1 district-business, if in the same application for such rezoning a request is made for authority to sell packaged beer and alcoholic liquors at retail, but not for consumption on the premises, then at the same hearing under such application the zoning board may consider such request for such retail sale, and make recommendations to the county board, without the necessity of a further hearing on the matter. Except as otherwise specifically provided, this is the only district in which this use is permitted.
   B.   Car and truck wash.
   C.   Commercial TV and radio towers.
   D.   Gasoline stations, including marine, provided the plans and construction of storage tanks and gasoline pumps conform to the laws and regulations of the state and have the approval of the state division of fire prevention.
   E.   Outdoor theaters, and other drive-in establishments as defined in section 25-3-1 of this chapter.
   F.   Advertising signs as defined herein not to exceed ninety six (96) square feet in display area per side and forty feet (40') in height. Advertising signs lawfully in place prior to May 10, 1988, may be continued subject to the regulations for nonconforming buildings, structures and uses set forth in article VI of this chapter.
   G.   Adult-use cannabis dispensers. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

25-10-2-3: USES EXPRESSLY PROHIBITED:

Trailer coaches or mobile homes, as herein defined. (Ord. 78-79, §§ 10-12, 6-13-1978; Ord. 82-66, 5-11-1982; Ord. 83-15, 1-11-1983; Ord. 88-62, 5-10-1988; Ord. 92-187, 9-8-1992; Ord. 14-200, 7-8-2014)

25-10-3-1: PERMITTED USES:

In the B2 district, the following uses are permitted:
   A.   The uses as permitted in the R1, R2, R3 and R4 (except subsections 25-9-5-1A and J of this chapter), F and B1 districts.
   B.   Carnival grounds and equipment.
   C.   Dance halls and rollerskating rinks.
   D.   Practice golf driving tees, merry-go-rounds, bowling alleys, pool halls, and other commercial places of amusement.
   E.   Shooting galleries and ranges in a fully enclosed building.
   F.   Racetracks, this is the only district in which this use is permitted.

25-10-3-2: SPECIAL USES:

The following special uses may be allowed in the B2 district, subject to the provisions of section 25-4-8 of this chapter:
   A.   "Adult business", as defined in section 25-3-1 of this chapter, excluding adults only nightclubs. A separate special use must be acquired for each adult business. Except as otherwise specifically provided, this is the only district in which this special use is permitted.
   B.   "Arcade", as defined in section 25-3-1 of this chapter, provided said "arcade" shall be licensed, operated, and located pursuant to "an ordinance requiring a license for and imposing a tax on the operation of coin operated amusement devices" as amended.

25-10-3-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in B1 district are prohibited in B2 district. (Ord. 78-79, § 13, 6-13-1978; Ord. 82-66, 5-11-1982; Ord. 83-15, 1-11-1983; Ord. 97-46, 2-11-1997)

25-10-4-1: PERMITTED USES:

In the B3 district, the following uses are permitted, subject to the performance standards as set forth in section 25-11-1-5 of this chapter:
   A.   The uses as permitted in the R1, R2, R3, and R4 (except subsections 25-9-5-1A and J of this chapter), and F, B1 and B2 districts.
   B.   Reserved.
   C.   Bottling plants.
   D.   Cemetery monument works.
   E.   Cheese factories.
   F.   Creameries.
   G.   Dry cleaning establishments.
   H.   Ice cream manufacturing.
   I.   Laundries.
   J.   Milk collection depots.
   K.   Printing plants, including the printing and processing of wallpaper.
   L.   Hospitals for the treatment of animals.
   M.   Wholesale establishments and their facilities (receiving, storing, and distributing).
   N.   Yards for the storage and repair of maintenance and operating equipment of public agencies and public utilities.
   O.   Tourist courts and motor lodges, as defined in section 25-3-1 of this chapter. This is the only district in which this use is permitted.

25-10-4-2: SPECIAL USES:

The following special uses may be allowed in the B3 district, subject to the provisions of section 25-4-8 of this chapter:
   A.   Auction sales buildings and/or yards.
   B.   Blacksmith shops.
   C.   Body and paint shops.
   D.   Reserved.
   E.   Bulk storage of gasoline, fuel oil or other inflammable or explosive liquids or fuel gases, under pressure, for retail sales and distribution, provided the location, plans and construction shall conform to the laws and regulations of the state and have approval of the state division of fire prevention.
   F.   Grain elevators or warehouses.
   G.   Light manufacturing within fully enclosed buildings:
      1.   If not detrimental to health or to neighboring property.
      2.   If not hazardous to life or property.
      3.   In any application for a rezoning of any property to B3 district-business, if in the same application for such rezoning, a request is made for authority to carry on light manufacturing hereunder, then, at the same hearing, under such application, the zoning board may consider such request for such light manufacturing and make recommendation to the county board, without the necessity of a further hearing on the matter.
   H.   Meat processing, including smoking, but not including slaughtering of animals.
   I.   Open air lots for the parking and display for sale or rental of motor vehicles in self-propelling and self-operative condition and for parking or display for sale of trailer coaches.
   J.   Processing of poultry not produced on the premises. However, in any application for a rezoning of any property to B3 district- business, if in the same application for rezoning, a request is made for authority to process poultry hereunder, then, at the same hearing, under such application the zoning board of appeals may consider such request for such poultry processing and make recommendation to the county board without the necessity of further hearing in the matter.
   K.   Retail sheet metal shops.
   L.   Railroad freight stations, service tracks, truck terminals and other receiving, storage and distribution facilities commonly required by light industry.
   M.   Stock shipping yards.
   N.   Yards and buildings for the storage of coal, wood, lumber and building materials, poultry and livestock feed and supplies, farm implements and equipment, including commercial elevators and warehouses.
   O.   Yards and buildings for the storage of equipment and materials if not hazardous to life and neighboring property.
   P.   Adult-use cannabis dispensers. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

25-10-4-3: USES EXPRESSLY PROHIBITED:

The following uses are prohibited in the B3 business district:
   A.   Any establishment serving beer or alcoholic liquor or selling them at retail.
   B.   Manufacture or storage of ammunition, dynamite, nitroglycerin or other high explosives in such manner or quantity as to be hazardous to persons and property beyond the premises.
   C.   Auto wrecking yards as defined in section 25-3-1 of this chapter.
   D.   Dance halls and rollerskating rinks.
   E.   Trailer coaches or mobile homes as defined in section 25-3-1 of this chapter. (Ord. 78-79, §§ 14-16, 6-13-1978; Ord. 82-66, 5-11-1982; Ord. 08-07, 1-8-2008; Ord. 14-200, 7-8-2014)

25-10-5-1: PERMITTED USES:

In the B4 district, the following uses are permitted:
   A.   The uses as permitted in the R1, R2, R3, and R4 (except subsections 25-9-5-1A and J of this chapter), and F and B1 districts.
   B.   Taverns, bars, nightclubs, restaurants, motels and bowling alleys, serving beer or alcoholic liquors or any establishments serving or selling beer or alcoholic liquors at retail to the general public. These uses shall not include an "adult business" as defined in section 25-3-1 of this chapter.

25-10-5-2: SPECIAL USES:

The following special uses may be allowed in the B4 district, subject to the provisions of section 25-4-8 of this chapter:
   A.   "Adults only nightclub", as defined herein. Except as otherwise specifically provided, this is the only district in which this special use is permitted. Adults only nightclubs which were legally established and operated continuously prior to the effective date hereof shall be permitted as nonconforming uses in accordance with article VI of this chapter, as amended.
   B.   Adult-use cannabis dispensers. (Ord. 21-224, 4-13-2021)

25-10-5-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in B1 district are prohibited in B4 district. (Ord. 97-46, 2-11-1997)

25-10-6-1: PERMITTED USES:

In the B5 district, the following uses are permitted:
   A.   The uses as permitted in the R1, R2, R3, and R4 (except subsections 25-9-5-1A and J of this chapter), and F, B1, B2, and B3 districts.
   B.   Trailer parks as defined in section 25-3-1 of this chapter.
   C.   All trailer parks shall conform to the standards and regulations of the Kane County trailer coach and mobile home park ordinance.

25-10-6-2: SPECIAL USES:

Special uses may be considered in the manner prescribed, as outlined in section 25-4-8 of this chapter. (Ord. 68-25, 4-9-1968)

25-10-7-1: PERMITTED USES:

In the B6 district, the following uses are permitted:
   A.   The uses as permitted in the R1, R2, R3, and R4 (except subsections 25-9-5-1A and J of this chapter), and F, B1, B2, and B3 districts.
   B.   Trailer parks accommodating only independent trailer coaches as defined in the Kane County trailer coach and mobile home ordinance.
   C.   All trailer parks shall conform to the standards and regulations of the Kane County trailer coach and mobile home ordinance.

25-10-7-2: SPECIAL USES:

Special uses may be considered in the manner prescribed, as outlined in section 25-4-8 of this chapter. (Ord. 68-25, 4-9-1968)