All subdivisions of land shall be in accordance with the provisions of the subdivision regulations of Kane County, Illinois, as adopted December 11, 1962, and as amended from time to time. (Ord. 80-37, § 7, 3-13-1980)

This ordinance shall be in full force and effect after its passage and approval as provided by law. (Ord. 92-187, 9-8-1992)

Adopted and approved this 15th day of December, A.D., 1937.

   Marcus W. Damisch

   Chairman of County Board of Supervisors

   Kane County, Illinois

   Charles Lowry

   County Clerk of Kane County, Illinois

Amended:

   June 10, 1941

   March 13, 1946

   September 17, 1947

   December 15, 1948

   March 19, 1952

   March 9, 1954

   June 13, 1955

   December 13, 1955

   September 11, 1957

   October 28, 1957

   September 8, 1959

   December 14, 1960

   April 26, 1962

   June 12, 1962

   September 11, 1963

   December 11, 1963

   April 27, 1965

   December 21, 1965

   February 8, 1966

   January 9, 1968

   March 11, 1969

   April 9, 1969

   June 23, 1969

   June 12, 1972

   September 12, 1972

   December 12, 1972

   February 13, 1973

   June 11, 1973

   November 13, 1973

   March 9, 1976

   April 12, 1977

   June 13, 1978

   October 10, 1978

   December 11, 1979

   March 11, 1980

   January 11, 1983

   May 10, 1988

   August 14, 1990

   March 12, 1992

   September 8, 1992

   April 12, 1994

   March 14, 1995

   February 11, 1997

   August 12, 1997

   September 9, 1997

   April 14, 1998

   March 12, 2002

   June 11, 2002

   September 9, 2003

   September 13, 2005

   January 8, 2008

   August 12, 2008

   May 11, 2010

   October 9, 2012

State of Illinois   )

         ) SS.

County of Kane   )

Whereas, the 1933 general assembly adopted an act entitled "an act to authorize and empower county boards to establish building or setback lines on or along any road, street, trafficway, drive or parkway outside the corporate limits of cities, villages and incorporated towns", and

Whereas, the purpose of granting this authority as stated in said act is "to the end that adequate safety may be secured and the congestion of public roads, streets, trafficways, drives and parkways may be lessened or avoided".

Therefore, be it resolved by the county board of Kane County, Illinois, that no building, structure, or concrete, stone or masonry wall (but not including wire or open wood fences) shall be erected, structurally altered or placed so that any part thereof is nearer to the established centerline of any adjoining public street or highway than the distance specified in the county zoning ordinance or such street or highway, and

Be it further resolved, that the requirements of this resolution shall be enforced by the enforcing officer of the zoning ordinance and as provided in the state act relating thereto, and

Be it further resolved, that this resolution shall be in full force and effect from and after the passage thereof.

(Adopted December 13, 1938)

The zoning department is hereby authorized, with the concurrence of the zoning board, to promulgate forms and procedures relative to the implementation and enforcement of this chapter.

Such instructions for procedures shall be attached for informational purposes as section 25-16-5, "Appendix A, Instructions", of this chapter. (Ord. 80-37, § 7, 3-13-1980)

Request for the rezoning of property, or for certain special uses of property, as set forth in these instructions must be addressed to the Kane County zoning board of appeals, 719 S. Batavia Avenue, Geneva, IL 60134, attention of the zoning enforcing officer in a form prescribed by the Kane County development and community services department. Certification that all property owners within two hundred fifty feet (250') of the property lines of the parcel which is the subject of the rezoning/special use have been notified must be filed with the department along with the rezoning or special use application. A public notice sign or signs are to be obtained from the department. This sign is to be placed conspicuously on the property which is the subject of the rezoning or special use at the end of the right of way along a public road, street, driveway or any other easement of access. The posting of multiple signs may be required as deemed appropriate by the department. The owner is to certify the sign was posted at least fifteen (15) calendar days prior to the zoning board of appeals meeting. The sign can be removed after the development committee meeting at which the rezoning or special use request is to be considered.

The request must set forth the legal description of the property involved. This description must be accurate, as any rezoning is actually an amendment to the zoning ordinance itself, and upon adoption by the county board, the maps, which are a part of the ordinance, are changed to show the reclassification.

A land use opinion must accompany the petition for rezoning or special use. Application blanks for this purpose may be obtained from the Kane-DuPage soil and water conservation district office located at 545 Randall Road, St. Charles, IL 60174.

An endangered species consultation agency action report must accompany any rezoning or special use request involving land zoned F district - farming. Application blanks for this purpose may be obtained from the endangered and threatened species program manager, Illinois department of natural resources, 524 South Second Street, Springfield, IL 62701 - phone: 217-785-8774.

The request should also state what the existing classification of the property is, under the zoning ordinance, and what classification is desired. Information regarding the necessary classification for the use desired can be obtained directly from the zoning ordinance. In the case of a request for certain special uses, requiring a hearing before the zoning board, and approval by the county board, it must be determined first, if the zoning classification is correct and then a request for establishing the particular use desired should be submitted. If the zoning classification is not correct for the special use desired, the request for rezoning and for the special use shall be incorporated in the same petition.

It is necessary that a detailed sketch, showing the location of proposed buildings and parking areas, be submitted with the petition. This should also show proposed entrance(s) and exitway(s) to and from the public highway. Authority for location of such entrance(s) and exitway(s) must be obtained from the particular highway commissioner having jurisdiction. To promote safety, these should be kept to a minimum and it is necessary to consult the state highway department regarding the locations of such entrance(s) and exitway(s) where said entrance(s) and exitway(s) are located on state highways. If a township, county, or state road is adjacent to the property involved in the rezoning or special use request, it may be necessary to dedicate right of way. To determine this, contact Kane County division of transportation, 41W011 Burlington Road, St. Charles, Illinois. (Ord. 92-187, 9-8-1992; Ord. 97-240, 9-9-1997; Ord. 05-304, 9-13-2005; Ord. 12-295, 10-9-2012)

Application for a variation from the zoning ordinance of Kane County must be addressed to the Kane County Zoning Board Of Appeals, 719 S. Batavia Avenue, Geneva, IL 60134, attention of the zoning enforcing officer, in a form prescribed by the Kane County development and community services department.

The application must set forth the legal description of the property involved. This description should be copied from the deed covering the property and must be accurate, as it is necessary to locate the property on the zoning maps, using said description. In addition to the description, the actual variation desired must also be set forth, with a clear explanation of what is wanted and why the request is made. This explanation should show why the regular requirements of the zoning ordinance cannot be met, and must show proof that a particular hardship would result if a variation were not granted. Such a hardship must not be self-created.

A sketch of the property involved, drawn to scale, must accompany the application for a variation. This sketch should show the outline and dimensions of the property and all the buildings and structures located thereon. The distances from the buildings to the property line must be measured accurately and be shown on the sketch. The portion of the building or structure for which a variation is requested should be clearly shown on the sketch. The name and address of the applicant must be given. The petition must be signed by the owner of record of the property. In case the property is under purchase contract, the owner of record must sign and the contract purchaser should also sign the petition.

Certification that all property owners within two hundred fifty feet (250') of property lines of the property on which the variance is sought have been notified must be filed with the department along with the variation application. A public notice sign or signs are to be obtained from the department. This sign is to be placed conspicuously on the property which is the subject of the variance at the end of the right of way along a public road, street, driveway or any other easement of access. The owner is to certify the sign was posted at least fifteen (15) calendar days prior to the zoning board of appeals meeting. The sign can be removed after the zoning board of appeals meeting at which the variance request is to be considered. The form for filing application is available in the offices of the development and community services department, building A, 4th floor, government center, Geneva, Illinois.

An aerial (air photo) showing parcels involved in the variation is required. These may be obtained from the Sidwell Company, 28W240 North Avenue, West Chicago, IL 60185.

In submitting an application for a variation, a fee as prescribed in section 25-4-9-1 of this chapter shall accompany same.

Pursuant to the state land trust disclosure act (bill 1508), if property involved is listed under a "trust", a notarized certification, signed by the trust officer, giving names, addresses and percentage of interest, of all beneficiaries, is to be filed with all petitions.

Upon receipt of such an application, certification, air photo and fee, the zoning enforcing officer contacts the chairman of the zoning board of appeals for a hearing date. A public notice is then published in a newspaper of general circulation in the county, at least fifteen (15) days in advance of the hearing.

The applicant or a representative must attend the hearing. (Ord. 92-187, 9-8-1992; Ord. 97-240, 9-9-1997; Ord. 05-304, 9-13-2005; Ord. 12-295, 10-9-2012)

An application for ministerial variance from the Kane County zoning ordinance of ten percent (10%) or less as to location of structures or as bulk regulations must be addressed to the Kane County Zoning Enforcement Officer, 719 S. Batavia Avenue, Geneva, IL 60134, in a form prescribed by the Kane County development and community services department.

The application must include the legal description of the property involved. This description can be copied from the deed covering the property and must be accurate. In addition, the actual variation desired must be specified with a clear explanation of what is wanted and why the request is made. This explanation should show why the regular requirements of the zoning ordinance cannot be met, and must show proof that a particular hardship would result if a variation were not granted. Such a hardship must not be self-created.

A sketch of the property involved, drawn to scale, must accompany the application for a variation. This sketch should show the outline and dimensions of the property and all the buildings and structures located thereon. The distances from the buildings to the property line must be measured accurately and be shown on the sketch. The portion of the building or structure for which a variation is requested should be clearly shown on the sketch.

The name and address of the applicant must be given. The petition must be signed by the owner of record of the property. In case the property is under purchase contract, the owner of record must sign and the contract purchaser should also sign the petition.

A certified list of property owners within two hundred fifty feet (250') of the property lines which is the subject of the ministerial variance request must be submitted. A public notice sign is to be obtained from the department. This sign or signs are to be placed conspicuously on the property which is the subject of the ministerial variance at the end of the right of way along a public road, street, driveway or any other easement of access. The owner is to certify the sign was posted for at least fifteen (15) calendar days, after which the zoning enforcing officer can decide the variance request.

A form for this purpose is available from the development and community services department, 719 S. Batavia Avenue, Geneva, IL 60134.

In submitting an application for a ministerial variation, a fee as prescribed in section 25-4-9-1 of this chapter shall accompany the same.

Pursuant to the state land trust disclosure act (bill 1508), if property involved is listed under "trust", a notarized certification, signed by the trust officer, giving names, addresses and percentage of interest, of all beneficiaries, is to be filed with all petitions. (Ord. 92-187, 9-8-1992; Ord. 97-240, 9-9-1997; Ord. 05-304, 9-13-2005; Ord. 12-295, 10-9-2012)

   A.   Action By The Zoning Board Of Appeals: Anyone, including municipalities, desiring to speak on behalf of, or against, any zoning matter shall register their request to do so by eight thirty o'clock (8:30) A.M. on the day of the meeting of the county board at which said zoning matter is to be presented. Registration may be completed electronically on the county's website, by e-mail, telephone or in writing to the county board office. You are referred to chapter 2, article II, subsection 2-47B16 of this code for the rules applicable to such speaker(s).

   B.   Recommendations By The Kane County Development Committee: The petition which is the subject of a public hearing will be considered by the Kane County development committee at its first scheduled meeting immediately following a decision of the zoning board of appeals.

The committee may or may not make a recommendation concerning the petition to the county board. Any recommendation by the committee is not binding on the county board.

Persons in favor of or in opposition to this petition who wish to speak before the development committee must signify their intention to do so by signing a sheet provided for such purpose at the meeting at which such petition is to be considered. The time allowed to each speaker and the division of time among speakers will be according to chapter 2, article II, subsection 2-47B16 of this code.

Persons speaking before the county board or the development committee shall confine their remarks to argument based upon the evidence submitted at the public hearing. New matters shall not be raised nor will the committee or the board consider them.

   C.   Written Protests: See section 25-4-7 of this chapter pertaining to written protests in opposition to text or map amendments and special uses. (Ord. 92-187, 9-8-1992; Ord. 97-214, 8-12-1997; Ord. 02-81, 3-12-2002; Ord. 05-304, 9-13-2005; Ord. 12-295, 10-9-2012)