In the construction of this ordinance, the rules and definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:

   A.   Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

   B.   The word "shall" is mandatory and not directory.

   C.   The word "may" is permissive.

   D.   The word "lot" shall include the words "piece", "parcel", and "plots"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".

For the purposes of this ordinance, certain terms and words are hereby defined as follows:

ACCESSORY OR INCIDENTAL BUILDING OR USE: A building or use which is:

   A.   Located or conducted on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance;

   B.   Clearly incidental to, subordinate in purpose to, and serves the principal use; and

   C.   Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

ADULT BUSINESS: Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adults only bookstores, adults only motion picture theaters, adult entertainment centers, massage parlors, rap parlors, adults only nightclubs or adults only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

ADULT ENTERTAINMENT BUSINESS: Synonymous with "adult business", as defined in this section.

ADULT ENTERTAINMENT CENTER: An enclosed building or part of an enclosed building, which contains one or more coin operated mechanisms which when activated permit a customer to view a live person nude or in such attire, costume or clothing as to expose to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or, female breast, at or below the areola thereof. In addition, the viewing of a live person, in the above described manner, after paying of any admission or fee for the viewing of same activity.

   C.   On or in a publicly owned or public operated property;

   F.   These restrictions do not apply to noncommercial messages.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. All adult-use cannabis businesses shall comply with all state rules and regulations and have the appropriate state licenses. In addition, all adult-use cannabis businesses shall comply with adult cannabis business establishments setbacks, as defined herein.

ADULT-USE CANNABIS ESTABLISHMENTS SETBACKS: All adult-use cannabis businesses shall comply with the following setbacks from other uses:

 

 

      3.   Facility may not be located within ( ‘) of the property line of pre-existing forest preserve, public park, place of worship or township owned open space.

ADULTS ONLY: Any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.

ADULTS ONLY BOOKSTORE: An adults only establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. An establishment, having adults only items as a substantial or significant portion of its stock, that sells or displays adults only items for sale to patrons therein.

ADULTS ONLY MOTION PICTURE THEATER: An enclosed building used regularly and routinely for presenting adults only material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, explicit sexual conduct (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation by patrons therein.

ADULTS ONLY NIGHTCLUB: An establishment or place either occasionally or primarily in the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

ADULTS ONLY SAUNA: An establishment or place primarily in the business of providing a steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

ADVERTISE AS DEFINED FOR ADULT USE CANNABIS ADVERTISING: Means to engage in promotional activities including, but not limited to: newspaper, radio, internet and electronic media, and television advertising; the distribution of fliers and circulars; billboard advertising; and the display of window and interior signs. “Advertise” does not mean exterior signage displaying only the name of the licensed cannabis business establishment.

ADVERTISING DEVICE: Any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

AGRICULTURAL ACTIVITIES: Means and includes planting, raising or harvesting of any agricultural or horticultural commodities, including the related handling, packing and processing upon the farm where produced or at the point of first processing. This shall not include the cultivation 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.

AGRICULTURAL CULTURE CENTER: A facility used to educate the public about the practices or heritage of agriculture.

AGRICULTURE: Land, including buildings and structures accessory thereto, used for agricultural purposes; provided, the principal use involves the production, cultivation, or growing of soil crops and the raising of livestock (including poultry, bees, fish, horses, etc.), the lot contains not less than five (5) acres of land area, and only byproducts thereof may be sold from the lot. Buildings or structures used, or to be used, for agricultural purposes shall be required to conform to building setback lines. This shall not include buildings used primarily for residences. This shall not include the cultivation, processing, infusing, dispensing or transporting 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.

AGRICULTURE PRODUCT: A product derived from a plant or animal, including, but not limited to, produce, meat, eggs, honey, flowers, and fibers.

AGRICULTURE PRODUCT, VALUE-ADDED: Agriculture Products that have been changed from their raw state into a new product through packaging, processing, freezing, drying, extracting, fermenting, or any other type of process that differentiates the product from the raw commodity.

AGRITOURISM EVENT VENUE: An actively farmed parcel also used to hold public or private events that are intended to impart event attendees with an educational or aesthetic appreciation of agriculture or farming culture. Event examples include, but are not limited to, weddings, rodeos, horse shows, and agriculture festivals.

AGRITOURISM, INTENSIVE: Activities located on an operational farm that bring customers onsite for the purpose of education or aesthetic appreciation of agricultural products, practices or culture. Intensive Agritourism activities may include the following activities and similar uses as determined by the Zoning Enforcement Officer: Agriculture Culture Center, Agritourism Event Venue, Farmers Market, Farm Market, Participatory Farm, Rural Retreat, Tasting Room, Transient Agritourism Lodging, and Restaurant, Farm-Based.

AGRITOURISM, LIMITED: Activities located on an operational farm that bring customers onsite for the purpose of education or aesthetic appreciation of agricultural products, practices or culture. Limited Agritourism activities may include the following activities and similar uses as determined by the Zoning Enforcement Officer: Hay rides, corn mazes, farm tours, agriculture training, and petting zoos (farm-animals only).

AIRCRAFT: Any contrivance now known, or hereafter invented, used or designed for navigation of, or flight in, the air. As used in this ordinance, the term aircraft includes, but is not limited to, airplanes and helicopters.

AIRPLANE: A fixed wing aircraft heavier than air that is driven by a propeller(s) and supported by the reaction of the air against its wings.

ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those residential, commercial and industrial properties whose principal frontage is on a street.

APPROVED: Reference herein to an approved community water supply or an approved community sewerage disposal system shall mean approval of such supply or system by the county of Kane and the Illinois environmental protection agency.

ARCADE: Premises and/or place of business whose principal operation consists of the location and/or operation of coin operated amusement devices, as defined herein, or, a premises and/or place of business wherein the area of the use and/or location of said coin operated amusement devices exceeds ten percent (10%) of the floor area. For determining floor area ratio, the definition for "floor area", as defined in this section, shall be used, except that only the floor(s) on which the devices are located and/or used shall be counted in this determination.

ASSISTED LIVING FACILITY: A building and premises where the proprietor furnishes lodging and varying degrees of custodial care to persons who are elderly or who require assistance in daily living, but are otherwise in good health.

AUTO WRECKING YARD: Any place where motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for the wrecking or storing of such motor vehicles or the parts thereof. (See definition of Junk (Or Salvage) Yard.)

AUTOMOBILE SERVICE STATION: Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories; minor automobile repairs; and greasing or washing of individual automobiles.

BALCONY: An exterior floor system projecting from a structure and supported by that structure, with no additional independent supports.

BASED AIRCRAFT: An "aircraft", as defined in this section, is based at a facility and is a based aircraft for purposes of this ordinance if such aircraft operates out of such facility in the sense that such facility is the point of origin of its operation or general maintenance of the aircraft is conducted there.

BASEMENT: That portion of a building below the first or ground floor level with its entire floor below exit discharge grade.

BED AND BREAKFAST ESTABLISHMENT: An owner occupied, single-family detached dwelling, or portion thereof, where overnight accommodations are available for compensation for a temporary time period. This shall not include a restaurant establishment, hotel, motel, lodging house or lodging rooms. No guestroom shall have any kitchen facilities. Further, the establishment must satisfy all requirements of the Kane County health department and the Kane County building code prior to the issuance of a permit to establish use.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines of waterways, municipal boundary lines, township lines or county lines.

BOAT MARINA: Shall include the term "boat livery", and shall mean and describe establishments for the sale, rental, repair, storage, and servicing of boats, boating equipment, accessories and supplies, and products and services related thereto.

BOOTH: Any enclosure that is specifically offered to patrons of an adult business for the private viewing of any adults only item or movie. Said definition does not include enclosures that are used as private offices by any operator, employee or agent for attending to the tasks of their employment and are not offered for use by the public.

BUILDING: Any structure which is designed, used or intended for the support, enclosure, shelter, or protection of persons, animals, or other property and which is permanently affixed to the land.

BUILDING, ATTACHED: A building attached to another building when the buildings share at least eight feet (8') of a common wall. Also, the attachment must be constructed on a minimum of a forty two inch (42") deep foundation and be enclosed by a roof and permanent walls.

BUILDING, DETACHED: A building surrounded by open space on the same lot as a principal building.

BUILDING HEIGHT: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

BUILDING, PRINCIPAL: A building which is designed, used, or intended to be occupied and maintained for the principal use on a zoning lot.

BULK: The term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes:

   A.   Height and area of buildings.

   B.   Location of exterior walls in relation to lot lines, streets, or other buildings.

   C.   Gross floor area of buildings in relation to lot area (floor area ratio).

   D.   All open spaces allocated to buildings.

   E.   Amount of lot area required for each dwelling unit.

CAMPGROUNDS: See definition of Recreational Camp.

CAR WASH: A building, or portion thereof, containing facilities for washing one or more automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand washing of such automobiles, whether by operator or by customer.

CERTIFICATE, ZONING: The written approval of the zoning enforcing officer certifying that the applicant's plans and drawings comply with all applicable provisions of this ordinance. The "zoning certificate" may consist of a standardized independent form bearing the signature of the zoning enforcing officer. It may be represented as a part of the building permit or application.

CLINIC: An individual or organization offering medical, psychological and/or dental services.

CLUB OR LODGE, PRIVATE (NONPROFIT): A nonprofit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve meals and beverages on such premises, and where licensing is required, such license shall be prerequisite to the issuance of a permit.

COIN OPERATED AMUSEMENT DEVICE: Any machine which upon monetary exchange between patron and owner and/or his employee or upon the insertion of a coin, slug, token, plate, or disc, may be operated by the public generally for the use as a game, entertainment, or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, electronic games, skill balls, mechanical grab machines, pool tables, coin operated music players and all games, operations or transactions, similar thereto under whatever names games may be known.

CONVALESCENT OR NURSING HOME: A private home for the care of the aged or infirm, or a place of rest for those suffering bodily disorders.

CUBICLE: Synonymous with "booth", as defined in this section.

DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels".

DECK: An exterior floor system supported on at least two (2) opposing sides by an adjoining structure and/or posts, piers, or other independent supports.

DISTRICT, ZONING: A section of the county within which the regulations governing the use of land are uniform.

DOOR: Full, complete, nontransparent closure device that obscures the view or activity taking place within the enclosure.

DRIVE-IN AND/OR TAKEOUT ESTABLISHMENT: A place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of food or beverage in automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures. If, in addition to the consumption of any food or beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in and/or takeout establishment. The term "drive-in and/or takeout establishment" shall include, but is not limited to: automobile service stations; car washes; drive-in restaurants, diners, grills, luncheonettes, sandwich stands, snack shops, soda fountains or short order cafes; drive-in banks; and drive-in theaters.

DUSTLESS SURFACE: Surface constructed of concrete, asphalt, or smooth grass turf.

DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, multiple-family dwellings and apartment hotels, but not including hotels, motels, trailer coaches or mobile homes.

DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one or more sides by party walls.

DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.

DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A building containing one dwelling unit only.

DWELLING, TWO-FAMILY: A building containing two (2) dwelling units.

DWELLING UNIT: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used, for living, sleeping, cooking and eating.

ERECTED: Set up, raised, built or moved into place.

ESTABLISHMENT, BUSINESS: A place of business carrying on operations which are separate and distinct from those of any other place of business located on the same zoning lot.

EXIT DISCHARGE GRADE: The elevation of finished exterior surface of paved or unpaved ground at any exit discharge doorsill.

EXTENDED MEDICAL CARE FACILITIES: Those medical facilities designed to accommodate inpatients in need of recuperative periods requiring nursing attention and periodic medication.

FAMILY: Excepting domestic employees, any number of persons related by blood or marriage, or not to exceed five (5) persons not so related, using common cooking facilities and living and eating together on the premises as a single housekeeping unit.

FARM MARKET: Facility accessory to a working farm that sells products related to the subject farm.

FARMERS MARKET: A collection of vendors at a single location primarily selling agricultural products or value-added agricultural products to the general public.

FARMSTAND: A structure for the display and sale of food and agricultural products which are produced on the premises, with no space for customers within the structure itself. Farmstands shall not count toward the number of accessory structures permitted on a property.

FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include basement floor area, elevator shafts, and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off street parking or loading shall not be included in "floor area".

The "floor area" of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; i.e., ten feet (10') in height shall equal one floor.

FLOOR AREA (For Determining Off Street Parking And Loading Requirements): The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.

However, "floor area" for the purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space, or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (FAR): The floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned unit developments, by the net site area. The "floor area ratio" requirements, as set forth under certain zoning districts, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

FOWL: Birds belonging to one of two (2) biological orders, namely the gamefowl or landfowl (Galliformes) and the waterfowl (Anseriformes).

FREQUENCY: The number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONTAGE, BLOCK: The length of all the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the right-of-way line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

FRONTAGE, ZONING LOT: The width of all the property of such zoning lot fronting on a street, measured between side lot lines at the street right-of-way line.

GARAGE, STORAGE: A building or portion thereof designed or used exclusively for term storage, by prearrangement, of motor driven vehicles, as distinguished from daily storage, furnished transients, and at which motor fuels and oils are not sold, and motor driven vehicles are not equipped, repaired, hired, or sold.

GARAGES, PRIVATE: A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.

GARAGES, PUBLIC: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor driven vehicles. The term "repairing" shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles, unless expressly authorized.

GARBAGE: Putrescible animal or vegetable waste resulting from the handling, preparation, cooking, or consumption of foods.

GARBAGE DISPOSAL: Collected or community garbage disposal by covered burial or incineration within a fully enclosed building.

GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GROUND FLOOR: The lowest habitable level of a building, excluding the basement, regardless of its relation to the surrounding exterior grade.

GROUP HOME: A dwelling occupied by no more than eight (8) persons with a handicap as the word "handicap" is defined in the Federal Fair Housing Act as amended (42 USC 3602(h)).

GUEST, PERMANENT: A person who occupies or has the right to occupy a hotel or motel or apartment hotel accommodation as his domicile and place of permanent residence.

GUINEA FOWL (AGELASTES, NUMIDA, GUTTERA, ACRYLLIUM): An African bird related to pheasants and marked by a bare neck and head and slaty plumage speckled with white.

HEALTH AND RECREATION CLUB OR ASSOCIATION: An organization engaged in the business of providing for its members, services and facilities related to encouraging and promoting the health and well being of its members, by providing recreational facilities of swimming pool, tennis courts, handball and racquetball courts, and weight control facilities of sauna and steam baths, weightlifting equipment, exercise equipment, whirlpool and massage, and such other services and facilities consistent with and directly related to fostering the health and well being of its members. This shall not include the cultivation, processing, infusing, dispensing or transporting 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.

HELICOPTER: An aircraft that is supported in the air by one or more rotors revolving on a substantially vertical axis.

HELIPORT: Any area of land which is used or intended for use for the landing and taking off of helicopters and any appurtenant areas, including rights-of-way, which are used or intended for use for buildings or other facilities related to the operation, service and storage of helicopters on said area of land.

HOSPITAL OR SANATORIUM: An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases.

HOTEL OR MOTEL: An establishment consisting of a group of attached living or sleeping accommodations with individual bathrooms and designed for use by transients in contradistinction to a boarding, rooming, or lodging house.

INCIDENTAL BUILDING OR USE: See definition of Accessory Or Incidental Building Or Use.

INCOMPATIBLE USE: A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.

INDUSTRIAL PARK: A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

ITINERANT AIRCRAFT: "Aircraft", as defined in this section, en route between two (2) or more points but not based aircraft at a given facility.

JUNK (OR SALVAGE) YARD: Any place where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk or salvage yard" includes an auto wrecking yard (see definition in this section).

KENNEL: An establishment where household pets, such as dogs and cats, are bred, trained, boarded or groomed.

LIMITED ACCESS HIGHWAY: A public highway or street, including a toll highway, duly designated as a "freeway" pursuant to the provisions of the Illinois highway code.

LIVESTOCK: Domestic animals, such as horses, sheep, hogs or goats, raised for home use or for profit.

LODGING HOUSE (Including Boarding And Rooming House): A residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms which accommodate persons, not exceeding twenty (20) in number, who are not members of the keeper's family. Lodging with or without meals is provided for compensation.

LODGING ROOM (ROOMING UNIT): A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this ordinance.

LOT: A parcel of land which is either a "lot of record" or a "zoning lot".

LOT AREA, GROSS: The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).

LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

LOT, INTERIOR: A lot other than a corner or reversed corner lot.

LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line. In the case of land locked or partially land locked land, the front lot line shall be that lot line that faces the access to the lot.

LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of Kane County, or a parcel of land, the deed to which was recorded in the office of said county recorder.

LOT, REVERSED CORNER: A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

LOT, THROUGH: A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.

LOT WIDTH: The horizontal distance between the side lot lines of a lot, measured at the required setback line.

LOT, ZONING: A single tract of land located within a single block, which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

MARQUEE: A rooflike structure of a permanent nature which projects from the wall of a building.

MASSAGE PARLOR: An establishment or place primarily in the business of providing massage services, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

MEZZANINE: An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

MIGRANT LABOR CAMP: As defined in the Illinois migrant labor camp law, 210 Illinois Compiled Statutes 110/2, one or more buildings, structures together with the land appertaining thereto established, operated or maintained as living quarters for ten (10) or more migrant workers or four (4) or more families containing migrant workers who are engaged in agricultural activities.

MIGRANT WORKER: Any person who moves seasonally from one place to another, within or without the state, for the purpose of employment in agricultural activities.

MIXED USE: A building under one ownership which contains dwellings either located above the ground floor or to the rear of the building and permitted restricted business uses, per this chapter, located on the ground floor or to the front of the building.

MOBILE HOME: A dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for year round and permanent occupancy; except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, and connection to electrical, water, and sewer systems in a mobile home park.

MOBILE HOME PARK: A parcel or tract of land developed with facilities for locating mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath. It shall not include a sales lot in which automobiles or unoccupied mobile homes are parked for the purpose of inspection or sale. Mobile home parks shall comply with all Kane County ordinances.

MOTEL: See definition of Hotel Or Motel.

MOTOR FREIGHT TERMINAL: A building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted, and/or rerouted for local, intrastate, or interstate shipment by motor truck.

MUSEUM: A place or building in which works of artistic, historical or scientific value are cared for and exhibited.

NIGHTCLUB: An establishment serving food and/or liquor and providing music and space for dancing by patrons only. A nightclub shall not include an "adult business". This shall not include the cultivation, processing, infusing, dispensing or transporting 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.

NONCONFORMING BUILDING OR STRUCTURE: Any building or structure, lawful at the time of enactment of this ordinance, which:

   A.   Does not comply with all of the regulations of this ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

   B.   Is designed or intended for a nonconforming use.

NONCONFORMING USE: Any use of land, buildings, or structures, lawful at the time of the enactment of this ordinance, which does not comply with all of the regulations of this ordinance or of any amendment hereto governing use of the zoning districts in which such use is located.

NUDITY: The display of the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; female breast, at or below the areola thereof, with no covering or with a less than fully opaque covering; or, male genitalia, in a discernible turgid state, with or without covering.

NURSERY SCHOOL/PRESCHOOL/CHILDCARE CENTER: Any establishment which regularly provides supplemental parental care and supervision, and/or educational instruction for less than twenty four (24) hours per day to more than eight (8) children in a facility other than a single-family home. In addition, the establishment shall conform to all other licensing standards and requirements for daycare centers adopted by the state of Illinois.

NURSING AND CONVALESCENT HOME: A building and premises for the care of sick, infirm, aged, or injured persons to be housed; or a place of rest for those who are bedfast or need considerable nursing care, but not including hospitals, assisted living facilities or group homes.

OBSCENE 1 : Any material or performance is obscene if:

   A.   The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and

   B.   The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and

   C.   Taken as a whole, it lacks serious literary, artistic, political or scientific value.

OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ODOROUS MATTER: Any matter or material that yields an odor which is offensive in any way.

OPERATOR: Any person (whether said persons be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager), that conducts, maintains or owns any adult business.

OWNER/APPLICANT: The person, firm, corporation, company, limited liability corporation or other entity seeking county approval under this chapter, as well as its successor(s), assign(s) or transferee(s), for a wind energy turbine (WET). An owner/applicant must have the legal authority to represent and bind the landowner or lessee who will construct, own, and operate the WET. The duties and obligation regarding building permit approval for any approved WET shall be with the owner/applicant of the WET, and jointly and severally with the owner and operator or lessee of the WET if different than the owner/applicant.

PARKING SPACE: An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress. Such space shall be at least nine feet (9') in width and eighteen feet (18') in length and meet all other requirements of this ordinance.

PARTICIPATORY FARM: Working farm where customers pay to participate in the operation of the farm.

PARTICULATE MATTER: Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

PATIO: A paved ground area near the house.

PATRON: Any customer, patron or visitor to an adult business who is not employed by any operator of said establishment.

PEA-FOWL (PAVO CRISTATUS, PAVO MUTICUS, AFROPAVO CONGENSIS): The peacock or pea hen, large terrestrial pheasants.

PETS: Animals kept for amusement or companionship, such as dogs and cats.

PLANNED UNIT DEVELOPMENT: A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, and the environment of which is compatible with adjacent parcels; the developer or developers may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the county as a whole.

PORCH, OPEN: A covered platform at an entrance to a house which is not enclosed wholly or in part.

POULTRY: Domesticated birds or rabbits, or both, dead or alive, capable of being used for human food.

POULTRY FARM: Any tract of land on which poultry or poultry products are raised or produced for sale.

PRIVATE LANDING STRIP: Any area of land which is used or intended for use for landing and taking off of airplanes and any appurtenant land areas which are used or intended for use as housing for such airplanes or storage facilities connected therewith.

PROPERTY LINES: The lines bounding a "lot of record" or a zoning lot, as defined herein.

PUBLIC USE AIRPORT: An area of land which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas, including rights-of-way, which are used or intended for use for buildings or other facilities related to the operation, service and storage of aircraft on said area of land.

PUBLIC WAY: Any sidewalk, street, alley, highway, or other public thoroughfare.

RAP PARLOR: An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

RECREATIONAL CAMP: Any area of land where one or more tents, travel trailers, or other nonpermanent type shelters are erected or maintained primarily for recreational camping activities. It shall include all related buildings and facilities and may include not more than one permanent residence for manager or caretaker. Related buildings and facilities may include an office and delicatessen and/or grocery store to be operated during the camping season for patrons of camp only. Individual sites for tents, travel trailers, or other temporary shelters shall be not less than one thousand (1,000) square feet in area, not including any required roadways, walkways or screening.

RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but no facilities for the manufacture of products for sale.

RESERVOIR PARKING FACILITIES: Those off street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

RESTAURANT: A business establishment within which food is offered for sale and consumption within the structure on the premises, or, on the premises.

RESTAURANT, DRIVE-IN: See definition of drive-in and/or takeout establishment.

RESTAURANT, FARM-BASED: Restaurant accessory to a working farm in which the meals served primarily showcase products grown on-site or on parcels that are part of the subject farm.

RESTAURANT, TAKEOUT: See definition of drive-in and/or takeout establishment.

RESTRICTED LANDING FIELD: Any area of land which is used or intended for use for the landing and taking off of aircraft authorized in an A-1 District and any appurtenant areas, including rights-of-way, which are used or intended for use for buildings or other facilities related to the operation, service and storage of aircraft based on said area of land.

RINGELMANN CHART: A chart which is described in the U.S. Bureau of Mines information Circular 8333 and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke and smoke density.

RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of emission or the light obscuring capacity of the smoke.

ROADSIDE STAND: A structure for the display and sale of agricultural products, with no space for customers within the structure itself. This shall not include the cultivation, processing, infusing, dispensing or transporting 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.

ROOM: Synonymous with "booth", as defined in this section.

ROOMING UNIT: A term used in this ordinance to regulate residential density in boarding, lodging, and rooming houses. "Rooming unit" is synonymous with "lodging room".

ROOSTER: A male chicken.

RURAL RETREAT: An establishment that is part of a working farm that provides temporary overnight accommodations for individuals or groups engaged in supervised training or personal improvement activities. Examples include corporate retreat facilities, educational retreat facilities and working farm learning centers. Cafeterias not meeting the definition of Restaurant, Farm-Based and open only to retreat attendees are an allowed accessory use.

SADOMASOCHISTIC ACTIVITY: Flagellation or torture by or upon a nude person; a person clad in undergarments, a mask or bizarre costume. In addition, the condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator and/or the recipient.

SELL: Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.

SETBACK: The minimum distance, maintained between a street right of way and the nearest supporting member of any structure on the lot.

SEXUAL CONDUCT: Ultimate sex acts (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with a person's unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.

SIGN: A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building, which sign is not visible from outside the building.

SIGN, ADVERTISING, BILLBOARD: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at any location other than upon the premises where such sign is located or to which it is affixed. For the purpose of this definition, an advertising sign or billboard may be single faced, double faced or a V-type structure.

SIGN, BUSINESS: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.

SIGN DISPLAY AREA: The advertising display surface area (copy area) encompassed within any regular geometric figure which would enclose all parts of the sign. The structural support for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the advertising area.

SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance, any moving, illuminated sign shall be considered a "flashing sign".

SIGN, MONUMENT: An identification sign which is so designed and constructed as to complement the premises being identified. Ordinarily, the letters or numbers of such sign are engraved into or raised upon natural stone, heavy lumber, or masonry.

SIGN, OBSOLETE: Any sign which no longer correctly directs or exhorts any person or advertises a business, service, product, tenant, or activity no longer conducted, available, or in existence.

SIGN, POLITICAL: Any temporary sign which supports the candidacy of any candidate for public office or urges action on any other matter on the ballot of primary, general, or special elections.

SIGN, PROJECTING: A sign which extends more than six inches (6") from the face of the wall of the structure to which it is affixed.

SIGN, ROOF: A sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by said building.

SIGN, TEMPORARY OR SEASONAL: A temporary or seasonal sign shall include signs displayed in F District - Farming, only for the purpose of identifying activities or products associated with the farming operations during appropriate seasons of the year, to be removed at end of said season.

SIGN, WALL: Any flat sign which is placed against a building or other structure and attached thereto in such manner that only one side is visible.

SIGN, WINDOW: Any temporary sign affixed to the interior or exterior of a window, or any sign located inside a building within six feet (6') of the interior side of a window and displayed so as to attract the attention of persons outside the building. Merchandise which is included in a window display shall not be considered as part of a window sign.

SMALL STRUCTURE MOUNTED WIND ENERGY TURBINE (SSM-WET): A structure mounted wind energy system that converts wind energy into electricity through the use of equipment (wind turbine, a tower or post, and associated control or conversion electronics). SSM-WETs are attached to a structure's roof, walls, foundation, or another elevated surface. SSM-WETs have nameplate capacities that do not exceed ten kilowatts (10 kW) and are intended to primarily reduce on site consumption of utility power.

SMALL TOWER MOUNTED WIND ENERGY TURBINE (STM-WET): A tower mounted wind energy system that converts wind energy into electricity through the use of equipment (wind turbine, a tower, and associated control or conversion electronics). STM-WETs have nameplate capacities that do not exceed one hundred kilowatts (100 kW) and are intended to primarily reduce on site consumption of utility power.

SOLAR ACCESSORY: A solar-electric (photovoltaic) system primarily intended to reduce on-site consumption of utility power.

SOLAR UTILITY: A commercial solar-electric (photovoltaic) system that provides retail electric power (or a financial proxy for retail power) to off-site households, businesses or utilities, and including any ancillary equipment or infrastructure necessary for the distribution or storage of power generated on-site.

STABLE, BOARDING: A building or structure where horses are kept for remuneration but limited to not more than ten (10) horses and not including the sale of any products.

STABLE, PRIVATE: A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used, for housing horses for private use of occupants of the dwelling.

STABLE, PUBLIC: A building or structure where horses are kept for remuneration, hire or sale, and may include sale of riding equipment.

STORY: That part of a building between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is six feet (6') or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.

STREET: A public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building or structure, including any change in bearing walls, columns, beams, girders, and supports and frames of signs and billboards.

STRUCTURE: Anything erected, the use of which requires a location on or in the ground, or attached to something having a location on or in the ground, including advertising signs and billboards and supports and frames thereof.

TASTING ROOM: A facility in which alcoholic or non-alcoholic beverages produced from products grown on-site, or on parcels that are part of the subject farm, may be tasted and sold.

TELEPHONE BOOTH: A small, enclosed structure usually accommodating a single person and equipped with a telephone for use by the public.

TELEPHONE, PEDESTAL MOUNTED: A small, semi-enclosed structure mounted on a pedestal type support and containing a telephone for use by the public.

TOURIST COURT AND MOTOR LODGE: A group of detached buildings containing individual sleeping or living units, including bathrooms, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges, or other similar type facilities, provided that there is allotted to each living unit not less than one thousand two hundred (1,200) square feet of lot area not including driveway and service areas.

TOWER HEIGHT: The vertical distance as measured from the ground level of the base of an STM-WET tower to the uppermost vertical extension of a rotor blade, or the maximum height reached by any part of an STM-WET.

TOWNHOUSE: A multiple-family dwelling which is normally two (2) but can be one to three (3) stories in height, usually with the living room, dining room, and kitchen on the ground floor, with sleeping rooms on the upper floor(s). Townhouses provide flexibility by allowing several single-family dwelling units with additional living space in the basement to be constructed in one structure around a street or court. This type of construction provides low lot coverage with open space and landscaping.

TRAILER COACH: See definition of mobile home.

TRAILER PARK: See definition of mobile home park.

TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses. A "travel trailer" shall include the following: self-contained travel trailer, pickup coach, motorized home and camping trailer.

TRUCKS: For the purpose of this ordinance, a truck will be any vehicle that exceeds the standards of the State of Illinois licensure classification of "B", which is a second division vehicle weighing up to eight thousand (8,000) pounds.

UNDERAGE 2 : Any person under eighteen (18) years of age, the legal minimum age at which one can purchase or view adults only items.

USE: The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

USE, INTERIM FOR DISPENSING OF CONTROLLED SUBSTANCES LICENSED BY THE STATE OF ILLINOIS: An interim use that may be granted on zoning lots in the RB, B1, and B3 Districts specifically for the dispensing of controlled substances licensed by the State of Illinois. An "interim special use" may be granted for only a limited period of time, not to exceed five (5) years.

USE, INTERIM SPECIAL: A special use that may be granted on zoning lots in the F and F2 Districts which might remain unused or unoccupied by uses otherwise permitted in the district. An "interim special use" may be granted for only a limited period of time, not to exceed five (5) years.

USE, PERMITTED: A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "special".

USE, SPECIAL: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special use" may or may not be granted, subject to the terms of this ordinance.

VIBRATION: The periodic motion of particles or elastic body.

VIBRATION FREQUENCY: The number of oscillations per second of a vibration.

WALL SIGN: See definition of sign, wall.

YARD: An unoccupied open space on the same zoning lot with a building or structure. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

YARD, CORNER SIDE: A side yard which adjoins a public street.

YARD, FRONT: A yard extending along the full length of the front lot line between the side lot lines.

YARD, INTERIOR SIDE: A yard which is located immediately adjacent to another recorded or zoning lot or to an alley separating such side yard from another lot.

YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.

YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard.

YARD, TRANSITIONAL: That yard which must be provided on a zoning lot in a Commercial District which adjoins a zoning lot in a Residential District, or that yard which must be provided on a zoning lot in an Industrial District which adjoins a zoning lot in either a Residential or Commercial District.

ZONING ENFORCING OFFICER: The officer designated by the County Board as the officer responsible for enforcing and administering the requirements of this zoning ordinance. (Ord. 78-79, § 1, 6-13-1978; Ord. 80-37, § 2, 3-13-1980; Ord. 82-66, 5-11-1982; Ord. 83-15, 1-11-1983; Ord. 88-62, 5-10-1988; Ord. 90-176, 8-14-1990; Ord. 92-187, 9-8-1992; Ord. 97-46, 2-11-1997; Ord. 97-240, 9-9-1997; Ord. 98-45, 4-14-1998; Ord. 02-81, 3-12-2002; Ord. 08-07, 1-8-2008; Ord. 10-140, 5-11-2010; Ord. 14-200, 7-8-2014; Ord. 17-189, 7-11-2017, eff. 7-11-2017; Ord. 18-460, 12-11-2018, eff. retroactive to 11-13-2018; Ord. 19-421, 12-10-2019; Ord. 20-03, 1-14-2020; Ord. 21-224, 4-13-2021; Ord. 22-355, 10-11-2022)