For the purpose of this chapter, all the land in Kane County lying outside the limits of cities, villages and incorporated towns is hereby divided and classified into the following districts.

!!! F district - farming

F1 district - rural residential

F2 district - agricultural related sales, service, processing, research, warehouse and marketing

!!! E1 district - estate

E2 district - estate

E2-A district - estate

E3 district - estate

R1 district - one-family residential

R2 district - one-family residential

R3 district - one-family residential

R4 district - one-family residential

R5 district - two-family residential

R6 district - two-family residential

R7 district - two-family residential

R8 district - two-family residential

R9 district - multiple-family

!!! RB district - restricted business

B1 district - business

B2 district - business

B3 district - business

B4 district - business

B5 district - business

B6 district - business

!!! LI district - light industry

I district - industry

!!! PUD district - planned unit development

!!! A-1 airport district - restricted landing field

A-2 airport district - public use airport

(Ord. 79-229, § 4, 12-11-1979; Ord. 80-37, § 5, 3-13-1980; Ord. 82-66, 5-11-1982)

Such land and the classification thereof shall be as shown on maps designated the "zoning maps of Kane County, Illinois". These maps shall be filed as part of the ordinance codified herein in both digitized electronic and printed copy format with the county "clerk" on September 10, 2003. The maps are ordered by township and section number. These zoning maps, and all notations, colors, dimensions, references and symbols shown thereon, pertaining to such districts, shall be as much a part of this chapter as if fully described herein. Such maps, or other copies thereof or showing the districts or other classifications created and approved as amended from time to time as provided in this chapter, shall be available for public reference in the office of the clerk and the county zoning enforcing officer and shall be annually updated and filed at the clerk's office. The maps shall be maintained in digitized electronic format in the office of the county zoning enforcing officer. Any ordinance granting a map amendment shall be similarly signed, dated, filed and made available for public reference. (Ord. 03-277, 9-9-2003)

Any addition to the area regulated by this article as shown on the zoning maps, resulting from disconnection by municipalities or otherwise, shall be automatically placed in the F district - farming until otherwise classified by amendment. Within these districts, no building, structure or land shall be used, nor shall any building or structure be erected, moved, enlarged, or the structural members thereof be altered for any use other than those as permitted in such F district - farming and in conformance with the other provisions of this article. Any use customarily incidental or accessory to a permitted use is also permitted unless otherwise restricted or prohibited.

If any territory is disconnected from a municipality pursuant to the provisions of section 7-3-1, 7-3-4 or 7-3-6 of the Illinois municipal code, as amended, 65 Illinois Compiled Statutes 5/7-3-1, 7-3-4 and 7-3-6, or is included within the boundaries of a municipality which has been dissolved pursuant to division 6 of article 7 of the Illinois municipal code, as amended, 65 Illinois Compiled Statutes 5/7-6-1 et seq., then upon the entry of a final order of disconnection or dissolution, or passage of an ordinance of disconnection, as the case may be, such territory shall be zoned and the zoning map of the county shall be amended to reflect the zoning classification, including as applicable, any special uses that applied to the disconnected territory or to the territory of the dissolved municipality immediately prior to the disconnection or dissolution, unless the county zoning classification or special uses applicable immediately prior to the incorporation are more restrictive than the municipally approved land use, in which case the more restrictive provision shall apply. Such zoning shall not preclude any party from applying for any further zoning relief or amendment subject to the other provisions of this chapter. This amendatory ordinance shall apply to any property disconnected after December 1, 2007, and to any property incorporated into a municipality which is dissolved subsequent to July 1, 2008. (Ord. 79-229, § 6, 12-11-1979; Ord. 08-07, 1-8-2008; Ord. 08-251, 8-12-2008)

When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning maps, the following rule shall apply:

District boundary lines are either the centerlines of railroads, highways, streets, alleys, or boundary lines of sections, quarter sections, tracts or lots or such lines extended unless otherwise indicated.

The restrictions applying to all uses in all districts are as follows.

No part of a main building or structure in any district shall be located nearer than ten feet (10') to an adjoining property line, or zone line, except as follows:

   A.   In the case of a lot or lots with a total of fifty feet (50') or less in width, officially on record at the time of the passage of the ordinance codified herein or subsequently officially approved by the development committee of the county board of Kane County, Illinois, in common ownership and located in an R or F district, the minimum width of yard shall be five feet (5').

   B.   In the case of a lot or lots with a total of fifty feet (50') or less in width, officially on record at the time of the passage of this ordinance or subsequently officially approved by the development committee of the county board of Kane County, Illinois, in common ownership and located in a B1, B2, B3, B4, B5, B6, or I district, no side yard is required.

   C.   Within seventy five feet (75') of the front property line of all lots and/or lands, in any district, the minimum width of yard of all buildings shall be the same as that provided for the main building. On that portion of all lots and/or lands lying not less than seventy five feet (75') from the front property line of said lots or lands, the minimum width of yard of accessory buildings shall be not less than three feet (3'). The minimum distance between a main building and such accessory building shall be not less than five feet (5').

   D.   In business or industrial districts adjacent to railroad rights of way, the yard widths for loading platforms only shall conform to the clearances for such platforms as established by public regulatory agencies.

   E.   Pumping stations and other utility structures may be constructed on recorded plat easements for that purpose, provided a side yard of not less than three feet (3') is allowed from said structure to the easement lines and provided any structure constructed on any lot immediately adjoining such easement shall be not less than three feet (3') from such easement boundary lines. Provided, further, that this provision shall not be in conflict with subsection C of this section, with regard to property lines other than those contained in the recorded easement area.

The minimum yard space required for one building or structure shall not again be considered as yard space for another adjoining building or structure. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established for the district in which such building is located.

Except as provided in subsections A through G of this section, no building, structure (other than fences and walls), sign or billboard, shall be erected, structurally altered or placed so any part thereof, disregarding steps and unroofed porches, is nearer than thirty five feet (35') to the road right of way line; provided, however, that if forty percent (40%) or more of the frontage on the same side of the street between two (2) intersecting streets in recorded subdivisions containing three (3) or more lots is improved with buildings that have observed a front setback of greater or less distance from the existing or proposed road right of way line, and the variation of depth setback of such buildings is not more than fifteen feet (15'), then the average of the front setbacks of such buildings shall establish the front setback depth for the entire frontage. In no case, however, shall a front setback of more than fifty feet (50') be required.

Provided, further, that buildings existing at the time of this amendatory ordinance and which may have a setback depth of less than thirty five feet (35'), but which do have a setback depth of twenty feet (20') or more, and buildings which may hereafter be erected or placed in such a manner as to comply with an established average setback depth of less than thirty five feet (35'), but which setback depth is twenty feet (20') or more may have such alterations or additions made thereto as will not have a setback depth of less than that of the building to which alterations or additions may be made.

Exceptions:

   A.   Advertising signs and billboards, when attached to a building, which said building is located at less than the required minimum distance from the right of way line of any public street or highway, and only connected with products sold in the business then being conducted on the premises, may be permitted at not less than the distance of said building from the right of way line of any public street or highway.

   B.   Along all full access controlled highways, the minimum setback for advertising signs and billboards not connected with products sold in the business then being conducted on the premises and not advertising for sale the premises upon which they are displayed, shall be three hundred feet (300') from the right of way line except as provided in subsection A of this section.

   C.   A canopy of awning not supported from the ground by posts or pillars set at any distance from a building proper and not projecting over four feet (4') from building proper may be permitted, provided such canopy or awning does not come closer than three feet (3') from any adjoining property line, or closer than twenty feet (20') from any adjoining public or private street or highway right of way line.

   D.   Telephone booths as provided for in estate districts and the residential districts.

   E.   In LI district, the setback from right of way line shall be fifty feet (50').

   F.   Light poles and standards for the lighting of the business areas, such as gasoline service stations and parking lots may be placed immediately outside the right of way line, providing no portion of said pole or standard or any bracket or any part attached thereto extends over the right of way line, and providing that the lights so supported are directed on to the business area and not toward the road or neighboring property in such fashion as would constitute a nuisance or a traffic hazard and provided the requirements of section 25-14-1-6 of this chapter are met.

   G.   Along all limited access roads, the setback of all buildings and structures shall be not less than fifty feet (50') from the existing or proposed road or street right of way line, except public informational sign permitted under subsection 25-8-1-1Q of this chapter, shall be not less than five feet (5') from existing road or street right of way line.

In the case of a corner lot officially on record at the time of passage of this ordinance, or subsequently officially approved by the development committee of the county board of Kane County, Illinois, this requirement shall not reduce the building area to less than twenty five feet (25') by eighty feet (80'), except that the minimum setback from the property lines of said lot, adjoining any public or private street or highway or right of way, shall in no case be less than the side yard for said lot, as provided in section 25-7-5-1 of this chapter.

Within one hundred feet (100') of the centerline of any intersecting road, street or railroad at grade, no fence or hedge which cannot be viewed through or over from a three foot (3') height above the traveled roadway shall be constructed, planted or allowed to grow nearer to the road or street centerline than the dimensions set forth in section 25-7-5-2 of this chapter.

No fence equipped with or having barbed wire, spikes or any similar device, or any electrically charged fence, sufficient to cause shock, shall be erected, placed or maintained on or within any lot used for residential purposes. (Ord. 78-79, § 6, 6-13-1978; Ord. 82-66, 5-11-1982; Ord. 88-62, 5-10-1988; Ord. 93-338, 12-14-1993; Ord. 02-81, 3-12-2002)