In the F District, the following uses are permitted:

   A.   The uses as permitted in the R1 District except for subsections 25-9-5-1A and P of this chapter. However single- family residential uses are permitted provided:

      1.   The one-family residential use was an existing residential structure on December 11, 1979; provided, that the size of the zoning lot may not be reduced after December 11, 1979, unless done in compliance with this ordinance;

      2.   The land on which the one-family residential use is proposed is a parcel of land recorded with the County Recorder of Deeds prior to December 11, 1979, whether the recording is by a deed or deeds, or by a contract to purchase or memorandum of purchase on which there is a detailed legal description; provided the parcel contains a minimum of twenty thousand (20,000) square feet and is at least seventy five feet (75') in width; provided further that all other zoning, wastewater disposal and building ordinance requirements are complied with;

      3.   The residence is located on a parcel of not less than fifteen (15) acres in area which parcel has been recorded with the Kane County Recorder between December 11, 1979, and twelve o'clock (12:00) noon (CDT), September 8, 1992; or

      4.   The residence is located on a parcel of not less than forty (40) acres in an area recorded with the Kane County Recorder and with two hundred fifty feet (250') of frontage on a public right- of-way and the principal use of said zoning lot is "agricultural" as defined in this ordinance.

   B.   Agriculture as defined herein (see article III of this chapter), except that neither animals nor poultry may be housed, stabled, kenneled or yarded closer than one hundred feet (100') from any residence other than that of the owner or user of the property. Roosters, pea-fowl and guinea fowl may not be kept on properties less than five (5) acres in size. Sale of seed shall also be permitted.

   C.   Carnivals and circuses (temporary) operating not longer than ten (10) days, and not including the sale of beer or alcoholic liquors.

   D.   Hunting, fishing, fish and game preserves.

   E.   Governmental and judicial centers.

   F.   Picnic grounds, groves and temporary refreshment and amusement stands.

   G.   Farmstand stand (one portable) primarily for the display and sale of only food and agriculture products which are produced on the premises, provided: that the use be established with the County, that the structure meet setback requirements, and that any required permits be issued.

      1.   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.

      2.   Agritourism, Limited, as defined herein, on lots not less than two (2) acres, provided that adequate parking space be provided for the motor vehicles of customers off the highway right of way.

   H.   Pigeon lofts and poultry farms as herein defined on tracts of land five (5) acres or greater in size.

   I.   Pipelines, electric substations, or transformer stations, telephone repeater stations and automatic exchanges, radio stations and towers, etc. (see sections 25-5-4-3 and 25-5-4-5 of this chapter) but shall not include electrical generation plants, "peaker" plants, and ancillary transmission and distribution facilities and solar utility as defined herein (see definition in article III of this chapter).

   J.   Sign, one, not larger than twenty (20) square feet in area, pertaining to the sale, lease, or identification of the premises upon which it is located or the sale of farm products produced thereon.

   K.   Sign, one, temporary and seasonal, not larger than two (2) square feet, which directs attention to and identifies different varieties of seeds and plants used in the production of food for animal and human use or identifies special conservation practices. Such sign must conform to established setback provisions and may only be displayed during the period between June 1 and December 1 of any given year.

   L.   Stables, boarding, as defined herein.

   M.   Stables, private, as defined herein.

   N.   Truck gardening, nurseries, greenhouses, mushroom barns and apiaries.

   O.   Waterways and such hydraulic power plants and terminals as may be erected by the County, State or Federal government or public utilities for the use of the public.

   P.   Weighing stations operated by the State of Illinois.

   Q.   Forest preserve uses and activities at the Kane County Events Center, located at the corner of Kirk Road and Cherry Lane in Geneva Township, Illinois, related to educational, cultural, recreational, and sporting events, including public informational signs accessory to the use, provided said informational signs are not more than one hundred fifty (150) square feet in display area per side and thirty feet (30') in height and are located on public property owned by the Forest Preserve District of Kane County. Furthermore, the size and setback of the public informational signs shall be reviewed by the Kane County Division of Transportation and a determination made that said signs do not interfere with any anticipated public highway improvements and do not create a hazard to public highway safety.

   R.   Portable concrete plants, only for Kane County public road improvement projects, and approved by the Kane County Board, located on or immediately adjacent to the County public road right-of-way, and for a specified time period not to exceed one hundred eighty (180) days.

   S.   Country clubs, provided the country club use was existing prior to March 9, 1976.

   T.   Migrant labor camps as defined in section 25-3-1 of this chapter and that are licensed by the State of Illinois Department of Public Health and comply with the Migrant Labor Camp Code, 77 Illinois Administrative Code 935, and have established use with the Kane County Development Department in accordance with section 25-4-3 of this chapter. The residence must comply with subsection A of this section.

   U.   Identification signs, deemed by the Kane County Board to be of interest to the general public, of an area not to exceed six (6) square feet at the property line, which identify farmland that has been preserved through the Agricultural Conservation Easement Program. The location at the property line of these signs shall be reviewed by the Kane County Division of Transportation and a determination made that said signs do not interfere with any anticipated public highway improvements and do not create a hazard to public highway safety. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021; Ord. 22-355, 10-11-2022)

   A.   Special uses allowed in the R1 District are allowed in the F District.

   B.   Private landing strips, as defined herein, subject to the following restrictions:

      1.   Shall be located and be of such area, runway length and design as prescribed by the Illinois Department of Transportation, Division of Aeronautics and the provisions of section 25-5-13 of this chapter;

      2.   Shall be used in connection with a use permitted in this district;

      3.   Shall base no more than two (2) airplanes; and

      4.   Shall not be used by "itinerant aircraft" as defined herein except in cases of emergency.

   C.   Asphalt plants, provided the principal ingredient is gravel mined on the premises where the plant is located, and operated from an active, licensed mining operation. Upon the exhaustion of the substance being mined for the aggregate, all mixing apparatus and equipment and other buildings and structures accessory thereto shall be removed from the premises.

   D.   Bins, warehouses and other facilities for the storage of surplus grain by the federal government, or any of its duly designated agencies.

   E.   Boat marinas and boat liveries, as herein defined.

E.5. Burial grounds, private, for family members only. This is the only district in which this use shall be permitted.

   F.   Cemeteries for human beings, including therein mausoleums and/or crematory.

   G.   Commercial swimming pools and beaches.

   H.   Commercial tennis courts.

H.5. Commercial TV and radio towers.

   I.   Country clubs.

   J.   Fairgrounds.

   K.   "Garbage disposal", as defined herein, shall be conducted in accordance with the Kane County sanitary landfill control ordinance and in accordance with all other applicable ordinances and resolutions of the county of Kane.

   L.   Golf courses, public, semipublic and private, including ancillary uses normally provided, such as restaurants, including the sale and consumption of alcoholic beverages, pro shops, swimming pools and tennis courts, but not including continually operating driving ranges or miniature golf courses.

   M.   Government military reservations.

   N.   Health and recreation clubs, as defined herein, and provided that a detailed plat of the proposed club and all proposed improvements shall be submitted to the zoning board for approval or amendment at the public hearing. Such plat, when approved by the county board, shall become a part of this ordinance and development of the site shall be in strict accordance with said plat.

   O.   Kennels, as defined herein.

   P.   Mining of topsoil, earth, clay, gravel, peat, sand and stone, and structures incidental to loading the same, also processing, screening and washing yards and plants of a quasi-temporary nature which are commonly removed when the available deposits are worked out, but not including plants, building and yards for the manufacture of clay or concrete products. If such mining operations are conducted upon a lot, piece, parcel or tract of land by the owner thereof for the purpose of improving said lot, piece, parcel or tract of land, and the owner thereof shall file with and to the satisfaction of the enforcing officer his affidavit that the foregoing conditions are applicable, such mining operations may be conducted without a hearing before the zoning board, without approval from the county board, provided the area involved does not exceed two (2) acres. Restrictions relative to the mining of topsoil, earth, clay, gravel, peat, sand, and stone set forth in article XV of this chapter and the Kane County soil erosion and sediment control ordinance are applicable to all mining operations.

   Q.   Monasteries, nunneries, religious retreats, nursing and convalescent homes, assisted living facilities, boarding schools and orphanages.

   R.   Penal institutions.

   S.   Pet cemeteries and crematory facilities for animals.

   T.   Polo fields.

   U.   Pony riding tracks.

   V.   Practice pistol and rifle ranges, skeet or trapshooting.

   W.   Recreational camps, as defined herein, and provided that a detailed plat of the proposed camp and all proposed improvements shall be submitted to the zoning board for approval or amendment at the public hearing. Such plat, when approved by the county board, shall become a part of this ordinance and development of the site shall be in strict accordance with said plat.

   X.   Repair of farm machinery and sales of feed and seed; provided, that these activities are accessory to the primary activity of farming, but not including sales of farm machinery.

   Y.   Sawmill operations.

   Z.   Sewage treatment works, publicly and/or privately owned.

   AA.   Stables, public, as defined herein.

   BB.   The sale and/or consumption of alcoholic beverages in conjunction with a permitted use or another special use.

   CC.   In order to utilize land, lots, buildings or structures, which might remain unused or unoccupied by uses otherwise permitted in this district, an "interim special use" may be established in accordance with the requirements set forth in section 25-4-8 of this chapter. In addition to the standards set forth in subsections 25-4-8-2A through F of this chapter, the interim special use must be compatible with the character and intensity of other structures and uses permitted in this district. In its recommendation to the County Board, in addition to the standards set forth in subsections 25-4-8-2A through F of this chapter, the Zoning Board of Appeals shall also find that the proposed interim special use would be compatible with other uses permitted in this district. An interim special use shall be authorized for a limited period of time only, not to exceed five (5) years.

   DD.   Other uses similar to those permitted herein as special uses.

   EE.   In submitting a petition for any of the above special uses, a detailed plat of all improvements shall be submitted to the Zoning Board of Appeals for approval or amendment at the public hearing. Such plat, when approved by the County Board, shall become a part of this ordinance and development of the site shall be in accordance with said plat.

   FF.   Minor variations in the development of the approved plat may be authorized by the Development Committee.

   GG.   Farmstand stand (one) for the display and sale of a minimum of one (1) product which is produced on the premises, plus, a maximum of ten (10) farm food and agriculture products not grown on the site, subject to the following restrictions:

      1.   Such permit shall require compliance with subsection 25-8-1-1G of this section 25-8-1.

      2.   At the time the establishment of use permit is applied for, the applicant shall submit a plot plan and sketch portraying an open air structure, in detail, showing the construction of said structure for approval for the display and retail sale of the farm products.

      3.   The application for such permit shall list the types of produce to be sold, or offered for sale, which are grown or are to be grown on said parcel and shall also list the types of produce proposed to be imported for sale.

      4.   Such special use, when granted, shall apply only to the original applicant.

      5.   Tasting or sampling shall be allowed with permission from the Kane County Health Department.

      6.   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.

   HH.   Concrete mixing plants, provided the principal ingredient is gravel mined on the premises where the plant is located, and operated from an active, licensed mining operation. Upon the exhaustion of the substance being mined for the aggregate, all mixing apparatus and equipment and other buildings and structures accessory thereto shall be removed from the premises.

   II.   Solar utility, as defined herein.

   JJ.   Adult-use cannabis craft growers and cultivation centers. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021; Ord. 22-355, 10-11-2022)

Uses prohibited in the R1 District are prohibited in the F District, except solar utility as defined herein (see definition in article III of this chapter), which is a special use. (Ord. 78-79, § 9, 6-13-1978; Ord. 79-229, §§ 7, 9, 12-11-1979; Ord. 80-37, §§ 6, 7, 3-13-1980; Ord. 82-66, 5-11-1982; Ord. 92-187, 9-8-1992; Ord. 92-214, 10-13-1992; Ord. 93-338, 12-14-1993; Ord. 94-79, 4-12-1994; Ord. 97-240, 9-9-1997; Ord. 02-81, 3-12-2002; Ord. 07-299, 9-11-2007; 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)

The Kane County Board has established and adopted as a long range goal, the preservation of prime agricultural land and has implemented this long range goal through the adoption of a Comprehensive Plan and a zoning ordinance. However, the County Board is aware that some of the land indicated as agriculture in the Comprehensive Plan and zoned for agriculture will not be utilized as such because of soil productivity, vegetation, topography, manmade barriers, etc. The Rural Residential District is intended only for single-family residences and only for those areas indicated in the Comprehensive Plan for agriculture and for those areas therein shown to be unsuitable for such use.

The following uses are permitted:

   A.   Agricultural uses, as defined herein. Neither animals nor poultry may be housed, stabled, or yarded closer than one hundred feet (100') from any residence other than that of the owner or user of the property; roosters, pea-fowl and guinea fowl may not be kept on properties less than five (5) acres in size.

   B.   One-family dwellings.

   C.   Accessory uses to one-family dwellings.

   D.   Signs permitted and as regulated in subsection 25-9-5-1B of this chapter.

   E.   Farmstand (one portable) primarily for the display and sale of agriculture or food products which are produced on the premises, provided that the use be established with the County, that the structure meet setback requirements, and that any required permits be issued. (Ord. 22-355, 10-11-2022)

The Zoning Board of Appeals shall not recommend a rezoning to this zone district classification unless the applicant shall present clear and convincing evidence to the Zoning Board of Appeals that the property sought to be rezoned is not suitable for agricultural use.

The Zoning Board of Appeals in determining suitability of property for agricultural use shall make findings of fact with respect to the following:

   A.   Existence of nonprime farmland based on the Kane County soil survey and the important farmlands map, prepared by the U.S. Department of Agriculture, Soil Conservation Service and other applicable sources;

   B.   Topography;

   C.   Manmade and physical features which may serve as barriers;

   D.   Vegetative cover;

   E.   Parcel size;

   F.   Adjacent land uses.

Every one-family detached dwelling hereafter erected shall be located on a tract of land having an area of not less than one acre nor more than forty (40) acres. The exact amount of acreage for each lot shall be determined in each individual case by the County Board after receipt of recommendations from the Zoning Board of Appeals. In determining the specific lot size to be required, the County Board and the Zoning Board of Appeals shall take into consideration (and the Zoning Board of Appeals shall make findings of fact with respect thereto) the following factors in each individual case:

   A.   Existing topography and proposed topographical changes;

   B.   Suitability of the subject property for subsurface sanitary disposal system;

   C.   Soil types and soil characteristics;

   D.   Existing conditions and proposed changes with respect to drainage of surface and subsurface waters;

   E.   Existing and proposed vegetation and ground cover;

   F.   Suitability of access, traffic conditions and congestion;

   G.   Diminishing property values in the area or injury to the use and enjoyment of other property;

   H.   Such other conditions and factors as to the Zoning Board of Appeals and the County Board shall appear relevant in each individual case.

Excessive depth in relation to width shall be avoided. A proportion of two and one-half to one (21/2:1) shall normally be considered as a desirable maximum for lot widths of one hundred feet (100') or more. Side lot lines shall be substantially at right angles or radial to street lines.

Uses prohibited in the R1 District are prohibited in the F1 District. (Ord. 82-66, 5-11-1982; Ord. 97-240, 9-9-1997; Ord. 02-81, 3-12-2002; Ord. 17-189, 7-11-2017, eff. 7-11-2017)

The purpose and intent of this district is to provide for the proper location and regulation of agriculturally related sales, services, processing, research, warehousing and marketing activities and other related uses that are dependent upon, or closely allied to, the agricultural industry.

Any use established in the F2 District hereafter shall be operated in such a manner as to comply with the applicable performance standards as set forth in section 25-11-1-5 of this chapter. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021)

All uses in this district are special uses and must be approved in accordance with procedures and requirements of section 25-4-8, "Special Uses", of this chapter. (Ord. 21-224, 4-13-2021)

The following special uses may be allowed in the F2 District:

   A.   Agriculturally related research and facilities;

   B.   Contract sorting and grading services for grains, fruits, vegetables and other agricultural products;

   C.   Shelling, drying, baling and threshing of agricultural crops;

   D.   Horticultural services;

   E.   Preparation of feeds for animals and fowl;

   F.   Livestock sales facilities, including auctions;

   G.   Grain elevators and bulk storage of feed grains;

   H.   Fertilizer production, sales, storage, mixing and distribution;

   I.   Repair of farm machinery, implements and related farming equipment;

   J.    Adult-use cannabis craft growers, cultivation centers, infusers, and processors.

   K.   Adult-use cannabis transporters, if in combination with a craft grower, cultivation center, infuser and/or processor.

   L.   In order to utilize land, lots, buildings or structures, which might remain unused or unoccupied by uses otherwise permitted in this district, an "interim special use" may be established in accordance with the requirements set forth in section 25-4-8 of this chapter. In addition to the standards set forth in subsections 25-4-8-2A through F of this chapter, the interim special must be compatible with the character and intensity of other structures and uses permitted in this district. In its recommendation to the County Board, in addition to the standards set forth in subsections 25-4-8-2A through F of this chapter, the Zoning Board of Appeals shall also find that the proposed interim special use would be compatible with other uses permitted in this district. An interim special use shall be authorized for a limited period of time only, not to exceed five (5) years;

   M.   Interim use for a limited period of not more than five (5) years specifically for the cultivation of controlled substances licensed by the State of Illinois.

   N.   Agritourism, Intensive, as defined herein. (Ord. 19-421, 12-10-2019; Ord. 21-224, 4-13-2021; Ord. 22-355, 10-11-2022)

Residences and apartments are prohibited, except those required for watchman or attendant whose continual presence on the premises is necessary. In this connection, trailers or mobile homes shall not be permitted. (Ord. 14-200, 7-8-2014)