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Kane County Unincorporated
City Zoning Code

ARTICLE IX

RESIDENTIAL DISTRICTS

25-9-1-1: PERMITTED USES:

In the E1 district, the following uses are permitted:
   A.   Single-family residence, each one on a building lot or tract of not less than two hundred fifty feet (250') of width at the recorded setback line and four (4) acres in area not including any portion of any public or private highway, street or alley.
   B.   Churches.
   C.   Public and private parks, playgrounds and forest preserves, excluding commercial enterprises therein, provided that the zoning board of appeals may, upon written application made therefor, grant temporary seasonal permits, terminable by said zoning board at such time or times as may be determined by it, for the selling and dispensing of food, refreshments and nonalcoholic beverages in certain designated areas, and as shall be compatible with the general purposes of the classification of this district. No right or privilege to continue the selling or dispensing of any such products beyond the period of time designated by the Zoning Board or beyond the time when such right or privilege is terminated by it shall accrue by reason of the issuance of any such permit.
   D.   Public and community waterworks, police stations and fire stations.
   E.   Public and private nursery schools, grade schools and high schools incorporated and operated not for profit.
   F.   Storage of gasoline for private, domestic use, in underground tanks, installation approved by the State Fire Marshal, provided said storage tank is:
      1.   Not less than twenty five feet (25') from side and rear lot lines, the setback to meet requirements as provided in section 25-7-5-2 of this chapter;
      2.   Not less than twenty five feet (25') from any well;
      3.   Not less than twenty five feet (25') from any septic system; and
      4.   Not less than ten feet (10') from any building, and, further, provided that the location of any pump used in connection therewith be in accordance with the above requirements.
   G.   Agriculture, which in this district shall mean the cultivation of the soil principally for the production of food products, but shall not include the following:
      1.   The feeding or other disposal of community or collected garbage.
      2.   The raising or dealing in poultry, or any animals for business or commercial purposes, except as incidental to a bona fide general farming operation. Said animals or poultry shall not 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 property less than five (5) acres in size.
   H.   One sign not over six (6) square feet in area pertaining only to the sale, lease or identification of the premises upon which it is displayed, which may be illuminated by such lighting as, in the opinion of the enforcing officer, shall not constitute a traffic hazard, or a nuisance to neighboring property, except that a single temporary sign, not over three (3) square feet in area, advertising the premises upon which it is displayed, for sale or lease, may be permitted without a permit and must be removed when the premises are sold or leased. One sign for the purpose of identifying the premises upon which it is displayed or the occupants thereof, located outside the public right-of-way, may be erected or installed without a permit, and such signs shall conform to the following size limitations:
      1.   Upon premises having two hundred feet (200') or less of frontage on the public right-of-way, a sign not more than one square foot in area; and
      2.   Upon premises having more than two hundred feet (200') of frontage on the public right-of-way, a sign not more than three (3) square feet in area.
   I.   Telephone booths and pedestal mounted phones for use by the public. Said booths or pedestal mounted phones may be permitted at less than the required distance from the right-of-way line of public or private right-of-way as provided in section 25-7-5-2 of this chapter; provided, however, that if such booth or pedestal mounted phone is installed near an intersection of two (2) streets or rights-of-way, the minimum setback from one of such intersecting right-of-way lines shall be twenty feet (20'), and provided also that no part of any such booth or pedestal mounted phone shall be permitted on any such right-of-way, unless approved by the proper highway authority.
   J.   Dogs and cats, as pets, are permitted, but not more than three (3) of each over four (4) months of age, in any dwelling unit.
   K.   Filling and leveling of holes, pits and low land requiring not more than five hundred (500) cubic yards of fill, with nonodorous and noncombustible material, free from any garbage and food wastes and in compliance with the Kane County erosion and sedimentation control ordinance.
   L.   Waiting stations for bus passengers. Said stations may be permitted at less than required setback distance from centerline of public or private right-of-way as provided in section 25-7-5-2 of this chapter; provided, however, that if such station is constructed near an intersection of two (2) streets or rights-of- way, the required setback as set forth in said section 25-7-5-2 of this chapter shall be observed from one of such intersecting streets or rights-of-way, and provided also that no part of any such station shall be permitted on any such right-of-way, except a railroad right-of-way in use by a railroad. Upon discontinuance of the use of any such structure as a waiting station for bus passengers, such structure must be removed within thirty (30) days from such discontinuance.
   M.   In connection with subdivision developments, a single temporary office building and off street parking area shall be permitted on such development for a period not to exceed six (6) years. In this connection, a single sign or double faced sign on a common support or structure, not exceeding one hundred (100) square feet in area for each sign face, shall be permitted on the premises being developed, for a period not to exceed six (6) years. Such use, structures and signs shall require permits as set forth herein.
If a temporary office, in connection with a subdivision development, is located within a "model home", it shall be permitted in the area for a period not to exceed six (6) years.
   N.   Lights for illuminating entrance driveways may be installed outside the public right-of-way as, in the opinion of the enforcing officer, shall not constitute a traffic hazard or a nuisance to neighboring property.
   O.   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)

25-9-1-2: SPECIAL USES:

   A.   Community buildings and social and recreational centers of a community nature incorporated and operated not for profit.
   B.   Golf courses and country clubs incorporated and operated not for profit.
   C.   Bed and breakfast establishments.

25-9-1-3: USES EXPRESSLY PROHIBITED:

The following uses are prohibited in E1 Estate Districts:
   A.   The storage or keeping of a truck or other commercial vehicle in excess of three-quarter (3/4) ton or the storage or keeping of commercial equipment and supplies.
   B.   The storage or keeping of more than one truck or other commercial vehicle or the storage or keeping of commercial equipment and supplies in connection with each family dwelling unit within or without any building located on the premises.
   C.   Garages or other accessory buildings shall not be permitted in this district except as accessory to a residential use.
   D.   Storage of boats, recreational vehicles and recreational trailers of any kind closer than required setback line and required side yard width.
   E.   Mobile homes as defined herein. Storage of unoccupied mobile homes and/or conversion of mobile homes to another use. Occupied travel trailers or recreational vehicles. (Ord. 79-229, § 7, 12-11-1979; Ord. 82-66, 5-11-1982; Ord. 92-187, 9-8-1992; Ord. 97-240, 9-9-1997; Ord. 98-45, 4-14-1998; Ord. 17-189, 7-11-2017, eff. 7-11-2017)

25-9-2-1: PERMITTED USES:

In the E2 District, the following uses are permitted:
   A.   Any use permitted in the E1 District.
   B.   Single-family residence, each one on a building lot or tract of not less than two hundred feet (200') in width at the recorded setback line and two and one-half (21/2) acres in area not including any portion of any public or private highway, street or alley.

25-9-2-2: SPECIAL USES:

Special uses allowed in the E1 District are allowed in the E2 District.

25-9-2-3: USES EXPRESSLY PROHIBITED:

The uses expressly prohibited in the E1 District are expressly prohibited herein. (Ord. 79-229, § 7, 12-11-1979)

25-9-3-1: PERMITTED USES:

In the E2-A District, the following uses are permitted:
   A.   Any use permitted in the E1 District and the E2 District.
   B.   Single-family residence, each one on a building lot or tract of not less than one hundred sixty five feet (165') in width at the recorded setback line and two (2) acres in area not including any portion of any public or private highway, street or alley.

25-9-3-2: SPECIAL USES:

Special uses allowed in the E1 District are allowed in the E2-A District.

25-9-3-3: USES EXPRESSLY PROHIBITED:

The uses expressly prohibited in the E1 District are expressly prohibited herein. (Ord. 82-66, 5-11-1982)

25-9-4-1: PERMITTED USES:

In the E3 District, the following uses are permitted:
   A.   Any use permitted in the E1 District, E2 District and E2-A District.
   B.   Single-family residence, each one on a building lot or tract of not less than one hundred thirty two feet (132') of width at the recorded setback line and one and one-fourth (11/4) acres in area not including any portion of any public or private highway, street or alley.

25-9-4-2: SPECIAL USES:

Special uses allowed in the E1 District are allowed in the E3 District.

25-9-4-3: USES EXPRESSLY PROHIBITED:

The uses expressly prohibited in the E1 District are expressly prohibited herein. (Ord. 77-46, § 2, 4-12-1977; Ord. 79-229, § 7, 12-11-1979; Ord. 82-66, 5-11-1982)

25-9-5-1: PERMITTED USES:

In the R1 District, the following uses are permitted:
   A.   One-family residence:
      1.   The building lot must be not less than one hundred twenty five feet (125') in width at the recorded building setback line and the lot area shall be not less than forty thousand (40,000) square feet. Said dimensions and lot area requirement shall not include any portion of any public or private highway, street, or alley.
      2.   If the zoning lot is part of an approved recorded subdivision which met County zoning standards at the time of recording (on or after December 15, 1937), a one-family detached dwelling unit would be permitted provided that all other applicable zoning, wastewater disposal, stormwater ordinance, and building ordinance requirements are complied with.
   B.   The following uses shall be permitted as incidental or accessory to one-family residences:
      1.   Displaying of one sign not over six (6) square feet in area pertaining only to the sale, lease, or identification of the premises upon which it is displayed, which may be illuminated by such lighting as, in the opinion of the enforcing officer, shall not constitute a traffic hazard or nuisance to the neighboring property.
A single temporary sign not over three (3) square feet in area, advertising the premises upon which it is displayed, for sale or lease, may be permitted without a permit and must be removed when the premises are sold or leased. One sign for the purpose of identifying the premises upon which it is displayed or the occupants thereof, located outside the public right-of-way, may be erected and installed without a permit, and such signs shall conform to the following size limitations:
         a.   Upon premises having two hundred feet (200') or less of frontage on the public right-of-way, a sign not more than one square foot in area; and
         b.   Upon premises having more than two hundred feet (200') of frontage on the public right-of-way, a sign not more than three (3) square feet in area.
      2.   Home occupations, as defined herein.
   C.   Agriculture, which in this district shall mean the cultivation of soil principally for the production of food products, but shall not include:
      1.   The feeding or other disposal of community or collected garbage.
      2.   The sale or distribution, for profit, of any food products.
      3.   The raising of poultry, rabbits and other small animals commercially.
The raising of poultry, rabbits and other small animals for private use shall be permitted on tracts of land of one acre or more provided said poultry and animals are housed and yarded no 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 property less than five (5) acres in size.
   D.   Churches and libraries.
   E.   Dogs and cats, as pets, are permitted, but not more than three (3) of each, over four (4) months of age, in any dwelling unit.
   F.   Filling and leveling of holes, pits and lowland requiring not more than two hundred fifty (250) cubic yards of fill, with nonodorous and noncombustible material, free from any garbage and food wastes.
   G.   Forest preserves and picnic grounds, but not including business facilities.
   H.   Garage sales, limited to two (2) sales per year.
   I.   Lights for illuminating entrance driveways may be installed outside the public right-of-way as, in the opinion of the enforcing officer, shall not constitute a traffic hazard or a nuisance to neighboring property.
   J.   Public and community waterworks, police stations and fire stations.
   K.   Public and private parks, playgrounds, athletic fields and swimming pools.
   L.   Railroad and bus passenger stations.
   M.   Railroad right-of-way and tracks, but not including industrial yards and team tracks.
   N.   Schools and colleges (either public or religious), not operated for profit.
   O.   Storage of gasoline for private, domestic use, in underground tanks; installation approved by the State Fire Marshal, provided said storage tank is:
      1.   Not less than twenty five feet (25') from side and rear lot lines, the setback to meet requirements as provided in section 25-7-5-2 of this chapter,
      2.   Not less than twenty five feet (25') from any well,
      3.   Not less than twenty five feet (25') from any septic system, and
      4.   Not less than ten feet (10') from any building and further provided that the location of any pump used in connection therewith be in accordance with the above requirements.
   P.   In connection with subdivision developments, a single temporary office building and off street parking area shall be permitted on such development for a period not to exceed six (6) years. In this connection, a single sign or double faced sign on a common support or structure, not exceeding one hundred (100) square feet in area for each sign face shall be permitted on the premises being developed, for a period not to exceed six (6) years. Such use, structures and signs shall require permits as set forth herein.
If a temporary office, in connection with a subdivision development, is located within a "model home", it shall be permitted in the area for a period not to exceed six (6) years.
   Q.   Telephone booths, as defined herein, for use by the public. Said booths may be permitted at less than the required distance from the centerline of public or private right-of-way as provided in section 25-7-5-2 of this chapter, however, that if such booth is installed near an intersection of two (2) streets or rights- of-way, the minimum setback from one of such intersecting right- of-way lines shall be twenty feet (20'), and provided also, that no part of any such booth shall be permitted on any such right- of-way unless approved by the proper highway authority.
   R.   Waiting stations for bus passengers may be permitted at less than required setback distance from centerline of public or private right-of-way as provided in section 25-7-5-2 of this chapter; provided, however, that if such station is constructed near an intersection of two (2) streets or rights-of-way, the required setback as set forth in section 25-7-5-2 of this chapter shall be observed from one of such intersecting streets or rights-of-way and provided also that no part of any such station shall be permitted on any such right-of-way, except a railroad right-of-way in use by a railroad. Upon discontinuance of the use of any such structure as a waiting station for bus passengers, such structure must be removed within thirty (30) days from such discontinuance.

25-9-5-2: SPECIAL USES:

The following special uses may be allowed in the R1 District, subject to the provisions of section 25-4-8 of this chapter:
   A.   Clubs and fraternal lodge halls, not for profit, but not including those whose chief activity is rendering services customarily provided as a business, or whose activities may endanger life or property or constitute a public nuisance.
   B.   Community buildings and social and recreational centers of a community nature.
   C.   Hospitals, general, for human beings. This may include power plants, residence for nurses, and similar facilities.
   D.   Kennels, private, not for profit, for "pets" as defined herein on tracts of land not less than one acre and where permitted said animals shall not be housed, kenneled or yarded closer than one hundred feet (100') from any residence other than that of the owner or user of property.
   E.   Museums as defined herein.
   F.   Nursery schools/preschools and/or childcare centers as defined herein.
   G.   Parking areas to be used in connection with an existing business in an adjoining Business District. No buildings or structures, except necessary lighting, shall be permitted in such areas.
   H.   Stray and abandoned animal homes (State licensed).
   I.   Bed and breakfast establishments.

25-9-5-3: USES EXPRESSLY PROHIBITED:

The following uses are prohibited in R1 Residential Districts:
   A.   Storing of lumber or other building materials and/or equipment, not in connection with an authorized building project in progress on the immediate premises.
   B.   Mobile homes as defined herein. Storage of unoccupied mobile homes and/or conversion of mobile homes to another use. Occupied travel trailers or recreational vehicles.
   C.   The storage or parking of one or more trucks or other commercial vehicles in excess of three-quarter (3/4) ton, or the storage or keeping of commercial equipment and supplies.
   D.   Reserved.
   E.   Garages or other accessory buildings shall not be permitted in this district except as accessory to a residential use.
   F.   Storage of boats, recreational vehicles and trailers of any kind closer than required setback lines.
   G.   Private electrical generation plants, "peaker" plants, ancillary transmission and distribution facilities other than solar accessory as defined herein (see definition in article III of this chapter). (Ord. 78-79, § 7, 6-13-1978; Ord. 79-229, § 7, 12-11-1979; Ord. 82-66, 5-11-1982; Ord. 92-187, 9-8-1992; 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. 17-189, 7-11-2017, eff. 7-11-2017; Ord. 18-460, 12-11-2018, eff. retroactive to 11-13-2018)

25-9-6-1: PERMITTED USES:

In the R2 District, the following uses are permitted:
   Any use permitted in the R1 District shall be permitted in the R2 District except that the building lot for one-family residences in the R2 District shall be not less than one hundred twenty five feet (125') in width at the recorded building setback line and the lot area shall be not less than thirty thousand (30,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.

25-9-6-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R2 district.

25-9-6-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R2 district. (Ord. 79-229, § 7, 12-11-1979)

25-9-7-1: PERMITTED USES:

In the R3 district, the following uses are permitted:
   Any use permitted in the R2 district shall be permitted in the R3 district except that the building lot for one-family residences in the R3 district shall be not less than one hundred feet (100') in width at the recorded building setback line and the lot area shall be not less than twenty thousand (20,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.

25-9-7-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R3 district.

25-9-7-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R3 district. (Ord. 79-229, § 7, 12-11-1979)

25-9-8-1: PERMITTED USES:

In the R4 district, the following uses are permitted:
   Any use permitted in the R3 district shall be permitted in the R4 district except that the building lot for one-family residences in the R4 district shall be not less than seventy five feet (75') in width at the recorded building setback line and the lot area shall be not less than ten thousand (10,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.

25-9-8-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R4 district.

25-9-8-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R4 district. (Ord. 79-229, § 7, 12-11-1979)

25-9-9-1: PERMITTED USES:

In the R5 district, the following uses are permitted:
   A.   Permitted; Exceptions: Any use permitted in an R4 district shall be permitted in the R5 district, except home occupations. The building lot for one-family residences in the R5 district shall be not less than one hundred fifty feet (150') in width at the recorded building setback line and the lot area shall be not less than sixty thousand (60,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.
   B.   Two-Family Residence: The building lot shall be not less than one hundred fifty feet (150') in width at recorded building setback line and the lot area shall be not less than sixty thousand (60,000) square feet.

25-9-9-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R5 district.

25-9-9-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R5 district. (Ord. 79-229, § 7, 12-11-1979)

25-9-10-1: PERMITTED USES:

In the R6 district, the following uses are permitted:
   A.   Permitted; Exceptions: Any use permitted in an R5 district except that the building lot for one-family residences in the R6 district shall be not less than one hundred forty feet (140') in width at the recorded building setback line and the lot area shall be not less than forty thousand (40,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.
   B.   Two-Family Residence: The building lot shall be not less than one hundred forty feet (140') in width at the recorded building setback line and the lot area shall be not less than forty thousand (40,000) square feet.

25-9-10-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R6 district.

25-9-10-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R6 district. (Ord. 79-229, § 7, 12-11-1979)
25-9-11: R7 DISTRICT; TWO-FAMILY RESIDENTIAL:

25-9-11-1: PERMITTED USES:

In the R7 district, the following uses are permitted:
   A.   Permitted; Exceptions: Any use permitted in an R6 district except that the building lot for one-family residences in the R7 district shall be not less than one hundred twenty five feet (125') in width at the recorded building setback line and the lot area shall be not less than twenty five thousand (25,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.
   B.   Two-Family Residence: The building lot shall be not less than one hundred twenty five feet (125') in width at the recorded building setback line and the lot area shall be not less than twenty five thousand (25,000) square feet.

25-9-11-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R7 district.

25-9-11-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R7 district. (Ord. 79-229, § 7, 12-11-1979)
25-9-12: R8 DISTRICT; TWO-FAMILY RESIDENTIAL:

25-9-12-1: PERMITTED USES:

In the R8 district, the following uses are permitted:
   A.   Permitted; Exceptions: Any use permitted in an R7 district except that the building lot for one-family residences in the R8 district shall be not less than one hundred feet (100') in width at the recorded building setback line and the lot area shall be not less than twenty thousand (20,000) square feet. Said dimensions and lot area requirements shall not include any portion of any public or private highway, street, or alley.
   B.   Two-Family Residence: The building lot shall be not less than one hundred feet (100') in width at the recorded building setback line and the lot area shall be not less than twenty thousand (20,000) square feet.

25-9-12-2: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R8 district.

25-9-12-3: USES EXPRESSLY PROHIBITED:

Uses prohibited in the R1 district are prohibited in the R8 district. (Ord. 79-229, § 7, 12-11-1979)
25-9-13: R9 DISTRICT; MULTIPLE-FAMILY:

25-9-13-1: PERMITTED USES:

In the R9 district, the following uses are permitted:
   A.   The uses permitted in the R1 district except subsections 25-9-5-1A, B2, J and N of this chapter.
   B.   Residential apartment buildings and multiple dwellings for not less than three (3) families, provided:
      1.   The height of the building shall not be more than three (3) stories above the floor level of the lowest apartment. Such lowest apartment shall be construed to mean either that apartment, any part of which is below the lowest finished grade of the ground adjacent to the building, or if no apartment is below said finished grade, then the apartment nearest said finished grade.
      2.   The maximum building height shall not exceed forty feet (40') above the lowest finished grade of the ground adjacent to the building.
      3.   The building plot is improved with an approved community water supply and an approved community sewerage disposal system as defined herein.
   C.   Also provided, further, that the following use will be permitted as incidental or accessory to the residential use:
Displaying of one sign not over six (6) square feet in area pertaining only to the sale, lease, or identification of the premises upon which it is displayed, which may be illuminated by such lighting as, in the opinion of the enforcing officer, shall not constitute a traffic hazard or a nuisance to neighboring property.

25-9-13-2: DENSITY:

   A.   There shall in no case be more than eight (8) dwelling units per acre, not including any portion of any public or private highway, street or alley.
   B.   Where buildings for less than eight (8) dwelling units are to be constructed, the area for each dwelling unit shall not be less than the proportion of eight (8) units per acre.

25-9-13-3: SPECIAL USES:

Special uses allowed in the R1 district are allowed in the R9 district.

25-9-13-4: USES EXPRESSLY PROHIBITED:

Uses expressly prohibited in the R1 district shall be prohibited in the R9 district. (Ord. 79-229, § 7, 12-11-1979)