APPENDIX B 2,3ZONING Art. III. Rules and Definitions Art ...

1 APPENDIX B1 ZONING2,3 Art. I. Title Art. II. Purpose Art. III. Rules and Definitions Art. IV. Administration and Enforcement Art. V. General Provisions Art. VI. Nonconforming Buildings, Structures, and Uses Art. VII. Zoning Districts Art. VIII. Farming District Art. IX. Residential Districts Art. X. Business Districts Art. XI. Industrial Districts Art. XII. Planned Unit District Art. XIII. Airport Districts Art. XIV. Off-Street Parking Art. XV. Restrictions and Regulations Governing Mining of Topsoil, Earth, Clay, Gravel, Peat, Sand and Stone Art.

2 XVI. Miscellaneous Provisions APPENDIX A. Instructions 1. Editor's Note: This APPENDIX contains the County's Zoning Ordinance, originally adopted on December 15, 1937, as thereafter amended and readopted by Ord. No. 76-29 on March 9, 1976. The source for this APPENDIX is such ordinances printed in the compiled copy of the Zoning Ordinance prepared by the County, which is considered authoritative by the County. The editor has placed the term "Sec." prior to each major section's number. Inclusion of the Zoning Ordinance in APPENDIX form was deemed advisable because of the procedures required to enact such an ordinance.

3 2. See also Buildings and Building Regulations, Ch. 6; Kane County Stormwater Ordinance, Ch. 9; application of flood plain regulation to Zoning Ordinance, 9-5; Zoning Ordinance saved from repeal, 1 3; encroachment on certain public rights of way, 17-4; Subdivisions, Ch. 19; Trailer Coach and Mobile Home Parks, Ch. 22. 3. 55 ILCS 5/5-12001. APPENDIX B-ZONING 1 ARTICLE I. TITLE [Sec. Designated.] This ordinance shall be known, cited and referred to as the "Kane County Zoning Ordinance". It is an ordinance: a.

4 Dividing the unincorporated part of the County of Kane into districts; b. Regulating and restricting the location and use of buildings, structures and land for residence, agriculture, business, industry, aviation and for other specified uses within said districts; c. Regulating and restricting the intensity of such use; d. Establishing building lines; e. Requiring permits; and f. Providing for the administration of said ordinance pursuant to "An Act in Relation to County Zoning" passed by the General Assembly of the State of Illinois, and enacted into law June 28, 1935.

5 (Ord. No. 80-37, 1, 3-13-80) ARTICLE II. PURPOSE [Sec. Stated.] The Kane County Zoning Ordinance is adopted "For the purpose of promoting the public health, safety, morals, comfort, and general welfare; conserving the values of property throughout the county; and reducing or avoiding congestion in the public streets and highways". The standards and requirements contained in this ordinance and the district mapping reflected on the Kane County Zoning Maps are intended to further the implementation of the objectives and policies of the 2040 Land Resource Management Plan for Kane County, as well as protect all desirable existing structures and uses.

6 (Ord. No. 98-45, 4-14-98; Ord. No. 12-295, 10-9-12) ARTICLE III. Rules AND Definitions [Sec. Established.] 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.

7 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". APPENDIX B-ZONING 2 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.

8 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.

9 Adult Entertainment Business: Synonymous with "Adult Business," as defined herein. 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.

10 Adults-only: Any items or activities emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, 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 auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.