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Zoning Commission Packet 2012 01-25-12 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 0� a 2p� Fax: 630-553-7575 AGENDA ZONING COMMISSION MEETING Wednesday, January 25, 2012 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of June 22, 2011 meeting minutes 5. Old Business: a) Recap and Commentary of Previously Revised Zoning ghapters • Chapters 1-10 6. New Business: a) Discussion of research materials regarding: Land Use Tools to Protecting Groundwater series prepared by the Environmental Law &Policy Center; and Current Trends in Land Use Law. b) Zoning Commission Meeting Schedule for 2012. 7. Adj ournment 8. Next meeting date: February 22, 2012 ZONING COMMISSION MEETING Wednesday, June 22, 2011 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Committee Members in Attendance: Jeff Baker Gary Neyer Greg Millen Pete Huinker Mike Crouch City Officials in Attendance: Krysti Barksdale-Noble, Community Development Director Meeting Called to Order The meeting was called to order at 7:03 p.m. and Mr. Crouch welcomed everyone. Roll Call Roll call was taken. A quorum was established. Citizen's Comments There were no guests in attendance. Previous Minutes Mr. Crouch moved to accept the May 25, 2011 minutes and it was seconded by Mr. Millen. There was no discussion, corrections or additions so a vote to accept was made, unanimously accepted and the motion was carried. Mr. Crouch then turned the meeting over to Ms. Noble to cover Old Business. Old Business: Chapter 6: Permitted and Special Uses: Ms. Noble said there was a minor change to the table on Page 6: Permitted and Special Uses. Mr. Baker brought up a good point that roof mounted solar panels should be permitted as a use in an OS-1 District and that was a good call. It is highlighted in yellow on the chart. Chapter 10A: OS-1 Open Space District(Passive): This is one of the new districts Ms. Noble said she was asked to create. The only change she made so far(and the committee may have to revisit this chapter to flush out some changes that may need to occur and the Parks Department will be looking at it as well) are on pages 96 and 97. The Parks Department will be looking at it as well and providing their input. Also, the term "overall building height" was removed because building height has been defined, making the term `overall' redundant. Chapter 1OB-4: OS-2 Open Space District(Recreational): Accessory Uses, Buildings and Structures - 8. Stormwater detention facilities were removed because it, too, was redundant. Following that, the rest of the items reflected the number change. Ms Noble did some research (included in packet) on different communities and how they do their PUD reviews and their reviews of engineering, as suggested by Mr. Neyer. Her research included looking at the City of Naperville and the City of Joliet to find out how they do their PUD process. They both referred her to their websites. The main difference is the turn-around time is not spelled out in our ordinance; the flow was not clear. Now that there is language to that effect, it should speed up the process. Also, they did not tie the PUD process to an ordinance because if it's tied to an ordinance, that can slow things down considerably. It would leave it open to constant amendments. Ms. Noble's recommendation would be to not include a timeline in the ordinance. Flow charts can be included; but not timelines. She then discussed various incentive programs various communities are doing for residential development. For example, Plainfield permits preliminary engineering, with final engineering only at time of building permit, which ties in with our discussions on how to streamline the PUD process. This lowers the developer's up-front costs. This would allow PUD approval with a preliminary and not even have to go for final until they're ready to pull a permit. This would allow developers to spread out the costs over a longer time frame. Mr. Millen then asked if this would put an end to SSAs. Ms. Noble stated that it was more of a developer tool. Mr. Millen then brought up his observation that SSAs carne into play with the larger developers. He wondered if there couldn't be some incentive for local, home town builders. There then followed a lot of discussion on possible builder incentives, etc. Mr. Crouch approached the subject of bringing possible new members up to speed on what has already been covered. It was the consensus that the committee agreed to wait until September for the next meeting. Mr. Crouch made a motion to adjourn; it was moved and seconded and agreed by all. The meeting was adjourned at 7:55pm. Minutes respectfully submitted by: Bonnie Olsem TITLE 10 - ZONING Table of Contents Subject Chapter Zoning Purpose and Interpretation...........................................................................................................................1 Rulesand Definitions...............................................................................................................................................2 GeneralZoning Provisions.......................................................................................................................................3 Zoning Administration and Enforcement.................................................................................................................4 ZoningDistricts and Maps..........................................................................................................................................5 Permittedand Special Uses.........................................................................................................................................6 Dimensional and Bulk Requirements........................................................................................................................7 PlannedUnit Developments........................................................................................................................................8 ZoningDistricts.......................................................................................................................................................9-13 A-1,Agricultural District.........................................................................................................................................9 OS,Open Space District.........................................................................................................................................10 OS-1,Open Space(Passive)District...............................................................................................................I0A OS-2,Open Space(Recreational)District.......................................................................................................1013 ResidentialDistricts...............................................................................................................................................I 1 E-1,Estate District...........................................................................................................................................11A R-1, Single-Family Suburban Residence District............................................................................................1113 R-2,Single-Family Traditional Residence District..........................................................................................11C R-2 Duplex,Two-Family Attached Residence District...................................................................................11D R-3,Multi-Family Attached Residence District.............................................................................................. 11E R-4,General Multi-Family Residence District.................................................................................................1117 CDD,Conservation Design District.................................................................................................................11G BusinessDistricts...................................................................................................................................................12 O,Office District....................................................................... ..... ......12A B-1,Limited Business District......................................................................................................................... 12B B-2,General Business District......................................................................................................................... 12C B-3,Service Business District.........................................................................................................................12D B-4,Business District...................................................................................................................................... 12E ManufacturingDistricts..........................................................................................................................................13 M-1,Limited Manufacturing District..............................................................................................................13A M-2,General Manufacturing District.............................................................................................................. 13B Adult-Oriented Uses..................................................................................................................................................14 Historic Downtown Overlay District........................................................................................................................15 Route47 Overlay District ...................................................................................................... 16 .................................. Nonconforming Buildings,Structures,and Uses............................................................... Off Street Parking and Loading....................................................................................................... ............18 Fences,Screens and Walls........................................................................................................................................19 Signs............................................................................................................................................................................20 Telecommunication Towers,Antennas and Facilities............................................................................................21 AlternativeEnergy Systems......................................................................................................................................22 RooftopWind Energy Systems...........................................................................................................................22A SmallWind Energy Systems...............................................................................................................................22B SolarEnergy Systems..........................................................................................................................................22C CHAPTER 1 Zoning Purpose and Interpretation 10-1-1: TITLE: This Title, including the Zoning District Map made a part hereof and all amendments hereto, shall be known, cited and referred to as the UNITED CITY OF YORKVILLE ZONING ORDINANCE. 10-1-2: AUTHORITY: This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by Illinois state law. 10-1-3: APPLICABILITY: Unless otherwise expressly exempt, the zoning ordinance applies to all land use, structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as allowed by Illinois state law. 10-1-4: INTENT AND PURPOSE: This Title is adopted with the intent to set forth regulations and standards for the following purposes: A. To promote and protect the public health,safety,morals,comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D. To provide adequate light,air,privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health; F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas in order to provide adequate light,air,privacy and access to property; G. To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts, 1. To prevent additions to,or alteration or remodeling of,existing buildings imposed hereunder; J. To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles; K. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; L. To prevent the overcrowding of land and undue concentration of structures,so far as is possible and appropriate in each district,by regulating the use and bulk of buildings in relation to the land surrounding them; M. To conserve the taxable value of land and buildings throughout the City; N. To encourage innovative and low-impact development techniques through the reduction of stormwater run-off, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land; O. To promote pedestrian circulation through a well-designed system of shared-use trails which allows access to local and regional destinations; P. To promote, preserve and enhance those buildings and structures within certain area of the City that are of historical importance; Q. To promote and regulate the use of alternative and renewable energy solutions,where applicable; R. To ensure the objectives of the Comprehensive Plan are considered. S. To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; T.To define and limit the powers and duties of the administrative officers and bodies as provided herein;and U. To prescribe penalties for the violation of the provisions of the Zoning Ordinance, or of any amendment thereto. V. To ensure the provisions of public improvements governing the subdivision and platting of land; street and roadway standards; availability of utilities; and schools and park development are applied to all properties within the City's corporate limits,as prescribed in the Yorkville Subdivision Control Ordinance. 10-1-5: INTERPRETATION: A. Minimum Requirements: The provisions of this Title shall be held to be the minimum requirements for the promotion of public health,safety,morals and welfare. B.Relationship with Other Laws:Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law,ordinance,resolution,rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. C. Existing Agreements: This Title is not intended to abrogate any easement, covenant or any other private agreement, provided, that where the regulations of this Title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Title shall govem.10-1-6: SCOPE OF REGULATIONS: A. Changes in Structures or Use: Except as may otherwise be provided in Chapter 17 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings,uses or land shall be located. B. Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located,and whenever a district shall be changed hereafter, the then existing lawful use may be continued,subject to the provisions of Chapter 17 of this Title. C.Building Permits:When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof,and provided that construction is begun within six(6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued,and further may,upon completion,be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 17 of this Title. D. Existing Special Uses: Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of the City Council, the Zoning Administrator or the Zoning Board of Appeals. 10-1-7: SEPARABILITY: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendment hereto,to a particular building,structure or parcel of land,such judgment shall not affect the application of said provision to any other building,structure or parcel of land not specifically included in said judgment. CHAPTER 2 Rules and Definitions 10-2-1: GENERAL: In the construction of this Title,the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2: RULES: A. Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular. B. The word"shall"is mandatory and not discretionary. C. The word"may"is permissive. D. The word"lot"shall include the words"plot","piece","parcel",;and the phrase"used for"shall include the phrase"arranged for","designed for", "intended for","maintained for",and"occupied for". E. All measured distances shall be expressed in feet,unless otherwise indicated,and shall be calculated to the next integral foot. F. If any calculation results in a fraction,the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoning ordinance,the provisions that are expressed in the text shall apply. H. Words or terms contained in this Title which are not defined hereinafter,shall assume definitions as prescribed in the most current edition of the Merriam-Webster unabridged dictionary. 10-2-3: DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ABUTTING:To have a common property line or zoning district. ACCESSORY BUILDING or USE.:An"accessory building or use" is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area,extent or purpose to the principal building or principal use served. 3. Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE:A measure of land containing forty three thousand five hundred sixty(43,560)square feet. ACREAGE:Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted. AGRICULTURAL SALES AND SERVICE: A use primarily engaged in sale or rental of farm tools and implements,feed,grain,tack,animal care products,and farm supplies and farm machinery repair services that are accessory to the principal use. AGRICULTURAL USE:The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting,and selling crops,or feeding(including grazing),breeding managing,selling, or producing livestock, poultry,fur-bearing animals or honeybees,or by dairying and the sale of dairy products,by any other horticultural, floricultural or viticultural use,by animal husbandry,or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including,but not limited to,providing riding lessons,training clinics and schooling shows. AIRPORT: Any area of land designated,set aside,used,or intended for use, for the landing and take-off of aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities,approach zones. ALCOHOLIC BEVERAGE: any beverage that is the product of distillation of fermented liquids,whether rectified or diluted,whatever may be the origin thereof,and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. ALLEY:A public way, not more than thirty feet(30')wide,which affords only a secondary means of access to abutting property. AMUSEMENT PARK: A commercially operated facility which may include structures and buildings,with a predominance of outdoor games and activities for entertainment,including motorized rides,water slides,miniature golf,batting cages and the like. ANIMAL HOSPITAL:Any building, or portion thereof,designed or used for the care,observation or treatment of domestic animals. ANTIQUE SALES: A building or areas within a building to provide space for the sale of antiques by antique dealers,for items such as clocks,lamps,clothing,rugs,toys,furniture,and the like. AUTOMOBILE REPAIR:Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service,including body,frame or fender straightening or repair and painting of vehicles. Incidental repairs, replacement of parts, and motor service to automobiles. AUTOMOBILE RENTAL: Leasing or renting of automobiles,motorcycles and light trucks and vans,including incidental parking and servicing of vehicles for rent or lease. This definition excludes truck and trailer rental. AUCTION HOUSE: A structure,area,or areas within a building used for the public sale of goods,wares, merchandise,or equipment to the highest bidder. BAKERY,RETAIL: An establishment primarily engaged in the retail sale of baked products. The products may be prepared either on or off site. BAKERY,WHOLESALE: A bakery in which there is permitted the production and/or wholesaling of baked goods, excluding Retail Bakery. BASEMENT:That portion of a building that is partly or completely below grade. BANK: A building for the custody,loan,or exchange of money,for the extension of credit and for facilitating the transmission of funds. This definition includes credit unions,savings and loan facilities,payday loans,personal loan agencies and pawnshops. BED AND BREAKFAST INN(B&B):A private,owner/operator occupied residence with guest rooms,providing overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn is operated primarily as a business. BILLIARD PARLOR:A business establishment for a principal use as a billiard facility. BLOCK:A tract of land bounded by streets or,in lieu of a street or streets,by public parks,cemeteries,railroad rights of way,bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum b feet in height. BOWLING ALLEY: A business establishment with a principal use for the sport of ten-pin bowling which may include incidental food services. BREW PUB:seeMicrohrewery BUFFER: A strip of land,including landscaping, berms,walls,and fences,that is located between land uses of different character and is intended to physically and visually separate one use area from another. BUILDABLE AREA:The space remaining on a building lot after the minimum yard requirements of this title have been complied with. BUILDING:Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors,windows or openings,and which is designed or intended for the shelter,enclosure or protection of persons,animals or chattels. BUILDING,COMPLETELY ENCLOSED:A building separated on all sides from the adjacent open space,or from other buildings or other structures,by a permanent roof and by exterior walls or party walls,pierced only by windows and normal entrance or exit doors. BUILDING,DETACHED:A building surrounded by open space on the same zoning lot. BUILDING,HEIGHT:The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof;to the deck line of a mansard roof;and to the mean height level between eaves and the ridge of a gable,hip or gambrel roof; provided,that where buildings are set back from the street line,the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.(See section 10-2-4 of this chapter for diagram). BUILDING,INSPECTOR:The designated city official responsible for inspecting buildings within the city. BUILDING,LINE:A line or lines,including the building Setback line,on the horizontal surface of a lot,parallel to the front,side and rear lot lines,and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title.(See section 10-2-4 of this chapter for diagram.) BUILDING,MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale,from the premises,of materials used in the construction of buildings or other structures. BUILDING,NONCONFORMING:Any building which does not conform to the regulations of this title prescribing the use,required yards,coverage,height and setbacks,minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located. BUILDING,PRINCIPAL:A non-accessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING,SETBACK LINE:A line parallel to the street line of a distance from it,regulated by the front yard requirements set up in this Title. BUILDING,TEMPORARY:Any building not designed to be permanently located in the place where it is,or where it is intended to be placed or affixed. BULK:The term used to describe the size and mutual relationships of buildings and other structures,as to size, height,coverage,shape,location of exterior walls in relation to lot lines,to the center lines of the streets,to other walls of the same buildings,and to other buildings or structures,and to all open spaces relating to the building or structure. BUSINESS:Any occupation,employment or enterprise wherein merchandise is exhibited or sold,or which occupies time,attention, labor and materials,or where services are offered for compensation. CAMPGROUND: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles,travel trailers, and/or tents. CARPORT:An automobile shelter with two(2)or more sides open. CAR WASH:A building or portion thereof containing facilities for washing more than two(2)motor vehicles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. Coin-operated devices operated on a self-service basis shall be construed to be the same. CEMETERY: Land used or dedicated to the interment of human or animal remains or cremated remains,including crematoriums,mausoleums,necessary sales,and maintenance facilities. Mortuaries shall be included when operating within the boundary of such cemetery. CITY:The United City of Yorkville or the City of Yorkville. CITY COUNCIL:The City Council of the City of Yorkville. CLUB or LODGE,PRIVATE:A for-profit or nonprofit association of persons who are bona fide members paying annual dues which owns,hires or leases a building,or portion thereof,the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available.The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals,though such beverages may be served in a separate room or rooms,and provided that such sale of alcoholic beverages is in compliance with the applicable local,Federal and State laws,and County ordinances. COLLEGE: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate,baccalaureate,or higher degrees. COMMERCIAL FEEDING:A land use or facility used for the confined feeding operation for fish,poultry,swine or livestock. COMMUNITY CENTER: A building or structure used as a place of meeting,recreation or social activity,generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE:A building or structure which: A.Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located;and B.Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. CONTRACTOR OFFICES: A building used for conducting contracting business that does not use any exterior storage area. COURT:An open unoccupied space,other than a yard,on the same lot with a building or group of buildings and which is bounded on two(2)or more sides by such building or buildings. CURB LEVEL:The level of the established curb in front of the building measured at the center of such front.Where a building faces on more than one street,the"curb level" shall be the average of the levels of the curbs at the center of the front of each street.Where no curb elevation has been established,the mean level of the land immediately adjacent to the building shall be considered the"curb level". DANCE HALL: A place of assembly,open to the public and operated for profit,where dances,parties,receptions and other gatherings are held. DATUM POINT: Any reference point of known or assumed coordinates from which calculation or measurements may be taken. DAYCARE,IN-HOME:means any in-home child care service licensed by the State Department of Children and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than(3)and up to a maximum of twelve(12)children under the age of twelve(12)in a family home.The term does not include facilities which receive only children from a single household.(225 ILCS 10,Sec.2.09) DAYCARE FACILITY:mcans any child care facility licensed by the State Department of Children and Family Services(DCFS)which regularly provides day care for less than 24 hours per day for more than three(3)children under the age of twelve(12)in a facility other than a family home.(225 ILCS 10,Sec.2.09) DAYCARE FACILITY,ADULT:means any facility,public or private,regulated by the State of Illinois in accordance with the Older Adult Services Act which provides care for less than 24 hours per day for older adults (seniors)such as nutritious meals,planned program of activities,and social and health related services. DAYCARE FACILITY,PART DAY: means any facility licensed by the State Department of Children and Family Services(DCFS)and which is conducted by a church,religious organization or social service agency in which individual children are provided care,on an intermittent basis,for up to 10 hours per seven day week.Any facility which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours in any given day during the 7 day week.Any facility which provides intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver per 20 children.(225 ILCS 10,Sec.2.09) DAYCARE HOME,GROUP: means any in-home child care service licensed by the State Department of Children and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than three(3) and up to a maximum of sixteen(16)children under the age of twelve(12)in a family home.The number of children allowed includes the fatuity's natural or adopted children and all other person under the age of twelve(12). (225 ILCS 10. Sec.2.09) DECIBEL(dB):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". DENSITY,GROSS:A ratio of the total number of dwelling units on a site,divided by the total acreage of the site, to include streets,schools,parks,etc.,expressed as dwelling units per acre. DENSITY,NET:A ratio of the total number of dwelling units on a site,divided by the number of acres used exclusively for a residential-type acreage not to include schools,parks,streets,etc.,expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT(Earth).The amplitude or intensity of an earthborn vibration measured in inches.The displacement or amplitude is one-half(1A)the total earth movement. DISTRICT:A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-THROUGH SERVICE ESTABLISHMENT: a business or establishment which provides all or some of its services through a building opening or window to its patrons who remain in their vehicles. DRIVEWAY: a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a parking space,garage,dwelling or other structure. DRY CLEANING ESTABLISHMENT: An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the operation of any laundry or dry-cleaning equipment or machinery on the premises. DRY CLEANING PLANT: A building,portion of a building or premises used or intended to be used for cleaning fabrics,textiles,wearing apparel,or articles of any sort by immersion and agitation,or my immersions only,in cleaning solvents including but not limited to non-flammable solvents and/or Class I and above combustible liquid solvents. DWELLING:A building or portion thereof,but not including a house trailer or mobile home,designed or used exclusively for residential occupancy,including single-family dwelling units, duplex dwelling units,townhomes and multiple-family dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,DUPLEX: A building designed or altered to provide dwelling units for occupancy by two(2)families within a single structure on separate lots,each of which having independent living quarters with direct access to the outside. DWELLING GROUP:A group of two or more single-family,duplex,townhome and/or multiple family dwellings occupying a parcel of land under a single ownership and having a yard or court in common,excluding hotels and motels. DWELLING,MULTIPLE-FAMILY: A building or portion thereof,designed or altered for occupancy by two(2)or more families living independently of each other within a single or attached structure on one lot,which may or may not share common entrances or other spaces and includes apartments,group homes,and condominiums. DWELLING,SINGLE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one(1)family which is detached from any other dwelling unit and surrounded on all sides by open space on the same lot. DWELLING,TOWNHOUSE:A single-family dwelling unit constructed in a group of three(3)or more attached units on separate lots in which each unit extends from foundation to roof and with a yard or public way on at least two sides. DWELLING UNIT:A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living,sleeping,eating,cooking and sanitation. EASEMENT:A grant by a property owner for the use of a parcel of land by the general public, a corporation,or a certain person or persons for a specific purpose or purposes. EFFICIENCY UNIT:A dwelling unit consisting of one principal room,exclusive of bathroom,kitchen,hallway, closets or dining alcove,directly off the principal room. EQUIVALENT OPACITY:The shade on the Ringelmann Chart that most closely corresponds to the density of smoke,other than black or gray. ERECT:The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT,BUSINESS:A separate place of business having the following three(3)characteristics: A.The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. B.Direct public access to such"business establishment" is separate and distinct from direct access to any other"business establishment". C.There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another, they shall then be considered as a single"business establishment" for the purpose of this title. FAMILY:One or more persons related by blood,marriage or adoption,or a group of not more than five(5)persons (excluding servants)who need not be related by blood,marriage or adoption,living together and maintaining a common household. FENCE:A structure,including gates,or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE,OPEN:A fence which has over its entirety at least fifty percent(50%)of the surface area in open space as viewed at right angles from the fence;except,that the required open space in louver type fences may be viewed from any angle. FENCE,SOLID:A fence which conceals from view,from adjoining properties,streets or alleys,activities conducted behind it. FLOOR AREA,GROSS(For Determining Floor Area Ratio):The sum of the gross horizontal areas of the several floors,including also the basement floor of a building,measured from the exterior faces of the exterior walls or from the centerlines of walls separating two(2)buildings.The"floor area"shall also include the horizontal areas on each floor devoted to: A.Elevator shafts and stairwells. B.Mechanical equipment,except if located on the roof,when either open or enclosed, i.e., bulkheads, water tanks and cooling towers. C. Habitable attic space as permitted by the building code of the city'. D.Interior balconies and mezzanines. E.Enclosed porches. F.Accessory uses. The "floor area" of structures used for bulk storage of materials,i.e.,grain elevators and petroleum tanks, shall also be included in the"floor area"and such"floor area"shall be determined on the basis of the height of such structures with one floor for each ten feet(10')of structure height and if such structure measures less than ten feet(10')but not less than five feet(5')over such floor height intervals,it shall be construed to have an additional floor.The horizontal area in each floor of a building devoted to off street parking and off street loading facilities shall not be included in the"floor area". "Floor area"when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to uses accessory to the operation of the entire building.All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA,RATIO: The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.(See section 10-2-4 of this chapter for diagram.) FLOOR AREA,LIVABLE:Any floor area within outside walls of a residential building exclusive of areas in, basements,lookout basements,unfinished attics,garages,open porches and accessory buildings,but including any area"roughed in"but not completed which is designed and intended for human occupancy. FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot(1')distant from a uniform point source of one candlepower. FOOT-LAMBERT:A unit of brightness,usually of a reflecting surface.A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot(P)distant over one square foot has a brightness of one foot-lambert. FREQUENCY:The number of oscillations per second in a sound wave,measuring the pitch of the resulting sound. GARAGE,BUS:Any building used or intended to be used for the storage of three(3)or more passenger motor buses or motor coaches used in public transportation,excluding school buses. GARAGE,PRIVATE:An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises,and in which no business,service or industry connected directly or indirectly with automotive vehicles is carried on;provided,that not more than one-half(1/2)of the space may be rented for the private vehicles of persons not resident on the premises; except,that all the space in a garage of one or two(2)car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five(5) tons. GASOLINE SERVICE STATION:A place where gasoline,stored only in underground tanks,kerosene,lubricating oil or grease,for operation of automobiles,are offered for sale directly to the public on the premises,and including minor accessories and the services of automobiles,mechanical or manual washing of automobiles,but not including major automobile repairs.Gasoline service stations shall not include sale or storage of automobiles or trailers(new or used). GOLF COURSE: A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related retail sales,restaurant,golf driving range but excluding miniature golf. GOLF DRIVING RANGE: An area equipped with distance markers, clubs,balls and tees for practicing golf drives and putting which may include incidental retail sales and food services,but excludes miniature golf. GRADE:The established grade of the street or sidewalk.Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line.Where no sidewalks exist,the grade shall be the average elevation of the street adjacent to the property line.Except in cases of unusual topographic conditions, as determined by the director of public works,grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption,which typically also offer other home care and personal care products. GROUP HOME: A single-family dwelling housing not more than eight(S)service-dependent or developmentally disabled people living with professional care staff. GUEST,PERMANENT:A person who occupies or has the right to occupy a lodging house,rooming house, boarding house,hotel,apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION:An accessory use of a residential dwelling unit which complies with the requirements of section 3 subsection 10 of this title. HOSPITAL:An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care,for not less than twenty four(24)hours in any week,of three(3)or more non-related individuals suffering from illness,disease,injury, deformity or other abnormal physical conditions.The term "hospital",as used in this Title,does not apply to institutions operating solely for the treatment of mentally ill or chemically dependent persons,or other types of cases necessitating restraint of patients,and the term"hospital" shall not be used for convalescent,nursing,shelter or boarding homes. HOTEL,MOTEL,or INN:An establishment containing lodging accommodations designed for use by transients,or travelers,or temporary guests.Facilities provided may include maid service,laundering of linen used on the premises,telephone and secretarial or desk service,restaurants,cocktail lounges,meeting rooms and ancillary retail uses,provided access to such uses are from the exterior of the principal use. HOUSEHOLDER:The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE:A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE:A material which will not ignite nor actively support combustion during an exposure for five (5)minutes to a temperature of one thousand two hundred degrees(1,200°)Fahrenheit. KENNEL,COMMERCIAL:Any lot or premises or portion thereof on which more than four(4)dogs,cats and other household domestic animals,over four(4)months of age,are kept for sale,or on which more than two(2)such animals are boarded for compensation. LABORATORY, COMMERCIAL:A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAND BANKING: Land that is part of a single-lot or development that is set aside or reserved for a later approved use or development. LAUNDRY: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities;provided that: A.Not more than four(4)persons, including owners,are employed on the premises; and B.No pickup or delivery service is maintained. LIBRARY: A public facility for the use,but not sale,of literary,musical,artistic,or reference materials. LOADING AND UNLOADING SPACE,OFF-STREET:An open,hard-surfaced area of land other than a street or public way,the principal use of which is for the standing,loading and unloading of motor vehicles,tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty five feet in length and fourteen feet in height(10'x 25'x 14'),exclusive of access aisles and maneuvering space. LOOK OUT BASEMENT:A story having more than one-half(1/2)of its height below the curb level or below the highest level of the adjoining ground.A look out basement shall not be counted as a story for the purposes of height measurement. LOT:A parcel of land legally described as a distinct portion or piece of land of record.(See Section 10-2-4 of this Chapter for diagram of lot types.) LOT,AREA:The area of a horizontal plane bounded by the front,side and rear lot lines. LOT,CORNER:A lot situated at the junction of and abutting on two(2)or more intersecting streets;or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°)or less.(See Section 10-24 of this Chapter for diagram.) LOT,COVERAGE:The area of a zoning lot occupied by the principal building or buildings,accessory buildings and all other impervious areas such as driveways,roads,sidewalks,parking lots and structures,and any area of concrete asphalt.(See Section 10-2-4 of this Chapter for diagram.) LOT,DEPTH:The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. LOT, FLAG: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow driveway or strip of land between abutting lots,thereby not meeting the minimum lot frontage requirements. LOT FRONTAGE:The front of a lot shall be that boundary of a lot along a public or private street;for a corner lot, the front shall be the narrowest side of the lot fronting upon a street;provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT,INTERIOR: A lot other than a corner lot or reversed corner lot.(See Section 10-2-4 of this Chapter for diagram.) LOT LINE:A property boundary line of any lot held in single or separate ownership;except,that where any portion of the lot extends into the abutting street or alley,the lot line shall be deemed to be the street or alley line. LOT LINE,FRONT:A lot line which abuts a street shall be the front lot line.For corner lots,the narrowest side of the lot fronting upon a street shall be considered the front of the lot;provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT LINE,INTERIOR: A side lot line common with another lot. LOT LINE,REAR:The rear]at line is the lot line or lot lines most nearly parallel to and more remote from the front lot line. LOT LINE,SIDE:Lot lines other than front or rear lot lines are side lot lines. LOT OF RECORD:A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the county recorder. LOT,REVERSED CORNER:A corner lot,the rear of which abuts upon the side of another lot,whether across an alley or not.(See section 10-2-4 of this chapter for diagram.) LOT,THROUGH:A lot having frontage on two(2)parallel or approximately parallel streets,and which is not a comer lot.On a through lot,both street lines shall be deemed front lot lines.(See section 10-2-4 of this chapter for diagram.) LOT,WIDTH:The mean horizontal distance between the side lot lines measured within the lot boundaries,or the minimum distance between the side lot lines within the buildable area. LOT,,ZONING:A plot of ground tnade up of one or more parcels which are or may be occupied by a use,building or buildings,including the yards and open spaces required by this title. MANUFACTURING ESTABLISHMENT:An establishment,the principal use of which is manufacturing, fabricating,processing,assembly,repairing,storing,cleaning,servicing or testing of materials,goods or products. MARINA: A facility for secure mooring of boats,including facilities for storage and repair of boats and sale of boating supplies and fuel. MEDICAL CLINIC:An establishment where patients are admitted for special study and treatment by two(2)or more licensed physicians or dentists and their professional associates,practicing medicine together. MICROBREWERY OR BREW PUB:A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks.Total production capacity shall not exceed 15,000 barrels per calendar year(465,000 gallons).One(1)U.S.barrel is equivalent to thirty-one(3 1)gallons. MINIATURE GOLF COURSE: A novelty version of golf played with a putter and golf ball on a miniature course, typically theme-oriented with artificial playing surfaces and including obstacles such as bridges and tunnels. MOBILE HOME: A manufactured home structure transportable in one or more sections,which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities,and includes the plumbing,heating,air-conditioning and electrical systems that may be contained therein;except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary(HUD)and complies with the standards established under this Title. For manufactured homes built prior to June I5, 1976,a label certifying compliance to the Standard for Mobile Homes,NFPA 501,in effect at the time of manufacture is required. MOBILE HOME PARK:A lot,parcel or tract of land developed with facilities for accommodating two(2)or more mobile homes,provided each mobile home contains a kitchen,flush toilet and shower or bath;and such park shall be for use only by non-transient dwellers remaining continuously for more than one month,whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale,except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety(90)days after occupancy may be sold or offered for sale. MODULAR CONSTRUCTION: A structure not built on-site,but which is placed on a permanent foundation and meets building code requirements. MOTELS,MOTOR LODGES,TOURIST COURTS:A group of attached or detached buildings containing individual sleeping units,designed for or used temporarily by automobile tourists or transients,with garage attached or parking space conveniently located to each unit,including auto courts,motels or motor lodges,but not including mobile homes. MOTOR FREIGHT TERMINAL:A building in which freight,brought to said building by motor truck,is assembled and sorted for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE:A passenger vehicle,truck,truck trailer,trailer or semitrailer propelled or drawn by mechanical power. NONCONFORMING USE:Any building,structure or land lawfully occupied by use or lawfully established at the time of the effective date hereof,which does not conform after the effective date hereof with the use regulations of this Title. NOXIOUS MATTER:Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, social or economic well-being of human beings. NURSING HOME:A home for the care of children or the aged or infirm,or a place of rest for those suffering bodily disorders,but not including facilities for the treatment of sickness or injuries or for surgical care. NURSERY: Retail business whose principal activity is the selling of plants and having outdoor storage,growing and/or display of plants. OCTAVE BAND:A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER:An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.(American Standard for Sound-Level Meters/A.S.A.-No.224.3 - 1944) ODOR THRESHOLD:The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.Odor thresholds shall be determined in accordance with ASTM Method D 1391-57,"Standard Method for Measurement of Odor in Atmospheres(Dilution Method)". ODOROUS MATTER:Any material that produces an olfactory response among human beings. OFFICE:A place,such as a building,room or suite,in which services,clerical work,professional duties or the like are carried out. OPEN SALES LOT:Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks,motor scooters,motorcycles,boats,trailers,aircraft,monuments,etc.,and for the storing of same prior to sale. PARAPET: An architectural feature of a building where that portion of an exterior wall extends above the roof deck. PARKING AREA,PRIVATE:An open,hard-surfaced area,other than a street or public way,designed,arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA,PUBLIC:An open,hard-surfaced area,other than a street or public way,intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half(1'i,,)tons'capacity,and available to the public,whether for compensation,free or as an accommodation to clients or customers. PARKING SPACE,AUTOMOBILE: Space within a public or private parking area designed in conformance with 10-11-3 of this Title,exclusive of access drives,or aisles,ramps,columns or office and work areas,for the storage of one passenger automobile or commercial vehicle under one and one-half(I tons'capacity. PARKING STRUCTURE: an attached or detached structure that is fully or partially enclosed with one or more levels and is used exclusively for the parking or storage of motor vehicles.This does not include private one-story garages for single-, two-,or multiple-family residential uses.Parking structures may either be above or below grade. PARTICULATE MATTER:Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof,and which separates and is in common use by such adjoining structures. PERFORMANCE STANDARD:A criterion to control noise,odor,smoke,toxic or noxious matter,vibration,fire and explosive hazards,or glare or heat generated by or inherent in uses of land or buildings. PHILANTROPIC INSTITUTION: Any building or group of buildings devoted to and supported by charity. PLAN COMMISSION:The plan commission of the City of Yorkville. PLANNED UNIT DEVELOPMENT:A tract of land which is developed as a unit under single ownership or control,which includes two(2)or more principal buildings,and which is at least four(4)acres in area,except for planned developments operated by a municipal corporation which shall be at least two(2)acres in area,and planned unit developments in manufacturing districts which shall be at least ten(10)acres in area. PORCH:A roofed over structure,projecting out from the wall or walls of a main structure and commonly open to the weather in part. PREFERRED FREQUENCIES: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard N. S1.6-1960,"Preferred Frequencies For Acoustical Measurements". PRINCIPAL USE:The main use of land or buildings as distinguished from a subordinate or accessory use. PROFESSIONAL SERVICES: A business that offers any type of professional service to the public which requires, as a condition precedent to the rendering of such service,the obtaining of a license or other legal authorization. By way of example,and without limiting the generality of this definition,professional services include services rendered by certified public accountants,engineers,chiropractors,dentists,physicians,podiatrists,architects, veterinarians, attorneys at law,physical therapists and insurance agents. PUBLIC OPEN SPACE:Any publicly owned open area,including,but not limited to,the following:parks, playgrounds,forest preserves,beaches,waterways,parkways and streets. PUBLIC UTILITY:Any person, firm,corporation or municipal department duly authorized to furnish,under public regulation, to the public,electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards, locomotive shops,water towers,etc. RAILROAD PASSENGER STATION: A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE: An establishment consisting of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure or bearing recreational vehicle registration license plates. Examples include but are not limited to,motor homes,boats,snowmobiles,and all-terrain vehicles. . RECREATION CENTER: A building or structure used as a place of recreation,generally open to the public and designed to accommodate and serve significant segments of the community. REFUSE:All waste products resulting from human habitation,except sewage. RELIGIOUS INSTITUTION,LARGE: A building,having 400 or more seats or larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION,SMALL: A building,having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple, mosque or other such place for worship and religious activities. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research,investigation,testing or experimentation,but not facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME:See definition of"Nursing Home". RESTAURANT:Any land,building or part thereof where meals are provided for compensation,including a cafe, cafeteria,coffee shop,lunchroom,drive-in stand,tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals,where permitted by local option. RESTAURANT, CONVENIENCE: An establishment commonly referred to as "fast casual" dining with the following characteristics: (a) limited menu items are made-to-order and are prepared only upon request; (b) food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area; and (c) usually part of a chain or franchise establishment. RESTAURANT,FAST FOOD:A quick service restaurant with the following characteristics:(a)typically includes drive-through service;(b)limited menu items consisting of pre-packaged or quickly prepared food items;(c)food is ordered and picked-up at a counter with no table service provided;(d)limited dine-in area;and(4)usually part of a chain or franchise establishment. RETAIL STORE: A building or portion of a building providing area for the selling of new or used goods,wares, merchandise directly to the consumer for whom the goods are furnished. RINGELMANN CHART:A chart which is described in the U.S.bureau of mines information circular 6888,and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER:The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE STAND: A temporary structure which is used solely for the display or sale of farm produce and related materials. No roadside stand shall be more than 300 square feet in ground area and there shall be no more than one roadside stand on any one premise. ROADWAY:That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY:A strip or area of pavement used exclusively for the landing and taking off of aircraft,or for the movement of vehicles incidental to such use. SALVAGE YARD: An open area where waste,scrap metal,paper,rags or similar materials are bought,sold, exchanged,stored,baled,packed,disassembled or handled,including auto,farm implements and machinery,and building wrecking yards,but excluding similar uses taking place entirely within a completely enclosed building. SCHOOL:Elementary,high school or college,public or private,or nonprofit junior college,college or university, other than trade and business schools,including instructional and recreational uses,with or without living quarters, dining rooms, restaurants,heating plants and other incidental facilities for students,teachers and employees. SETBACK:The minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot,except where otherwise regulated by this ordinance. SETBACK,ESTABLISHED:When forty percent(40%)or more of the lots fronting on one side of a street within a block are improved,the existing setbacks of such improved lots shall be the"established setback"for determining the depth of the required front yards for the remainder of the lots along such street frontage,as regulated in this title. SETBACK LINE,BUILDING: See definition of Building Setback Line. SKATING RINK: An establishment that provides facilities for participant skating. SMOKE: Small gas borne particles other than water that form a visible plume in the air. SMOKE UNIT:The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.For the purpose of this chart,Ringelmann density reading is made at least once every minute during the period of observation;each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND LEVEL METER:An electronic instrument which includes a microphone,an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE LEVEL:The intensity of a sound measured in decibels mathematically described as twenty (20)times the logarithm to the base ten(I 0j of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. SPECIAL USE:Any use of land or buildings,or both,described and permitted herein,subject to the provisions of Chapter 14 of this Title. STABLE,PRIVATE:Any building 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 the private use of occupants of the dwelling. STABLE,PUBLIC(RIDING OR BOARDING STABLE): A building and grounds which are designed,arranged, used or intended to be used for the storage,boarding or breeding of horses,including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS:The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. STADIUM:Any facility,building,corral,arena,or structure of any kind designed for use as either a sports facility (including animal sports,i.e.,rodeos,horse races,etc.),entertainment facility,whether for profit or not,where activities are to be undertaken generally for the entertainment of others.Said description includes ball fields,when any type of structure is involved,skating rinks,racetracks,football or soccer fields,softball fields,gymnasiums, swimming facilities,music halls, theaters,stages or any other type of field or facility. STORY:That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above,then the space between the floor and ceiling next above it.Any portion of a story exceeding fourteen feet(14')in height shall be considered as an additional story for each fourteen feet(14')or fraction thereof. STORY,HALF:That portion of a building under a gable,hip or mansard roof,the wall plates of which on at least two(2)opposite exterior walls are not more than four and one-half feet(411,')above the finished floor of each story. In the case of one-family dwellings,two-family dwellings and multiple-family dwellings less than three(3)stories in height,a half story in a sloping roof shall not be counted as a story for the purpose of this title.In the case of multiple-family dwellings three(3)or more stories in height,a half story shall be counted as a story. STREET:A way other than an alley which affords a primary means of access to abutting property. STREET LINE:A line separating an abutting lot,piece or parcel from a street. STRUCTURAL ALTERATIONS:Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls,columns,beams and girders. STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TAVERN OR LOUNGE:A building where liquors are sold to be consumed on the premises,but not including restaurants where the principal business is serving food. TAXICAB BUSINESS: A service that offers transportation in passenger automobiles and vans to persons in return for remuneration. The business may include facilities for servicing, repair,and fueling the taxicabs or vans. TERRACE,OPEN:A level and rather narrow plane or platform which,for the purpose of this title,is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet(4')in height above the average level of the adjoining ground. THEATER: A structure used for dramatic,operatic,motion pictures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions. TITLE: Reference to"title" herein shall be construed to be the Yorkville zoning ordinance. TOURIST HOME:A dwelling in which accommodations are provided or offered for transient guests. TOXIC MATERIALS:A substance(liquid,solid or gaseous)which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property. TRADE SCHOOL: A school established to provide for the teaching of industrial,clerical, managerial,or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum(e.g.,beauty school,modeling school). TRAILER:A vehicle without motive power,designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer,boat trailer,horse trailer or cargo trailer. TRAILER,CAMPING:A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty(130)square feet. TRAILER HOUSE OR MOBILE HOME:see Mobile Home definition, TRAILER,TRAVEL:A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square feet or more but less than three hundred twenty(320)square feet. TREATMENT CENTER: One or more buildings designed and used for the medical and surgical diagnosis and treatment. This definition excludes Hospitals and Nursing Homes. TRUCK AND TRAILER RENTAL: Leasing or renting of trucks and trailers,including incidental parking and servicing of vehicles for rent or lease. TRUCK STORAGE YARD:Any land used or intended to be used for the storage or parking of trucks,trailers, tractors,and including commercial vehicles,while not loading or unloading,and which exceed one and one-half (11/2)tons in capacity. USABLE OPEN SPACE: Ground area of a lot,landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which: A.Is not devoted to public or private roadways or driveways and off street parking and loading; B. Is accessible and available only to occupants of dwelling units on the premises,except balconies; C.Is not covered by buildings,except not more than five percent(5%)of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises, D.Has not less than ten feet(10')at its narrowest dimension between either a lot line and an area not qualifying as usable open space, and E.Is developed, landscaped and maintained suitable for pedestrian,recreational and leisure use. USE:The purpose for which land or a building thereon is designed,arranged or intended,or for which it is occupied or maintained, let or leased. USE,LAWFUL:The use of any building,structure or land that conforms with all of the regulations of this title and which conforms with all of the codes,ordinances and other legal requirements as existing at the effective dale hereof for the structure or land that is being examined. USE,NONCONFORMING: See definition of Nonconforming Use. USE,PERMITTED:Any use which is or may be lawfully established in a particular district or districts,provided it conforms with all requirements.regulations,and when applicable,performance standards of this title for the district in which such use is located. USE,PRINCIPAL:The dominant use of land or buildings as distinguished from a subordinate or accessory use. USE,SPECIAL:A use that has unusual operational,physical or other characteristics that may be different from those of the predominant permitted uses in a district,but which is a use that complements and is otherwise,or can be made, compatible with the intended overall development within a district.Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title. VACANT LAND: a lot or parcel of land on which no improvements or structures have been constructed or actively used for any land use purpose. WAREHOUSE:A structure,part thereof,or an area used principally for the storage of goods and merchandise for wholesale or distribution,excluding bulk storage of materials that are inflammable or explosive or that present hazards. VIBRATION:The periodic displacement,measured in inches,of earth at designated frequency-cycles per second. YARD:An open area on a lot which is unobstructed from its lowest level to the sky,except as otherwise provided in this title. YARD,FRONT: A yard extending along the full width of a front lot line between the side lot lines, and has a depth between the front lot line and the front yard line. YARD,INTERIOR SIDE:A side yard which adjoins another lot or an alley separating such side yard from another lot. YARD LINE:A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard.A building,structure or other obstruction shall not encroach into the area between the"yard line"and such adjacent lot line,except for such permitted obstructions in yards as are set forth in this title.(See section 10-2-4 of this chapter for diagram.) YARD,REAR:A yard extending along the width of the rear lot line between the side lot lines,and from the rear lot line to the rear yard line in depth. YARD,SIDE:A yard extending along the length of a side lot line between the rear yard line and front yard line, from the side yard line to the side lot line in width. YARD,SIDE-ADJOINING A STREET:A yard which is bounded by the front lot line,side yard adjoining a street line and rear lot line. YARD,TRANSITIONAL:A yard that must be provided on a lot in a Business District which adjoins a lot in a Residential District as a buffer and subject regulations provided in the Landscape Ordinance. ZONE:A district,as defined in this section. ZONING BOARD OF APPEALS: See Title 2,Chapter 2 of this code. 10-2-4: DIAGRAMS: See following pages for diagrams: BUILDING- -Lo _ L - 1 1 1 M CABLE HIP 8AM E REL MANSARD FLAT IUAMMTW OU YARD a BUILDING LINES REAR LOT LINE REAR YARD 4: I � is ::�:�::: :� `::�� =: -: : ::•;<�;•:. W � f :7 s t" I W z =:1 DA B LE • BUIL �AREA:�.. O W :1 I Q z •:I I: dig CP :.J LLI IC d h :� tIl :•:� ~ o I m :•I I < I F BUILDING SETBACK LINE J I 7-FRONT YARD STREET ILLUSTRATION ONLY FLOOR AREA RATIO FAR 0.8 .y �?OA; 0.4 ST - �- REFr ILLUSTRATION ONLY TYPES OF LOTS OI STREET o W W ® o o STREET Q INTERIOR LOT Q2 CORNER LOT Q REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY LOT COVERAGE \1 /0 10% y ILLUSTRATION ONI!' 1 V-L-17 - - LOT D I MENS IQMS s 1 f I I f I r � r � x w � u 146. LOT WIDTH LOT WIDTH BUILDING SETBACK U" I �ID rH- STREET ILLUSTRATION ONLY CHAPTER 3 General Zoning Provisions 10-3-1: USE AND BULK REGULATIONS: A. Use:No building,structure or land shall hereafter be used or occupied,and no building or part thereof,or other structure,shall be erected,razed,moved,reconstructed,extended,enlarged or altered except in conformity with the regulations herein specified in the district in which it is located. B. Principal Use:No lot shall have erected upon it more than one(1)principal permitted use.No more than one(1) principal building shall be permitted on one(1)lot,except that commercial uses,shopping centers,apartment and condominium projects and manufacturing developments,all receiving site plan or Planned Unit Development approval,may be permitted to have more than one(1)building on a lot in accordance with standards of the zoning district in which they are located. C.Bulk:All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located;except,that parapet walls,chimneys,cooling towers,elevator bulkheads,water towers,stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. D.Division of Zoning Lots:No zoning lot improved with a building or buildings shall hereafter be divided into two (2)or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold unless all zoning lots resulting from each division or sale and improved with a building or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located. E.:Flag-lots only accessible via an easement shall not be permitted.Flag lots shall be avoided,except where necessary to overcome specific disadvantages of topography and orientation,and where limited access to a street exists. F.Building Height Measurement: Building Height shall be measured from the datum point established by the average of the two(2)grades along each side lot line where the front yard line meets the side lot lines to the highest point of the roof or parapet. 10-3-2: OPEN SPACE ON LOTS: A.Maintenance of Yards,Courts and Other Open Spaces:The maintenance of yards,courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence.Furthermore,no legally required yards,courts,other open space or minimum lot area allocated to any building shall,by virtue of change of ownership or for any other reason,be used to satisfy yard,court,other open space or minimum lot area requirements for any other building. B.Location of Required Open Space:All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group,except as otherwise permitted in planned development and planned open spaces. C.Required Yards for Existing Buildings:No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below,or further reduced below if already less than,the minimum yard requirements of this Title for equivalent new construction,except as provided in Section 10-10-7 of this Title. D.Permitted Obstructions in Required Yards:The following shall not be considered to be obstructions when located in the required yards specified(also refer to Table 1:Permitted Accessory Buildings, Structures and Obstructions): 1. In All Required Yards: a.Open terraces not over four feet(4')above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; b.Awnings and canopies adjoining the principal structure not exceeding three feet(3')or less into required yard', c.Steps four feet(4')or less above grade which are necessary for access to a zoning lot from a street or alley, d.Chimneys projecting eighteen inches(18")or less into the yard, e.Arbors and trellises; f.Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3- 2E of this Title. g.Flagpoles. h.Fences as regulated in Chapter 19 Fences, Screens and Walls of this Title. 2.In Front Yards: a.One story bay windows projecting three feet(3')or less into the yard; b.Ornamental light standards; c.Overhanging eaves and gutters projecting three feet(3')or less into the required yard. 3. In Rear Yards: a.Enclosed, attached or detached off-street parking spaces; b. Open off-street parking spaces, c.Accessory Buildings and Structures as regulated in Section 10-3-5 of this Title. d. Balconies,breezeways,open porches,and one-story bay windows projecting three feet(3')or less into the required yard: e. Overhanging eaves and gutters projecting three feet(3')or less into the required yard. f. Recreational equipment and clotheslines/racks, 4.In Side Yards: a.Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%)of the required yard width,but in no case exceeding thirty inches(30"); b.Air-conditioning units for a distance not exceeding ten percent(10%)of the required yard width,but in no case exceeding twelve inches(12"). E.Comer Clearance:There shall be no buildings,structures or landscaping which obstruct vision on any corner lot between a height of two feet(2')and a height of ten feet(10')above the finished grade of either street within a forty foot(40')triangle formed by the intersecting street lines. F.Encroachment into Required Yards: It shall not be deemed a violation of the yard requirements of this Title if an existing residential building or structure encroaches upon a required yard under the following conditions: a.The encroachment does not exceed three(3)inches;and b.The building or structure does not encroach upon more than one required yard. 10-3-3: LOT AREA AND DIMENSION: A.Contiguous Parcels:When two(2)or more parcels of land,each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located,are contiguous and are held in one ownership,they shall be used as one zoning lot for such use. B.Lots or Parcels of Land of Record:Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use;provided,that yards,courts or usable open spaces are not less than seventy five percent (75%)of the minimum required dimensions or areas,except as provided in Section 10-10-7 of this Title. 10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development,not more than one principal detached residential building shall be located on a zoning lot,nor shall a principal detached residential building be located on the same zoning lot with any other principal building, 10-3-5: ACCESSORY BUILDINGS AND STRUCTURES: A.Permitted Accessory Buildings and Structures: sheds;tool rooms;similar buildings or structures for domestic or agricultural storage;gazebos;green houses;play ground equipment;pools; recreational courts;playhouses; stables;garages and parking structures.Refer to Table l:Permitted Accessory Buildings,Structures and Obstructions. B. Location:No part of any accessory building or structure shall be located closer than five feet(5')from any side or rear property line.No accessory building or structure shall be closer than ten feet(10')to any main building or closer to the public way than the principal building on the lot. C.Time of Construction:No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. D.Height of Accessory Buildings or Structures in Required Rear Yards:No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet(15')in height. E.On Reversed Comer Lots:On a reversed corner lot in a residence district and within fifteen feet(15')of any adjacent property to the rear in a residence district,no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%)of the least depth which would be required under this title for the front yard on such adjacent property to the rear.Further,in the above instance,no such accessory building shall be located within five feet(5')of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. 10-3-6: ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title,every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. 10-3-7: TRAILERS; TENTS; BOATS: A. Trailers: For the purposes of this section, trailers shall include,but not be limited to,utility trailers,boat trailers,horse trailers,cargo trailers,camping trailers,and travel trailers. B. Permanently Affixing to Ground Prohibited:Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. C. Parking and Storage Restricted:Trailers shall not be parked or stored on any lot other than as lawfully permitted by this Code.Travel trailers shall only be located in lawfully established travel camp,trailer sales or manufacturing establishment or in accordance with Section 10-3-6D.However, in a residence district,no more than one trailer may be parked or stored openly in the driveway of a residential lot and shall not block the pedestrian way or sidewalk D. Trailers stored in the open on a residential lot shall not be located within the required side yard or front yard unless as permitted in Section 10-3-7B of this title.However,trailers may be stored openly in the rear yard of a residential lot,provided that it shall: 1. Be no closer than ten feet(10')to a side or rear lot line. 2. No trailer or other recreational vehicle as defined in Chapter 2 of this Title,shall be utilized for lodging or residential purposes unless as permitted in Section 10-3-7C. 3. Trailers shall not be connected to any utility for electricity,water,gas usage unless permitted for temporary parking in accordance with Section 10-3-7C. E. Temporary Parking:Temporary parking and use of travel trailers shall be permitted when a permit has been issued by the zoning officer for the following purposes: 1.Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty(30)day period. 2.Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building provided such trailers are located on the same or contiguous lot as the building being constructed. 3.Travel trailers permitted for temporary parking shall be stored as required in Section 10-3-7B of this Title. F. Tents:Tents shall not be erected,used or maintained on any lot,except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling.Temporary use of tents for religious,amusement and recreation,business or manufacturing purposes shall be allowed when a permit has been issued for such use by the zoning officer. G. Boats:Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling,provided,that it shall be located within the buildable area or in a rear yard and no major repair,disassembly or rebuilding operations are conducted thereon.(Ord. 1973-56A,3-28-1974) 10-3-9: PERFORMANCE STANDARDS: The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title,noise, smoke,odorous matter,vibration, toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to all residence or business districts. 10-3-10: HOME OCCUPATIONS The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the residential character of the surrounding residential uses.Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district.Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chapter 17 for the elimination of nonconforming use. In all residence districts,any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes. B. It is not conducted from a detached or attached accessory building,or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than twenty-five percent (25%)of the floor area,including the lookout basement,of the dwelling shall be devoted to such home occupation.If more than one(1)home occupation is operated in a residence, the combined total square footage devoted to all such home occupations shall not exceed twenty-five percent(25%)of the floor area of the dwelling. C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling,except one nameplate,no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted only by the residents of the dwelling,plus only one additional person not living on the premises. E. No electrical or mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F. The home occupation shall not generate traffic or deliveries beyond what is normally expected in the zoning district in which it is located and off-street parking for the occupational use shall be in accordance with the provisions of Chapter 18:Off-Street Parking and Loading of this Title. G Limited amounts of goods,commodities or stock in trade shall be received,retained,used or stored on,or physically transferred from the premises.Jobbing,wholesale or retail businesses,unless conducted entirely by mail,electronically or telephone,is prohibited. H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling, and not more than one pupil at one time in any other type dwelling unit. I. No permitted home occupation(s)shall interfere with the reasonable use and enjoyment of adjacent residential properties,such as,but not limited to, those home occupations that create any form of electro- magnetic interference or cause fluctuation in line voltage outside of the dwelling the home occupation is conducted. J. The home occupation does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district. K. The home occupation does not involve any illegal activity. L. In-Home Daycare/Childcare Services are permitted as home occupations subject to the following provisions: 1.Any person operating an in-home daycare/childcare service is required to obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service. 2.Any person operating an in-home daycare/childcare service is also required to obtain an operational permit from the Bristol Kendall Fire District, 3. In-home daycare/childcare services are limited to no more than twelve(12)children under the age of twelve(12)at any one time,or obtain special use permit approval for additional children pursuant to Chapter 6 of this Title. M. The following home occupations are prohibited: 1.Manufacturing business 2.Medical clinic or hospital 3.Animal hospital or kennel(animal grooming services are permitted) 4.Restaurant 5.Mortuary and funeral parlors 6.Any activity that produces noxious matter or employs or produces flammable matter or is in violation of Section t0-3-10 of this Title. 10-3-11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: When a use is not specifically listed in the sections devoted to"uses permitted",it shall be assumed that such uses are hereby expressly prohibited unless,by a written decision of the Zoning Administrator, it is determined that said use is similar to and not more objectionable than uses listed. CHAPTER 4 Zoning Administration and Enforcement Section: 10-4-1:Organization 10-4-2: Administration 10-4-3: Enforcement 10-4-4: Plan Council 10-4-5: Plan Commission 10-4-6: Zoning Board of Appeals 10-4-7: Variations 10-4-8: Appeals 10-4-9: Special Uses 10-4-10: Amendments 10-4-11: Annexations 10-4-12: Permits and Certificates 10-4-13: Rees and Penalties 10-4-1: ORGANIZATION A. The primary responsibility for implementing and administering this Title is hereby vested in the following bodies: 1. Zoning Administrator 2. Zoning Officer 3. Plan Council 4. Plan Commission 5. Zoning Board of Appeals 6. City Council B, Authority and Administrative Functions: This Chapter shall first set out the authority of each of the designated administrative bodies, and then describe the procedures and substantive standards with respect to the following administrative functions: 1. Issuance of building permits and certificate of occupancies 2. Plan Review 3. Variations 4. Appeals 5. Special Uses 6. Amendments 7. Annexations 8. Fees and Penalties 10-4-2: ADMINISTRATION A. Zoning Administrator: The Director of the Department of Community Development shall be the zoning administrator. Acting in this capacity, the Director of the Department of Community Development shall administer the provisions of this Title. B. Duties: The Zoning Administrator is duly appointed and shall enforce the zoning regulations in addition thereto,and in furtherance of such authority,shall: 1.Identify all nonconforming structures and uses. 2. Forward to the Plan Commission applications for amendments to the zoning Title text or map, special uses and County mile and one-half reviews. 3.Forward to the Zoning Board Appeals applications for appeals and variances. 4. Forward applications, site plans and related information to the Plan Council in all cases which require plan reviews as defined in Section 10-4-4 of this Chapter, and as required in specific zoning districts under the provisions of this Title. 5. Interpret the zoning regulations when questions arise,including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses,are of the same general character and permit their establishment. b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records of the zoning ordinance, including but not limited to, all maps,amendments,variations,appeals,and publications thereof. 7. Assist in providing public information relative to all matter pertaining to this Title and open records for public inspection,as deemed required by law. 8. Initiate, direct, and review, from time to time, a study of the provisions of this Title and administrative record of variances and appeals, and make reports of his/her recommendations to the City Administrator and the appropriate Board or Commission. 9. Administer the comprehensive plan and make interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies,and community need or benefit. 10.Delegate other duties as may be placed upon him/her by this Title. 10-4-3: ENFORCEMENT: A. Zoning Officer: The Chief Building Code Official,hereinafter referred to as the"officer",is designated as the zoning officer of the city. B. Duties:The Zoning Officer shall,with the exception of interpretations unless otherwise authorized,be responsible for enforcing this Title.Said officer shall have the power and shall see that the provisions of this Title are properly enforced and in furtherance of such authority,shall: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terns of this Title. 3. Issue violation notices requiring compliance within thirty (30) days and advising suspected violators of their right to appeal;and to issue citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Enforce all orders of the Zoning Board of Appeals and City Council. C. City Officers,Employees and Citizens: It shall also be the duty of all officers,citizens and employees of the city,particularly of all members of the Community Development,Engineering,Public Works and Police departments, to assist the zoning officer by reporting to him any new construction,reconstruction, improved land uses or upon any seeming violation. 10-4-4: PLAN COUNCIL: A. Purpose:To carry out the site plan review of applications and petitions related to concept plan,County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat. B. Members: The Plan Council is hereby created and may consist of the City Administrator, Community Development Director, City Engineer, Chief Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Emergency Medical Representative, and Fire District Representative. C. Meetings: The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. D. Duties: The Plan Council shall have the duties as set forth herein and as follows: 1. Review on all site plans and documents related to concept plan,County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat for compliance with City Ordinances,standards and policies. 2. Work cooperatively with the applicant(s)to find mutually acceptable site design and improvement solutions to specific site problems,in accordance to City Ordinances,standards and policies. 3. Prepare recommendations based upon review of site plans and documents to Commissions and/or Boards prior to holding of a public hearing on the application or petition. E. The City Administrator shall have final authority with regard to members and meeting schedule for the Plan Council. 10-4-S: PLAN COMMISSION: The city Plan Commission,which has been duly created by the Mayor as defined in Section 2-1-1 of the City Code, shall have the authority,responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for text amendments, map amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate,direct and review,from time to time,studies of the provisions of this title,and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this title. D. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the city. 10-4-6: ZONING BOARD OF APPEALS: The City Zoning Board of Appeals,which has been duly created by the Mayor as defined in Section 2-2-1 of the City Code,shall have the authority,responsibility and duties as set forth herein and as follows: A. To hear and decide appeals from any order,requirement,decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B. To hear and pass upon applications for variations from the terms provided in the zoning ordinance in the manner prescribed by and subject to the standards established therein. C. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. D. To enforce and make all decisions under the sign ordinance. 10-4-7: VARIATIONS: A. Authority:The Zoning Board of Appeals, after a public hearing,may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Zoning Board of Appeals holds a public hearing and makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. Unless otherwise specified herein,the Mayor and City Council shall have the final decision on variations. B. Application and Notice of Hearing: An application for a variation shall be filed in writing with the zoning administrator. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this section on which the Zoning Board of Appeals may act shall be submitted to the zoning administrator and acted on in the following manner: 1. The city clerk shall publish notice of a public hearing on such application for variation,stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 104-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. C. Standards for Variations: 1. The Zoning Board of Appeals shall not vary the regulations of this title,nor recommend to the City Council variation of this title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code are complied with in addition to the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. f The proposed variation is consistent with the official Comprehensive Plan and other development standards and policies of the city. 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title. D. Authorized Variations: 1. Variations from the regulations of this title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations,but by no more than twenty-five percent(25%). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. c.To permit the same off street parking facility to qualify as required facilities for two (2) or more uses provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations,whichever number is greater. e.To increase by not more than twenty five percent(25%)the maximum distance that required parking spaces are permitted to be located from the use served. f. To allow for the deferment, or land banking, of required parking facilities for a reasonable period of time,such period of time to be specified in the variance. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. h.To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. 2.The concurring majority vote of the Zoning Board of Appeals members shall be necessary to grant a variation. 3. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation.The concurring vote of two-thirds(`h)of all members of the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. E. Action of the Zoning Board of Appeals: 1.The Zoning Board of Appeals,on those matters defined as authorized variations,shall render a decision of approval, approval with conditions,or disapproval based upon the findings of fact as defined in subsection C of this Section for final action. 2. The Zoning Board of Appeals, on all other variations which shall be granted by the City Council,shall make recommendations to the City Council for approval,approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action or for referral back to the Zoning Board of Appeals for further consideration. F. Revocation: Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance,unless extended by the Zoning Administrator. 10-4-8: APPEALS: A. Purpose:An appeal may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination made by the Enforcing Officer, by any person aggrieved by the action taken under the regulations of this Title. The Zoning Board of Appeals shall hear the appeal and forward its recommendation(s)to the Mayor and City Council for final determination. B. Initiation:An appeal maybe taken within forty-five(45)days of the action complained of by filling with the Enforcing Officer a notice of appeal specifying the grounds thereof, who shall forward such appeal to the Zoning Board of Appeals. C. Public Hearing: A public hearing shall be conducted by the Zoning Board upon every appeal.Notice of the hearing shall be posted at least twenty-four(24)hours in advance of said public hearing in the City Clerk's office, D. Decisions:The Board of Appeals may recommend to reverse or affirm,wholly or partly,or may modify the order,requirement,decision,or determination relating to this Title, made by the Enforcing Officer and said recommendation shall be forwarded to the Mayor and City Council for final determination. 10-4-9: SPECIAL USES: A. Purpose: The development and execution of this Title is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however,that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location.Such special uses fall into two(2)categories: 1.Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the Zoning Administrator and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. Such application shall be forwarded from the Zoning Administrator to the Plan Council for review and Plan Commission for public hearing and recommendation to the Mayor and City Council. D. Hearing on Application for Special Use: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing and acted on in the following manner: 1. The city clerk shall publish notice of a public hearing on such application for variation,stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the lime, place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 104-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. E. Authorization: For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite there from, such special use shall not be granted except by the favorable vote of two-thirds ('l,)of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed special use and a copy upon applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed special use. F. Standards: No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminishes and impairs property values within or near the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. b. The proposed special use is not contrary to the objectives of the Official Comprehensive Plan of the city as amended. G. Conditions and Guarantees: 1. Prior to the granting of any special use, the Plan Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection H. 2. In all cases in which special uses are granted the Plan Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the special use are being and will be complied with as required. H, Action of the Plan Commission: 1. The Plan Commission shall make recommendations to the City Council to grant or deny an application for special use, and may establish such conditions and restrictions as defined in subsection G. above for final action. The City Council may grant or deny, by ordinance, any application for special use or refer back to the Plan Commission for further consideration. 2. Any application for a special use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Plan Commission shall not be approved except by the favorable vote of two-thirds (213) of all the members of the City Council, and any special use application which receives the favorable recommendation or favorable recommendation with conditions from the Plan Commission may be denied by a majority vote of the City Council. 1. Effect of Denial of Special Use:No application for special use,which has been denied wholly or in part by the City Council, shall be resubmitted for a period of one (1) year from the date of said denial, except on the grounds of new evidence or proof of change of conditions. F. Revocation: In any case where a special use has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless it is in place and in active use within three(3)years of the date of issuance,unless extended by the Zoning Administrator. 10-4-10: AMENDMENTS: A. Initiation of Amendments: Text Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals , City official, majority beneficiary of land trust, contract purchaser or any property owner. Map Amendments may be proposed by the owner of the property involved, the Mayor and City Council, the Plan Commission,the Zoning Board,or other City official. B. Processing: 1. Filing of Application, Contents: An application for an amendment shall be filed with the Zoning Administrator. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded to the Plan Commission with the request to hold a public hearing. 2. Hearing: Upon receipt in proper form of the application and statement referred to above,the Plan Commission shall hold at least one public hearing on the proposed amendment.However,the Plan Commission may continue from time to time the hearing without further notice being published. 3. Notice of Public Hearing: a. The city clerk shall publish notice of a public hearing on such application for amendments, stating the time,place, and purpose of the hearing, at least fifteen(15)but not more than thirty (30)calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet(500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. c. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. d. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-713 of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. 4. Findings of Fact and Recommendation of The Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same,together with its recommendations to the Mayor and City Council. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a.The existing uses and zoning of nearby property. b. The extent to which the property values are diminished by the particular zoning restrictions. c. The extent to which the destruction of property values of plaintiff promotes the health, safety,morals or general welfare of the public. d. The relative gain to the public as compared to the hardship imposed upon the individual property owner. e. The suitability of the subject property for the zoned purposes. f. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity if the subject property. g.The community need for the purposed use. h. The care to which the community has undertaken to plan its land use development. C. Decisions: 1. Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting shall be required to recommend granting or denying an application for an amendment. b. Report to the City Council shall contain number present and number of votes for/or against the motion. 2. Mayor and City Council: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission,may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six(6)months of the date upon which such application is received by the Mayor and City Council,it shall be deemed to have been denied. 10-4-10: ANNEXATIONS: A. Petition for Annexation: All annexations shall be initiated by the filing of a petition with the Zoning Administrator.Such petitions shall be verified under oath by all the record title owners,including mortgage holders,of all the lands included within the annexation. B. Request for Zoning Amendments or Variations: 1. Process: All petitions for annexation agreement requesting a zoning classification other than the R-1, Single Family Suburban zoning classification which is assigned to lands annexed to the city not requesting a rezoning, or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the city. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in section 10-4-13 of this chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. Public Notice and Hearing for Zoning Amendments and Variations in Annexation Agreements: The Plan Commission shall hold a public hearing on the zoning amendment aspects of annexation agreements in the following manner: a. The city clerk shall publish notice of a public hearing on such application for variation, stating the time,place,and purpose of the hearing,at least fifteen(15)but not more than thirty(30)calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary.The notice shall state the time,place, and purpose of the hearing, and shall be sent not more than thirty (30) calendar days in advance of the hearing. c. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. d. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served,and attach thereto all United Stales Post Office return receipts as documentation of compliance with provisions in Section 104-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. In the event that a zoning variation is being requested as part of the annexation agreement, the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the annexation agreement. C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the city, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the city shall set the time and place of public hearing and the city clerk shall cause notice of the said hearing to be published in the manner specified in subsection B of this section above. At the conclusion of the hearings before the city Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations,the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement.. 10-4-12: PERMITS AND CERTIFICATES A. Building Permit: 1. Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection,reconstruction,enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this title. 3. Site Plan:Every application for a building permit submitted to the officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot,yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. A. Certificate of Occupancy: 1. A certificate of occupancy to be issued by the officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a.Occupancy and use of a building hereafter erected or enlarged. b.Change in the use of an existing building. c.Occupancy and use of vacant land except for the raising of crops. d.Change in the use of land to a use of a different classification except for the raising of crops. e.Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued. B. Application for Certificate;Action On: I. Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be acted upon within three(3)business days after a written request for the same has been made to the officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this title. 2. Written application for a certificate of occupancy for the use of vacant land,or for a change in the use of land or of a building, or for a change in a nonconforming use,as herein provided,shall be made to the officer. If the proposed use is in conformity with the provisions of this title, the certificate of occupancy therefore shall be issued within three (3) business days after the application for the same has been made. C. Temporary Certificate of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the officer for a period of not more than six(6)months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed,but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. D. Contents of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title. E. Records Kept:A record of all certificates of occupancy shall be kept on file in the office of the officer and a copy shall be forwarded, on request,to any person having proprietary or tenancy interest in the building or land affected. 10-4-13: FEES AND PENALTIES: A. Petitions pertaining to Annexation, Zoning Amendment, Special Use, Variances shall be responsible for application and application review fees as provided in Section 1-7-9 of this Code. B. Any person who violates,disobeys,omits,neglects, and refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1-4-1 of this Code. CHAPTER 5 Zoning Districts and Maps 10-5-1: DISTRICTS ESTABLISHED: For the purpose and provisions herein,Yorkville is hereby organized into sixteen(lb)districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title FZoninlz District IMinimum Acres Chapter 9 1 Agricultural District --- Chapter 10 Open Space Chapter 11,Article A FE-1 Estate District 1 Chapter 11,Article B R-1 Single-Family Suburban Residence District 10 Chapter 11,Article C R-2 Single-Family Traditional Residence District 10 Chapter 11,Article D R-2 Duplex,Two-Family Attached Residence District --- Chapter 11,Article E R-3 Multi-Family Attached Residence District 5 Chapter 11,Article F R-4 General Multi-Family Residence District 2 Chapter 11,Article G CDD Conservation Design District --- Chapter I2,Article A 10 Office District 1 Chapter 12,Article B B-1 Limited Business District 1 Chapter 12,Article C 8-2 General Business District 2 Chapter 12,Article D B-3 Service Business District 2 Chapter 12,Article E [11-4 Business District 2 Chapter 13,Article A M-1 Limited Manufacturing District 10 Chapter 13,Article B M-2 General Manufacturing District 10 10-5-2: ZONING MAP: The boundaries of the zoning districts designated in Section 10-5-1 of this Chapter are hereby established as shown on the latest edition of the map entitled"Zoning Map:The United City of Yorkville",,which said map shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon,were fully set forth and described herein. 10-5-3: DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A. District boundary lines are either the center lines of railroads, highways,streets, alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the map measured at right angles from the center line of the street or highway,and the length of frontage shall be in accordance with dimensions shown on the map from section,quarter-sections or division lines,or center lines of streets,highways or railroad rights of way unless otherwise indicated. C. Where a lot held under single ownership and of record on the effective date hereof is divided by a district boundary line,the entire lot shall be construed to be within the less restricted district;provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet(25'). 10-5-4: ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated,shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets,public ways,or waterways and railroad rights of way.Where the center line of a street, alley,public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated,shall be deemed to be the same as that of the abutting property up to such center line. 10-5-5. ZONING OF ANNEXED LAND: Any territory or land hereafter annexed to the City shall automatically, upon such annexation be classified within the R-1 Residential District and be subject to all conditions and regulations applicable to land in such district until such land is subsequently rezoned; or the owner if owners of the territory or land to be annexed voluntarily enter into an annexation agreement which specific zoning classification and other restrictions affecting said territory or land concurrently with the petition for annexation and pursuant to Section 10-4-10 of this Title. 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R 0 1 CHAPTER 8 Planned Unit Development SECTION: 10-8-1: Purpose and Intent 10-8-2: Authority 10-8-3: Definition and Size Limitations 10-8-4: Procedures for Establishment 10-8-5: Pre-Application Conference 10-8-6: Concept PUD Plan Review 10-8-7: Preliminary PUD Plat 10-8-8: Final PUD Plat 10-8-9: Amendments or Minor Revisions to PUD Plat 10-8-10: Conditions for Approval 10-8-11: Development Standards and Design Criteria 10-8-12: Fees 10-8-13: Separability 10-8-14: Effective Period of Planned Unit Development 10-8-15: Effective Date 10-8-1: PURPOSE AND INTENT: Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as"Special Uses" under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly,in the immediate surroundings,than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD;then the amount of open space,retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping(in terms of size of landscape areas and quantity and quality of landscape materials)within the developed par-Lions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited.Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Providelenhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-8-2: AUTHORITY: A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification,or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-8-3: DEFINITION AND SIZE LIMITATIONS: A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two(2) acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten (10)acres in area. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-8-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents.Detailed plans,drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages.The approval process shall include the following stages: 1. Pre-Application Conference- Introductory meeting held with City staff as set forth in Section 10-8-5 of this Chapter. 2. Concept PUD Plan Review- An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-8-6 of this Chapter. 3. Preliminary PUD Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission;and final determination is made by the City Council, as set forth in Section 10-8-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council, as set forth in Section 10-8-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-8-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1.Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to riling an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff,but is at no charge to the petitioner.At such conference,the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; C. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested;and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development.(Ord.200640,5-23-2006) 10-8-6: CONCEPT PUD PLAN REVIEW: A. Purpose:The presentation of a Concept PUD Plan is optional.The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a I0" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years, The aerial photograph exhibit shall be one-inch equals one-hundred (1"= 100)scale, but no less than one-inch equals four hundred(1"=400)and shall include the following: a.Title or Name of the proposed Planned Unit Development. b.Outline of property boundaries. c.Adjacent area within one-fourth(tla)mile of property. 3. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses(including open space)with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development, d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g.A list of requested exceptions to applicable city ordinances and codes. 5. A written description of general site information that should include, but shall not be limited to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. h. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development,and shall include the following: a.North arrow(true meridian),scale and date of preparation. b.Name and address of the site planner,or engineer who prepared the plan. c.Name of property owner. d.Name of petitioner/developer, e.Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g.Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space,streets,parking areas, lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-8-7: PRELIMINARY PUD PLAT: A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure:Not less than forty five(45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form, two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (114) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations. This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum,the following information: a. Title notation stating"Preliminary Plat"or"Preliminary Plan". b. North arrow,scale(not less than 1 inch equals 100 feet)and date of preparation. c. Name and address of the site planner,engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. J. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures;and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within live hundred feet(500')of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. .Existing easements location,width and purpose, q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width,existing and proposed center lines,pavement type,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. L. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent('/z%)along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent ('/z%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain,as determined by the City Engineer or an outside consultant,shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an accurate overview of the proposed development. 7.Preliminary landscape plan indicating the name,variety,size,location and quantities of plant material for all common and dedicated areas including parkways,buffer areas, storm water basins, wetlands, entry areas,medians,and parking lot islands.The landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan, The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas,as well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stonnwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a.Typical elevations(front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10.Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 1 i. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, of the following for review and evaluation: a. Fiscal impact study,detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development.Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to, the effects on discrete ecosystems,deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives,transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The .Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public hearing and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-8-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures,and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure:Not less than forty five(45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put,including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings,and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. ii. Each stage as a separate unit.The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to, parks,schools,recreational areas,etc.,shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants,conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole,or any part, of the property of the Planned Unit Development have been paid. 10-8-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than live percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-8-11: Development Standards and Design Criteria. vi. Any significant changes in building layout,orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative(when applicable)with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10:Amendments of this Title. E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD, as set forth therein. 10-8-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards From the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility, beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 104-9 of this Title. 10-8-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request, D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet(200')from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: a.Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys, c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28) and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-8-12: FEES: The City Council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be filed in the clerk's office and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.(Ord. 2006-40,5-23-2006) 10-8-13: SEVERABILITY: Each section,clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions on this chapter. (Ord.2006-40,5-23-2006) 10-8-14: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner.The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods.Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development.The owner shall be notified, in writing, at least thirty(30)days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited lo, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development; and e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-8- 140,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction, or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a"major change" to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-8-15: EFFECTIVE DATE: This ordinance shall be in full force and effective immediately after passage, approval and publication in book fort according to law, and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. Chapter 9 A-1 AGRICULTURAL DISTRICT 10-9-1: PURPOSE: 10-9-2: USES PERMITTED: 10-9-3: SPECIAL USES: 10-9-4: ACCESSORY USES: 10-9-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-9-6: FLOOR AREA RATIO: 10-9-7: BUILDING PERMITS, CODE AND FEES: 10-9-8: FENCING RESTRICTIONS: 10-9-1: PURPOSE: The regulations for the agricultural district are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the city for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes.These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreational facilities; and to allow for interim adaptive reuse of marginal agricultural and or pasture lands pending the orderly redevelopment of the real estate for all other uses permitted under the various use districts under this title. 10-9-2: USES PERMITTED: A. Agricultural uses such as,but not limited to,the following: 1. Apiaries 2. Cultivation of non-food field crops and seeds used for cellulosic biofuels production 3. Farming of any kind related to floriculture,horticulture,orchards and viticulture 4. Forestation for farming or carbon sequestration 5. Greenhouses and nurseries 6. Grain elevators and storage 7. Stables or paddocks 8. Temporary roadside stand offering for sale only products homemade, handcrafted, grown, harvested,or cultivated. B. Single-family residential dwellings, provided that the occupants of the dwelling units are engaged in the agricultural activities on the premises and then only three (3) additional single-family dwellings shall be permitted for the total parcel zoned agricultural district and annexed to the city; regardless if later subdivided into separate parcels after annexation. However, in the event of approval for rezoning to a residential use on the subject parcel or any portion thereof,this section shall not apply. 1. The City Council reserves the right to require issuance of a residential building permit within an agricultural district prior to annexation, subject to the City Council's approval of the residential building site, with regard to its compatibility with the planning objectives, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. C. Auction House I. All buildings and structures utilized for the conduct of an auction shall be located not less than three hundred feet(300') from any lot line. D. Signs: As permitted and regulated pursuant to the applicable provisions of this code. 10-9-3: SPECIAL USES: Agricultural sales,storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed,storage preparation,mixing and wholesale and retail. Animal hospitals provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Bed and Breakfast Inn. Blacksmith or welding shops. Cemeteries,including crematoriums and mausoleums provided no building shall be located less than one hundred feet(100')from a lot line. Religious institutions(small and large). Colleges and universities,including dormitories,fraternities,sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish,poultry and livestock provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Commercial or private dog kennels provided that they are located not less than eve hundred feet(500') from a residential lot line. Communications use. Daycare facilities and preschools. Fertilizer sales,including bulk storage and mixing. Golf courses,miniature golf courses and driving ranges,provided that no clubhouse or accessory building shall be located less than three hundred feet(300') from a lot line. Hospitals for human beings,provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Milk processing and distribution,including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses,wholesale and retail,provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds,carnivals,circuses,race tracks and other similar amusement centers and including places of assembly devoted thereto,such as stadiums and arenas. Philanthropic institutions. Planned Unit Developments (PUDs) in accordance with the regulations as set forth in Chapter 8 of this Title. Private clubs or lodges,except those the chief activity of which is a service customarily carried on as a business. Private recreational area,trailer park/camp or campgrounds. Public utility and public services, including electric substations; repeater stations;microwave relay towers and stations; mobile transmitting tower and stations,antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity;water filtration plants;water pumping stations;water reservoir and similar uses. Public utility and service facilities, including fire and police stations. Railroad passenger depots. Railroad right of way and trackage, including classification/switching yard,terminal facilities,piggy-back facilities or maintenance facilities. Rest homes,nursing homes,hospitals and sanitariums,institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards,wholesale or retail, for agricultural products including,but not necessarily limited to, fruits, vegetables,flowers,plants,etc. Salvage yard,provided that no wrecking and/or crushing activities are permitted on the property and all vehicular storage,buildings and accessory structures are located no closer than three hundred feet(300')from any lot line. Seminaries,convents,monasteries and similar religious institutions including dormitories and other accessory uses required for operations Solar Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. Wind Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. 10-9-4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet(100') from a lot line. B. Roadside stands in the immediate area of the premises but not including live animals and provided that such stands shall not contain more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off- street parking. Temporary roadside stands of portable or sectional construction shall be subject to a temporary permit for a period not to exceed six (6)months, and such stands are to be removed when not in use. 10-9-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Building Setbacks: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares,(Routes 34,71, 126 and 47)two hundred feet(200')from the right of way. 2.All other streets or roads,one hundred feet(100')from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet(50'). C. Building Height: Residential structures shall have a maximum height of thirty (30) feet, however, grain silos shall not exceed a height of one hundred (100) feet; all other buildings and structures shall have a maximum height of eighty(80) feet. I0-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 10-9-7: BUILDING PERMITS, CODE AND FEES: All existing buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. All new construction for buildings, accessory uses and structures on agriculturally zoned property shall adhere to all requirements for building permits,codes and fees. 10-9-8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) Chapter 10 OS-1 OPEN SPACE DISTRICT (PASSIVE) 10-10A-1: PURPOSE: 10-10A-2: USES PERMITTED: 10-10A-3: SPECIAL USES: 10-10A-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: 10-10A-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-10A-6: FLOOR AREA RATIO: 10-10A-1: PURPOSE: The land use regulations established for the OS-1 Open Space District are intended to govern the use of city- owned passive green space and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as open space, passive recreational areas, and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide for the protection, conservation and utilization of high-quality natural resources; preservation of wildlife habitats; creation of scenic vistas; provision of public gathering areas or facilities for safe and accessible outdoor space; connectivity between other green infrastructure via bike and hiking trails and paths; and maintain or establish appropriate buffers between differing land use types or intensities. 10-10A-2: USES PERMITTED: A. The following uses shall be allowed in this district: . Bicycle trails. 2. Community gardens. 3. Conservation areas. 4. Hiking paths. 5. Parks. 6. Stormwater detention facilities. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-1 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10A-3: SPECIAL USES: A. The following special uses shall be allowed in this district: 1. Cemeteries. 2. Agricultural uses as provided in Chapter 9 A-1 Agricultural District. 3. Public utility facilities, including electric substations and distribution centers, gas regulation centers and underground gas holder stations. 4. Wind energy systems,small. 5. Solar farms. 6. Solar panels, free standing. 7. Municipal Public Works facilities. 10-10A-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-1 Open Space District: 1. Arbors,gazebos,pergolas, and pavilions. 2. Bicycle racks. 3. Commercial radio,telecommunication and television towers, antennas and facilities. 4. Parking lot or facilities. 5. Picnic tables,bleachers and tents. 6. Playground equipment. 7. Public sculpture gardens. S. Sheds. 9. Outside storage of park related materials. 10. Other uses,buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-1 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be pennitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10A-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30) feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building height shall be six(6)stories or eighty feet(80'). 10-10A-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use pennit is granted. Chapter 10 OS-2 OPEN SPACE DISTRICT (RECREATIONAL) 10-1011-1: PURPOSE: 10-1OB-2: USES PERMITTED: 10-1011-3: SPECIAL USES: 10-1011-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: I0-10B-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-1011-6: FLOOR AREA RATIO: 10-1013-1: PURPOSE: The land use regulations established for the OS-2 Open Space District are intended to govern the use of city- owned recreational areas and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as active recreational areas, public gathering areas or facilities and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide safe and accessible indoor and outdoor leisure and entertainment space for the general public while maintaining or establishing an appropriate buffer between differing land use types or intensities. 10-1013-2: USES PERMITTED: A. The following uses shall be allowed in this district: 1. All permitted uses in the OS-1 Open Space District. 2. Community center. 3. Playgrounds. 4. Recreation center. 5. Rooftop wind energy systems. 6. Roof mounted solar panels. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-2 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-1013-3: SPECIAL USES: A. The following special uses shall be allowed in this district: 1. All special uses permitted in the OS-1 Open Space District. 2. Boat sales and rental. 3. Boat storage. 4. Campgrounds. 5. Golf course. 6. Golf driving range. 7. Skating rink. 8. Stadium. 9. Indoor swimming pool. 10. Daycare facility,adult. 11. Daycare facility,child. 12. Marina. 10-10B-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings,and structures shall be allowed in the OS Open Space District: 1. Accessory buildings including, but not limited to, indoor recreation and fitness facilities, clubhouses,washrooms,maintenance buildings and storage lockers. 2. Outside storage of park related materials. 3. Sheds. 4. Arbors,gazebos,pergolas, and pavilions. 5. Public sculpture gardens. 6. Commercial facilities, including concession stands when ancillary to the operation of the public recreational use. 7. Outdoor cabanas,showers,and changing areas. 8. Privately operated recreational facilities open to the general public. 9. Tennis courts. 14. Picnic tables,bleachers and tents. 11. Playground equipment. 12. Bicycle racks. 13. Skate park/ramps. 14. Other uses,buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-2 Open Space District subject to conditions,as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10B-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30)feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10) feet or a distance equal to 50%of the building height, whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building height shall be six(6)stories or eighty feet(80'). 10-1013-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. Memorandum EST. -� 1836 To: Zoning Commission © z From: Lisa Pickering, Deputy Clerk W � p Date: October 20, 2011 LdAG.,M Subject: Zoning Commission Meeting Schedule for 2012 The Clerk's Office is in the process of publishing the City's master meeting list for 2012. Listed below is a tentative schedule for the Zoning Commission meetings for 2012. The proposed schedule has the Zoning Commission meeting the 4th Wednesday of each month at 7:00 p.m. Please discuss this schedule at the Zoning Commission meeting and decide if you have any changes to the dates or meeting time. Zoning Commission 4th Wednesday — 7:00 pm January 25 July 25 February 22 August 22 March 28 September 26 April 25 October 24 May 23 November 28 June 27 December 26