Zoning Commission Packet 2011 01-26-11 United City of Yorkville
'`'` 800 Game Farm Road
EST. , _ 1836 Yorkville, Illinois 60560
.4 Telephone: 630-553-4350
a p� Fax: 630-553-7575
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AGENDA
ZONING COMMISSION MEETING
Wednesday, January 26, 2011
7:00 P.M.
Parks & Recreation Administration Office
201 W. Hydraulic
1. Welcome
2. Roll Call
3. Citizen's Comments
4. Approval of November 17, 2010 meeting minutes
5. Old Business:
a) Continued Review and Commentary of Previously Revised Zoning Chapters
• Chapter 2: Rules and Definitions—pages 3 and 16
• Chapter 3: General Zoning Provisions—pages 27, 30 and 31
• Chapter 4: Zoning Administration—pages 33, 34, 39, 41, 42, 43 and 46
• Chapter 5: Zoning Districts and Maps—pages 40 and 41
• Chapter 6: Permitted and Special Uses—pages 1 and 5
6. New Business:
a) Review and Commentary
• Chapter 7: Dimensional and Bulk Regulations
• Chapter 8: Planned Unit Developments
7. Adjournment
8. Next meeting date: February 23, 2011
UNITED CITY OF YORKVILLE
ZONING COMMISSION
Wednesday, November 17, 2010 7:00pm
Parks & Recreation Administration Office
201 W. Hydraulic Ave.
Minutes for the November 17, 2010 meeting will be provided at the
next regularly scheduled Zoning Commission meeting.
Memorandum
EST. 1836
--�- To: Zoning Ordinance Commission
pFrom: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
<LE ��'� Date: January 21, 2010
Subject: Zoning Ordinance Update—OLD & NEW BUSINESS ITEMS
Per the discussion and recommendation of the Zoning Commission at the November 17th
meeting and a further review by the City Attorney, the following subsequent revisions of the
previously reviewed chapters are proposed for consideration. Please note only the pages that
have been revised are attached:
Chapter 2: Rules and Definitions
• Page 3 inserted the word "not" in Section 10-2-2.1-1 to read "Words or terms
contained in this Title which are not defined hereafter, shall assume definitions
are prescribed in the most current edition of the Merriam-Webster unabridged
dictionary."
• Page 16 removed the following sentence from the definition of RECREATION
VEHICLE, "Recreational vehicles shall include any mobile structure designed for
temporary occupancy, but shall exclude mobile or manufactured homes."
This Chapter regarding definitions will need to be revised throughout the review process, as
the updating of each Chapter may include new terminology.
Chapter 3: General Zoning Provisions
• Page 27 regarding "laundry drying equipment".
• Page 30-31 regarding Section 10-3-10: Home Occupations.
Chapter 4: Zoning Administration
• Page 33 regard duties and authority of the zoning administrator.
• Page 34 removed "Plan Commission" from Section 10-4-3.13.6 regarding
enforcement duties for the Zoning Officer.
• Page 39 removed the word "elected" with reference to the phrase "elected
members of the City Council".
• Page 41 regarding the following:
• Inserted the words "or near" in Section 10-4-9.F.2.
• Removed requirement that special uses are to conform to the other
applicable regulations of the district it is located, except those modified by
the city council pursuant to the plan commission's recommendation. This
was reviewed by the city attorney's office and deemed not necessary to
state, as it is already implied in the special use process.
■ Removed the word"above" at the end of Section 10-4-9.G.1.
• Page 42 capitalization of"Plan Commission" in Section 10-4-10.B.1.
• Page 43 removed language regarding "with a minimum of three (3) concurring
votes" per Zoning Commission direction. The revised language was reviewed by
the city attorney's office which concurred with removing this specific language,
as it could lend itself to having the vote of the majority present overruled if three
(3) concurring votes are in opposition.
• Page 46 removed the sentence "Written application for a certificate of occupancy
for a new building permit or for an existing building which has been enlarged
shall be made at the same time as the application for the zoning permit for such
building."
Chapter 5: Zoning Districts and Maps
• Page 40 inserted the phrase "latest edition of the Zoning Map".
• Page 41 — Staff was asked to research examples within the community that
currently apply to Section 10-5-3.0 which states as revised "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')."
The following are existing lots within Yorkville divided by a zoning district
boundary line or "split zoned" were this regulation currently applies (refer to
attached zoning map images):
1. A ±122-acre lot located east of Eldamain Road and north of
Corneils Road across from the Lincoln Prairie development
(Konicek Property) was annexed in 2000 and is currently split-
zoned M-1 Limited Manufacturing District and M-2 General
Manufacturing District. The property is currently undeveloped.
2. A ±0.45-acre lot located at 1210 Sunset Avenue annexed in 1971
as part of the Countryside Development is currently split-zoned B-
2 General Business District and R-2 One-Family Residence
District and currently used for residential.
3. A ±0.753-acre lot located at 328 E. Van Emmon Street petitioned
for and was approved for rezoning in 1998. It is currently split-
zoned R-2 One Family Residence District and B-4 Business
District Special Use and utilized for a residential dwelling and
radiator repair business.
Chapter 6: Permitted and Special Uses
• Pages 1 and 5 regarding designation of certain permitted and special uses by
category. Staff was also asked to provide additional research with regard to
permitted and special use designation for religious institutions. Please refer to the
attached opinion from the City Attorney regarding land use protections per the
Religious Land Use and Institutionalized Persons Act(RLUPIA).
Chapter 7: Dimensional and Bulk Regulations
• Dimensional and Bulk Regulations table was revised to include the Open Space
(OS) zoning district and associated setbacks and maximum height requirements.
Chapter 8: Planned Unit Developments (PUD)
The most significant proposed change to this chapter is the reversion back to establishing
a Planned Unit Development as a Special Use rather than a district. This is in conformance with
65 ILCS 5/11-13-1.1 of the Illinois Statutes. The attached proposed revisions to the Planned Unit
Development Ordinance adopted in 2006 reorganizes the sections and add review/approval
provisions which address current issues faced with development stalls in a slow economy. There
is also an added provision which now requires the approval of a Final Plat for Planned Unit
Developments.
Staff is seeking the feedback on a proposal to allow for an alternative or "fast track"
review process for those Planned Unit Development plans which forwards the city's official
development policies (i.e., Comprehensive Plan, Integrated Transportation Plan, etc.); seeks
limited zoning variances; and exceeds the standards and regulations of other ordinances
(Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guideline
Ordinance, etc.). This can be accomplished by using a scorecard or point system which will rank
and give points based upon how the proposed PUD Plan meets or exceeds the criteria of the
plans and ordinances mentioned previously. If the plan scores high enough, the petitioner can
shorten the review process from four (4) steps to either two (2) or three (3) steps by having the
Preliminary PUD Plat and Final PUD Plat review occur concurrently. Staff proposes the Plan
Council makes the determination if the PUD plan qualifies for the "fast track" during the
Concept Plan review process.
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From: Jim W. Binninaer
To: Krysti Barksdale-Noble
Subject: RLUIPA
Date: Wednesday,December 01,2010 11:50:28 AM
Krysti,
After our conversation regarding the issue of the zoning classification for churches,
you requested that I forward my comments on the issue of the Religious Land Use
and Institutionalized Person Act (RLUIPA) and how churches should be classified in
the Zoning Code.
RLUIPA is a federal statute that was intended in the religious land use context to
protect individuals, houses of worship and other religious institutions from
discrimination in zoning laws. The statute has both a "substantial burden" provisions
and a "non-discrimination" provision. The substantial burden provision requires land-
use regulations that substantially burden religious exercise to be the least restrictive
means of advancing a compelling governmental interest. The non-discrimination
provision prohibit land-use regulations that either disfavor religious uses relative to
non-religious uses or unreasonably exclude religious uses from a particular zoning
district.
Recent cases, like the case involving the Village of Hazel Crest, have developed a
test that provides that a zoning regulation will violate the non-discrimination provision
only if it treats religious assemblies or institutions less favorably than secular
assemblies or institutions that are similarly situated as to the regulatory purpose.
An example of what the courts find to violate this Act is when a zoning ordinance
prohibits churches in commercial zones because they are tax-exempt and do not
provide sales taxes to the municipality but allow other clubs or assembly uses in that
zone that are also tax exempt. This is not the case in the Zoning Code as churches
and other assembly uses are both allowed in Yorkville's commercial zones. It would
also be a problem if churches were special uses in the commercial zones and other
assembly uses were permitted.
The issue in the draft Zoning Code is how churches are allowed in residential zones.
Currently they are allowed as special uses. This by itself is not a problem, but we
need to look at how other assembly uses are regulated in residential zones.
Currently clubs/lodges, health clubs/gymnasium, recreation center, stadium and
theaters and not permitted in residential zones. Therefore, a religious use that is
allowed as a special use could not use those assembly uses as examples of unequal
treatment because they are at least allowed as a special uses and the other uses are
not allowed.
The concern is how the Zoning Code classifies community centers. Community
centers are assembly uses and very similar to churches but community centers are
allowed as permitted uses in residential zones. This is a problem as a church could
reasonably argue that such a similar use is allowed as a permitted use when they
have to apply for a special use. This would be a very good argument that the Zoning
Code violates RLUIPA by treating churches less favorably than non-religious
assembly uses. The City would be required to show how this was not discrimination
based on valid regulatory criteria.
Therefore it would be my recommendation to change community centers to special
uses to match the classification of churches.
Please advise if there are additional questions.
Jim Binninger
Kathleen Field Orr and Assoc.
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';the word"building":.,,a.des'"other
R--f e4l,ery kind regardless of similarity to buildifigs;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
neafesr 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.
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.
3
RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure and bearing
recreational vehicle registration license plates. Examples include but are not limited to,travel sailers,motor homes,
boats,snowmobiles,and all-terrain vehicles. Recreational vehicles shall include any mobile structure designed for
temporary occupancy,but shall exclude mobile or manufactured homes.
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 ofproducts,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 Ringehmann 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
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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.
e£Recreational equipment and latindr- an ing 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").
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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.
DF. 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 permitted-allowed when
a permit has been issued for such use by the zoning�drainis ratomfficer. Comment[KNoble9]:ibid.
EG. 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:OERFORMANCE STANDARDS: Comment[KNoble10]:Is this the appropriate
location for general comments regarding
The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title,noise, Performance standards.would it be more beneficial
smoke,odorous matter,vibration,toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to move this section to within the actual Residence
g p pp y and Business District chapters as a separate
to all residence or business districts. subsection,similar to the structure of the Estate
District?(Section 10-6A-7:Performance Standards)
10-3-10:NOME OCCUPATIONS - Comment[KNobleii]:section revised by staff
�10 update the regulations of home occupations to
The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the take into consideration contemporary application.
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°mem-h °P'"°famil•residing in thethe residents of the
dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for
dwelling 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 on ou lW a)
twenty-five percent(25%)of the floor area,including else-the lookout basement,of the dwelling
is-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 b ~ ` - `'`°`~' -°°a~° ~'" ~~°~°°°residents of the dwelling,
plus only one additional person,Wheth°°Or n°'a m-ember Rf Such F milt'not livin on n the premises.
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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.
F.
the premises that reqUiFe reeeipt or EleliveFy of merehandise,goods or e"ipment by othA.t!....U.S.lette.:
P.aFFip.r mail sen4ee or the passenger automobile of the person eonducting the home oceupation.
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.
(j. A home oeoupation eondueted by a professional person shall be only for Consultation,ifistruetion or
«erf.-. anee of religious rite,. b t not for the general praetiee of the fo f..sign
Comment[KNoblel2]:This revision was
removed per the ZC discussion at the 10/27/10
H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling meeting.
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 occupations)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.
9.Any person operating an in-home daycare/childcare service is also required to obtain an operational
permit from the Bristol Kendall Fire District. Comment[KNoble13]:Note:This revision is
based upon current discussion of proposed
3.In-home daycare/childcare services are limited to no more than twelve(12)children under the age of amendments to the city's building code and is
twelve(12)at any one time,or obtain special use permit approval for additional children pursuant to subject to change.
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 ogr oming services are permitted)
31
A.jZoning Administrator:The Director of the Department of Community,Development of an appointee shall
be the zoning administrator. Acting in this capacity, the Director of the DenaMnant of Community___ Comment[KNoblel]:per the zc discussion at
Development shall administer the provisions of this Title. the 10/27/10 meeting,removed the reference to
"authorized appointee".
B._Duties: The Zoning Administrator and sueh Oeptities or assistants �s have been, of shall , is duly — Comment[KNoble2]:ibid.
appointed and shall enforce the zoning regulations and-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.
110.Delegate other duties as may be placed upon him/her by this Title. Comment[KNoble3]: shall remain,per 2c
discussion at the 10/27/10 meeting.
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:
33
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 n3ayefMayor and eity-eeune-i Q!y Council not less frequently than once each
year.
C._To hear and deeide-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 APPEA ZONING BOARD OF APPEALS:
The City Zoning Beafd of Appeals Zoning Board of Appeals,which has been Only created�y the mayerMavor as Comment[KNoble8]:ibid.
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.
Comment[KNOble9]:Relocated under new
Section 10-4-12:Permits and Certificates
--ut Required:No building or suoeturp shall he erected,reconstructed,enlarged or moved
Permit Shall have been app!Od fiar in WFiting and issood by the effieeP.Said permit shall be
-2.Gomplift"00'With
other infomat!
J a d A.rr,nXIFIG♦Tr. ()r, OC=GUn♦P�rnv. Comment[KNoble10]:Relocated under new
Section 10-4-12:Permits and Certificates
35
h- 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 C/O bf all
"-°°'��'°a«°a members_Jof the City Council shall be necessary to reverse the recommendations of the — Comment[KNoble13]:Term"elected"with
Zoning Board of Appeals. reference to"elected official"or"elected member"
has been removed throughout revised ordinance,
E. Action of the Zoning Board of Appeals: per ZC discussion at the 10/27/10 meeting.
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.
39
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 diminish and impair
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.
6. The proposed special use is not contrary to the objectives of the Official Comprehensive Plan
of the city as amended.
6.
eetmeil"""°""°"o dole recom-ftm----end-atinens ofthe plan commission _ - Comment[KNoblel4j:Standard removed per
Zoning Commission discussion at the 11.17.10
G. Conditions and Guarantees: meeting.
1. Prior to the granting of any special use,the Plan Commission may recommend and the Citv
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(2/3)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.
I. Effect of Denial of Special Use:No application for special use,which has been denied wholly 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.
41
F. Revocation:In any case where a special use has been arg nted 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.
10-4-110:AMENDMENTS:
A. Initiation of Amendments:Text Amendments may be proposed by the ruayerMayor and eiv C
Council,the plan-Elan eeinaissienCommission,the seniag-Zoning be Board of appeals-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:
I.-Filing 9f-of Application; Contents: An application for an amendment shall be filed with the
seeing Zoning adn3inistraterAdministrator.The application shall be accompanied by such plans
or data and such other information as specified by the plan--Plan emruuis, 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-Plan commissies.—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-Plan eetmaissietrCommission may continue from time to time the hearing without further
notice being published.
3. Notice of Public Hearing:
1. 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.
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 swom 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 Af�of Fact And-and Recommendation 0�of The Plan Commission:Within forty five
(45) days after the close of the hearing on a proposed amendment,the plan-Elan een3tnissien
42
Commission shall make written findings of fact and shall submit same, together with its
recommendations to the tnayerMayor and eity eeuneiWity 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.h*isfing uses a fpr,.peFt..within the general aFea of the prepeft-y in,.UeSt:,....The existing
uses and zoning of nearby property.
b.The zoning elassifieation of prepef4y within the geneFal area of the prepef4y in question.
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 plantiff 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 in question to the uses permitted under the
ing for the zoned purposes.
£ ,if any,"ieh have taken plaee sinee the day the prepei4y in Vestion
a in its Present zoning,.,,.ssifi. .: The length of time the propery has been
vacant as zoned considered in the context of land development in the area in the vicinity
if the subject propert y.
g•
conditions on said routes; the effect, if any, such feelassifieation and/of annexation
would have upon existing accesses to said routes;and the invact of additional aeresses
as requested by the petitioner upon 4affie and IM�Ap.eonditinRq-affl-d-flew an said ratites
The community need for the purposed use.
h. The care to which the community has undertaken to plan its land use development. Comment[Moble15]:Refer to memorandum
from City Attorney dated 8.18.09 as attached
C. Decisions: hereto.
1. Plan Commission:
a.The}plan-Plan eumrrussi 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
of th fee n. ,.,.neul(ring votes t.hall be required to recommend granting or denying an _ --- Comment[Moblel6]:Language removed per
application for an amendment. zoning Commission discussion at the 11.17.10
meeting?
b.Report to the 'City Council shall contain number present and number of votes
for/or against the motion.
2._MayerMayor And and Cityy EeunelCity Council:
a.The aiayerMayor and eity eatineiXity-Council,upon receiving the recommendation of
the plan-Plan cantos,enCommission,may grant or deny any proposed amendment in
43
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:
1. Written application for a certificate of occupancy for a new bui_ldin a for an ex_istin b_uildin
which has been enlarged
SAid ,.,._i fi.,,«,. hall be acted upon within three (3) business days after a ,_. Comment[KNoblel7]:Language removed
written request for the same has been made to the office after the erection or enlargement of based upon ZC discussion at the 11/17/10 meeting.
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
cony shall be forwarded,on request,to any person having proprietary or tenancy interest in the building or
land affected.
10-44413: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^°�rSection 1-7-9 of this eedeCode.
B Any person who violates, disobeys, omits, neglects, refusesand refuses to comply with or who resists
enforcement of any of the provisions of this title-Title shall be fined as provided in s°.�Section 1-4-1 of this
ee&Code.
46
CHAPTER 5
Zoning Districts and Maps
10-5-1:DISTRICTS ESTABLISHED:
For the purpose and provisions herein,Yorkville is hereby organized into sixteen(16)districts.The
minimum area that may constitute a separate or detached part of any zoning district shall be as follows:
Location In Title Zoning District Minimum Acres
Chapter 8-9 A-1 Agricultural District ---
Chapter 10 OS Open Space
Chapter 911,Article A E-1 Estate District 1
Chapter 911,Article B R-1 Single-Family Suburban Residence District 10
Chapter 911,Article C R-2 Single-Family Traditional Residence District 10
Chapter 911,Article D R-2 Duplex,Two-Family Attached Residence District
Chapter 911,Article E R-3 General-Multi-Farnily Attached Residence District 5
Chapter 911,Article F R11 General Multi-Family Residence District `
Chapter 11,Article G CDD Conservation Design District _
Chapter 4412,Article A O Office District
Chapter 4412,Article_B 13-1 Limited Business District
Chapter 4412,Article C B-2 General Business District 2
Chapter 4412,Article D B-3 Service Business District 2
Chapter 4412,Article E B14 Business District 2
Chapter 4-213,Article A M-1 Limited Manufacturing District 10
Chapter 4-213,Article B M-2 General Manufacturing District 10
10-5-2:ZONING MAPS:
The boundaries of the zoning districts designated in Section 10115-1 of this Chapter are hereby established
as shown on the latest edition of the maps entitled "Zoning Map: The United City of Yorkville", dated
,which said maps accompany and are made a part hereof and 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.
40
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 maps 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 maps-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 in-eneunder 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:
IAny 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. The Plan Commission shall
make findings of fact with respect to the appropriate zoning classification or classifications of the
annexed land and forward its recommendation to the City Council.) Comment[KNoblel]:This section heading
currently exists in the current City Zoning
Ordinance.The provisions presented here have
been slightly modified to be consistent with section
65 ILCS 5/7-1-47 of the Illinois Compiled Statutes.
41
Residential Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
S S
Mobile Home Park - - - - - - (10 acre min) (10 acre min) - - - - - - - -
Dwelling, Duplex - - P P P P - - -
P S S S S S
(h,nu sines (i,bus n P5 s (in business (in business (in business (in business
Dwelling, Multi-Family - - P P P - bldg) sldg) bldg) bldg) bldg) bldg) \ •
Dwelling,Single-Family P - P P P P P P P - - - - - - `='
Dwelling,Townhouse - - - - - P P P - - - - -
Institutional Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Cemetery S S S S S S S S P - - -
Religious Institution, Large S - S S S S S S S - P P P P S S
Religious Institution,Small S - S S S S S S - P P P P S S
Philanthropic institution S - S S S S S S 1
Hospital S - S S S S S S - P P P P - rF
Library - - - - - P P P P P - Q
Nursing home S - S S S S S S - P P -
College S - S S S S S S P P P P P -
School - - P P P P P P - - -
Commercial Uses
N
Zoning Districts
Ag I Open Space Residential Business Manufacturing Cl
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Adult Oriented Uses - - - - - - S S C
Agricultural implement sales and service S Nf
- - - - - - - S P - V1
Agricultural uses P S - - - - - - - - - - - Vf
Amusement park S - - - - - - - - - S S S S
S S S S
Antique Sales - - (in overlay) - (in overlay) - (in overlay) (in overlay) - - P P P P -
Auction House P - - - - - - - - - P -
Automobile rental - - - - - - - - P P P - -
Automobile repair - - - - - - - - - - - P P P P
Automobile sales and service/Open Sales Lot - - - - - - - - - P P - -
FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 1
Commercial Uses-Continued
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
S S
(appurtenant to (appurtenant to
Bakery - - - P P P P wW—[) wholesale)
Bank - - P P P P P -
Bed and Breakfast Inn S S S S - S S - S S S - -
Billiard parlor - - - - S P P P -
Boat sales and rental - - - - P P - ?
Boat storage - - S S S S
Bowling alley - - - P P P -
rt
lumber,coal,sand and gravel yards,and (D
yards for contracting equipment of public "%
agencies, or public utilities,or materials or _ _ _ S S M
equipment of similar nature, ready mix
batch plants,and asphalt manufacturing (D
plants %
Building material sales - - - - - P P - _3•
Campground S - - - - - r+
rF
Car Wash - - - P P P P (D
Club/Lodge - - P P P P P S Q
!rte
Commercial feeding of fish, poultry, livestock S - - - - - -
Commercial Laboratory - - P P P P P -
Community Center - P P P P - P P P P P P
M
Contractor facilities with outdoor storage - - - - - - S S A
Dance hall - - - - P P P - —•
Department store - - - P P P -
Dry cleaning establishment - - S P P P P - C
Dry cleaning plant - - - - S S N
Fertilizer sales with storage and mixture S
Gasoline service station - - - S S S S S
Golf Course S P P P P P P - - - -
Golf driving range S - - P P
Grain elevators and storage P - - - - - -
Grocery store - - - - P P P P -
Health club or gymnasium - - - P P P -
Heavy machinery and equipment rental
P P
business
Hotel/Motel P 1 P 1 P 1 -
Kennel S I P I P I -
FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 2
Commercial Uses-Continued
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Microbrewery/Brew Pub - - -
Motorcycle sales and service - - - P P -
Nursery P - - - P P -
Off-Track Betting(OTB) establishments - - - - -
Parks - P P P P P P P P P P P P P -
Playground - P P P P P P P P - P P P P -
Recreation center - P - - P P P P P P
Recreational camp- private S - - - - -
Recreational vehicle sales and service - - - - - P P - rF
Restaurant - P P P P -
Retail Store - - - S P P P P S -
Roadside Stand P - - - -
Salvage Yard S - - - - - S
Skating rink - - - - - P P -
Stadium S - - - - - S S S S
Swimming pool-indoor - - - - P P P P
Tavern-nightclub or lounge - - - - S S S S S
Theater - - - - - P P P - (p
Tourist Court/Home - - S(srmmax) S(5rmmax) - - - -
Trailer Camp/Park S - - P P P P -
Truck and trailer rental - - - - S P -
Truck,truck tractor,truck trailer,car trailer (�
or bus storage yard- not include motor - - - P P
freight terminal
A_
Adult Daycare Facility
Advertising agency - - - P P P P P -
Animal hospital S - - S - C
Appliance-service - - - - - P P -
Bookkeeping service - - P P P P P N
Carpet and rug cleaning - - - - - P P
Catering Service - - - - - P P -
Clothes-pressing and repair - - - - P P P P -
Contractor offices - - - - - - P P
Daycare Facility S S S S S S S S S S
Detective agency - - - - P P P P P -
Dressmaker-seamstress - - - P P P P -
FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 3
Professional
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Employment office - - P P P P P -
Furniture repair and refinishing - - - - P P -
Interior decorating studio - - - P P P -
Locksmith - - - - P P P - ?
Medical clinic - - - P P P P P -
Photograph studio - - - P P P P -
Professional Services - - P P P P P - r+
Radio and television studios - - - P P P -
Repair of household or office machinery or
equipment - - - P P
Shoe and hat repair - - - - P P P P -
Taxidermist - - P P P -
Treatment Center - - - - P P P P -
Upholstery shop - - - - P P -
Watch and clock sales and repair - - - P P P - fl+
Weaving and mending-custom - - - P P P - M
Manufacturing-Processing/Assembly Uses -------L— --L— Q
Zoning Districts
3
Ag Open Space Residential Business Manufacturing Q
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 N
Any manufacturing or processing that can
and does operate in compliance with (D
performance standards of 10-8-1 - - - P P C1
Bakery(wholesale-retail component special @,
use) - - - - - P P C
Newspaper Publishing - - - - P P (A
Stone and gravel quarries - - - - S
Welding shop S
Wholesaling and warehousing-Local
cartage express facilities -not including
motor freight terminal - - - - - - P P
FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 4
Transportation
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Airport S - - - - - S S
Bus or truck storage yard - - - - - - P P
Bus or truck garage or streetcar house - - - - - P P n
Marina - S S S S S S S
Motor freight terminals - - - - - - - - - S S
Railroad passenger station S - S S S S S S S S S S S S S S
Railroad repair shops, maintenance buildings M
and switching yards S - - - - - - - - - S
Taxicab business - - - - - - - - - P 1 P 1 S 1 S
Utility Uses 10
Zoning Districts (D
Ag Open Space Residential Business Manufacturing
3
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 .
Communications use S - - - - - - - - - r+
Electric substation S - S S S S S S P P P P P P
Filtration plant S - S S S S S S - - - - P P Q
Fire Station S - S S S S S S S P P P P P P P
Police Station S - S S S S S S S P P P P P P P
Public Utility electric substations and LA
distribution centers,gas regulations centers M
and underground gas holder stations S S - - - - - - - P P A
Public utility facilities S P P P P P P P
Radio and television towers,commercial S P S S S S S S - - - P P C
Sewage treatment plant - - S S S S S S - - - P P
Utility company maintenance yard - - - - - - - - - - P P N
Utility service yard or garage - - - - - - - - P P
Other Zoning Districts
Ag I Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Accessory Building/Uses P P P P P P P P P P P P P P P P
Planned Unit Developments(PUD)
FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 5
Setbacks
Minimum Lot Max.Lot Min. Dwelling Unit Religious Institution Max.
Zone Zoning District Maximum Density Size Minimum Lot Width Covera a Min.Front Min.Side* Rear Max.Height Max.Height Height F.A.R.
A-1 Agricultural - - - - 100'**** 50' - - - - -
OS Open Space - - - 30' 10' - - - - -
E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' - - -
R-1 Suburban Residential - 18,000 s ft 100' 25% 40' 15'(40') 50' 30' - - -
R-2 Traditional Residential - 12,000 s ft** 80'** 20% 30' 10'(30') 40' 30' - - -
R-2 Duplex - 15,000 s ft*** 100'*** 30% 30' 10'(30') 30' 30' - - -
R-3 Multi-Family Residential 5 per acre max.6 units per building) 9,000 s ft 70' 90'for attached units 30% 30' 10' 20' 30' 80'(6 stories)***** 30' 2.5 stories 45'structure/75'stee le -
R-4 General Multi-Family 8 per acre 15,000 s ft 70' 90'for attached units 30% 30' 12'or 60%of bldg h t(20' 40' 80'(6 stories)***** 30' 2.5 stories) 45'structure/75'steeple
- �..vj.
O Office - 20,000 s ft - 50% 30' 10' 20' 20' 80'(6 stories)***** - - -
B-1 Limited Business - 10,000 s ft - 50% 30' 20' 20' 80'(6 stories)***** - -
B-2 General Business - 10,000 s ft - 80% 0' 20'(30') 20' 80'(6 stories)***** - - -
B-3 Service Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - - -
B-4 Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - - -
M-1 Limited Manufacturing - - - 60% 25' Imin 10%of lot and max.20' - - - - .8 max.
M-2 General Manufacturing - - - 60% 25' min 10%of lot and max.20' - - - - .85 max. �""�•
*Dimensions within Q=requirement for side yards adjoining a street
**Lots with private wells and/or private sewage minimum 1 acre and 125'width
***Lots with private wells and/or private sewage minimum 1.5 acres and 150'width •
****200'along 34 and 47
*****If property is located in the Downtown Area(see map below),Max.Height is 35'or 3 stories
Note:For special uses refer to Zoning Ordinance
Downtown Height Limit Area
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CHAPTER 4-38
Planned Unit Developments �e� Comment"Planned Development",as fanned revising
title to"Planned Development",as Planned Unit
Development tends to focus mainly on residential
development.Whereas,Planned Development or
"PD"can include master developments for
SECTION' manufacturing(PMD),office,R&D and other
comprehensive development plans which will
require design flexibility within the specific zoning
10-13-1: Purpose and Intent district it is located. Also refer to 65 ILCS 5/11-13-
10-13-2' Authority 1.1 which uses the term"planned developments'.
10-13-3: Definition and Size Limitations
10-13-4: Procedures for Establishment
10-13-5: Pre-Application Conference
10-13-6: Concept PUD Plan Review
10-13-7: Preliminary PUD Plat
10-13-8: Final PUD Plat
10-13-9: Amendments or Minor Revisions to PUD Plat
10-13-10: Conditions for Approval
10-13-11: Development Standards and Design Criteria
10-13-12• Fees
10-13-13: Separability
10-13-14: Effective Period of Planned Unit Development
10-13-15: Effective Date
10-13-1: 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.TheTherefore,the purpose of this chapter 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 district regulations for e developments tha4 provide valtie to the eonununib, ever the
eeiiventional wing a"..~".t and which is consistent with the comprehensive plan and intent of the zoning
ordinance. Manned ••~i' a°-,elepfnentPlanned Unit Developments (PUD) afe intended to efieaiir-ag
and best possible Elesign of building forms and site planning for tracts Rf]and-v.,he-re
. _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 dDevelopments 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 Tt'°• °"° 'a'° '°° °~°'°°°F°°'°''°° upon the health,safety and
general welfare of the people of!he eitypublic and particularly, in the immediate surroundings, than
developments built in conformity with a
standar°~ 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,
73
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 it^immea tmit aevelopmentplanned 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:by(this list being representative and not exhtmstiye).
A. Providing a maximum choice of the overall living environments by-allewing throu>?h a variety of
housing tale,design and layout of residential structures, commercial and industrial buildings, office
and research uses and public facilities4ypes;
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
project-development plan and that is compatible with the immediate vicinity;
B. Otiliziiig fflatefials and Elesign of buildiiigs, signs and the site that pfavide fef a unified theme
throughout the level.ptne.,t.
Comment[KNOble2]:Language is redundant to
that listed under"F".
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 portions 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-way-finding standards and 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.Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased
projects.(Ord.2006-40,5-23-2006)
I. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale
commercial developments.
J. Encourage high quality planned industrial park environments and well-designed business centers for
single or multiple-tenant facilities.
10-13-2: AUTHORITY:
74
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.
10-13-3: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. ---- Comment[KNoble3]:This definition is
consistent with the Zoning Commission's recently
All land area within a Planned Unit Development must be contiguous;provided that properties separated by approved recommended definition for Planned Unit
highways, streets,public ways,railroads or other public utility right-of-ways may be deemed contiguous Development in Chapter 2:Rules and Definitions.
for the puipose of qualifying as a Planned Unit Development. Further, all procedures required by this
section for the establishment of a Planned Unit Development shall be applicable to the addition of property
to an existing Planned Unit Development.
10-13-34: PROCEDURES FOR ESTABLISHMENT: - Comment[KNoble4]:CONSIDER:The
Preliminary PUD Plat and Final PUD Plat process
occurring concurrently as an incentive for PUD plans
A. Planned Unit Development applications shall be made as hereinafter provided and shall be that forward the official policies of the city;seek
accompanied by the required plats and documents.Detailed plans,drawings and other information limited zoning variances;and exceed the
as specified in this Title shall be required at the time of the various phases,meetings and hearings development standards of the Subdivision Control
as detailed herein.Each stage shall be reviewed and certified by the Zonim,Administrator as being Ordinance and Design Guidelines.This"fast track"
in accordance with the Planned Unit Development requirements before proceeding to the next alternative can be determined by a score card or
rating system discussed at the Concept Plan level,
Stages• allowing the petitioner to save time and resources.
proeedur-e as oudinedwithin seetio4; of this fitle as vVell as those outlined below.in the event of a
^enfli.. these preeedures will eontre' The approval process shall includes the following stages:
Al._Pre-applieaHerrApplication^enfefen °Conference.
B2._Concept PUD pPlan-Review .
Q._Preliminary PUD p1anFlat.
4. Final PUD Plat
B. The Preliminary PUD Plat and Final PUD Plat may be submitted and reviewed concurrently, as
determined by the Plan Council,based upon the following criteria:
75
1.The PUD plan forwards the goals of the city's official plans,including but not limited to,the
Comprehensive Plan, 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 PUD plan exceeds the development standards and regulations of city ordinances,
including but not limited to,the Subdivision Control Ordinance,Landscape Ordinance, Sign
Ordinance,Design Guidelines and Water Conservation Ordinance.
10 13 3!DELINEATION ON ZONING MAD.
n......oyed planned unit aevel,....,,e,,.Planned Unit Development ..�,,.n we ao�:.,e..tea ...,a ae..:,.,,,.tea nrrri
and by atuaber on the zening distriet map.A file,a,,,ailable for inspeetien by the publie,shall be maintained
by the zoning offieef for-eaeh planned develapment so designated. The file shall eentain a reeefd of
10-13-45: PRE-APPLICATION CONFERENCE:
A.Purpose:The purpose of the pre-application conference is to provide adv-iee 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 planned unit-Unit development Development will be in conformity
with the comprehensive plan and the-other development goals and the policies of the United Ceity
of Yorkville.
2.Whether the existing zoning and land use in the general area of the property
�i�tPlanned Unit Development-is appropriate for the-a Planned Unit dDevelopment.
B. Procedure: Prior to filing an application for approval of a planned unit 4e elopmefttPlanned Unit
Development 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.
L 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 ether-Other information neee sai-, to clearly explain pertinent to the proposed-planned uni
de ve;epFnen Planned Unit DevelopmentPlanned Unit Development.
76
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 de elopmeemPlanned Unit Development.(Ord.2006-40,5-23-2006)
10-13-5: CONCEPT PUD PLANREVIEW
CLASSIFICATION TO PLANNED UNIT DEVELOPMENT:
A._Purpose: The presentation of the-a eel plan Concept PUD Plan and requesting an amend-Ment to
his optional, but strongly recommended as the first step in the planned-xni
d°v�tPlanned Unit Development process.The purpose of the eeneept PUD Plan
is to enable the applicant to obtain the reeammendatieiis formal recommendation of from the city staff,
park boardPark Board(residential developments only)and plan eefflitifflissi—en.Plan Commission,and eity
esexeilCity Council approval of the overall project concept,density and dwelling unit number prior to
spending considerable time and expense in the preparation of detailed preliminary PUD plans.
B._Procedure:Not less than tl forty-five(3845)days before the next available par4i boaFdPark Board
platming_meeting or plan-eo unissieePlan Commission meeting,the applicant shall file an application
with the Citv e-ler 's Clerk's office for review of the conceptua planned tinit devel pme Planned Unit
Development plan. The °- 'ir°'ion °"°" esen4st 9Mplicant shall submit twenty (20) paper copies
folded to fit in a 10" x 13" envelope and two (2) CD's containing electronic copies (pdf) 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.
23. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial
photograph exhibit shall net--be less than one-inch equals feer huBdfe one-hundred(1"=400100)
scale,but no less than one-inch equals four hundred 0"=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(1/4)mile of property.
3.A zoning plat including a legal description of the property with total property acreage notated to be
included in the plamea enit developme 'Planned Unit Development.
4.A written explanation of the general character of the proposed planned unit de elop entPlanned Unit
Development that shall include the following:
a. A description of all proposed and uses to be ineladed in such disc jet(including open space)with
percentages of each use;
b. Projected densities and housing type for each residential use;
77
c. A description of the development standards and design criteria applicable to the proposed plapoecl
��neevelop a ntPlanned Unit Development;
d.-An outline describing why the property should be developed as a planned tmi t
develop 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 shall include,but shall not be limited to, the
following:
a. Existing site conditions.
b. Environmental characteristics.
c. Availability of community facilities and utilities.
d. Existing covenants.
56.A conceptual planned unit developmen Planned Unit Development map-or-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,engineer or surveyor who prepared the plan.
c.Name of property owner.
d.Name of petitioner/developer.
e.Proposed name of the planned unit developmentPlanned Unit Development.
f. Location map showing the location of the Planned Unit Development within or proximity to the
corporate boundaries.
€g.Proposed loves a des uses-.Boundary and/or property lines of proposed development and dimensions of
the lots into which the property is proposed to be subdivided.
gh.Proposed land uses,and Ttotal acreage and percent of the site devoted to each land use.-including
minimum and average lot sizes.
hi T,.eats n of epased stfeet°Proposed location, layout and dimensions of streets,easements,lots
and blocks.
78
ii.Proposed dedication of land for school and park sites,if applicable.
jk. Land area to be used for common open space such as storm water basins, buffers, parks and
sidewalks,trail corridors,including layout and configuration.
ation.
1F1. Proposed approximate building footprints and estimated floor area for all nonresidential
structures,if any.
lm.Maximum number of residential dwelling units.
mn.Gross and net densities for the entire Planned Unit Development and each land use.
o. Location of off-street parking and loading areas,number of spaces provided,and method used to
calculate the number of required spaces for each land use.
np.Location of existing Wwetlands,floodplain and floodways obtained and sourced from published
data.
eq.Location of lakes,ponds,streams,marshes,creeks and drainage swales.
pr. Existing wooded areas and other significant vegetation including description of predominant
vegetatienflora s ep ies,ctypes and sizes.
qs. Existing topographical contour lines with a minimum of five foot (5) intervals obtained and
sourced from published data.
rt. Location of existing and/or proposed water,sanitary and storm sewer systems (drains,inlets and
outfalls)intended to serve the development.
su.Proximity to existing and proposed transportation corridors and a written statement with regard to
transportation impacts due to the PUD.
t_v. Written description of how the existing utilities are planned to be extended to serve the
development.
aw. Any other data reasonably necessary to provide an accurate overview of the proposed
development.
6. Other documents may be requested by the city if it is determined necessary to clearly describe the
planned unit develepfnef'Planned Unit Development.
7.The clerk's office shall have the application reviewed by the Zoning Administrator for completeness.
If the application is not complete, the applicant will be notified by the k �Zoning
Administrator as to the deficiencies.The application will not be forwarded on for further review until
the application is complete.
C._Plan CouncilPlan Council Review:Upon receipt of all the required submittals,the clerk's office si, n
distribute copies of the application and supporting documentation shall be distributed to members of
the plan eo lan Council.The plan ce Plan Council shall review the concept for the planned
unit developme tPlanned Unit Development and supporting documentation and make a
recommendation to the Plan Commission as to the proposal's compatibility with the
eity-s—Ci 's comprehensive plan, transportation plan, recreation master plan, zoning ordinance,
79
subdivision control ordinance, annexation agreement, and other goals and policies for planning the
city.
D._Park BoardPark Board Review(If Applicable): The park be+dPark Board shall conduct an informal
review of the conceptual planned unit aeve'opmen Planned Unit Development plan and supporting
documentation and provide the applicant with general input on the following:
1. -l—Compatibility of the proposal with the recreation master plan and park development
standards.
2. 2—Layout and organization of the open space system.
3. 3r.Compliance with the city's-City's land-cash ordinance for parks.
4. 4-0ther documentation that the park boardPark Board would recommend be prepared
during the preliminary Planned Unit Development plan phase.
5. 5—A formal recommendation by vote is not given for a conceptual Alarmed enit
ae-�Planned Unit Development plan.
E._Plan CpissieftPlan Commission Recommendation: The Plan Commission shall
conduct at least one public hearing in accordance with Illinois Compiled Statutes. However,the plan
com.pAission may eantinue 4sm time to time the hearing without fi-1fther nRfiee being published.A
the eloSe of the publie hearing,the plan eo qhAll
denial of the zone map amendment to PUD to allow the eoneept for the planned tmit development.T
plan eenw.-ission shall base iis reeenffnendation on the development standards in seetien 10 13 7_4
this ehaptef aiid based on the following fiiiding�
1. The eempaibilit-y ef the proposal 3�N,ith the eemprehensive plan, lfanspei4afien plan, zoning efdinanee
7 The appreprimeness of the prepesed land uses.
3.The appropfia4eness of the genefal layet4 of open spaee,stfeets,paflEing areas,lots and buildings.
A Existing uses of property within the general e ea of the subjeel property.
5.The zoning elassifieation of property within the general area of the subjeet property.
6.The suitability of the subjeet property to the uses permitted under the existing zoning elassifieation.
elassification—.
8.The impaet that the PUD will have upon traffic and tFaffie eonditions in the general afea of the subjeet
PFE)perty.
F._C4 'City Council Review: The ^eV9 mittee ,.r the .,hRle City Council shall conduct an
informal review of the conceptual planned unit Elevelopme Planned Unit Development plan and
supporting documentation and provide the applicant with general comments on the following:
80
I. 4—Compatibility of the proposal with the comprehensive plan, transportation plan, zoning
ordinance,subdivision ordinance and goals and objectives of the city.
2. Appropriateness of the proposed land uses.
3. 3-Gencral layout of open space,streets,parking areas,lots and buildings.
4. 4-0ther documents the eity eett"City Council would recommend be prepared for the
preliminary planned unit de elopmenRlanned Unit Development plan phase.
G.Mayor And City Council Decision:
2.if an application for a proposed amendment is not acted upon finally by the city council within six(6)
m-onths of the date upon whiek stiek application is reeeived by the mayor and eity eouneil,i!shall be
14.Modifieations To Coneept Plan FoF The Plarmed Unit Developmen4i After-the approval of the eoneept
plan and zone map amendment fef the planned unit developmem, the use of land, eenstmetion-,
medifieation or alter-a4ion of any buildings or stmetures within the plafmed unit developmem will
Ne ehanges may be made to the approved eoneept plan fef the planned unit dei,elopment unless
approved by the eib,. Changes to the plamed unit developmen4 will be detennifted by the-eity
ehanges ie the eafteept PUD plan are ffiedifieatietis that do fiet alter- the ifltellt of a Planned --
development.Miner changes which meet the criteria set forth in this subsection H! may be appro-
by the eity aad-m-imis;hrato-r am designee,if the proposed minor change does not result in the following:
a.An inerease in gross density.
b.A change in mixture of dwelling unit types resulting in a greater than ten percent(101%)change i
quantity of any proposed unit type.
%)ehang-
of an),proposed use.
d.AnyFeduction of an amount of common open space,landscaping or buff-ering.
Miner ehanges not approved by the oily administrator- may be approved by the eity eRmpeil
request for a minor ehange to the plan eemmission for review and reeommenda4iefi.
Odin the oriteria of F 44h constituting„minor change.
if a Fnajor-ehange is r-equested,the applieant shall submit a revised PUD eaneept plan and suppofling
81
forth this section
10-13-67:PRELIMINARY PUD iTn' NPLAT:
A._Purpose:The purpose of the Ppreliminary PUD plan-Plat submission is to obtain approval from the city
City-that the plans the applicant intends to prepare and follow are acceptable as a ^r7
Preliminary PUD planPlat, and that any final plans will be approved provided they substantially
conform to the pfelirninar�-Preliminary~lainie'unit`evel°""'°"'Planned Unit Development planPlat.
The prektninm-j-Preliminary PUD pla*-Plat must be substantially in conformance with the concept
plan as revised per the direction and guidance provided to applicant during the Concept PUD Plan
Review. approved eA the time of -vene map afnendment (if the Iffelintinary PUP plan is not
Approval of the ^r -,-Preliminary ^'° °' " :t ' ° ' 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 eemssienPlan Commission meeting,
the applicant shall file an application with the ekTk -Clerk's office-Office for prelirninafy-Preliminary
planned unit Planned Unit Development Plat approval. The applieatien-applicant shall
submit twenty(20)paper copies folded to fit in a 10"x 13" envelope and two (2) CD's containing
electronic copies(pdf)of&hal een4st of°t°f the following documentation:
1 One eopy of the eompleted preliminary planned unit development r n completed notarized
application form,two(2)originals and the remainder photocopies.
2. The application shall be accompanied by the appropriate filing fee.
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(1/4)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(I"-400)_
5.Written explanation of the character of the Planned Unit Development and the reasons why it has
been planned to take advantage of the flexibility of 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 p1mmea tinit devek pffie tPlanned Unit Development planPlat. The plan-plat shall be a
detailed plan which includes at a minimum,the following information:
a. a-Title notation stating"Preliminary Plat"or"Preliminary Plan".
a.b_North arrow,scale(not less than 1 inch equals 290-100 feet)and date of preparation.
b:c_I-.Name and address of the site planner,engineer or surveyor who prepared the plan.
e:d_c-Name of property owner.
82
d-.e. d-Name of petitioner/developer.
e:f_e—Proposed name of develepxnentthe Planned Unit Development or subdivision name,
which shall not duplicate the name of any plat previously recorded in Kendall County.
4�g_f-.-Location map showing the he general area of the Planned Unit Development within or
proximity to the corporate boundaries,including high-water elevations,if known.
h_g-.Legal description prepared by a registered land surveyor.
g i. Boundary lines-bearings and distances.
h:jh:Site data,including,as applicable:
1) Current zoning classification. .- — Formatted:Indent:Left: 0.92",Space After:
8 pt,Line spacing: 1.5 lines,Numbered+
Level:1+Numbering Style:1,2,3,...+Start
21—Total area of property in square feet and acreage,and acreage-and-percentage of each at:1+Alignment:Left+Aligned at: 0.92"+
Indent at: 1.17"
proposed land use.
���� D°.,,°... °o,,,,,,, ,,,,,,,,.,.,, . .,,, ....,.,:,. _,.,.... °o-- • Square footage and
percent of site coverage with buildings.
�i�` T.r.,...w°r °e�°°:,�°�':°' '°'° Square foots eg 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.
2L—Gross Floor aArea 'lyfor all non-residential buildings/uses.
OLGross and net residential a°n°it-ydensities 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
83
used for public or common usage). Information should also be provided for
each unit in the Planned Unit Development,if applicable.
a-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.
241L)-_Minimum,maximum and average lot sizes.
3}42)—Percent of lot coverage for all uses except detached single-family and duplex.
• 1/47-WA4e
of tho
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.
Existing zoning and ewners land use of adjacent property within five hundred feet(500')of all
sides of the site.
m. Other conditions on adjoining 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.
l�n. Owners of adjoining un-platted land;for adjoining platted residential land refer to subdivision plat
by name, recording date and number. Show approximate percent built-out, typical lot size and
dwelling type.
kol-Municipal limits.
rrrpI-School district boundaries.
g_^ D eperty u°°° nd d+nie.,.,..,, Easements-location,width and purpose.
r. Location of streets in, and adjacent to, the property including: street name, right-of-way width,
existing and proposed center line evaluations,pavement type,walks,trails,curbs,gutters,culverts,
etc.
84
s. Proposed public improvements such as highways and other major improvements planned by public
authorities for future construction on or near the property.
t. 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 rg ound) and street lights; direction and distance to, and size of
nearest water mains and sewers adjacent to the property showing invert elevation and sewers.
u. 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, at 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('/2%)
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.
v. 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 ascertain subsurface soil,
rock and groundwater conditions,depth to groundwater,unless test pits are dry at a depth of five feet
(5'); location and results of a soil percolation test if individual sewage disposal systems are
proposed.
lrw. Water courses,marshes,rock outcrop,wooded areas,existing vegetation,isolated trees one foot
(1')or more in diameter,existing structures and other significant features.
max. n.Desiden4i l lots with approximate dune.......
.y. Leeation of multi c iily and single c«ly a4taehed 1...:1.ifig.
q-z. .Footprints of nenfesidential buildings.
.aa. q,Fren4,rear,side yard and eomer side yard setbaeks.
ebb.n-Location of all Off-off-street parking and loading areas, including nemaml «..°,Jetld dimensions of
parking spaces,drive aisles and loading zones.
t.cc. s—Configuration and Hof all land proposed as open space including storm water
management areas,parks,buffers,and trail corridors.
u-dd.t:All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and
similar public and quasi-public uses.
wee.ti-Pedestrian and/or bicycle circulation systems.
v.Existing vegetation.
85
,�v:ff.w-Limits of jurisdictional and non jurisdictional wetlands.
x.Limits of inn year fl,.odplai
*,gg_aaa—Any other data reasonably necessary to provide an accurate overview of the proposed
development.
47.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 show 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.The plan shall be accompanied by 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.
49.Photometric plan(for nonresidential developments only).The photometric plan shall be superimposed on
the site plan,and shall:
a.Identify the location and heights of all light standards.
b. Identify foot-candle intensities on the site of the planned unit developme Manned Unit
Development,and ten feet(10')beyond proposed property lines.
c.Include specifications for proposed lighting,including wattage,method of illumination,and color of
light standards and luminaries.
4-10. Architectural drawings. When requested by plan commission or city council, _elimittary 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.
11.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.
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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.
a:c. Dates for beginning and competition of each stage.
11. The plan Commission or city-eou neilCity 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 developmen«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;
4)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. 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.
d. 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.
e. 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.
of. Other information that may be required by the Plan Commission or eity
--etlCity Council.
C._Plan Counei'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-eeuASi)Plan Council shall review the p imary-Preliminary placmed-unit
develeprxentPlanned Unit Development Plat and supporting documentation and make a
recommendation to the plan eemm;s-sie-Plan Commission as to the proposal's eoneufwney with«�,°
approved eoneept planned unit Elevelopment plan and compatibility with the city's comprehensive plan,
transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, Comment[KNobleS]:This is completed at the
annexation agreement,and other goals and policies for Manning the city. ^ tr ffie i ..aet..turfy will be expense of the developer/petitioner and prepared
by a transportation engineer or planner.The
pfepafed by the eity as pai4 of the plan eetifteil findings of the study shall be reviewed and
evaluated by the City Engineer.
87
D._Par#Be Park Board Review(When Applicable):The park beardPark Board shall conduct a formal
review of the pre!iminii-, Preliminary p'wme "°''deve opme 'Planned Unit Development ►-Plat
and supporting documentation.The par4i beardPark Board shall forward its recommendation to the city
seuneilCity Council. The recommendation may include conditions of approval intended to be
incorporated into final plans and supporting documentation.
E.—Plan CommissionPlan Commission Review: The flan Commission shall conduct a
public hearing in accordance with Illinois Compiled Statutes.After the close of the public hearing,the
flan Commission shall recommend to the eity ee wACity Council approval or denial
of the preliminary-Preliminary p'°nn°'' "n`' developme^'Planned Unit Development planPlat. The
recommendation may include conditions of approval intended to be incorporated into final plans and
supporting documentation.
F._C` 'City Council Review:Subsequent to receiving the plan 00 lmissieePlan Commission and
par4E beardPark Board recommendations,the sity eau 'City Council shall conduct a public hearing
and shall approve or deny the application for the p«rz=i=ri=~ary—Preliminary plarmed utrit
de elepmentPlanned Unit Development planPlat.
Q.--Modifieations To Pr-eliminafy Plan For- The Planned Unit Develepmen4: After the apprai,al of the
., I ait development,the use of land,eens4fuetion,medifieation or-alteration of an),beildings-eIr
sifueliifes within the planned tinit development will be gevefaed by the appfeved plafifted unit
development,rather than by any other provisions of the zoning ordinance of the eity.No changes may
he mad-t-, to the approved planned unit development unless approved by the eity. (�hanges to
planned unit development will be d-e-tefffl-i-ned-by the eity administrator,or-designee,to be one of t
1.Miner ehanges to the preliminary PUD plan are madifieations that do not alter the iniefft of a planned
- designee, if the pfoposed mifter ehange does not FestiR in the
fellowing
An inefease in gfess density.
a.e.A ehange in the mixture of&,elling unit t-�Tes resulting in a greater than five pereent(59%) ehang
of any proposed
a An.,..hang e in ra.ling.or tility pre,
e.A ehange in the mixture of land uses resulting in a greater than five pereent(59%)ehange in area of any
proposed use.
f Any r°duetion of an ametint of g.g.«...en open spaee,1,.ndscaping or buffering.
g.Any change to emer-ior elevations of buildings whieh alter Fooffines,building tnateFials,appy-oved eelOF
h.Other changes of similar sea!
Minor changes not approved by the city administr-ater may be approved by the city council without fev
and FeeommenElation by the plan eofmnission, unless the eity eouneil refers a request for a M
88
planned unit development exceeding the efitefia set forth eonstituting a minor change.
if a fnajof!ehange is requested,the appliean4 shall submit a fevised PUD pfelifninary plan and suppoiling
data with an applioation foF a majoF ehange to the eler-k's offiee,not less than fo�,five(45)days before ---
plan eorimnission meeting.The plan eenwaission shall r-eeommend to the eity eouneil approval or denial-a
the applieation for a major-change. SubsequenA to reeeiving the plan eofmnission and paFk board(when
10-13-8: 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 pumose of the Preliminary 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 Preliminary 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)CD's
containing electronic copies(pdf)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. 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.
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,
showing center line elevations, pavement type, curbs, gutters, culverts, etc., and a
proposed street numbering designation shall be furnished for each building.
e) Construction plans detailing the design, construction or installation of site amenities;
including buildings, landscaping, storm water detention facilities and other site
improvements.
f) Certificates,seals,and signatures required for the dedication of land and recording of f the
document.
g) Tabulations on each separate unsubdivided use area, including land area, number of
buildings,and number of dwelling units per acre.
89
h) Construction schedule—A final construction schedule indicating:
i. Stapes in which the proiect 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 competition 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.
10-13-9:AMENDMENTS OR MINOR REVISIONS TO PUD:
After the approval of the Preliminary or 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 Preliminary or Final Planned Unit Development Plat
shall be considered either a minor or a major modification.
1. No changes may be made to the approved Preliminary or Final Planned Unit Development Plat
unless approved by the city. The nature of the requested change, either minor or major, to the
p y the City Administrator{,or designee,as follows: Comment a by the: 6]:consider approval of a
Planned Unit Development will be determined b, '" minor change by the:
•Plan Council;or
A. Minor Changes: Minor changes to the Preliminary or Final Plat are modifications or .Zoning Administrator;or
revisions that do not alter the overall intent of the PUD.Minor changes may be kpproved by .Zoning Administrator with the consent of the City
Administrator
90
the City Administrator, or designe� if the proposed modification does not result in the _ __ Comment[KNoble7]:An alternative could be
following: approval by the City Council without the
requirement for public hearing or Plan Commission
i. An increase or decrease in overall density greater than ten percent(10%)•I review and recommendation.
ii. An increase or decrease in the mixture of residential dwelling unit types greater than Comment[KNobleg]:Is this percentage
ten percent 00%). acceptable?Would 5%be considered more
diminimus?
iii. An increase or decrease in area for any land use or land use mixture greater than ten
percent(10%).
iv. An increase or decrease in total number of parking spaces greater than ten percent
(10%).
v. Any reduction in area of common open space, landscaping or buffering,particularly
when reduced below the minimum standard prescribed in Section 10-13-11:
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(when applicable),unless the City Council refers the request for a
minor change to the Plan Commission or Park Board (when applicable) for review and
recommendation.
B. Maio•Changes:Maior changes to the Preliminary or Final 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 Preliminary or Final Plat shall be subject to review and
recommendation by the Plan Commission and Park Board (when applicable) with final
approval granted by the City Council.
C. Application for PUD Modification or Changes:For any modifications or changes resulting in
an amendment to an approved Preliminary or 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:The notice for a major change to an approved Preliminary
or 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 Preliminary or Final Plat shall be
recorded with the County and shall be binding on the applicants, their successors, rag ntees
and assigns and shall govern the development of the PUD,as set forth therein.
10 13 72 DEATLOPMENT STANDARDS:
The density,nuiniffliln;lot si-76-and-minimuffl ;Pth-a-ek d-ifflension 4;-Rr eaeh use proposed vlithin a PUD Shall
91
Plan commission shall make findings and fecommendations to eity eouneil fef approval of the planned unit
development,based upon the fol
and apprepria4e to the purpose of the development.
.1et«:...e..t..l:..fl..e....e or effe..t upon the surrounding ing ne:..l.l...«1......1
established in the planned development shall be subjeet to the requirements for eaeh individ
elassifieation as established elsewhere in this title,eiceept as may be speeifieally varied herein granting and
ATl.e«e:....e...:i.:..l.....,l:..t«:et..:..e«e,...:«ed f;.«..DUD.
5. Wherever the applicant prop( d set out, by platting, deed, dedic if
parks, playgrounds, eommons, greenways or open areas, the plan eonunission may eonsider and
eempfehensive plan, sibdivision regulations and the zoning ofdinanee whieh may inehide, Nit not
as D" «.1
n'-icc-car-Tcacv'
w ciao."«a
. area.
.
d.Bulk.
e.intensity of use.
i Stfeet
s.Sidewalks.
1. Public utilities,
i.09 s4feet pafking-.
B Residential.
1.Busine-q—t;uses may be ineluded as paFt of a plan—ned—residential development when applieable.
1 Use regulations.
a.Uses pfepesed afe eafisistent with these listed as allewable eses iii the fespeetive zeniiig distriets.
3.Uses listed as speeial uses in the zoning distriet in w-hieh the development is leeated may be allowed.
dfiveway or pedestrian walk easement.Off sa-zeet pafking faeilities for stieb dwe4lifig shall be leeated
not fnofe than two hundred feet (200') ffom the dwelling served. The plan eommission also ma
reeommend and the eity eouneil may appy-ove yards of lessef!widths or depths than r-equifed for
4 uses in the zoning elassifieation whieh the planned development is inaluding,provided:
spaees for-use by the« ":.Je..t"of the.1...ellings served,
b. That spaeing between buildings shall be eonsistent with the appliea4ion of reeognized site
planning prineiples for seeuFing a unified development and!hat due eonsideration is given to
the openness «....,11.,.MFde.l by ime...,e...:....sifeets and alleys
e. The yards for prineipal buildings along the periphery of the development shall be not less in width of
depth than fequired fer perrpit4ed uses in the distriet in whieh the plafmed development is ineluded an
92
eommission and approved by the eity council.
C. Nefffesidential� in a planned btisiness develepfflent, the f6liewing additional requirements are hereby
specified shrubs and other plant material aceording to the landseapee
2.All walks within the planned tinit dewlepfnefA shall be pavedwith a hafd serfaeed matefial meeiing
shall be landseaped with grass,plan, ende.1 by the plan eammission trees, and a .od by the eity cou"eil.
5. The btiAdings in the planned development shall be planned and designed as a iinified and single
boundafies of adjacent residentiab public open space,schools,churches of other similar uses.
10-13-10: CONDITIONS FOR APPROVAL:
The Plan Commission shall not recommend approval of nor shall the City Council approve a Special Use
for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat
unless the proposed development or amendment complies with the following?criteria:
1. In what respects the design of the Planned Unit Development does or does not 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,or not 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 does or does not fulfill the objectives of the
Comprehensive Plan or other planning policies of the City.
6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards Comment[KNoble9 :section can incorporate
the planning principles staated in the"New
for Special Use as defined in Section 10-4-9 of this Title. Comprehensive Plan Design Guidelines for the
United City of Yorkville"adopted May 26,2009 via
Ord.No.2006-28.(Smart Code Technique).
**Caveat—If any of these design guidelines are
10-13-11• DEVELOPMENT STANDARDS AND DESIGN CRITERIAI: modified or updated in the future,it will require a
text amendment to the Zoning Ordinance and public
hearing.**
93
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
Citv.
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 ivg en 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
development is included and the plan is developed to afford adequate protection to neighboring
properties 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.
10-13-812: FEES:
94
The Eitt� Ce ffwACity 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 posted in the clerk's office and may be altered or amended only by the Qty
GeiineilCity 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)
10-13-313: 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 13 Me REPEAL OF CONFLICT-ING ORDINANCES:
10-13-14: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 platting does not occur within twelve(12)months from the date of approval of the
preliminary plat of a planned unit development._ Comment[KNoble10]:consistent with state
Statute and Yorkville Subdivision Control Ordinance
2. Construction does not commence and proceed within Lthree(3)years(from Section 5.02.05.the date of approval of
the Final Plat of a Planned Unit Development. Comment[KNobleil]:Is this time reasonable
from a development standpoint?
3. jhe 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 Comment[KNob1e12]:Consistent with
(1)year increments. Yorkville Subdivision Control Ordinance Section
5.02.05.
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 to, 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
95
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 10-13-
14C,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.
10-134415:EFFECTIVE DATE:
This chapter ordinance shall be in full force and effective immediately after passage, approval and
publication in book form 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.
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CHAPTER 8
Planned Unit Development
SECTION:
10-13-1: Purpose and Intent
10-13-2: Authority
10-13-3: Definition and Size Limitations
10-13-4: Procedures for Establishment
10-13-5: Pre-Application Conference
10-13-6: Concept PUD Plan Review
10-13-7: Preliminary PUD Plat
10-13-8: Final PUD Plat
10-13-9: Amendments or Minor Revisions to PUD Plat
10-13-10: Conditions for Approval
10-13-11: Development Standards and Design Criteria
10-13-12: Fees
10-13-13: Separability
10-13-14: Effective Period of Planned Unit Development
10-13-15: Effective Date
10-13-1: 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. Therefore, the purpose of this chapter 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 district regulations and which is consistent with the comprehensive plan and intent of the zoning
ordinance. Planned Unit Development 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
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increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title,
rather it 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 portions 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, way-finding standards and 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. Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased
projects. (Ord.2006-40,5-23-2006)
I. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale
commercial developments.
J. Encourage high-quality planned industrial park environments and well-designed business centers for
single or multiple-tenant facilities.
10-13-2: 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.
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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.
10-13-3: DEFINITION AND SIZE LIMITATIONS:
A. 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.
B. 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. Further, all
procedures required by this section for the establishment of a Planned Unit Development shall be
applicable to the addition of property to an existing Planned Unit Development.
10-13-4: 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.
2. Concept PUD Plan Review.
3. Preliminary PUD Plat.
4. Final PUD Plat
B. The 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 official plans, including but not limited to,the
Comprehensive Plan, 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 PUD plan exceeds the development standards and regulations of city ordinances,
including but not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign
Ordinance,Design Guidelines and Water Conservation Ordinance.
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10-13-5: 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 comprehensive
plan 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 property Planned Unit
Development is appropriate for a Planned Unit Development.
B. Procedure: Prior to filing an application for approval of a Planned Unit Development 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.2006-40,5-23-2006)
10-13-5: CONCEPT PUD PLANREVIEW:
A. Purpose: The presentation of a Concept PUD Plan is optional, but strongly recommended as the first
step in the Planned Unit Development process. The purpose of the Concept PUD Plan is to enable the
applicant to obtain the formal recommendation from the city staff, Park Board (residential
developments only) and Plan Commission, and City Council approval of the overall project concept,
density and dwelling unit number 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 Park Board meeting or Plan
Commission meeting, the applicant shall file an application with the City Clerk's office for review of
the conceptual Planned Unit Development plan. The applicant shall submit twenty (20) paper copies
folded to fit in a 10" x 13" envelope and two (2) CD's containing electronic copies (pdf) of the
following documentation:
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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(1/4)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 shall include, but shall not be limited to, the
following:
a.Existing site conditions.
b.Environmental characteristics.
c.Availability of community facilities and utilities.
d.Existing covenants.
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6. 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,engineer or surveyor 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. i. Proposed location, layout and dimensions
of streets,easements,lots and blocks.
j.Proposed dedication of land for school and park sites,if applicable.
k. Land area to be used for common open space such as storm water basins, buffers,
parks and sidewalks,trail corridors,including layout and configuration.
1.Proposed approximate building footprints and estimated floor area for all nonresidential
structures,if any.
m.Maximum number of residential dwelling units.
n. Gross and net densities for the entire Planned Unit Development and each land use.
o. Location of off-street parking and loading areas, number of spaces provided, and
method used to calculate the number of required spaces for each land use.
p. Location of existing wetlands, floodplain and floodways obtained and sourced from
published data.
q.Location of lakes,ponds,streams,marshes,creeks and drainage swales.
r. Existing wooded areas and other significant vegetation including description of
predominant flora species,types and sizes.
s. Existing topographical contour lines with a minimum of five foot (5') intervals
obtained and sourced from published data.
t. Location of existing and/or proposed water,sanitary and storm sewer systems (drains,
inlets and outfalls)intended to serve the development.
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u. Proximity to existing and proposed transportation corridors and a written statement
with regard to transportation impacts due to the PUD.
v.Written description of how the existing utilities are planned to be extended to serve the
development.
w. Any other data reasonably necessary to provide an accurate overview of the proposed
development.
6. Other documents may be requested by the city if it is determined necessary to clearly describe the
Planned Unit Development.
7. The clerk's office shall have the application reviewed by the Zoning Administrator for completeness.
If the application is not complete,the applicant will be notified by the Zoning Administrator as to the
deficiencies. The application will not be forwarded on for further review until the application is
complete.
C. Plan Council Review: Upon receipt of all the required submittals, copies of the application and
supporting documentation shall be distributed to members of the Plan Council. The Plan Council shall
review the concept for the Planned Unit Development and supporting documentation and make a
recommendation to the Plan Commission as to the proposal's compatibility with the City's
comprehensive plan,transportation plan,recreation master plan, zoning ordinance, subdivision control
ordinance,annexation agreement,and other goals and policies for planning the city.
D. Park Board Review (If Applicable): The Park Board shall conduct an informal review of the
conceptual Planned Unit Development plan and supporting documentation and provide the applicant
with general input on the following:
1. Compatibility of the proposal with the recreation master plan and park development
standards.
2. Layout and organization of the open space system.
3. Compliance with the City's land-cash ordinance for parks.
4. Other documentation that the Park Board would recommend be prepared during the
preliminary Planned Unit Development plan phase.
5. A formal recommendation by vote is not given for a conceptual Planned Unit Development
plan.
E. Plan Commission Review: 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.
F. 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 comprehensive plan, transportation plan, zoning
ordinance,subdivision ordinance and goals and objectives of the city.
2. Appropriateness of the proposed land uses.
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3. General layout of open space,streets,parking areas,lots and buildings.
4. Other documents the City Council would recommend be prepared for the preliminary
Planned Unit Development plan phase
10-13-7: 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. The Preliminary PUD Plat must be substantially in conformance with the concept
plan as revised per the direction and guidance provided to applicant during the Concept PUD Plan
Review. 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)
CD's containing electronic copies(pdf)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. 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(1/4)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 take advantage of the flexibility of 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.
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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,including high-water elevations,if known.
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.
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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:
1) Residential lots shall depict approximate lot dimensions; building footprints for
all multi-family and single-family attached structures; and dimensioned required
yard setbacks.
2) 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 five hundred feet (500') of
all sides of the site.
m. Other conditions on adjoining 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. Owners of adjoining un-platted land; for adjoining platted residential land refer to
subdivision plat by name, recording date and number. Show approximate percent
built-out,typical lot size and dwelling type.
o. Municipal limits.
p. School district boundaries.
q. .Easements—location,width and purpose.
r. Location of streets in, and adjacent to, the property including: street name, right-of-
way width, existing and proposed center line evaluations, pavement type, walks,
trails,curbs,gutters,culverts,etc.
s. Proposed public improvements such as highways and other major improvements
planned by public authorities for future construction on or near the property.
t. 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,
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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 elevation and sewers.
u. 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, at 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('/2%) 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.
v. 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 ascertain subsurface soil, rock and groundwater conditions, depth to groundwater,
unless test pits are dry at a depth of five feet (5'); location and results of a soil
percolation test if individual sewage disposal systems are proposed.
w. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated
trees one foot (1') or more in diameter, existing structures and other significant
features.
x. Location of all off-street parking and loading areas, including dimensions of parking
spaces,drive aisles and loading zones.
y. Configuration of all land proposed as open space including storm water management
areas,parks,buffers,and trail corridors.
z. All sites to be conveyed, dedicated, or reserved for parks, school sites, public
buildings,and similar public and quasi-public uses.
aa.Pedestrian and/or bicycle circulation systems.
bb.Limits of jurisdictional and non jurisdictional wetlands.
cc.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.
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8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan.
The proposed plan shall show 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. The plan shall be
accompanied by 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.
9. Photometric plan (for nonresidential developments only). The photometric plan shall be
superimposed on the site plan,and shall:
a.Identify the location and heights of all light standards.
b. Identify foot-candle intensities on the site of the Planned Unit Development, and ten
feet(10')beyond proposed property lines.
c.Include specifications for proposed lighting,including wattage,method of illumination,
and color of light standards and luminaries.
10. 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.
11.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 competition of each stage.
12. 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;
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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. 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.
d. 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.
e. 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.
f. Other information that may be required by the Plan Commission or City Council.
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
comprehensive plan,transportation plan,recreation master plan,zoning ordinance, subdivision control
ordinance,annexation agreement,and other goals and policies for planning the city..
D. Park Board Review (When Applicable): The Park Board shall conduct a formal review of the
Preliminary Planned Unit Development Plat and supporting documentation. The Park Board shall
forward its recommendation to the City Council. The recommendation may include conditions of
approval intended to be incorporated into final plans and supporting documentation.
E. 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.
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.
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10-13-8: 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 Preliminary 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 Preliminary 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)CD's
containing electronic copies(pdf)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. 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.
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,
showing center line elevations, pavement type, curbs, gutters, culverts, etc., and a
proposed street numbering designation shall be furnished for each building.
e) Construction plans detailing the design, construction or installation of site amenities;
including buildings, landscaping, storm water detention facilities and other site
improvements.
f) Certificates, seals, and signatures required for the dedication of land and recording of the
document.
g) Tabulations on each separate unsubdivided use area, including land area, number of
buildings,and number of dwelling units per acre.
h) 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 competition of each stage.
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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.
10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD:
After the approval of the Preliminary or 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 Preliminary or Final Planned Unit Development Plat
shall be considered either a minor or a major modification.
1. No changes may be made to the approved Preliminary or 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 Preliminary or Final 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 the
following:
i. An increase or decrease in overall density greater than ten percent(10%).
ii. An increase or decrease in the mixture of residential dwelling unit types greater than
ten percent(10%).
iii. An increase or decrease in area for any land use or land use mixture greater than ten
percent(10%).
iv. An increase or decrease in total number of parking spaces greater than ten percent
(10%).
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v. Any reduction in area of common open space, landscaping or buffering, particularly
when reduced below the minimum standard prescribed in Section 10-13-11:
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(when applicable),unless the City Council refers the request for a
minor change to the Plan Commission or Park Board (when applicable) for review and
recommendation.
B. Major Changes: Major changes to the Preliminary or Final 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 Preliminary or Final Plat shall be subject to review and
recommendation by the Plan Commission and Park Board (when applicable) with final
approval granted by the City Council.
C. Application for PUD Modification or Changes: For any modifications or changes resulting in
an amendment to an approved Preliminary or 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: The notice for a major change to an approved Preliminary
or 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 Preliminary or Final 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.
10-13-10: CONDITIONS FOR APPROVAL:
The Plan Commission shall not recommend approval of nor shall the City Council approve a Special Use
for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat
unless the proposed development or amendment complies with the following criteria:
1. In what respects the design of the Planned Unit Development does or does not 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,or not produced,by the Planned Unit Development such as
but not limited to, the adequacy of common open space and/or public recreational facilities
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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 does or does not fulfill the objectives of the
Comprehensive Plan 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 10-4-9 of this Title.
10-13-11: 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.
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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
development is included and the plan is developed to afford adequate protection to neighboring
properties 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.
10-13-12: 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 posted 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)
10-13-13: 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)
10-13-14: 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 platting 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 to, 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;
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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 10-13-
14C,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.
10-13-15: EFFECTIVE DATE:
This ordinance shall be in full force and effective immediately after passage, approval and publication in
book form 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.
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