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Zoning Commission Packet 2011 10-26-11 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-4350 a p� Fax: 630-553-7575 C <tE '►ww AGENDA ZONING COMMISSION MEETING Wednesday, October 26, 2011 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of June 22, 2011 meetinjz minutes 5. Old Business: a) Recap and Commentary of Previously Revised Zoning Chapters • Chapters 1-10 6. New Business: a) Discussion of research materials regarding: Land Use Tools to Protecting Groundwater series prepared by the Environmental Law& Policy Center; and Current Trends in Land Use Law. b) Zoning Commission Meeting Schedule for 2012. 7. Adj ournment 8. Next meeting date: November 23, 2011 (7) ZONING COMMISSION MEETING Wednesday, June 22, 2011 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Committee Members in Attendance: Jeff Baker Gary Neyer Greg Millen Pete Huinker Mike Crouch City Officials in Attendance: Krysti Barksdale-Noble, Community Development Director Meeting Called to Order The meeting was called to order at 7:03 p.m. and Mr. Crouch welcomed everyone. Roll Call Roll call was taken. A quorum was established. Citizen's Comments There were no guests in attendance. Previous Minutes Mr. Crouch moved to accept the May 25, 2011 minutes and it was seconded by Mr. Millen. There was no discussion, corrections or additions so a vote to accept was made, unanimously accepted and the motion was carried. Mr. Crouch then turned the meeting over to Ms. Noble to cover Old Business. Old Business: Chapter 6: Permitted and Special Uses: Ms. Noble said there was a minor change to the table on Page 6: Permitted and Special Uses. Mr. Baker brought up a good point that roof mounted solar panels should be permitted as a use in an OS-1 District and that was a good call. It is highlighted in yellow on the chart. Chapter 10A: OS-1 Open Space District(Passive): This is one of the new districts Ms. Noble said she was asked to create. The only change she made so far(and the committee may have to revisit this chapter to flush out some changes that may need to occur and the Parks Department will be looking at it as well) are on pages 96 and 97. The Parks Department will be looking at it as well and providing their input. Also, the term "overall building height" was removed because building height has been defined, making the term `overall' redundant. Chapter 1OB-4: OS-2 Open Space District(Recreational): Accessory Uses, Buildings and Structures - 8. Stormwater detention facilities were removed because it, too, was redundant. Following that, the rest of the items reflected the number change. Ms Noble did some research (included in packet) on different communities and how they do their PUD reviews and their reviews of engineering, as suggested by Mr. Neyer. Her research included looking at the City of Naperville and the City of Joliet to find out how they do their PUD process. They both referred her to their websites. The main difference is the turn-around time is not spelled out in our ordinance; the flow was not clear. Now that there is language to that effect, it should speed up the process. Also, they did not tie the PUD process to an ordinance because if it's tied to an ordinance, that can slow things down considerably. It would leave it open to constant amendments. Ms. Noble's recommendation would be to not include a timeline in the ordinance. Flow charts can be included; but not timelines. She then discussed various incentive programs various communities are doing for residential development. For example, Plainfield permits preliminary engineering, with final engineering only at time of building permit, which ties in with our discussions on how to streamline the PUD process. This lowers the developer's up-front costs. This would allow PUD approval with a preliminary and not even have to go for final until they're ready to pull a permit. This would allow developers to spread out the costs over a longer time frame. Mr. Millen then asked if this would put an end to SSAs. Ms. Noble stated that it was more of a developer tool. Mr. Millen then brought up his observation that SSAs carne into play with the larger developers. He wondered if there couldn't be some incentive for local, home town builders. There then followed a lot of discussion on possible builder incentives, etc. Mr. Crouch approached the subject of bringing possible new members up to speed on what has already been covered. It was the consensus that the committee agreed to wait until September for the next meeting. Mr. Crouch made a motion to adjourn; it was moved and seconded and agreed by all. The meeting was adjourned at 7:55pm. Minutes respectfully submitted by: Bonnie Olsem TITLE 10 - ZONING Table of Contents Subject Chapter Zoning Purpose and Interpretation...........................................................................................................................1 Rulesand Definitions...............................................................................................................................................2 GeneralZoning Provisions.......................................................................................................................................3 Zoning Administration and Enforcement.................................................................................................................4 ZoningDistricts and Maps..........................................................................................................................................5 Permittedand Special Uses.........................................................................................................................................6 Dimensional and Bulk Requirements........................................................................................................................7 PlannedUnit Developments........................................................................................................................................8 ZoningDistricts.......................................................................................................................................................9-13 A-1,Agricultural District.........................................................................................................................................9 OS,Open Space District.........................................................................................................................................10 OS-1,Open Space(Passive)District...............................................................................................................I0A OS-2,Open Space(Recreational)District.......................................................................................................1013 ResidentialDistricts...............................................................................................................................................I 1 E-1,Estate District...........................................................................................................................................11A R-1, Single-Family Suburban Residence District............................................................................................1113 R-2,Single-Family Traditional Residence District..........................................................................................11C R-2 Duplex,Two-Family Attached Residence District...................................................................................11D R-3,Multi-Family Attached Residence District.............................................................................................. 11E R-4,General Multi-Family Residence District.................................................................................................1117 CDD,Conservation Design District.................................................................................................................11G BusinessDistricts...................................................................................................................................................12 O,Office District....................................................................... ..... ......12A B-1,Limited Business District......................................................................................................................... 12B B-2,General Business District......................................................................................................................... 12C B-3,Service Business District.........................................................................................................................12D B-4,Business District...................................................................................................................................... 12E ManufacturingDistricts..........................................................................................................................................13 M-1,Limited Manufacturing District..............................................................................................................13A M-2,General Manufacturing District.............................................................................................................. 13B Adult-Oriented Uses..................................................................................................................................................14 Historic Downtown Overlay District........................................................................................................................15 Route47 Overlay District ...................................................................................................... 16 .................................. Nonconforming Buildings,Structures,and Uses............................................................... Off Street Parking and Loading....................................................................................................... ............18 Fences,Screens and Walls........................................................................................................................................19 Signs............................................................................................................................................................................20 Telecommunication Towers,Antennas and Facilities............................................................................................21 AlternativeEnergy Systems......................................................................................................................................22 RooftopWind Energy Systems...........................................................................................................................22A SmallWind Energy Systems...............................................................................................................................22B SolarEnergy Systems..........................................................................................................................................22C CHAPTER 1 Zoning Purpose and Interpretation 10-1-1: TITLE: This Title, including the Zoning District Map made a part hereof and all amendments hereto, shall be known, cited and referred to as the UNITED CITY OF YORKVILLE ZONING ORDINANCE. 10-1-2: AUTHORITY: This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by Illinois state law. 10-1-3: APPLICABILITY: Unless otherwise expressly exempt, the zoning ordinance applies to all land use, structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as allowed by Illinois state law. 10-1-4: INTENT AND PURPOSE: This Title is adopted with the intent to set forth regulations and standards for the following purposes: A. To promote and protect the public health,safety,morals,comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D. To provide adequate light,air,privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health; F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas in order to provide adequate light,air,privacy and access to property; G. To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts, 1. To prevent additions to,or alteration or remodeling of,existing buildings imposed hereunder; J. To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles; K. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; L. To prevent the overcrowding of land and undue concentration of structures,so far as is possible and appropriate in each district,by regulating the use and bulk of buildings in relation to the land surrounding them; M. To conserve the taxable value of land and buildings throughout the City; N. To encourage innovative and low-impact development techniques through the reduction of stormwater run-off, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land; O. To promote pedestrian circulation through a well-designed system of shared-use trails which allows access to local and regional destinations; P. To promote, preserve and enhance those buildings and structures within certain area of the City that are of historical importance; Q. To promote and regulate the use of alternative and renewable energy solutions,where applicable; R. To ensure the objectives of the Comprehensive Plan are considered. S. To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; T.To define and limit the powers and duties of the administrative officers and bodies as provided herein;and U. To prescribe penalties for the violation of the provisions of the Zoning Ordinance, or of any amendment thereto. V. To ensure the provisions of public improvements governing the subdivision and platting of land; street and roadway standards; availability of utilities; and schools and park development are applied to all properties within the City's corporate limits,as prescribed in the Yorkville Subdivision Control Ordinance. 10-1-5: INTERPRETATION: A. Minimum Requirements: The provisions of this Title shall be held to be the minimum requirements for the promotion of public health,safety,morals and welfare. B.Relationship with Other Laws:Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law,ordinance,resolution,rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. C. Existing Agreements: This Title is not intended to abrogate any easement, covenant or any other private agreement, provided, that where the regulations of this Title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Title shall govem.10-1-6: SCOPE OF REGULATIONS: A. Changes in Structures or Use: Except as may otherwise be provided in Chapter 17 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings,uses or land shall be located. B. Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located,and whenever a district shall be changed hereafter, the then existing lawful use may be continued,subject to the provisions of Chapter 17 of this Title. C.Building Permits:When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof,and provided that construction is begun within six(6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued,and further may,upon completion,be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 17 of this Title. D. Existing Special Uses: Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of the City Council, the Zoning Administrator or the Zoning Board of Appeals. 10-1-7: SEPARABILITY: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendment hereto,to a particular building,structure or parcel of land,such judgment shall not affect the application of said provision to any other building,structure or parcel of land not specifically included in said judgment. CHAPTER 2 Rules and Definitions 10-2-1: GENERAL: In the construction of this Title,the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2: RULES: A. Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular. B. The word"shall"is mandatory and not discretionary. C. The word"may"is permissive. D. The word"lot"shall include the words"plot","piece","parcel",;and the phrase"used for"shall include the phrase"arranged for","designed for", "intended for","maintained for",and"occupied for". E. All measured distances shall be expressed in feet,unless otherwise indicated,and shall be calculated to the next integral foot. F. If any calculation results in a fraction,the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoning ordinance,the provisions that are expressed in the text shall apply. H. Words or terms contained in this Title which are not defined hereinafter,shall assume definitions as prescribed in the most current edition of the Merriam-Webster unabridged dictionary. 10-2-3: DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ABUTTING:To have a common property line or zoning district. ACCESSORY BUILDING or USE.:An"accessory building or use" is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area,extent or purpose to the principal building or principal use served. 3. Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE:A measure of land containing forty three thousand five hundred sixty(43,560)square feet. ACREAGE:Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted. AGRICULTURAL SALES AND SERVICE: A use primarily engaged in sale or rental of farm tools and implements,feed,grain,tack,animal care products,and farm supplies and farm machinery repair services that are accessory to the principal use. AGRICULTURAL USE:The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting,and selling crops,or feeding(including grazing),breeding managing,selling, or producing livestock, poultry,fur-bearing animals or honeybees,or by dairying and the sale of dairy products,by any other horticultural, floricultural or viticultural use,by animal husbandry,or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including,but not limited to,providing riding lessons,training clinics and schooling shows. AIRPORT: Any area of land designated,set aside,used,or intended for use, for the landing and take-off of aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities,approach zones. ALCOHOLIC BEVERAGE: any beverage that is the product of distillation of fermented liquids,whether rectified or diluted,whatever may be the origin thereof,and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. ALLEY:A public way, not more than thirty feet(30')wide,which affords only a secondary means of access to abutting property. AMUSEMENT PARK: A commercially operated facility which may include structures and buildings,with a predominance of outdoor games and activities for entertainment,including motorized rides,water slides,miniature golf,batting cages and the like. ANIMAL HOSPITAL:Any building, or portion thereof,designed or used for the care,observation or treatment of domestic animals. ANTIQUE SALES: A building or areas within a building to provide space for the sale of antiques by antique dealers,for items such as clocks,lamps,clothing,rugs,toys,furniture,and the like. AUTOMOBILE REPAIR:Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service,including body,frame or fender straightening or repair and painting of vehicles. Incidental repairs, replacement of parts, and motor service to automobiles. AUTOMOBILE RENTAL: Leasing or renting of automobiles,motorcycles and light trucks and vans,including incidental parking and servicing of vehicles for rent or lease. This definition excludes truck and trailer rental. AUCTION HOUSE: A structure,area,or areas within a building used for the public sale of goods,wares, merchandise,or equipment to the highest bidder. BAKERY,RETAIL: An establishment primarily engaged in the retail sale of baked products. The products may be prepared either on or off site. BAKERY,WHOLESALE: A bakery in which there is permitted the production and/or wholesaling of baked goods, excluding Retail Bakery. BASEMENT:That portion of a building that is partly or completely below grade. BANK: A building for the custody,loan,or exchange of money,for the extension of credit and for facilitating the transmission of funds. This definition includes credit unions,savings and loan facilities,payday loans,personal loan agencies and pawnshops. BED AND BREAKFAST INN(B&B):A private,owner/operator occupied residence with guest rooms,providing overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn is operated primarily as a business. BILLIARD PARLOR:A business establishment for a principal use as a billiard facility. BLOCK:A tract of land bounded by streets or,in lieu of a street or streets,by public parks,cemeteries,railroad rights of way,bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum b feet in height. BOWLING ALLEY: A business establishment with a principal use for the sport of ten-pin bowling which may include incidental food services. BREW PUB:seeMicrohrewery BUFFER: A strip of land,including landscaping, berms,walls,and fences,that is located between land uses of different character and is intended to physically and visually separate one use area from another. BUILDABLE AREA:The space remaining on a building lot after the minimum yard requirements of this title have been complied with. BUILDING:Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors,windows or openings,and which is designed or intended for the shelter,enclosure or protection of persons,animals or chattels. BUILDING,COMPLETELY ENCLOSED:A building separated on all sides from the adjacent open space,or from other buildings or other structures,by a permanent roof and by exterior walls or party walls,pierced only by windows and normal entrance or exit doors. BUILDING,DETACHED:A building surrounded by open space on the same zoning lot. BUILDING,HEIGHT:The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof;to the deck line of a mansard roof;and to the mean height level between eaves and the ridge of a gable,hip or gambrel roof; provided,that where buildings are set back from the street line,the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.(See section 10-2-4 of this chapter for diagram). BUILDING,INSPECTOR:The designated city official responsible for inspecting buildings within the city. BUILDING,LINE:A line or lines,including the building Setback line,on the horizontal surface of a lot,parallel to the front,side and rear lot lines,and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title.(See section 10-2-4 of this chapter for diagram.) BUILDING,MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale,from the premises,of materials used in the construction of buildings or other structures. BUILDING,NONCONFORMING:Any building which does not conform to the regulations of this title prescribing the use,required yards,coverage,height and setbacks,minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located. BUILDING,PRINCIPAL:A non-accessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING,SETBACK LINE:A line parallel to the street line of a distance from it,regulated by the front yard requirements set up in this Title. BUILDING,TEMPORARY:Any building not designed to be permanently located in the place where it is,or where it is intended to be placed or affixed. BULK:The term used to describe the size and mutual relationships of buildings and other structures,as to size, height,coverage,shape,location of exterior walls in relation to lot lines,to the center lines of the streets,to other walls of the same buildings,and to other buildings or structures,and to all open spaces relating to the building or structure. BUSINESS:Any occupation,employment or enterprise wherein merchandise is exhibited or sold,or which occupies time,attention, labor and materials,or where services are offered for compensation. CAMPGROUND: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles,travel trailers, and/or tents. CARPORT:An automobile shelter with two(2)or more sides open. CAR WASH:A building or portion thereof containing facilities for washing more than two(2)motor vehicles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. Coin-operated devices operated on a self-service basis shall be construed to be the same. CEMETERY: Land used or dedicated to the interment of human or animal remains or cremated remains,including crematoriums,mausoleums,necessary sales,and maintenance facilities. Mortuaries shall be included when operating within the boundary of such cemetery. CITY:The United City of Yorkville or the City of Yorkville. CITY COUNCIL:The City Council of the City of Yorkville. CLUB or LODGE,PRIVATE:A for-profit or nonprofit association of persons who are bona fide members paying annual dues which owns,hires or leases a building,or portion thereof,the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available.The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals,though such beverages may be served in a separate room or rooms,and provided that such sale of alcoholic beverages is in compliance with the applicable local,Federal and State laws,and County ordinances. COLLEGE: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate,baccalaureate,or higher degrees. COMMERCIAL FEEDING:A land use or facility used for the confined feeding operation for fish,poultry,swine or livestock. COMMUNITY CENTER: A building or structure used as a place of meeting,recreation or social activity,generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE:A building or structure which: A.Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located;and B.Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. CONTRACTOR OFFICES: A building used for conducting contracting business that does not use any exterior storage area. COURT:An open unoccupied space,other than a yard,on the same lot with a building or group of buildings and which is bounded on two(2)or more sides by such building or buildings. CURB LEVEL:The level of the established curb in front of the building measured at the center of such front.Where a building faces on more than one street,the"curb level" shall be the average of the levels of the curbs at the center of the front of each street.Where no curb elevation has been established,the mean level of the land immediately adjacent to the building shall be considered the"curb level". DANCE HALL: A place of assembly,open to the public and operated for profit,where dances,parties,receptions and other gatherings are held. DATUM POINT: Any reference point of known or assumed coordinates from which calculation or measurements may be taken. DAYCARE,IN-HOME:means any in-home child care service licensed by the State Department of Children and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than(3)and up to a maximum of twelve(12)children under the age of twelve(12)in a family home.The term does not include facilities which receive only children from a single household.(225 ILCS 10,Sec.2.09) DAYCARE FACILITY:mcans any child care facility licensed by the State Department of Children and Family Services(DCFS)which regularly provides day care for less than 24 hours per day for more than three(3)children under the age of twelve(12)in a facility other than a family home.(225 ILCS 10,Sec.2.09) DAYCARE FACILITY,ADULT:means any facility,public or private,regulated by the State of Illinois in accordance with the Older Adult Services Act which provides care for less than 24 hours per day for older adults (seniors)such as nutritious meals,planned program of activities,and social and health related services. DAYCARE FACILITY,PART DAY: means any facility licensed by the State Department of Children and Family Services(DCFS)and which is conducted by a church,religious organization or social service agency in which individual children are provided care,on an intermittent basis,for up to 10 hours per seven day week.Any facility which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours in any given day during the 7 day week.Any facility which provides intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver per 20 children.(225 ILCS 10,Sec.2.09) DAYCARE HOME,GROUP: means any in-home child care service licensed by the State Department of Children and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than three(3) and up to a maximum of sixteen(16)children under the age of twelve(12)in a family home.The number of children allowed includes the fatuity's natural or adopted children and all other person under the age of twelve(12). (225 ILCS 10. Sec.2.09) DECIBEL(dB):A unit of measurement of the intensity(loudness)of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in"decibels". DENSITY,GROSS:A ratio of the total number of dwelling units on a site,divided by the total acreage of the site, to include streets,schools,parks,etc.,expressed as dwelling units per acre. DENSITY,NET:A ratio of the total number of dwelling units on a site,divided by the number of acres used exclusively for a residential-type acreage not to include schools,parks,streets,etc.,expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT(Earth).The amplitude or intensity of an earthborn vibration measured in inches.The displacement or amplitude is one-half(1A)the total earth movement. DISTRICT:A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-THROUGH SERVICE ESTABLISHMENT: a business or establishment which provides all or some of its services through a building opening or window to its patrons who remain in their vehicles. DRIVEWAY: a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a parking space,garage,dwelling or other structure. DRY CLEANING ESTABLISHMENT: An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the operation of any laundry or dry-cleaning equipment or machinery on the premises. DRY CLEANING PLANT: A building,portion of a building or premises used or intended to be used for cleaning fabrics,textiles,wearing apparel,or articles of any sort by immersion and agitation,or my immersions only,in cleaning solvents including but not limited to non-flammable solvents and/or Class I and above combustible liquid solvents. DWELLING:A building or portion thereof,but not including a house trailer or mobile home,designed or used exclusively for residential occupancy,including single-family dwelling units, duplex dwelling units,townhomes and multiple-family dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,DUPLEX: A building designed or altered to provide dwelling units for occupancy by two(2)families within a single structure on separate lots,each of which having independent living quarters with direct access to the outside. DWELLING GROUP:A group of two or more single-family,duplex,townhome and/or multiple family dwellings occupying a parcel of land under a single ownership and having a yard or court in common,excluding hotels and motels. DWELLING,MULTIPLE-FAMILY: A building or portion thereof,designed or altered for occupancy by two(2)or more families living independently of each other within a single or attached structure on one lot,which may or may not share common entrances or other spaces and includes apartments,group homes,and condominiums. DWELLING,SINGLE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one(1)family which is detached from any other dwelling unit and surrounded on all sides by open space on the same lot. DWELLING,TOWNHOUSE:A single-family dwelling unit constructed in a group of three(3)or more attached units on separate lots in which each unit extends from foundation to roof and with a yard or public way on at least two sides. DWELLING UNIT:A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living,sleeping,eating,cooking and sanitation. EASEMENT:A grant by a property owner for the use of a parcel of land by the general public, a corporation,or a certain person or persons for a specific purpose or purposes. EFFICIENCY UNIT:A dwelling unit consisting of one principal room,exclusive of bathroom,kitchen,hallway, closets or dining alcove,directly off the principal room. EQUIVALENT OPACITY:The shade on the Ringelmann Chart that most closely corresponds to the density of smoke,other than black or gray. ERECT:The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT,BUSINESS:A separate place of business having the following three(3)characteristics: A.The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. B.Direct public access to such"business establishment" is separate and distinct from direct access to any other"business establishment". C.There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another, they shall then be considered as a single"business establishment" for the purpose of this title. FAMILY:One or more persons related by blood,marriage or adoption,or a group of not more than five(5)persons (excluding servants)who need not be related by blood,marriage or adoption,living together and maintaining a common household. FENCE:A structure,including gates,or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE,OPEN:A fence which has over its entirety at least fifty percent(50%)of the surface area in open space as viewed at right angles from the fence;except,that the required open space in louver type fences may be viewed from any angle. FENCE,SOLID:A fence which conceals from view,from adjoining properties,streets or alleys,activities conducted behind it. FLOOR AREA,GROSS(For Determining Floor Area Ratio):The sum of the gross horizontal areas of the several floors,including also the basement floor of a building,measured from the exterior faces of the exterior walls or from the centerlines of walls separating two(2)buildings.The"floor area"shall also include the horizontal areas on each floor devoted to: A.Elevator shafts and stairwells. B.Mechanical equipment,except if located on the roof,when either open or enclosed, i.e., bulkheads, water tanks and cooling towers. C. Habitable attic space as permitted by the building code of the city'. D.Interior balconies and mezzanines. E.Enclosed porches. F.Accessory uses. The "floor area" of structures used for bulk storage of materials,i.e.,grain elevators and petroleum tanks, shall also be included in the"floor area"and such"floor area"shall be determined on the basis of the height of such structures with one floor for each ten feet(10')of structure height and if such structure measures less than ten feet(10')but not less than five feet(5')over such floor height intervals,it shall be construed to have an additional floor.The horizontal area in each floor of a building devoted to off street parking and off street loading facilities shall not be included in the"floor area". "Floor area"when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to uses accessory to the operation of the entire building.All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA,RATIO: The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.(See section 10-2-4 of this chapter for diagram.) FLOOR AREA,LIVABLE:Any floor area within outside walls of a residential building exclusive of areas in, basements,lookout basements,unfinished attics,garages,open porches and accessory buildings,but including any area"roughed in"but not completed which is designed and intended for human occupancy. FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot(1')distant from a uniform point source of one candlepower. FOOT-LAMBERT:A unit of brightness,usually of a reflecting surface.A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot(P)distant over one square foot has a brightness of one foot-lambert. FREQUENCY:The number of oscillations per second in a sound wave,measuring the pitch of the resulting sound. GARAGE,BUS:Any building used or intended to be used for the storage of three(3)or more passenger motor buses or motor coaches used in public transportation,excluding school buses. GARAGE,PRIVATE:An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises,and in which no business,service or industry connected directly or indirectly with automotive vehicles is carried on;provided,that not more than one-half(1/2)of the space may be rented for the private vehicles of persons not resident on the premises; except,that all the space in a garage of one or two(2)car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five(5) tons. GASOLINE SERVICE STATION:A place where gasoline,stored only in underground tanks,kerosene,lubricating oil or grease,for operation of automobiles,are offered for sale directly to the public on the premises,and including minor accessories and the services of automobiles,mechanical or manual washing of automobiles,but not including major automobile repairs.Gasoline service stations shall not include sale or storage of automobiles or trailers(new or used). GOLF COURSE: A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related retail sales,restaurant,golf driving range but excluding miniature golf. GOLF DRIVING RANGE: An area equipped with distance markers, clubs,balls and tees for practicing golf drives and putting which may include incidental retail sales and food services,but excludes miniature golf. GRADE:The established grade of the street or sidewalk.Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line.Where no sidewalks exist,the grade shall be the average elevation of the street adjacent to the property line.Except in cases of unusual topographic conditions, as determined by the director of public works,grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption,which typically also offer other home care and personal care products. GROUP HOME: A single-family dwelling housing not more than eight(S)service-dependent or developmentally disabled people living with professional care staff. GUEST,PERMANENT:A person who occupies or has the right to occupy a lodging house,rooming house, boarding house,hotel,apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION:An accessory use of a residential dwelling unit which complies with the requirements of section 3 subsection 10 of this title. HOSPITAL:An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care,for not less than twenty four(24)hours in any week,of three(3)or more non-related individuals suffering from illness,disease,injury, deformity or other abnormal physical conditions.The term "hospital",as used in this Title,does not apply to institutions operating solely for the treatment of mentally ill or chemically dependent persons,or other types of cases necessitating restraint of patients,and the term"hospital" shall not be used for convalescent,nursing,shelter or boarding homes. HOTEL,MOTEL,or INN:An establishment containing lodging accommodations designed for use by transients,or travelers,or temporary guests.Facilities provided may include maid service,laundering of linen used on the premises,telephone and secretarial or desk service,restaurants,cocktail lounges,meeting rooms and ancillary retail uses,provided access to such uses are from the exterior of the principal use. HOUSEHOLDER:The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE:A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE:A material which will not ignite nor actively support combustion during an exposure for five (5)minutes to a temperature of one thousand two hundred degrees(1,200°)Fahrenheit. KENNEL,COMMERCIAL:Any lot or premises or portion thereof on which more than four(4)dogs,cats and other household domestic animals,over four(4)months of age,are kept for sale,or on which more than two(2)such animals are boarded for compensation. LABORATORY, COMMERCIAL:A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAND BANKING: Land that is part of a single-lot or development that is set aside or reserved for a later approved use or development. LAUNDRY: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities;provided that: A.Not more than four(4)persons, including owners,are employed on the premises; and B.No pickup or delivery service is maintained. LIBRARY: A public facility for the use,but not sale,of literary,musical,artistic,or reference materials. LOADING AND UNLOADING SPACE,OFF-STREET:An open,hard-surfaced area of land other than a street or public way,the principal use of which is for the standing,loading and unloading of motor vehicles,tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty five feet in length and fourteen feet in height(10'x 25'x 14'),exclusive of access aisles and maneuvering space. LOOK OUT BASEMENT:A story having more than one-half(1/2)of its height below the curb level or below the highest level of the adjoining ground.A look out basement shall not be counted as a story for the purposes of height measurement. LOT:A parcel of land legally described as a distinct portion or piece of land of record.(See Section 10-2-4 of this Chapter for diagram of lot types.) LOT,AREA:The area of a horizontal plane bounded by the front,side and rear lot lines. LOT,CORNER:A lot situated at the junction of and abutting on two(2)or more intersecting streets;or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°)or less.(See Section 10-24 of this Chapter for diagram.) LOT,COVERAGE:The area of a zoning lot occupied by the principal building or buildings,accessory buildings and all other impervious areas such as driveways,roads,sidewalks,parking lots and structures,and any area of concrete asphalt.(See Section 10-2-4 of this Chapter for diagram.) LOT,DEPTH:The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. LOT, FLAG: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow driveway or strip of land between abutting lots,thereby not meeting the minimum lot frontage requirements. LOT FRONTAGE:The front of a lot shall be that boundary of a lot along a public or private street;for a corner lot, the front shall be the narrowest side of the lot fronting upon a street;provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT,INTERIOR: A lot other than a corner lot or reversed corner lot.(See Section 10-2-4 of this Chapter for diagram.) LOT LINE:A property boundary line of any lot held in single or separate ownership;except,that where any portion of the lot extends into the abutting street or alley,the lot line shall be deemed to be the street or alley line. LOT LINE,FRONT:A lot line which abuts a street shall be the front lot line.For corner lots,the narrowest side of the lot fronting upon a street shall be considered the front of the lot;provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT LINE,INTERIOR: A side lot line common with another lot. LOT LINE,REAR:The rear]at line is the lot line or lot lines most nearly parallel to and more remote from the front lot line. LOT LINE,SIDE:Lot lines other than front or rear lot lines are side lot lines. LOT OF RECORD:A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the county recorder. LOT,REVERSED CORNER:A corner lot,the rear of which abuts upon the side of another lot,whether across an alley or not.(See section 10-2-4 of this chapter for diagram.) LOT,THROUGH:A lot having frontage on two(2)parallel or approximately parallel streets,and which is not a comer lot.On a through lot,both street lines shall be deemed front lot lines.(See section 10-2-4 of this chapter for diagram.) LOT,WIDTH:The mean horizontal distance between the side lot lines measured within the lot boundaries,or the minimum distance between the side lot lines within the buildable area. LOT,,ZONING:A plot of ground tnade up of one or more parcels which are or may be occupied by a use,building or buildings,including the yards and open spaces required by this title. MANUFACTURING ESTABLISHMENT:An establishment,the principal use of which is manufacturing, fabricating,processing,assembly,repairing,storing,cleaning,servicing or testing of materials,goods or products. MARINA: A facility for secure mooring of boats,including facilities for storage and repair of boats and sale of boating supplies and fuel. MEDICAL CLINIC:An establishment where patients are admitted for special study and treatment by two(2)or more licensed physicians or dentists and their professional associates,practicing medicine together. MICROBREWERY OR BREW PUB:A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks.Total production capacity shall not exceed 15,000 barrels per calendar year(465,000 gallons).One(1)U.S.barrel is equivalent to thirty-one(3 1)gallons. MINIATURE GOLF COURSE: A novelty version of golf played with a putter and golf ball on a miniature course, typically theme-oriented with artificial playing surfaces and including obstacles such as bridges and tunnels. MOBILE HOME: A manufactured home structure transportable in one or more sections,which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities,and includes the plumbing,heating,air-conditioning and electrical systems that may be contained therein;except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary(HUD)and complies with the standards established under this Title. For manufactured homes built prior to June I5, 1976,a label certifying compliance to the Standard for Mobile Homes,NFPA 501,in effect at the time of manufacture is required. MOBILE HOME PARK:A lot,parcel or tract of land developed with facilities for accommodating two(2)or more mobile homes,provided each mobile home contains a kitchen,flush toilet and shower or bath;and such park shall be for use only by non-transient dwellers remaining continuously for more than one month,whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale,except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety(90)days after occupancy may be sold or offered for sale. MODULAR CONSTRUCTION: A structure not built on-site,but which is placed on a permanent foundation and meets building code requirements. MOTELS,MOTOR LODGES,TOURIST COURTS:A group of attached or detached buildings containing individual sleeping units,designed for or used temporarily by automobile tourists or transients,with garage attached or parking space conveniently located to each unit,including auto courts,motels or motor lodges,but not including mobile homes. MOTOR FREIGHT TERMINAL:A building in which freight,brought to said building by motor truck,is assembled and sorted for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE:A passenger vehicle,truck,truck trailer,trailer or semitrailer propelled or drawn by mechanical power. NONCONFORMING USE:Any building,structure or land lawfully occupied by use or lawfully established at the time of the effective date hereof,which does not conform after the effective date hereof with the use regulations of this Title. NOXIOUS MATTER:Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, social or economic well-being of human beings. NURSING HOME:A home for the care of children or the aged or infirm,or a place of rest for those suffering bodily disorders,but not including facilities for the treatment of sickness or injuries or for surgical care. NURSERY: Retail business whose principal activity is the selling of plants and having outdoor storage,growing and/or display of plants. OCTAVE BAND:A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER:An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.(American Standard for Sound-Level Meters/A.S.A.-No.224.3 - 1944) ODOR THRESHOLD:The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.Odor thresholds shall be determined in accordance with ASTM Method D 1391-57,"Standard Method for Measurement of Odor in Atmospheres(Dilution Method)". ODOROUS MATTER:Any material that produces an olfactory response among human beings. OFFICE:A place,such as a building,room or suite,in which services,clerical work,professional duties or the like are carried out. OPEN SALES LOT:Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks,motor scooters,motorcycles,boats,trailers,aircraft,monuments,etc.,and for the storing of same prior to sale. PARAPET: An architectural feature of a building where that portion of an exterior wall extends above the roof deck. PARKING AREA,PRIVATE:An open,hard-surfaced area,other than a street or public way,designed,arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA,PUBLIC:An open,hard-surfaced area,other than a street or public way,intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half(1'i,,)tons'capacity,and available to the public,whether for compensation,free or as an accommodation to clients or customers. PARKING SPACE,AUTOMOBILE: Space within a public or private parking area designed in conformance with 10-11-3 of this Title,exclusive of access drives,or aisles,ramps,columns or office and work areas,for the storage of one passenger automobile or commercial vehicle under one and one-half(I tons'capacity. PARKING STRUCTURE: an attached or detached structure that is fully or partially enclosed with one or more levels and is used exclusively for the parking or storage of motor vehicles.This does not include private one-story garages for single-, two-,or multiple-family residential uses.Parking structures may either be above or below grade. PARTICULATE MATTER:Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof,and which separates and is in common use by such adjoining structures. PERFORMANCE STANDARD:A criterion to control noise,odor,smoke,toxic or noxious matter,vibration,fire and explosive hazards,or glare or heat generated by or inherent in uses of land or buildings. PHILANTROPIC INSTITUTION: Any building or group of buildings devoted to and supported by charity. PLAN COMMISSION:The plan commission of the City of Yorkville. PLANNED UNIT DEVELOPMENT:A tract of land which is developed as a unit under single ownership or control,which includes two(2)or more principal buildings,and which is at least four(4)acres in area,except for planned developments operated by a municipal corporation which shall be at least two(2)acres in area,and planned unit developments in manufacturing districts which shall be at least ten(10)acres in area. PORCH:A roofed over structure,projecting out from the wall or walls of a main structure and commonly open to the weather in part. PREFERRED FREQUENCIES: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard N. S1.6-1960,"Preferred Frequencies For Acoustical Measurements". PRINCIPAL USE:The main use of land or buildings as distinguished from a subordinate or accessory use. PROFESSIONAL SERVICES: A business that offers any type of professional service to the public which requires, as a condition precedent to the rendering of such service,the obtaining of a license or other legal authorization. By way of example,and without limiting the generality of this definition,professional services include services rendered by certified public accountants,engineers,chiropractors,dentists,physicians,podiatrists,architects, veterinarians, attorneys at law,physical therapists and insurance agents. PUBLIC OPEN SPACE:Any publicly owned open area,including,but not limited to,the following:parks, playgrounds,forest preserves,beaches,waterways,parkways and streets. PUBLIC UTILITY:Any person, firm,corporation or municipal department duly authorized to furnish,under public regulation, to the public,electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards, locomotive shops,water towers,etc. RAILROAD PASSENGER STATION: A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE: An establishment consisting of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure or bearing recreational vehicle registration license plates. Examples include but are not limited to,motor homes,boats,snowmobiles,and all-terrain vehicles. . RECREATION CENTER: A building or structure used as a place of recreation,generally open to the public and designed to accommodate and serve significant segments of the community. REFUSE:All waste products resulting from human habitation,except sewage. RELIGIOUS INSTITUTION,LARGE: A building,having 400 or more seats or larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION,SMALL: A building,having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple, mosque or other such place for worship and religious activities. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research,investigation,testing or experimentation,but not facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME:See definition of"Nursing Home". RESTAURANT:Any land,building or part thereof where meals are provided for compensation,including a cafe, cafeteria,coffee shop,lunchroom,drive-in stand,tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals,where permitted by local option. RESTAURANT, CONVENIENCE: An establishment commonly referred to as "fast casual" dining with the following characteristics: (a) limited menu items are made-to-order and are prepared only upon request; (b) food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area; and (c) usually part of a chain or franchise establishment. RESTAURANT,FAST FOOD:A quick service restaurant with the following characteristics:(a)typically includes drive-through service;(b)limited menu items consisting of pre-packaged or quickly prepared food items;(c)food is ordered and picked-up at a counter with no table service provided;(d)limited dine-in area;and(4)usually part of a chain or franchise establishment. RETAIL STORE: A building or portion of a building providing area for the selling of new or used goods,wares, merchandise directly to the consumer for whom the goods are furnished. RINGELMANN CHART:A chart which is described in the U.S.bureau of mines information circular 6888,and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER:The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE STAND: A temporary structure which is used solely for the display or sale of farm produce and related materials. No roadside stand shall be more than 300 square feet in ground area and there shall be no more than one roadside stand on any one premise. ROADWAY:That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY:A strip or area of pavement used exclusively for the landing and taking off of aircraft,or for the movement of vehicles incidental to such use. SALVAGE YARD: An open area where waste,scrap metal,paper,rags or similar materials are bought,sold, exchanged,stored,baled,packed,disassembled or handled,including auto,farm implements and machinery,and building wrecking yards,but excluding similar uses taking place entirely within a completely enclosed building. SCHOOL:Elementary,high school or college,public or private,or nonprofit junior college,college or university, other than trade and business schools,including instructional and recreational uses,with or without living quarters, dining rooms, restaurants,heating plants and other incidental facilities for students,teachers and employees. SETBACK:The minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot,except where otherwise regulated by this ordinance. SETBACK,ESTABLISHED:When forty percent(40%)or more of the lots fronting on one side of a street within a block are improved,the existing setbacks of such improved lots shall be the"established setback"for determining the depth of the required front yards for the remainder of the lots along such street frontage,as regulated in this title. SETBACK LINE,BUILDING: See definition of Building Setback Line. SKATING RINK: An establishment that provides facilities for participant skating. SMOKE: Small gas borne particles other than water that form a visible plume in the air. SMOKE UNIT:The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.For the purpose of this chart,Ringelmann density reading is made at least once every minute during the period of observation;each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND LEVEL METER:An electronic instrument which includes a microphone,an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE LEVEL:The intensity of a sound measured in decibels mathematically described as twenty (20)times the logarithm to the base ten(I 0j of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. SPECIAL USE:Any use of land or buildings,or both,described and permitted herein,subject to the provisions of Chapter 14 of this Title. STABLE,PRIVATE:Any building which is located on a lot on which a dwelling is located and which is designed, arranged,used or intended to be used for housing horses for the private use of occupants of the dwelling. STABLE,PUBLIC(RIDING OR BOARDING STABLE): A building and grounds which are designed,arranged, used or intended to be used for the storage,boarding or breeding of horses,including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS:The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. STADIUM:Any facility,building,corral,arena,or structure of any kind designed for use as either a sports facility (including animal sports,i.e.,rodeos,horse races,etc.),entertainment facility,whether for profit or not,where activities are to be undertaken generally for the entertainment of others.Said description includes ball fields,when any type of structure is involved,skating rinks,racetracks,football or soccer fields,softball fields,gymnasiums, swimming facilities,music halls, theaters,stages or any other type of field or facility. STORY:That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above,then the space between the floor and ceiling next above it.Any portion of a story exceeding fourteen feet(14')in height shall be considered as an additional story for each fourteen feet(14')or fraction thereof. STORY,HALF:That portion of a building under a gable,hip or mansard roof,the wall plates of which on at least two(2)opposite exterior walls are not more than four and one-half feet(411,')above the finished floor of each story. In the case of one-family dwellings,two-family dwellings and multiple-family dwellings less than three(3)stories in height,a half story in a sloping roof shall not be counted as a story for the purpose of this title.In the case of multiple-family dwellings three(3)or more stories in height,a half story shall be counted as a story. STREET:A way other than an alley which affords a primary means of access to abutting property. STREET LINE:A line separating an abutting lot,piece or parcel from a street. STRUCTURAL ALTERATIONS:Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls,columns,beams and girders. STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TAVERN OR LOUNGE:A building where liquors are sold to be consumed on the premises,but not including restaurants where the principal business is serving food. TAXICAB BUSINESS: A service that offers transportation in passenger automobiles and vans to persons in return for remuneration. The business may include facilities for servicing, repair,and fueling the taxicabs or vans. TERRACE,OPEN:A level and rather narrow plane or platform which,for the purpose of this title,is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet(4')in height above the average level of the adjoining ground. THEATER: A structure used for dramatic,operatic,motion pictures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions. TITLE: Reference to"title" herein shall be construed to be the Yorkville zoning ordinance. TOURIST HOME:A dwelling in which accommodations are provided or offered for transient guests. TOXIC MATERIALS:A substance(liquid,solid or gaseous)which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property. TRADE SCHOOL: A school established to provide for the teaching of industrial,clerical, managerial,or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum(e.g.,beauty school,modeling school). TRAILER:A vehicle without motive power,designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer,boat trailer,horse trailer or cargo trailer. TRAILER,CAMPING:A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty(130)square feet. TRAILER HOUSE OR MOBILE HOME:see Mobile Home definition, TRAILER,TRAVEL:A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square feet or more but less than three hundred twenty(320)square feet. TREATMENT CENTER: One or more buildings designed and used for the medical and surgical diagnosis and treatment. This definition excludes Hospitals and Nursing Homes. TRUCK AND TRAILER RENTAL: Leasing or renting of trucks and trailers,including incidental parking and servicing of vehicles for rent or lease. TRUCK STORAGE YARD:Any land used or intended to be used for the storage or parking of trucks,trailers, tractors,and including commercial vehicles,while not loading or unloading,and which exceed one and one-half (11/2)tons in capacity. USABLE OPEN SPACE: Ground area of a lot,landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which: A.Is not devoted to public or private roadways or driveways and off street parking and loading; B. Is accessible and available only to occupants of dwelling units on the premises,except balconies; C.Is not covered by buildings,except not more than five percent(5%)of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises, D.Has not less than ten feet(10')at its narrowest dimension between either a lot line and an area not qualifying as usable open space, and E.Is developed, landscaped and maintained suitable for pedestrian,recreational and leisure use. USE:The purpose for which land or a building thereon is designed,arranged or intended,or for which it is occupied or maintained, let or leased. USE,LAWFUL:The use of any building,structure or land that conforms with all of the regulations of this title and which conforms with all of the codes,ordinances and other legal requirements as existing at the effective dale hereof for the structure or land that is being examined. USE,NONCONFORMING: See definition of Nonconforming Use. USE,PERMITTED:Any use which is or may be lawfully established in a particular district or districts,provided it conforms with all requirements.regulations,and when applicable,performance standards of this title for the district in which such use is located. USE,PRINCIPAL:The dominant use of land or buildings as distinguished from a subordinate or accessory use. USE,SPECIAL:A use that has unusual operational,physical or other characteristics that may be different from those of the predominant permitted uses in a district,but which is a use that complements and is otherwise,or can be made, compatible with the intended overall development within a district.Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title. VACANT LAND: a lot or parcel of land on which no improvements or structures have been constructed or actively used for any land use purpose. WAREHOUSE:A structure,part thereof,or an area used principally for the storage of goods and merchandise for wholesale or distribution,excluding bulk storage of materials that are inflammable or explosive or that present hazards. VIBRATION:The periodic displacement,measured in inches,of earth at designated frequency-cycles per second. YARD:An open area on a lot which is unobstructed from its lowest level to the sky,except as otherwise provided in this title. YARD,FRONT: A yard extending along the full width of a front lot line between the side lot lines, and has a depth between the front lot line and the front yard line. YARD,INTERIOR SIDE:A side yard which adjoins another lot or an alley separating such side yard from another lot. YARD LINE:A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard.A building,structure or other obstruction shall not encroach into the area between the"yard line"and such adjacent lot line,except for such permitted obstructions in yards as are set forth in this title.(See section 10-2-4 of this chapter for diagram.) YARD,REAR:A yard extending along the width of the rear lot line between the side lot lines,and from the rear lot line to the rear yard line in depth. YARD,SIDE:A yard extending along the length of a side lot line between the rear yard line and front yard line, from the side yard line to the side lot line in width. YARD,SIDE-ADJOINING A STREET:A yard which is bounded by the front lot line,side yard adjoining a street line and rear lot line. YARD,TRANSITIONAL:A yard that must be provided on a lot in a Business District which adjoins a lot in a Residential District as a buffer and subject regulations provided in the Landscape Ordinance. ZONE:A district,as defined in this section. ZONING BOARD OF APPEALS: See Title 2,Chapter 2 of this code. 10-2-4: DIAGRAMS: See following pages for diagrams: BUILDING- -Lo _ L - 1 1 1 M CABLE HIP 8AM E REL MANSARD FLAT IUAMMTW OU YARD a BUILDING LINES REAR LOT LINE REAR YARD 4: I � is ::�:�::: :� `::�� =: -: : ::•;<�;•:. W � f :7 s t" I W z =:1 DA B LE • BUIL �AREA:�.. O W :1 I Q z •:I I: dig CP :.J LLI IC d h :� tIl :•:� ~ o I m :•I I < I F BUILDING SETBACK LINE J I 7-FRONT YARD STREET ILLUSTRATION ONLY FLOOR AREA RATIO FAR 0.8 .y �?OA; 0.4 ST - �- REFr ILLUSTRATION ONLY TYPES OF LOTS OI STREET o W W ® o o STREET Q INTERIOR LOT Q2 CORNER LOT Q REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY LOT COVERAGE \1 /0 10% y ILLUSTRATION ONI!' 1 V-L-17 - - LOT D I MENS IQMS s 1 f I I f I r � r � x w � u 146. LOT WIDTH LOT WIDTH BUILDING SETBACK U" I �ID rH- STREET ILLUSTRATION ONLY CHAPTER 3 General Zoning Provisions 10-3-1: USE AND BULK REGULATIONS: A. Use:No building,structure or land shall hereafter be used or occupied,and no building or part thereof,or other structure,shall be erected,razed,moved,reconstructed,extended,enlarged or altered except in conformity with the regulations herein specified in the district in which it is located. B. Principal Use:No lot shall have erected upon it more than one(1)principal permitted use.No more than one(1) principal building shall be permitted on one(1)lot,except that commercial uses,shopping centers,apartment and condominium projects and manufacturing developments,all receiving site plan or Planned Unit Development approval,may be permitted to have more than one(1)building on a lot in accordance with standards of the zoning district in which they are located. C.Bulk:All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located;except,that parapet walls,chimneys,cooling towers,elevator bulkheads,water towers,stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. D.Division of Zoning Lots:No zoning lot improved with a building or buildings shall hereafter be divided into two (2)or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold unless all zoning lots resulting from each division or sale and improved with a building or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located. E.:Flag-lots only accessible via an easement shall not be permitted.Flag lots shall be avoided,except where necessary to overcome specific disadvantages of topography and orientation,and where limited access to a street exists. F.Building Height Measurement: Building Height shall be measured from the datum point established by the average of the two(2)grades along each side lot line where the front yard line meets the side lot lines to the highest point of the roof or parapet. 10-3-2: OPEN SPACE ON LOTS: A.Maintenance of Yards,Courts and Other Open Spaces:The maintenance of yards,courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence.Furthermore,no legally required yards,courts,other open space or minimum lot area allocated to any building shall,by virtue of change of ownership or for any other reason,be used to satisfy yard,court,other open space or minimum lot area requirements for any other building. B.Location of Required Open Space:All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group,except as otherwise permitted in planned development and planned open spaces. C.Required Yards for Existing Buildings:No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below,or further reduced below if already less than,the minimum yard requirements of this Title for equivalent new construction,except as provided in Section 10-10-7 of this Title. D.Permitted Obstructions in Required Yards:The following shall not be considered to be obstructions when located in the required yards specified(also refer to Table 1:Permitted Accessory Buildings, Structures and Obstructions): 1. In All Required Yards: a.Open terraces not over four feet(4')above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; b.Awnings and canopies adjoining the principal structure not exceeding three feet(3')or less into required yard', c.Steps four feet(4')or less above grade which are necessary for access to a zoning lot from a street or alley, d.Chimneys projecting eighteen inches(18")or less into the yard, e.Arbors and trellises; f.Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3- 2E of this Title. g.Flagpoles. h.Fences as regulated in Chapter 19 Fences, Screens and Walls of this Title. 2.In Front Yards: a.One story bay windows projecting three feet(3')or less into the yard; b.Ornamental light standards; c.Overhanging eaves and gutters projecting three feet(3')or less into the required yard. 3. In Rear Yards: a.Enclosed, attached or detached off-street parking spaces; b. Open off-street parking spaces, c.Accessory Buildings and Structures as regulated in Section 10-3-5 of this Title. d. Balconies,breezeways,open porches,and one-story bay windows projecting three feet(3')or less into the required yard: e. Overhanging eaves and gutters projecting three feet(3')or less into the required yard. f. Recreational equipment and clotheslines/racks, 4.In Side Yards: a.Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%)of the required yard width,but in no case exceeding thirty inches(30"); b.Air-conditioning units for a distance not exceeding ten percent(10%)of the required yard width,but in no case exceeding twelve inches(12"). E.Comer Clearance:There shall be no buildings,structures or landscaping which obstruct vision on any corner lot between a height of two feet(2')and a height of ten feet(10')above the finished grade of either street within a forty foot(40')triangle formed by the intersecting street lines. F.Encroachment into Required Yards: It shall not be deemed a violation of the yard requirements of this Title if an existing residential building or structure encroaches upon a required yard under the following conditions: a.The encroachment does not exceed three(3)inches;and b.The building or structure does not encroach upon more than one required yard. 10-3-3: LOT AREA AND DIMENSION: A.Contiguous Parcels:When two(2)or more parcels of land,each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located,are contiguous and are held in one ownership,they shall be used as one zoning lot for such use. B.Lots or Parcels of Land of Record:Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use;provided,that yards,courts or usable open spaces are not less than seventy five percent (75%)of the minimum required dimensions or areas,except as provided in Section 10-10-7 of this Title. 10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development,not more than one principal detached residential building shall be located on a zoning lot,nor shall a principal detached residential building be located on the same zoning lot with any other principal building, 10-3-5: ACCESSORY BUILDINGS AND STRUCTURES: A.Permitted Accessory Buildings and Structures: sheds;tool rooms;similar buildings or structures for domestic or agricultural storage;gazebos;green houses;play ground equipment;pools; recreational courts;playhouses; stables;garages and parking structures.Refer to Table l:Permitted Accessory Buildings,Structures and Obstructions. B. Location:No part of any accessory building or structure shall be located closer than five feet(5')from any side or rear property line.No accessory building or structure shall be closer than ten feet(10')to any main building or closer to the public way than the principal building on the lot. C.Time of Construction:No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. D.Height of Accessory Buildings or Structures in Required Rear Yards:No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet(15')in height. E.On Reversed Comer Lots:On a reversed corner lot in a residence district and within fifteen feet(15')of any adjacent property to the rear in a residence district,no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%)of the least depth which would be required under this title for the front yard on such adjacent property to the rear.Further,in the above instance,no such accessory building shall be located within five feet(5')of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. 10-3-6: ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title,every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. 10-3-7: TRAILERS; TENTS; BOATS: A. Trailers: For the purposes of this section, trailers shall include,but not be limited to,utility trailers,boat trailers,horse trailers,cargo trailers,camping trailers,and travel trailers. B. Permanently Affixing to Ground Prohibited:Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. C. Parking and Storage Restricted:Trailers shall not be parked or stored on any lot other than as lawfully permitted by this Code.Travel trailers shall only be located in lawfully established travel camp,trailer sales or manufacturing establishment or in accordance with Section 10-3-6D.However, in a residence district,no more than one trailer may be parked or stored openly in the driveway of a residential lot and shall not block the pedestrian way or sidewalk D. Trailers stored in the open on a residential lot shall not be located within the required side yard or front yard unless as permitted in Section 10-3-7B of this title.However,trailers may be stored openly in the rear yard of a residential lot,provided that it shall: 1. Be no closer than ten feet(10')to a side or rear lot line. 2. No trailer or other recreational vehicle as defined in Chapter 2 of this Title,shall be utilized for lodging or residential purposes unless as permitted in Section 10-3-7C. 3. Trailers shall not be connected to any utility for electricity,water,gas usage unless permitted for temporary parking in accordance with Section 10-3-7C. E. Temporary Parking:Temporary parking and use of travel trailers shall be permitted when a permit has been issued by the zoning officer for the following purposes: 1.Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty(30)day period. 2.Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building provided such trailers are located on the same or contiguous lot as the building being constructed. 3.Travel trailers permitted for temporary parking shall be stored as required in Section 10-3-7B of this Title. F. Tents:Tents shall not be erected,used or maintained on any lot,except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling.Temporary use of tents for religious,amusement and recreation,business or manufacturing purposes shall be allowed when a permit has been issued for such use by the zoning officer. G. Boats:Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling,provided,that it shall be located within the buildable area or in a rear yard and no major repair,disassembly or rebuilding operations are conducted thereon.(Ord. 1973-56A,3-28-1974) 10-3-9: PERFORMANCE STANDARDS: The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title,noise, smoke,odorous matter,vibration, toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to all residence or business districts. 10-3-10: HOME OCCUPATIONS The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the residential character of the surrounding residential uses.Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district.Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chapter 17 for the elimination of nonconforming use. In all residence districts,any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes. B. It is not conducted from a detached or attached accessory building,or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than twenty-five percent (25%)of the floor area,including the lookout basement,of the dwelling shall be devoted to such home occupation.If more than one(1)home occupation is operated in a residence, the combined total square footage devoted to all such home occupations shall not exceed twenty-five percent(25%)of the floor area of the dwelling. C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling,except one nameplate,no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted only by the residents of the dwelling,plus only one additional person not living on the premises. E. No electrical or mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F. The home occupation shall not generate traffic or deliveries beyond what is normally expected in the zoning district in which it is located and off-street parking for the occupational use shall be in accordance with the provisions of Chapter 18:Off-Street Parking and Loading of this Title. G Limited amounts of goods,commodities or stock in trade shall be received,retained,used or stored on,or physically transferred from the premises.Jobbing,wholesale or retail businesses,unless conducted entirely by mail,electronically or telephone,is prohibited. H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling, and not more than one pupil at one time in any other type dwelling unit. I. No permitted home occupation(s)shall interfere with the reasonable use and enjoyment of adjacent residential properties,such as,but not limited to, those home occupations that create any form of electro- magnetic interference or cause fluctuation in line voltage outside of the dwelling the home occupation is conducted. J. The home occupation does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district. K. The home occupation does not involve any illegal activity. L. In-Home Daycare/Childcare Services are permitted as home occupations subject to the following provisions: 1.Any person operating an in-home daycare/childcare service is required to obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service. 2.Any person operating an in-home daycare/childcare service is also required to obtain an operational permit from the Bristol Kendall Fire District, 3. In-home daycare/childcare services are limited to no more than twelve(12)children under the age of twelve(12)at any one time,or obtain special use permit approval for additional children pursuant to Chapter 6 of this Title. M. The following home occupations are prohibited: 1.Manufacturing business 2.Medical clinic or hospital 3.Animal hospital or kennel(animal grooming services are permitted) 4.Restaurant 5.Mortuary and funeral parlors 6.Any activity that produces noxious matter or employs or produces flammable matter or is in violation of Section t0-3-10 of this Title. 10-3-11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: When a use is not specifically listed in the sections devoted to"uses permitted",it shall be assumed that such uses are hereby expressly prohibited unless,by a written decision of the Zoning Administrator, it is determined that said use is similar to and not more objectionable than uses listed. CHAPTER 4 Zoning Administration and Enforcement Section: 10-4-1:Organization 10-4-2: Administration 10-4-3: Enforcement 10-4-4: Plan Council 10-4-5: Plan Commission 10-4-6: Zoning Board of Appeals 10-4-7: Variations 10-4-8: Appeals 10-4-9: Special Uses 10-4-10: Amendments 10-4-11: Annexations 10-4-12: Permits and Certificates 10-4-13: Rees and Penalties 10-4-1: ORGANIZATION A. The primary responsibility for implementing and administering this Title is hereby vested in the following bodies: 1. Zoning Administrator 2. Zoning Officer 3. Plan Council 4. Plan Commission 5. Zoning Board of Appeals 6. City Council B, Authority and Administrative Functions: This Chapter shall first set out the authority of each of the designated administrative bodies, and then describe the procedures and substantive standards with respect to the following administrative functions: 1. Issuance of building permits and certificate of occupancies 2. Plan Review 3. Variations 4. Appeals 5. Special Uses 6. Amendments 7. Annexations 8. Fees and Penalties 10-4-2: ADMINISTRATION A. Zoning Administrator: The Director of the Department of Community Development shall be the zoning administrator. Acting in this capacity, the Director of the Department of Community Development shall administer the provisions of this Title. B. Duties: The Zoning Administrator is duly appointed and shall enforce the zoning regulations in addition thereto,and in furtherance of such authority,shall: 1.Identify all nonconforming structures and uses. 2. Forward to the Plan Commission applications for amendments to the zoning Title text or map, special uses and County mile and one-half reviews. 3.Forward to the Zoning Board Appeals applications for appeals and variances. 4. Forward applications, site plans and related information to the Plan Council in all cases which require plan reviews as defined in Section 10-4-4 of this Chapter, and as required in specific zoning districts under the provisions of this Title. 5. Interpret the zoning regulations when questions arise,including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses,are of the same general character and permit their establishment. b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records of the zoning ordinance, including but not limited to, all maps,amendments,variations,appeals,and publications thereof. 7. Assist in providing public information relative to all matter pertaining to this Title and open records for public inspection,as deemed required by law. 8. Initiate, direct, and review, from time to time, a study of the provisions of this Title and administrative record of variances and appeals, and make reports of his/her recommendations to the City Administrator and the appropriate Board or Commission. 9. Administer the comprehensive plan and make interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies,and community need or benefit. 10.Delegate other duties as may be placed upon him/her by this Title. 10-4-3: ENFORCEMENT: A. Zoning Officer: The Chief Building Code Official,hereinafter referred to as the"officer",is designated as the zoning officer of the city. B. Duties:The Zoning Officer shall,with the exception of interpretations unless otherwise authorized,be responsible for enforcing this Title.Said officer shall have the power and shall see that the provisions of this Title are properly enforced and in furtherance of such authority,shall: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terns of this Title. 3. Issue violation notices requiring compliance within thirty (30) days and advising suspected violators of their right to appeal;and to issue citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Enforce all orders of the Zoning Board of Appeals and City Council. C. City Officers,Employees and Citizens: It shall also be the duty of all officers,citizens and employees of the city,particularly of all members of the Community Development,Engineering,Public Works and Police departments, to assist the zoning officer by reporting to him any new construction,reconstruction, improved land uses or upon any seeming violation. 10-4-4: PLAN COUNCIL: A. Purpose:To carry out the site plan review of applications and petitions related to concept plan,County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat. B. Members: The Plan Council is hereby created and may consist of the City Administrator, Community Development Director, City Engineer, Chief Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Emergency Medical Representative, and Fire District Representative. C. Meetings: The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. D. Duties: The Plan Council shall have the duties as set forth herein and as follows: 1. Review on all site plans and documents related to concept plan,County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat for compliance with City Ordinances,standards and policies. 2. Work cooperatively with the applicant(s)to find mutually acceptable site design and improvement solutions to specific site problems,in accordance to City Ordinances,standards and policies. 3. Prepare recommendations based upon review of site plans and documents to Commissions and/or Boards prior to holding of a public hearing on the application or petition. E. The City Administrator shall have final authority with regard to members and meeting schedule for the Plan Council. 10-4-S: PLAN COMMISSION: The city Plan Commission,which has been duly created by the Mayor as defined in Section 2-1-1 of the City Code, shall have the authority,responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for text amendments, map amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate,direct and review,from time to time,studies of the provisions of this title,and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this title. D. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the city. 10-4-6: ZONING BOARD OF APPEALS: The City Zoning Board of Appeals,which has been duly created by the Mayor as defined in Section 2-2-1 of the City Code,shall have the authority,responsibility and duties as set forth herein and as follows: A. To hear and decide appeals from any order,requirement,decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B. To hear and pass upon applications for variations from the terms provided in the zoning ordinance in the manner prescribed by and subject to the standards established therein. C. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. D. To enforce and make all decisions under the sign ordinance. 10-4-7: VARIATIONS: A. Authority:The Zoning Board of Appeals, after a public hearing,may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Zoning Board of Appeals holds a public hearing and makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. Unless otherwise specified herein,the Mayor and City Council shall have the final decision on variations. B. Application and Notice of Hearing: An application for a variation shall be filed in writing with the zoning administrator. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this section on which the Zoning Board of Appeals may act shall be submitted to the zoning administrator and acted on in the following manner: 1. The city clerk shall publish notice of a public hearing on such application for variation,stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 104-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. C. Standards for Variations: 1. The Zoning Board of Appeals shall not vary the regulations of this title,nor recommend to the City Council variation of this title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code are complied with in addition to the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. f The proposed variation is consistent with the official Comprehensive Plan and other development standards and policies of the city. 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title. D. Authorized Variations: 1. Variations from the regulations of this title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations,but by no more than twenty-five percent(25%). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. c.To permit the same off street parking facility to qualify as required facilities for two (2) or more uses provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations,whichever number is greater. e.To increase by not more than twenty five percent(25%)the maximum distance that required parking spaces are permitted to be located from the use served. f. To allow for the deferment, or land banking, of required parking facilities for a reasonable period of time,such period of time to be specified in the variance. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. h.To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. 2.The concurring majority vote of the Zoning Board of Appeals members shall be necessary to grant a variation. 3. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation.The concurring vote of two-thirds(`h)of all members of the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. E. Action of the Zoning Board of Appeals: 1.The Zoning Board of Appeals,on those matters defined as authorized variations,shall render a decision of approval, approval with conditions,or disapproval based upon the findings of fact as defined in subsection C of this Section for final action. 2. The Zoning Board of Appeals, on all other variations which shall be granted by the City Council,shall make recommendations to the City Council for approval,approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action or for referral back to the Zoning Board of Appeals for further consideration. F. Revocation: Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance,unless extended by the Zoning Administrator. 10-4-8: APPEALS: A. Purpose:An appeal may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination made by the Enforcing Officer, by any person aggrieved by the action taken under the regulations of this Title. The Zoning Board of Appeals shall hear the appeal and forward its recommendation(s)to the Mayor and City Council for final determination. B. Initiation:An appeal maybe taken within forty-five(45)days of the action complained of by filling with the Enforcing Officer a notice of appeal specifying the grounds thereof, who shall forward such appeal to the Zoning Board of Appeals. C. Public Hearing: A public hearing shall be conducted by the Zoning Board upon every appeal.Notice of the hearing shall be posted at least twenty-four(24)hours in advance of said public hearing in the City Clerk's office, D. Decisions:The Board of Appeals may recommend to reverse or affirm,wholly or partly,or may modify the order,requirement,decision,or determination relating to this Title, made by the Enforcing Officer and said recommendation shall be forwarded to the Mayor and City Council for final determination. 10-4-9: SPECIAL USES: A. Purpose: The development and execution of this Title is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however,that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location.Such special uses fall into two(2)categories: 1.Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the Zoning Administrator and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. Such application shall be forwarded from the Zoning Administrator to the Plan Council for review and Plan Commission for public hearing and recommendation to the Mayor and City Council. D. Hearing on Application for Special Use: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing and acted on in the following manner: 1. The city clerk shall publish notice of a public hearing on such application for variation,stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the lime, place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 104-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. E. Authorization: For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite there from, such special use shall not be granted except by the favorable vote of two-thirds ('l,)of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed special use and a copy upon applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed special use. F. Standards: No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminishes and impairs property values within or near the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. b. The proposed special use is not contrary to the objectives of the Official Comprehensive Plan of the city as amended. G. Conditions and Guarantees: 1. Prior to the granting of any special use, the Plan Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection H. 2. In all cases in which special uses are granted the Plan Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the special use are being and will be complied with as required. H, Action of the Plan Commission: 1. The Plan Commission shall make recommendations to the City Council to grant or deny an application for special use, and may establish such conditions and restrictions as defined in subsection G. above for final action. The City Council may grant or deny, by ordinance, any application for special use or refer back to the Plan Commission for further consideration. 2. Any application for a special use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Plan Commission shall not be approved except by the favorable vote of two-thirds (213) of all the members of the City Council, and any special use application which receives the favorable recommendation or favorable recommendation with conditions from the Plan Commission may be denied by a majority vote of the City Council. 1. Effect of Denial of Special Use:No application for special use,which has been denied wholly or in part by the City Council, shall be resubmitted for a period of one (1) year from the date of said denial, except on the grounds of new evidence or proof of change of conditions. F. Revocation: In any case where a special use has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless it is in place and in active use within three(3)years of the date of issuance,unless extended by the Zoning Administrator. 10-4-10: AMENDMENTS: A. Initiation of Amendments: Text Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals , City official, majority beneficiary of land trust, contract purchaser or any property owner. Map Amendments may be proposed by the owner of the property involved, the Mayor and City Council, the Plan Commission,the Zoning Board,or other City official. B. Processing: 1. Filing of Application, Contents: An application for an amendment shall be filed with the Zoning Administrator. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded to the Plan Commission with the request to hold a public hearing. 2. Hearing: Upon receipt in proper form of the application and statement referred to above,the Plan Commission shall hold at least one public hearing on the proposed amendment.However,the Plan Commission may continue from time to time the hearing without further notice being published. 3. Notice of Public Hearing: a. The city clerk shall publish notice of a public hearing on such application for amendments, stating the time,place, and purpose of the hearing, at least fifteen(15)but not more than thirty (30)calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet(500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. c. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. d. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-713 of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. 4. Findings of Fact and Recommendation of The Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same,together with its recommendations to the Mayor and City Council. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a.The existing uses and zoning of nearby property. b. The extent to which the property values are diminished by the particular zoning restrictions. c. The extent to which the destruction of property values of plaintiff promotes the health, safety,morals or general welfare of the public. d. The relative gain to the public as compared to the hardship imposed upon the individual property owner. e. The suitability of the subject property for the zoned purposes. f. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity if the subject property. g.The community need for the purposed use. h. The care to which the community has undertaken to plan its land use development. C. Decisions: 1. Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting shall be required to recommend granting or denying an application for an amendment. b. Report to the City Council shall contain number present and number of votes for/or against the motion. 2. Mayor and City Council: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission,may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six(6)months of the date upon which such application is received by the Mayor and City Council,it shall be deemed to have been denied. 10-4-10: ANNEXATIONS: A. Petition for Annexation: All annexations shall be initiated by the filing of a petition with the Zoning Administrator.Such petitions shall be verified under oath by all the record title owners,including mortgage holders,of all the lands included within the annexation. B. Request for Zoning Amendments or Variations: 1. Process: All petitions for annexation agreement requesting a zoning classification other than the R-1, Single Family Suburban zoning classification which is assigned to lands annexed to the city not requesting a rezoning, or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the city. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in section 10-4-13 of this chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. Public Notice and Hearing for Zoning Amendments and Variations in Annexation Agreements: The Plan Commission shall hold a public hearing on the zoning amendment aspects of annexation agreements in the following manner: a. The city clerk shall publish notice of a public hearing on such application for variation, stating the time,place,and purpose of the hearing,at least fifteen(15)but not more than thirty(30)calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary.The notice shall state the time,place, and purpose of the hearing, and shall be sent not more than thirty (30) calendar days in advance of the hearing. c. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. d. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served,and attach thereto all United Stales Post Office return receipts as documentation of compliance with provisions in Section 104-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. In the event that a zoning variation is being requested as part of the annexation agreement, the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the annexation agreement. C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the city, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the city shall set the time and place of public hearing and the city clerk shall cause notice of the said hearing to be published in the manner specified in subsection B of this section above. At the conclusion of the hearings before the city Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations,the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement.. 10-4-12: PERMITS AND CERTIFICATES A. Building Permit: 1. Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection,reconstruction,enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this title. 3. Site Plan:Every application for a building permit submitted to the officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot,yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. A. Certificate of Occupancy: 1. A certificate of occupancy to be issued by the officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a.Occupancy and use of a building hereafter erected or enlarged. b.Change in the use of an existing building. c.Occupancy and use of vacant land except for the raising of crops. d.Change in the use of land to a use of a different classification except for the raising of crops. e.Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued. B. Application for Certificate;Action On: I. Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be acted upon within three(3)business days after a written request for the same has been made to the officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this title. 2. Written application for a certificate of occupancy for the use of vacant land,or for a change in the use of land or of a building, or for a change in a nonconforming use,as herein provided,shall be made to the officer. If the proposed use is in conformity with the provisions of this title, the certificate of occupancy therefore shall be issued within three (3) business days after the application for the same has been made. C. Temporary Certificate of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the officer for a period of not more than six(6)months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed,but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. D. Contents of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title. E. Records Kept:A record of all certificates of occupancy shall be kept on file in the office of the officer and a copy shall be forwarded, on request,to any person having proprietary or tenancy interest in the building or land affected. 10-4-13: FEES AND PENALTIES: A. Petitions pertaining to Annexation, Zoning Amendment, Special Use, Variances shall be responsible for application and application review fees as provided in Section 1-7-9 of this Code. B. Any person who violates,disobeys,omits,neglects, and refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1-4-1 of this Code. CHAPTER 5 Zoning Districts and Maps 10-5-1: DISTRICTS ESTABLISHED: For the purpose and provisions herein,Yorkville is hereby organized into sixteen(lb)districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title FZoninlz District IMinimum Acres Chapter 9 1 Agricultural District --- Chapter 10 Open Space Chapter 11,Article A FE-1 Estate District 1 Chapter 11,Article B R-1 Single-Family Suburban Residence District 10 Chapter 11,Article C R-2 Single-Family Traditional Residence District 10 Chapter 11,Article D R-2 Duplex,Two-Family Attached Residence District --- Chapter 11,Article E R-3 Multi-Family Attached Residence District 5 Chapter 11,Article F R-4 General Multi-Family Residence District 2 Chapter 11,Article G CDD Conservation Design District --- Chapter I2,Article A 10 Office District 1 Chapter 12,Article B B-1 Limited Business District 1 Chapter 12,Article C 8-2 General Business District 2 Chapter 12,Article D B-3 Service Business District 2 Chapter 12,Article E [11-4 Business District 2 Chapter 13,Article A M-1 Limited Manufacturing District 10 Chapter 13,Article B M-2 General Manufacturing District 10 10-5-2: ZONING MAP: The boundaries of the zoning districts designated in Section 10-5-1 of this Chapter are hereby established as shown on the latest edition of the map entitled"Zoning Map:The United City of Yorkville",,which said map shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon,were fully set forth and described herein. 10-5-3: DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A. District boundary lines are either the center lines of railroads, highways,streets, alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the map measured at right angles from the center line of the street or highway,and the length of frontage shall be in accordance with dimensions shown on the map from section,quarter-sections or division lines,or center lines of streets,highways or railroad rights of way unless otherwise indicated. C. Where a lot held under single ownership and of record on the effective date hereof is divided by a district boundary line,the entire lot shall be construed to be within the less restricted district;provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet(25'). 10-5-4: ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated,shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets,public ways,or waterways and railroad rights of way.Where the center line of a street, alley,public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated,shall be deemed to be the same as that of the abutting property up to such center line. 10-5-5. ZONING OF ANNEXED LAND: Any territory or land hereafter annexed to the City shall automatically, upon such annexation be classified within the R-1 Residential District and be subject to all conditions and regulations applicable to land in such district until such land is subsequently rezoned; or the owner if owners of the territory or land to be annexed voluntarily enter into an annexation agreement which specific zoning classification and other restrictions affecting said territory or land concurrently with the petition for annexation and pursuant to Section 10-4-10 of this Title. 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R 0 1 CHAPTER 8 Planned Unit Development SECTION: 10-8-1: Purpose and Intent 10-8-2: Authority 10-8-3: Definition and Size Limitations 10-8-4: Procedures for Establishment 10-8-5: Pre-Application Conference 10-8-6: Concept PUD Plan Review 10-8-7: Preliminary PUD Plat 10-8-8: Final PUD Plat 10-8-9: Amendments or Minor Revisions to PUD Plat 10-8-10: Conditions for Approval 10-8-11: Development Standards and Design Criteria 10-8-12: Fees 10-8-13: Separability 10-8-14: Effective Period of Planned Unit Development 10-8-15: Effective Date 10-8-1: PURPOSE AND INTENT: Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as"Special Uses" under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly,in the immediate surroundings,than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD;then the amount of open space,retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping(in terms of size of landscape areas and quantity and quality of landscape materials)within the developed par-Lions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited.Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Providelenhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-8-2: AUTHORITY: A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification,or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-8-3: DEFINITION AND SIZE LIMITATIONS: A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two(2) acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten (10)acres in area. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-8-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents.Detailed plans,drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages.The approval process shall include the following stages: 1. Pre-Application Conference- Introductory meeting held with City staff as set forth in Section 10-8-5 of this Chapter. 2. Concept PUD Plan Review- An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-8-6 of this Chapter. 3. Preliminary PUD Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission;and final determination is made by the City Council, as set forth in Section 10-8-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council, as set forth in Section 10-8-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-8-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1.Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to riling an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff,but is at no charge to the petitioner.At such conference,the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; C. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested;and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development.(Ord.200640,5-23-2006) 10-8-6: CONCEPT PUD PLAN REVIEW: A. Purpose:The presentation of a Concept PUD Plan is optional.The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a I0" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years, The aerial photograph exhibit shall be one-inch equals one-hundred (1"= 100)scale, but no less than one-inch equals four hundred(1"=400)and shall include the following: a.Title or Name of the proposed Planned Unit Development. b.Outline of property boundaries. c.Adjacent area within one-fourth(tla)mile of property. 3. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses(including open space)with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development, d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g.A list of requested exceptions to applicable city ordinances and codes. 5. A written description of general site information that should include, but shall not be limited to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. h. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development,and shall include the following: a.North arrow(true meridian),scale and date of preparation. b.Name and address of the site planner,or engineer who prepared the plan. c.Name of property owner. d.Name of petitioner/developer, e.Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g.Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space,streets,parking areas, lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-8-7: PRELIMINARY PUD PLAT: A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure:Not less than forty five(45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form, two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (114) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations. This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum,the following information: a. Title notation stating"Preliminary Plat"or"Preliminary Plan". b. North arrow,scale(not less than 1 inch equals 100 feet)and date of preparation. c. Name and address of the site planner,engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. J. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures;and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within live hundred feet(500')of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. .Existing easements location,width and purpose, q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width,existing and proposed center lines,pavement type,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. L. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent('/z%)along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent ('/z%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain,as determined by the City Engineer or an outside consultant,shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an accurate overview of the proposed development. 7.Preliminary landscape plan indicating the name,variety,size,location and quantities of plant material for all common and dedicated areas including parkways,buffer areas, storm water basins, wetlands, entry areas,medians,and parking lot islands.The landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan, The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas,as well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stonnwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a.Typical elevations(front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10.Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 1 i. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, of the following for review and evaluation: a. Fiscal impact study,detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development.Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to, the effects on discrete ecosystems,deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives,transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The .Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public hearing and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-8-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures,and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure:Not less than forty five(45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put,including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings,and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. ii. Each stage as a separate unit.The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually-owned property in the Planned Unit Development for the costs thereof. 5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to, parks,schools,recreational areas,etc.,shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants,conditions and restrictions and/or homeowner association bylaws. 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole,or any part, of the property of the Planned Unit Development have been paid. 10-8-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than live percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-8-11: Development Standards and Design Criteria. vi. Any significant changes in building layout,orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative(when applicable)with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10:Amendments of this Title. E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD, as set forth therein. 10-8-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards From the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility, beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 104-9 of this Title. 10-8-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability: These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request, D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet(200')from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including,provided: a.Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys, c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28) and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-8-12: FEES: The City Council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be filed in the clerk's office and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.(Ord. 2006-40,5-23-2006) 10-8-13: SEVERABILITY: Each section,clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions on this chapter. (Ord.2006-40,5-23-2006) 10-8-14: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT: A. The planned unit development shall be constructed in a timely manner.The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods.Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development.The owner shall be notified, in writing, at least thirty(30)days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited lo, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development; and e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-8- 140,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction, or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a"major change" to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-8-15: EFFECTIVE DATE: This ordinance shall be in full force and effective immediately after passage, approval and publication in book fort according to law, and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. Chapter 9 A-1 AGRICULTURAL DISTRICT 10-9-1: PURPOSE: 10-9-2: USES PERMITTED: 10-9-3: SPECIAL USES: 10-9-4: ACCESSORY USES: 10-9-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-9-6: FLOOR AREA RATIO: 10-9-7: BUILDING PERMITS, CODE AND FEES: 10-9-8: FENCING RESTRICTIONS: 10-9-1: PURPOSE: The regulations for the agricultural district are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the city for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes.These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreational facilities; and to allow for interim adaptive reuse of marginal agricultural and or pasture lands pending the orderly redevelopment of the real estate for all other uses permitted under the various use districts under this title. 10-9-2: USES PERMITTED: A. Agricultural uses such as,but not limited to,the following: 1. Apiaries 2. Cultivation of non-food field crops and seeds used for cellulosic biofuels production 3. Farming of any kind related to floriculture,horticulture,orchards and viticulture 4. Forestation for farming or carbon sequestration 5. Greenhouses and nurseries 6. Grain elevators and storage 7. Stables or paddocks 8. Temporary roadside stand offering for sale only products homemade, handcrafted, grown, harvested,or cultivated. B. Single-family residential dwellings, provided that the occupants of the dwelling units are engaged in the agricultural activities on the premises and then only three (3) additional single-family dwellings shall be permitted for the total parcel zoned agricultural district and annexed to the city; regardless if later subdivided into separate parcels after annexation. However, in the event of approval for rezoning to a residential use on the subject parcel or any portion thereof,this section shall not apply. 1. The City Council reserves the right to require issuance of a residential building permit within an agricultural district prior to annexation, subject to the City Council's approval of the residential building site, with regard to its compatibility with the planning objectives, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. C. Auction House I. All buildings and structures utilized for the conduct of an auction shall be located not less than three hundred feet(300') from any lot line. D. Signs: As permitted and regulated pursuant to the applicable provisions of this code. 10-9-3: SPECIAL USES: Agricultural sales,storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed,storage preparation,mixing and wholesale and retail. Animal hospitals provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Bed and Breakfast Inn. Blacksmith or welding shops. Cemeteries,including crematoriums and mausoleums provided no building shall be located less than one hundred feet(100')from a lot line. Religious institutions(small and large). Colleges and universities,including dormitories,fraternities,sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish,poultry and livestock provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Commercial or private dog kennels provided that they are located not less than eve hundred feet(500') from a residential lot line. Communications use. Daycare facilities and preschools. Fertilizer sales,including bulk storage and mixing. Golf courses,miniature golf courses and driving ranges,provided that no clubhouse or accessory building shall be located less than three hundred feet(300') from a lot line. Hospitals for human beings,provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Milk processing and distribution,including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses,wholesale and retail,provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds,carnivals,circuses,race tracks and other similar amusement centers and including places of assembly devoted thereto,such as stadiums and arenas. Philanthropic institutions. Planned Unit Developments (PUDs) in accordance with the regulations as set forth in Chapter 8 of this Title. Private clubs or lodges,except those the chief activity of which is a service customarily carried on as a business. Private recreational area,trailer park/camp or campgrounds. Public utility and public services, including electric substations; repeater stations;microwave relay towers and stations; mobile transmitting tower and stations,antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity;water filtration plants;water pumping stations;water reservoir and similar uses. Public utility and service facilities, including fire and police stations. Railroad passenger depots. Railroad right of way and trackage, including classification/switching yard,terminal facilities,piggy-back facilities or maintenance facilities. Rest homes,nursing homes,hospitals and sanitariums,institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards,wholesale or retail, for agricultural products including,but not necessarily limited to, fruits, vegetables,flowers,plants,etc. Salvage yard,provided that no wrecking and/or crushing activities are permitted on the property and all vehicular storage,buildings and accessory structures are located no closer than three hundred feet(300')from any lot line. Seminaries,convents,monasteries and similar religious institutions including dormitories and other accessory uses required for operations Solar Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. Wind Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. 10-9-4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet(100') from a lot line. B. Roadside stands in the immediate area of the premises but not including live animals and provided that such stands shall not contain more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off- street parking. Temporary roadside stands of portable or sectional construction shall be subject to a temporary permit for a period not to exceed six (6)months, and such stands are to be removed when not in use. 10-9-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Building Setbacks: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares,(Routes 34,71, 126 and 47)two hundred feet(200')from the right of way. 2.All other streets or roads,one hundred feet(100')from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet(50'). C. Building Height: Residential structures shall have a maximum height of thirty (30) feet, however, grain silos shall not exceed a height of one hundred (100) feet; all other buildings and structures shall have a maximum height of eighty(80) feet. I0-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 10-9-7: BUILDING PERMITS, CODE AND FEES: All existing buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. All new construction for buildings, accessory uses and structures on agriculturally zoned property shall adhere to all requirements for building permits,codes and fees. 10-9-8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) Chapter 10 OS-1 OPEN SPACE DISTRICT (PASSIVE) 10-10A-1: PURPOSE: 10-10A-2: USES PERMITTED: 10-10A-3: SPECIAL USES: 10-10A-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: 10-10A-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-10A-6: FLOOR AREA RATIO: 10-10A-1: PURPOSE: The land use regulations established for the OS-1 Open Space District are intended to govern the use of city- owned passive green space and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as open space, passive recreational areas, and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide for the protection, conservation and utilization of high-quality natural resources; preservation of wildlife habitats; creation of scenic vistas; provision of public gathering areas or facilities for safe and accessible outdoor space; connectivity between other green infrastructure via bike and hiking trails and paths; and maintain or establish appropriate buffers between differing land use types or intensities. 10-10A-2: USES PERMITTED: A. The following uses shall be allowed in this district: . Bicycle trails. 2. Community gardens. 3. Conservation areas. 4. Hiking paths. 5. Parks. 6. Stormwater detention facilities. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-1 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10A-3: SPECIAL USES: A. The following special uses shall be allowed in this district: 1. Cemeteries. 2. Agricultural uses as provided in Chapter 9 A-1 Agricultural District. 3. Public utility facilities, including electric substations and distribution centers, gas regulation centers and underground gas holder stations. 4. Wind energy systems,small. 5. Solar farms. 6. Solar panels, free standing. 7. Municipal Public Works facilities. 10-10A-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-1 Open Space District: 1. Arbors,gazebos,pergolas, and pavilions. 2. Bicycle racks. 3. Commercial radio,telecommunication and television towers, antennas and facilities. 4. Parking lot or facilities. 5. Picnic tables,bleachers and tents. 6. Playground equipment. 7. Public sculpture gardens. S. Sheds. 9. Outside storage of park related materials. 10. Other uses,buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-1 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be pennitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10A-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30) feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building height shall be six(6)stories or eighty feet(80'). 10-10A-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use pennit is granted. Chapter 10 OS-2 OPEN SPACE DISTRICT (RECREATIONAL) 10-1011-1: PURPOSE: 10-1OB-2: USES PERMITTED: 10-1011-3: SPECIAL USES: 10-1011-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: I0-10B-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-1011-6: FLOOR AREA RATIO: 10-1013-1: PURPOSE: The land use regulations established for the OS-2 Open Space District are intended to govern the use of city- owned recreational areas and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as active recreational areas, public gathering areas or facilities and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide safe and accessible indoor and outdoor leisure and entertainment space for the general public while maintaining or establishing an appropriate buffer between differing land use types or intensities. 10-1013-2: USES PERMITTED: A. The following uses shall be allowed in this district: 1. All permitted uses in the OS-1 Open Space District. 2. Community center. 3. Playgrounds. 4. Recreation center. 5. Rooftop wind energy systems. 6. Roof mounted solar panels. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-2 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-1013-3: SPECIAL USES: A. The following special uses shall be allowed in this district: 1. All special uses permitted in the OS-1 Open Space District. 2. Boat sales and rental. 3. Boat storage. 4. Campgrounds. 5. Golf course. 6. Golf driving range. 7. Skating rink. 8. Stadium. 9. Indoor swimming pool. 10. Daycare facility,adult. 11. Daycare facility,child. 12. Marina. 10-10B-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings,and structures shall be allowed in the OS Open Space District: 1. Accessory buildings including, but not limited to, indoor recreation and fitness facilities, clubhouses,washrooms,maintenance buildings and storage lockers. 2. Outside storage of park related materials. 3. Sheds. 4. Arbors,gazebos,pergolas, and pavilions. 5. Public sculpture gardens. 6. Commercial facilities, including concession stands when ancillary to the operation of the public recreational use. 7. Outdoor cabanas,showers,and changing areas. 8. Privately operated recreational facilities open to the general public. 9. Tennis courts. 14. Picnic tables,bleachers and tents. 11. Playground equipment. 12. Bicycle racks. 13. Skate park/ramps. 14. Other uses,buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-2 Open Space District subject to conditions,as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10B-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30)feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10) feet or a distance equal to 50%of the building height, whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building height shall be six(6)stories or eighty feet(80'). 10-1013-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. Ancel Clink In the Zone Current Trends in Land Use Law Fall 2011 Welcome to Ancel Glink Land Use Law E-News. All in the "Family" In this newsletter, we focus on the latest court Changing Times and Changes to Local Zoning decisions and legislative changes in the area of Ordinances land use and economic development that may affect you. Our electronic newsletter also provides articles on lively land use topics designed to Most municipalities define "family" to inform local zoning officials on current trends in establish single and multiple family housing IIlinois land use law and provide useful resources districts. Many definitions track the language to advance planning and zoning practice provided in the Illinois Municipal Cade, which throughout the state. allows municipalities "to classify, to regulate and restrict the use of property on the basis of family Aneel Glink Land Use Law E-News is a relationship, which family relationship may be publication of the land use and economic defined as one or more persons each related to the development group of Ancel, Glink, Diamond, other by blood, marriage or adoption and Bush, DiCianni & Krafthefer, P.C. For more than maintaining a common household." 65 ILCS 80 years, Ancel Glink has counseled local 5111-13-1(9). Changes in traditional notions of municipalities and private clients in zoning, family, and the recent economic downturn, are planning, and other land use and municipal causing municipalities to revisit what it means to matters. be a"family"under their zoning codes. IN THIS ISSUE Civil Unions Included in the "Family" If a local zoning code defines "family" • All in the "Family": Changing Times and based on marriage, that definition now includes Changes to Local Zoning Ordinances civil unions. Beginning June 1, 2011, the State of Illinois recognized its first civil unions, under the • The Ongoing Klaeren Effect: Conduct of recently adopted Illinois Religious Freedom Protection and Civil Union Act. Ill. Pub. Act 96- Zoning Public Hearings 1513. A civil union is a legal relationship between two persons of the same or opposite sex • The RCRA Ultimatum: How an established under the Act. Municipalities should Inexpensive Letter Can Clean Up recognize that their zoning code's definition of Contaminated Lots "family" will be construed to include civil unions because the Act provides that a party to a civil • Cases to Know union will be included in "any definition or use of the term[ . . . ] `family' [ . . . ] and other terms that • Legislation to Love or Loathe denote the spousal relationship, as those terms are used throughout the law." Id. § 10. The General Assembly intended the Act to apply to local zoning regulations because the Act seeks to provide the same legal obligations, 1 responsibilities, protections, and benefits as are of the way they define "family" in their zoning afforded or recognized by the law of Illinois to code. As traditional notions of family change, spouses, whether they derive from statute, municipalities should make sure their zoning administrative rule, policy, common law, or any codes are flexible enough to change with them. other source of civil or criminal law." Id. § 24. Hence, without action by any municipality, civil The Ongoing Klaeren Ulfect: unions are now a part of municipal zoning Conduct of Zoning Public Hearings classifications of family across Illinois. The "Family" Classification and the Fair Housing Ten years ago, the Illinois Supreme Court Act established new zoning public hearing requirements in the Klaeren et al. v. Village of Meanwhile, some municipalities have Lisle, decision. Those requirements were later reason to contemplate zoning enforcement action preserved in a modified form when the General against properties that exceed the single family Assembly adopted Section 11-13-25 to Illinois' limitation set forth in their zoning ordinance. zoning statutes. As a quick refresher, this served More single family homeowners are taking in to reestablish that zoning decisions are legislative boarders due to the economic downturn, in nature and are to be reviewed carefully by sometimes in excess of the limits imposed by the courts. zoning code. The City of Evanston recently made Under Section 11-13-25, challenges to headlines when it suggested it would begin enforcing its "brothel rule," defining family to zoning decisions are handled by courts, which will prohibit more than three unrelated people from include a new public hearing as well as possible living together, as a way to diminish the noise and new evidence. The court also has the power to other secondary effects sometimes imposed by overturn a local zoning decision if it is found that college students. the previous decision was made in an arbitrary manner. Additionally, Section I1-13-25 does Such classifications have long been several other things that affect the way challenges recognized as legitimate. Village of Belle Terre v. to zoning decisions are to be handled, but most Boroas, 416 U.S. 1, 8 (1974)(single family importantly, it includes a pertinent, broadly written limitation to traditional families or groups of not requirement. During all stages of the decision- more than two unrelated people held making and review process of the zoning constitutional). However, the Fair Housing Act decisions, this requirement establishes the prohibits discrimination based on familial status, principles of due process and serves as our meaning families with children. The Supreme jumping off point. Court has held that a zoning code definition of Since the passage of Section 11-13-25, "family" is not a maximum occupancy restriction exempt from the Fair Housing Act's prohibition of attorneys for bosh developers and government discrimination based on familial status. City of have debated what exactly is meant by this Edmonds v. Oxford House, Inc., 514 U.S. 725, 73$ requirement, as the requirements that ensure for (1995). Before taking action to enforce family the application of both substantive and procedural due process are separated out from the rest of classifications under the zoning code, a municipality should make sure that their definition Section 11-13-25. of "family" is a reasonable restriction regarding Illinois' zoning statutes are not always the maximum number of occupants allowed to easy to understand and Section 11-13-25, while occupy a dwelling, in order to avoid scrutiny clearing up some issues, also introduced a fair under the Fair Housing Act. amount of uncertainty into what exactly must In conclusion, the introduction of civil occur in a zoning public hearing. Skilled attorneys unions, the economic downturn and other factors can turn what should be an otherwise have reminded municipalities of the significance straightforward public hearing process into 2 something akin to a full blown trial, demanding on January 31, 2011 and this bill, after significant procedural accommodations that can amendments and referrals to various committees, frustrate and confuse plan commissioners or was adopted by the General Assembly on May 29, zoning board members, elected officials, 2011 and is, as of this writing, awaiting the applicants, and members of the public at large. Governor's signature. While applicants are entitled to a full The bill is deliberately simple because the drafters airing of a proposed project, as well as a full understood that prescribing a uniform set of rules understanding of how a project conforms to the would not necessarily be appropriate for the state's requirements of the community's relevant zoning many and varied municipalities. While a suburban regulations, the question becomes how much community might be more accustomed to detailed procedure is enough? Put another way, where does rules and procedures, a more rural and a public hearing process, typically overseen by independent community may not. Also, volunteer, non-attorney, plan commissioners or procedures that are important in one municipal zoning board members, evolve effectively into a setting may not be the same in another. Therefore, full blown court of law proceeding? the language was designed to promote flexibility and allow each municipality to determine the Many communities have rules of proper rules and procedures for its needs. In procedure to handle zoning public hearings. addition, there is no requirement that Certainly, in the wake of Klaeren, this was a clear municipalities must adopt rules of procedure necessity given the formality of process that across the board, and they can instead consider Klaeren imposed on public hearings. Section 11- each case individually. However, municipalities 13-25, to some extent, removed the bases for the should consider the adoption of even a basic set of procedural formalities introduced by Klaeren, yet rules and procedures to govern their public some communities did adopt rules of procedure hearings to promote efficiency and fairness of and typically have kept them in force. They were process. used to varying degrees of effect, and success was often dependent on the complexities of the zoning The RCRA Ultimatum: issues being reviewed at a public hearing. How an Inexpensive Letter Can Clean Up There is a lack of authority as Contaminated Lots communities adopt rules of procedure for the A vacant gas station. A small industrial conduct of public hearings, as guidelines are not lot. Polluted soils drenched in oil and random specifically provided for in the state's zoning ' statutes. Authority has been "necessarily implied" contaminants. When contacted, the owner refuses from the general powers to conduct such hearings to clean it up, despite the stern letter from a local in the first place, yet a precise legislative official. Your complaint to Illinois Environmental allowance is always good, as it removes any Protection Agency ("IEPA") goes nowhere. dispute on whether authority properly exists to do Lawsuits are expensive, condemnation actions and something, particularly in the non-home rule Leaking Underground Storage Tank (LUST) Fund clean-ups seem daunting, and the local setting. government is left with a stand off. That legislative allowance has now been This is a tale many communities know provided through HB1056. HB1056 was well,yet few have heard this ending. introduced by Representative Darlene Sanger who worked with our office and other parties to explore In a surprise move, the local government and draft legislative options that would deploys the under-utilized Resource Conservation specifically grant municipalities with the power to and Recovery Act ("RCRA") citizen suit, with its establish zoning public hearing rules of procedure. powerful 90-day notice requirement. The owner Ultimately, a proposed amendment to the zoning quickly jumps at the chance to avoid federal enabling statute was introduced in the state House 3 liability, and the site is cleaned with little money that a gas station's storage tanks leaked petroleum down. in the past and it was never cleaned up.See Albany Bank & Trust Co. v. Exxon Mobil Corp., 3 10 F.3d RCRA is a long-standing federal law 969 (7'h Cir. 2002); Mondry v. Speedway setting standards for handling, transporting, and Superamerica LLC, 48 ERC 1867 (N.D. Ill. 1999). disposing of"waste." However,there is more than Often, local governments can obtain this evidence meets the eye. RCRA requires owners and from a basic IEPA FOIA request. operators to take all necessary steps to abate any "imminent and substantial endangerment to health Second, the RCRA citizen suit provides a or the environment" caused by their waste. 42 perfect platform for parties to resolve the dispute U.S.C. § 6901 et seq. Most importantly, if before ever filing a federal lawsuit. RCRA USEPA is too busy, RCRA authorizes citizens and requires citizens and local governments to send local governments to take direct action against out a 90-day Notice of Intent to Sue letter to the owners or operators of facilities--including gas owner/operator of the waste, with a copy to US stations, dry cleaners and other local sources of Environmental Protection Agency ("USEPA") contamination-- to clean up their waste. The tool: IEPA, and other parties set forth in RCRA the RCRA citizen suit. 42 U.S.C.A. § regulations. The letter must notify these parties 6972(a)(1)(13). that the citizen or local government intends to file a RCRA suit unless the contamination is cleaned Upon closer look, you will find that the up in the next 90 days. The owner faces penalties RCRA Citizen Suit offer three unique and of greater than $30,000 per violation, per day, if remarkable powers. found liable. Many sites suffer contamination that has been present for years, that could lead to First, the local government can bring a penalties that quickly reach millions of dollars. RCRA citizen suit with minimal data and evidence in support. Under RCRA's "imminent and The 90-day RCRA notice letter gives substantial endangerment" provision, citizens and owners a chance to avoid this fate, by removing local governments must simply show that the there the pollution before the end of the 90-day period is contamination on the site that may present an or agreeing to other terms to avoid litigation. It is imminent and substantial danger to people or the a bold and effective first step for local environment. 42 U.S.C. § 6972(a)(1)(B); Meghrig governments and citizens concerned with the v. KFC Western, Inc., 516 U.S. 479, 486, 116 S. prospect of jumping into federal court. Often the Ct. 1251 (1996). Citizens and local governments threat of millions of dollars in federal fines is can take action whether or not people are enough to spawn action and produce results. With threatened by the pollution. Moreover, citizens one last clear chance to avoid a federal lawsuit, and local governments can take action whether or and the eyes of USEPA upon them, owners often not the contamination poses an actual, current come to the table to address the issue. threat (RCRA allows suits if pollution "may" create a danger.) Third, and finally, RCRA's citizen suit provision allows courts to award "costs of Courts have held that "imminent and litigation (including reasonable attorney and substantial endangerment" may exist if there is expert witness fees) to the prevailing or "reasonable cause for concern that someone or substantially prevailing party." 42 U.S.C. § something may be exposed to a risk of harm ... if 6972(e). If the 90-day notice is unsuccessful, remedial action is not taken." Price v. United citizens and local governments can proceed with a States Navy, 39 F.3d 1011, 1019 (9th Cir. 1994) RCRA suit in federal court knowing that they will (emphasis added). This can often be demonstrated recover all attorney fees and expenses if they with minimal evidence. For example, in the prevail. Seventh Circuit Court of Appeals, citizens have satisfied the "imminent and substantial RCRA is, of course, not the only action a endangerment" standard by simply demonstrating citizen or local government can take to compel an 4 owner to clean up contamination. There are violated the "at a minimum" requirement of the nuisance ordinances and condemnation 1991 special use permit. The trial court dismissed proceedings,among other actions—many of which the claim, and the neighbors appealed. The Court will be featured in this newsletter. However, few deferred to the Village's interpretation of the "at a actions are as easy and effective as the RCRA minimum"requirement, and dismissed the case. citizen suit and its 90-day Notice letter. Next time your community is faced with contamination, Zoning Notice and Due Process reach for the RCRA 90-day notice as an inexpensive way to send a wake up call to the Figiel v. Chicago Plan Comm`n, 408 Ill. App.3d owner. 223 (1"Dist.2011). CASES TO KNOW Plaintiffs challenged the adoption of a zoning amendment to a planned development authorizing Zoning and Home Rule the relocation of a museum inside a park. Plaintiffs claimed they were denied substantive and Condominium Assn of Commonwealth Plaza v. procedural due process during the zoning City of Chicago, 399 III.App.3d 32 (2010). proceedings, as required by 65 ILCS 5111-13-25. Plaintiffs argued they did not need to notify Neighboring property owners sued the adjoining landowners of their claim under 65 City to challenge the approval of an Institutional ILCS 5111-13-8 because they stated a cause of Planned Development (IPD) that allowed a action for de novo review under Section 11-13-25. hospital to construct a medical office building and The appellate court disagreed because Section 1I- other improvements. The neighbors claimed that 13-25 does not provide an independent cause of the IPD was void because it did not comply with action, but instead states a standard of review for existing City zoning ordinances. The trial court zoning decisions, held that home rule zoning ordinances cannot be invalidated solely because the City failed to follow Passalino v City of Zion,237 I11.2d 118 (2010). its own self-imposed regulations. The First District Appellate Court agreed. Home-rule units In Passalino, property owners sued the have full authority to zone, provided that their city to invalidate a zoning amendment that zoning does not violate constitutional standards. prohibited the use of their land for the construction of multi-family buildings. The trial court Ruisard v. Village of Glen Ellyn, 939 N.E.2d concluded that newspaper publication for notice of 1048 (I11. App. Ct. 2d Dist. 2010). a comprehensive zoning amendment was unconstitutional as applied to the property owners, In 1991, a home rule Village adopted an even though the City followed statutory notice ordinance authorizing a special use permit for the requirements. The court held that the owners were construction of a water tower, on condition that entitled to actual notice under the Constitution. antennas on the tower were to be kept "at a While the Supreme Court agreed the published minimum." In 2007, the tower had 13 antennas, notice complied with statute, it concluded that due and the Village adopted an ordinance authorizing a process required personal notice to the property special use permit for the installation of 9 owners. Where it would have cost the City additional antennas, and finding that only allowing approximately $30 to mail notices to all affected antennas from three telephone companies on the property owners, the interests of the City were tower kept antennas "at a minimum." outweighed by the property owners' due process Neighboring landowners challenged the issuance rights. The Supreme Court limited the application of the special use permit for the construction of of its opinion to the facts of the case. this Moot, 5-inch "Megapod" antenna structure atop the 125-foot water tower. The neighbors claimed that the"highly visible, galactic structure" 5 Vested Rights The city claimed that the owner was "equitably estopped" from disconnecting the property 1350 Lake Shore Associates v. Randall, 401 because the owner induced the city to provide over I11.App.3d 96 (1"Dist.2010). $9 million in sewer and water connections to the property in reliance on the annexation agreement, In 1978, the City approved the and the owner never developed the property. Developer's application for a zoning change to Equitable estoppel bars a person from asserting allow for the construction of a 40-story apartment rights that might otherwise have existed against building. It was not until 1996 that the Developer another party who, in good faith, relied upon the started investigating a development on this person's conduct and has been led to change his or property. The size of the proposed development her position for the worse. The appellate court was controversial, leading an alderman to held that the doctrine of equitable estoppel was introduce an ordinance to down-zone the available as an affirmative defense in Developer's property. The next day, the disconnection cases even if the annexation Developer submitted plans to the City, but they agreement had expired. However, because the city did not act until the City adopted the ordinance to failed to sufficiently plead the elements for an down-zone the property. Years of litigation and equitable estoppel, the property was subject to appeals followed. On remand, the trial court disconnection. concluded that the $272,022.18 in pre- development costs incurred prior to the Religious Land Uses downzoning were not substantial enough for the Developer to acquire a vested right, noting that River of Life Kingdom Ministries v Village of they reflected only '/z to I% of the entire proposed Hazel Crest, 611 F.3d 367 (7' Cir. 2010). project cost. That decision was affirmed by the appellate court. A church was denied a special use permit to operate in a commercial district and sued under Takings RLUIPA. The Court upheld the lower court's denial of a preliminary injunction, noting that the Musearello v. Ogle County Board of village sought to create a tax revenue-generating Commissioners, 610 F.3d 416 (7th Cir. 2010). commercial district, and that all of the permitted entities are commercial in nature, while churches, A property owner sued Ogle County in meeting halls, community centers and schools are federal district court alleging that the county's not. The Court concluded that, "A locality approval of special use permit to allow the seeking to create a commercial area should be able construction of 40 windmills on adjacent property to exclude non-commercial uses that do not was a "taking" of her property. The federal contribute to its goal without violating RLUIPA." district court dismissed the complaint finding that the federal court was not the proper forum, and the plaintiff appealed to the Seventh Circuit Court of LEGISLATION TO LOVE Appeals. The court of appeals held that the special OR LOATHE use permit approval was not a taking, that the plaintiff's case was not ripe because she had not RECENTLY ENACTED LEGISLATION exhausted state remedies Annexation and Disconnection Prohibition of Political Signs -- HB 3785 (P.A. 96-0904). Falcon Funding LLC v. City of Elgin, 399 Home rule and non-home rule municipalities are III.App.3d 142 (2d Dist.2010). prohibited from placing time restrictions on the display of outdoor political signs on residential After an annexation agreement had property. Reasonable restrictions on the size of expired, the current owner filed for disconnection. political signs are permitted. 6 Notices of Annexation and Zoning Hearings -- the statewide website established and maintained H.B. 3102 (P.A.97-336). as a joint venture of the majority of Illinois newspapers as a repository for the notices. This new legislation amends the Illinois Municipal Code to modify the notice requirements for annexation and zoning matters. Now, the notice Annexation Notices-HB 5671 (P.A. 96-1049). that must be published prior to taking action on In addition to other requirements of Section 7-1-13 certain annexation matters and conducting a of the Illinois Municipal Code, municipality must hearing on special use, variation, or other zoning provide the county with at least 10 days' written applications need not include a "metes and notice of the time and place of the passage of the bounds" legal description of the subject property, annexation ordinance, for specified territory Instead, the notice may describe the property by containing 60 acres or less in an unincorporated its: (i) common street address and (ii) property county. index number("PIN'), Non-Home Rule Development Incentives - H.B. Publication of Notices -HB 5232 (P.A. 96-1144). 1730 (P.A. 97-0094). This legislation allows Whenever notice is required by law, order of municipalities to provide economic incentives to court, or a contract to be published in a newspaper, encourage economic development within the the newspaper publishing the notice must, at no community. additional cost to government, place the notice on 7 ABOUT ANCEL GLINK LAND USE LAW E-NEWS The attorneys who comprise Ancel Glink's land use and economic development group are dedicated almost exclusively to representing governmental entities in annexation, zoning, subdivision, economic development, and related land use matters. Visit our web-site at www.ancelglink.com or email us at e-news @ancelglink.com. Other Ancel Glink publications on land use law and related issues, available on Ancel Glink's website (www.anceiglink.com) for public use and downloading, include: / ✓ Zenine Administration Tools of the Trade JZoning Administration Handbook J Economic Development Toolbox for Municipal Officials f Municipal Annexation Handbook Editors David S Silverman and Julie A.Tappendorf Contributors:David S.Silverman,Julie A.Tappendorf,Brent Denzin,and Dan Bolin David S. Silverman is a partner at Ancel Glink, specializing in Local Government, Land Use and Economic Development,and Real Estate Law. Mr. Silverman is a member of the American Institute of Certified Planners and has written and spoken extensively on a wide variety of land use and development topics. David is also a member of the honorary land economics fraternity, Lambda Alpha International—Ely Chapter. Julie A.Tappendorf is a partner at Ancel Glink,specializing in Local Government,Economic Development, and Land Use Law. Ms. Tappendorf has published on a wide-range of land use and related issues and currently serves on the faculty of ALI-ABA's Land Use Institute and is an officer in the Planning and Law Division and a member of the Amicus Committee of the American Planning Association. Adam B. Simon is a partner at Ancel Glink, specializing in Local Government, Land Use, Economic Development, Public Finance and Telecommunications law. Mr. Simon has organized or negotiated Tax Increment Financing Redevelopment Agreements and Business Redevelopment Districts and assisted with the issuance of public securities related thereto to leverage private investment. Brent Denzin,is an associate at Ancel Glink,specializing in Environmental Law, Land Use Law,and Municipal Law. Dan Bolin, is an associate at Ancel Glink,specializing in Economic Development,Land Use Law,and Municipal Law. This newsletter is provided as a service to our public sector clients and friends.It is miended to provide timely general information of interest,but should not be considered a substitute For legal advice.Be sure to consult with an attorney before taking action based on the contents We welcome comments and questions Permission to reproduce is granted provided credit is given to Ancel Glink Land Use Law E-News and a link is provided to Www.ancelgllnk.com. This may constitute advertising material as defined under the Illinois Rules or Professional Conduct Ance.1 G, I 1 Y`1 Ancel, Glink, Diamond, Bush, DiCianni &Krafthefer, P.C. "Serving Illinois with offices in Chicago, Vernon Hills, Naperville,Crystal Lake and Bloomington" 140 S. Dearborn St. Suite 600, Chicago, IL 60603 1 312-782-7606 1 www.anCelglink.com Contact our Land Use and Economic Development team 8 �F �6 j. _ yen C n LAND USE TOOLS TO PROTECT GROUNDWATER: PRESERVING RECHARGE !t ENVIRONMENTAL LAW & POLICY CENTER Part 2 of 4 in a Series Supported by the Gaylord & Dorothy Donnelley Foundation Land Use Tools to Protect Groundwater: Preserving Recharge AUTHOR JESSICA DEXTER, ELPC STAFF ATTORNEY EDITOR KATIE COLEMAN, ELPC COMMUNICATIONS ASSOCIATE DESIGNER MARGOT HARRINGTON, PITCH DESIGN UNION ©July 2011.All rights reserved.Full reproduction permitted.This report is available at ELPC.org.ELPC requests acknowledgment,in print,on any information or excerpts reproduced in another publication. Important:The information contained in this document is for general guidance only,and with the understanding that ELPC is not providing any specific legal,accounting,tax,or other professional advice.Readers should seek specific legal, accounting, tax or other professional advice from competent professionals prior to taking any action with respect to the matters discussed in this document. Front Cover Images: Top:A rain garden in front of a suburban home.(Photo:Minnesota Pollution Control Agency.) Bottom Left.Permeable interlocking concrete pavement is another tool that helps recharge ground water in urban areas. (Photo: Michelle DeLaria of the Colorado Association of Stormwater and Floodplain Managers.) Bottom Center. This parking lot utilizes bioswale in the medians. (Photo: Colorado Association of Stormwater and Floodplain Managers.) Bottom Right. The Ryerson Woods visitor center in Illinois uses porous asphalt to help preserve groundwater.(Photo:Jessica Dexter,ELPC) Back Cover Image:Veer Stock Photography Introduction r Generally narrow and long, filter strips slow the rate of runoff,remove pollutants,and help protect surface water and groundwater.Filter strips are commonly used in agriculture,as pictured above,but the concept is beneficial in other types of development—such as parking lot or roadway medians. (Photo:Veer Stock Photography) A reliable supply of clean drinking water is a necessity rainwater and melting snow in place,giving the water time for any growing community. Communities that depend to soak into the soil. Some water naturally evaporates, and on groundwater for drinking need to ensure that rainfall some is used by plants and trees. The water that makes it continues to "recharge" their aquifers as they grow and develop,or else they run the risk of wells drying up. Under a business as usual scenario, the Geography is the most important factor in groundwater Illinois State Water Survey predicts recharge. How water moves across and through the land- scape and soaks into the soil obviously depends a great adverse effects, including .., degraded deal on what the terrain looks like (hilly, flat, etc.), what water quality and inadequate water types of soils there are (sandy, clay, etc.) and what devel- supply for community growth. opment is already on the land.This means that individual counties and municipalities are best suited to design groundwater protections for their citizens. They are also suited to identify and bring community members together past the root zone of surface vegetation is then considered to determine and implement the best approach to protect groundwater, which continues to slowly seep down to the groundwater. shallow or deep aquifers where most communities get their drinking water. This process of replenishing the ground- When landscapes are in their natural state,vegetation holds water supply is called"groundwater recharge! If our wells 1 Ail �4 r 0 o u ti Sy V NATURAL GROUND COVER 10% - 20%IMPERVIOUS SURFACE use water at a faster rate than the groundwater can be and pollutants (like oil and grease, nitrogen, phosphorus, recharged,we risk future water shortages.Under a business bacteria and sediment) on impervious surfaces, causing as usual scenario, the Illinois State Water Survey predicts damage downstream.More than 40 studies show a growing adverse effects(including well interference,reduced stream scientific consensus that stream degradation (including flow, degraded water quality and inadequate water supply harm to water quality, aquatic habitat and aquatic species for community growth and development) in McHenry and diversity) occurs at a threshold around 10%-15%of imper- Kendall Counties by 20501. vious surface area in a watershed 4. Unfortunately, when we build on the land surface, natural The more we prevent rainwater from soaking into the groundwater recharge becomes difficult. Soils are often soil, the greater the volume and velocity of runoff. Greater compacted,slowing or preventing the downward movement volume and velocity mean more erosion, greater fluctua- of water.Even worse,most building materials (for example, tions in water levels and an increase in the magnitude and materials used to build many rooftops, roads, parking lots, frequency of severe floods. In fact, covering 20%-30% of driveways, sidewalks, paved patios, and swimming pools) a land area can double the size of the "one hundred year' effectively seal off the land surface, allowing no water to flood (the flood that has a 1% chance of occurring in any seep through at all. These are called impervious surfaces. given year)'.Greater volumes of water mean more wear and In modern suburban areas,residential developments would tear on important sewer and stormwater equipment, and typically cover 12%-60%of a lot with impervious surfaces, flooding can result in expensive damage to roads, bridges while industrial development would cover up to 85%of a lot and water or sewer lines. with impervious surfaces2.Studies have shown that in every Many of our traditional land use practices treat rain and land use category, the majority of impervious surfaces are snow as a waste product, rather than a valuable resource. dedicated to "car habitat" (roads, driveways, parking lots, It has been estimated that,due solely to increases in imper- etc.)3.However,with better site design,impervious surfaces vious surfaces over a 15-year period of development in can be reduced without impacting the intended land use. the Chicago metropolitan area, 10 to 24 billion gallons of Impervious surfaces reduce the rate of groundwater water(in other words,more than 200 million bathtubs full recharge,and therefore can limit water supply.But increases of water) that could have been used to recharge area aqui- in impervious surfaces create other kinds of damage fers were sent downstream toward the Mississippi River'. as well. Rain that falls on impervious surfaces becomes Our policies need to shift toward a model that encourages stormwater runoff. Rather than soaking into the ground recharge over runoff and"keeps water local." where it can be naturally filtered, runoff gathers speed 2 ■ ■ ■ ■ E ■ J .o. 35% - SO% IMPERVIOUS SURFACE 75% - 100% IMPERVIOUS SURFACE Fortunately a number of techniques can be used to preserve discuss those tools in detail.Adopting such policies is critical and promote groundwater recharge on developed sites.The to groundwater supply protection, but protecting ground- easiest of these is to preserve undisturbed natural areas water recharge and limiting impervious surfaces leads to where water can collect and filter naturally into the ground. other benefits as well.These benefits include cleaner water, Preserving natural areas can provide a number of co- more community open space,healthier rivers and streams, benefits, including aesthetically-pleasing open space, rec- less stormwater to manage,less severe flooding,more reli- reational opportunities and ecologically-important habitat. able base flow for streams and wetlands, and even lower These in turn can have an economic benefit of increasing development and maintenance costs. property values and income from outdoor recreation.Other In order to ensure that our aquifers can continue to provide clean drinking water for our communities and businesses, local governments need to establish groundwater recharge A simple adjustment like reducing a standards for development. Roads, sidewalks and other roadway from 32 feet to 30 feet could impervious surfaces (beyond the buildings themselves) save a developer up to $100 per linear can account for over half the cost of a subdivision, and a foot(or$66,000 per city block). simple adjustment like reducing a roadway from 32 feet to 30 feet could save a developer up to $100 per linear foot (or $66,000 per city block). Many landscape features that support groundwater recharge also require less time and groundwater recharge features can be incorporated into a money in maintenance for homeowners and businesses site design plan, including vegetative channels and swales, because native plants require less watering and mowing rain gardens, filter strips, porous pavement, and properly- than traditional lawns'. designed dry wells that collect and hold precipitation so that it can soak into the soil. In order to encourage the techniques that preserve and promote groundwater recharge, communities around the country have developed and used two types of tools to ensure both a vibrant economy and sufficient water supply: Groundwater Recharge Standards and Impervious Surface Performance Standards. The remainder of this paper will 3 Groundwater Recharge Performance Standards In many communities, important groundwater recharge may differ as to what constitutes"maximizing"or"adversely areas have already been paved over.This makes preserving impacting' groundwater recharge. Neither policy explains 100% of the recharge potential of the remaining areas how groundwater recharge will be measured and against especially important. Some communities have adopted what standard, which can lead to confusion and uncer- a performance standard that simply requires that "new tainty and often translates into increased cost and time- development shall maximize recharge to groundwater."' consuming challenges during implementation. Others require an applicant to demonstrate that a proposed A better approach is to establish a performance standard development will not"adversely affect the recharging of the that sets a specific post-construction groundwater recharge aquifer.10" goal measured in comparison to the average groundwater While these standards reflect an important objective for recharge on the site prior to development.The best example development review,both fail to establish a clear target for of this can be found in New Jersey's stormwater rules,which the amount of recharge that is expected.Reasonable minds identify"maintaining groundwater recharge" as one of the Figure 1 : New Jersey's Pre-/Post-Development Groundwater Recharge Calculation Tool A It _ L� A: Y U b I J k. L ■ e AiwmA GrwncMalof R4KIw AnLlysls ib11 1d oi*owt ) Nwnr: S&ngk ftwint .Ytiu. a brewY*f d=ma7+ CbVA& rta*M"nikm S a■ id AacYei A *I*4Pr+ d t+ndbwt F+sIA +wrAa +d tw.osd.&" " AM" MMmMICw S+ A"bap Is.r +I�IfMFI TL iIMM C� 4r +4w6som P"harlr 9 M MYIIII MM +LQ0 I '1 W CO-Mw} 117094111kam U.M WIM1111 %A hqFmnM=■o - I' i! P 7" i.! #�#VAL�+1+ 4M`�®II aki �.FAI � i�svl,�r YIM�+Il1�IYI�1 #Jf ikfFP 1! VNINk"dal..,fliiiiY MIYYdii'� - 13's Irum I "—Rp— I. 19.E IMW 1y is ii 411"a ?J WAU F II II >a Vamdamip—MEMEM y Ik! ■ 13 ■ i 1 *I * 14 11 _ 'H 1 I M 1i� "• 'i1 r3 Ai k:--.a V A A &VAM Ar Tch1- A11 h ff W?r TrU K KE L rp PAW W p e :I Y _1 mt'>M I Py i asI} �r.,a �?FI&1Gi5�'i yi ,L� ■I�r i�ei Rrrlas ��Prrca. - +wince il47rfi 1.d F-.JI.S.I�p�,ira d. pA.n 6"C.—br�K b—d—d. p.**.. �G7r •t'�dd46�4"Cr. iii I { �?;�e .,n1,�s'..W 9,105 'L,&L ks+: :rA an mrr+w!4 wI*- sr�. �prod mp rAm "a NF.,... i. 71eu_I�n nc sae aa. is �r1 l�dF IT f�rK+M Ys �P19+r}b/77P+Rd9!l i1�7T1lSrM��'a N'M++IFi-&� r-9 Rr 1®I 4-d,1i.-'-IM FY{: ?Y lPr• P .r.3,i...: q3} -n, 4 explicit goals of the program. Under the New Jersey rules, developments and redevelopments must infiltrate 60% of all major developments(those greater than one acre or that the pre-development volume. However, Wisconsin's rules create more than 0.25 acres of impervious surface) must suffer from weakening exemptions and very low limitations meet minimum performance standards. One of those per- on the amount of land area necessary to infiltrate runoff. formance standards requires that a development"maintain Given that a substantial portion of important ground- 100%of the annual average pre-construction groundwater water recharge areas have been functionally paved over, recharge volume for the site."" However, recharge is not the remaining recharge potential must be preserved. The allowed in areas with a high contamination risk (such as best way to ensure that remaining groundwater recharge where hazardous chemicals are stored). potential is preserved is to require future development to New Jersey's accompanying stormwater technical manual maintain 100%of the pre-development recharge volume. details the calculation method for comparing the pre-devel- oped hydrologic condition with post-development recharge rates.Applicants enter the location of the proposed devel- opment,the area (in acres),the land use(s) and land cover type(s) and the local soil series names into a spreadsheet. RESOURCES: The spreadsheet then calculates recharge volumes based on Groundwater Recharge Standards average precipitation data and typical precipitation losses (e.g. through evapotranspiration). This calculation is done for both the existing site and the proposed development. NEW JERSEY ADMINISTRATIVE CODE 7:8 The spreadsheet will then calculate the volume required to http://wwwwaterboards.ca.gov/sanfranciscobay/water issues/ programs/stormwater/m uni/nrdc/14%20nj%20stormwater%20 be recharged through Best Management Practices (BMPs) rules.pdf in order to attain the 100%recharge performance standard. Groundwater recharge BMPs include dry wells, infiltration basins, and pervious paving systems with storage beds, NEW JERSEY STORMWATER BEST MANAGEMENT and the technical manual provides design standards to PRACTICES MANUAL,Chapter 6"Groundwater ensure proper construction - for example requiring that Recharge"(April 2004) the recharge BMP be designed to pre-treat water to remove http://www.state.nj.us/dep/stormwater/bmp-manual/ NJ SWBMP 6%20print.pdf. pollutants prior to discharge.With the correct data in hand, this process is relatively easy,fast and creates certainty for developers. EDGEWOOD,WASHINGTON, Municipal Code Section 14.50.040 Edgewood, Washington also requires that the infiltration http.-Ilwww.codepublishing.com/Wa/edgewood/ rate post-development be the same as the pre-development rate. Crystal Lake, Illinois requires that "at least 95% of the annual stormwater runoff volume from new develop- WISCONSIN ADMINISTRATIVE CODE,NR 151.12(c) ment should be infiltrated," and provides a detailed design http://legis.wisconsin.gov/rsb/code/nr/nr151.PDF manual to help accomplish that goal.The State of Wisconsin has adopted a similar but less-protective performance stan- dard in its statewide"Runoff Rules:" In those rules,new or CITY OF CRYSTAL LAKE,ILLINOIS STORMWATER redeveloped residential developments must use BMPs to INFILTRATION DESIGN MANUAL infiltrate 90% of the pre-development runoff volume, and http://Www.crystallake.org/Modules/ShowDocument. aspx?documen tid=230. non-residential (commercial, industrial and institutional) 5 What Does lS% Impervious Surface \\\ Area Look Like on a !� Typical McHenry County Lot? 22 ,446 sqft average total lot size 3 , 367sqft ei�a i ° aeed lot \\\ pavement and other impervious surfaces. Impervious Surface Performance Standards Land use regulations that aim to protect water quality of development, including Langlade County, Wisconsin; and/or groundwater recharge by limiting the allowed Wolfeboro,New Hampshire;Northborough,Massachusetts; percentage of impervious surfaces on a parcel are rela- San Marcos, Texas; Santa Cruz County, California; Austin, tively common. Typically these standards are located in Texas;Wake County, North Carolina; and Sanbornton, New zoning ordinances,stating simply that"impervious surfaces Hampshire.An impervious surface limit of 20%-25%is also shall not constitute more than X% of the lot area." Some fairly common,although that level of imperviousness risks limitations apply only within a particular special protection real impacts of flooding and water quality degradation. zone,such as a watershed or aquifer protection area.Some When choosing a percentage limit, decisionmakers should communities also have established different impervious consider what percentage of a watershed has already been surface limitations for different land uses. But as discussed converted to impervious surface and the amount of future above, limiting imperviousness has numerous benefits imperviousness likely to be developed outside of the scope in quantity and quality that extend to both surface and of the new limitation(e.g.public roads). groundwater, so a generally-applicable standard would Limiting a percentage of impervious area is the most reap the greatest benefit. important aspect of these types of protections, but setting The biggest question in developing this performance an ultimate cap is important to ensure that development of standard is deciding what percentage of impervious a large lot will not lead to a harmful amount of impervious surface should be allowed. The best-supported limitation surface within a watershed. For example,a municipality or is about 10%-15% impervious surfaces on a given lot, as county may limit impervious surfaces to 15%of lot area or many scientific studies have shown degradation of surface 4000 square feet,whichever is less. waters at those levels of imperviousness. A substantial number of local governments have adopted an impervious surface limit of 10% or 15% for at least some subsegment RESOURCES: Impervious Surface Limits WISCONSIN DNR,Impervious Surface Area Standards (2000) h ttp://dnr.wi.govlorglwaterlwmldsfml shore/documentslWtS4200IChapter5.pdf TOWN OF SANBORNTON,NEW HAMPSHIRE,Article 12 Aquifer Conservation District(D) http://www.sanborntonnh.org/Departments/Zoning%2OEnforcement/2010%2OEdition%2OZoning%200rdinance%200fficial%20Version%20 05-13-2010,pdf CITY OF AUSTIN,TEXAS,Ordinance,§30-5-511 (Save our Springs Initiative) http://www.amlegal.com/austin_tx/ SOUTHERN NEW HAMPSHIRE PLANNING COMMISSION, Shoreland Protection Innovative Model Ordinance (Innovative Land Use Guide Training) (2007) h ttp://www.snh pc.org/pdf/pres8a,pdf 7 Should a County or Municipality Have Both a Groundwater Recharge Standard and an Impervious Surface Limit? Generally,yes,adopting both protections is the best practice. wouldn't guarantee the additional water quality benefits A limitation on impervious surfaces alone will help preserve provided by reducing impervious surfaces. groundwater recharge,but does not in itself ensure that no A number of communities have adopted both types of groundwater recharge capacity is lost.Adopting a ground- standards,including many Wisconsin counties (which have water recharge standard without an impervious surface adopted impervious limitations in addition to the statewide limitation would accomplish the recharge objectives, but recharge standards) and the City of Crystal Lake,Illinois. Figure 2: Using Dry Well Technology to Facilitate Recharge of Rainwater from a Rooftop At CATCH BASIN -f,4 a o - Ci r a. Y V 8 Removing Barriers from Existing Stormwater and Zoning Requirements REPEL- Porous Pavement = leavY i MOtorcycle 4 Top:Permeable interlocking concrete pavers create an attractive patio. king (Photo:Colorado Association of Stormwater and Floodplain Managers) ' Right: Lake County Forest Preserve District uses porous asphalt for the visitor center parking lot at Ryerson Woods. (Photo:Jessica Dexter, ELPC) Groundwater recharge standards and impervious surface ment) would be the best choice to keep land area open and limits will achieve the greatest benefit with the least effort if encourage groundwater recharge. However,at the regional zoning and Stormwater ordinances are reviewed to remove level,low density development actually creates the need for requirements that are inconsistent with the groundwater more impervious surfaces than thoughtfully-concentrated recharge and water quality goals. For example,many com- development because the dispersed developments need munities have historically required downspouts from roofs longer streets, sewers and sidewalks to serve the same to be connected to storm sewers.By removing this require- number of people. ment and offering incentives to disconnect downspouts, Groundwater recharge standards should always be accom- communities like Portland, Oregon have saved millions of panied with strong protections against aquifer contamina- dollars in sewer, stormwater and water utility improve- tion. Zoning ordinances should ensure that high-risk land ments that would have otherwise been necessary12. Other uses are not located in important groundwater recharge zoning requirements - such as street width requirements, areas and that all contamination risks are subject to best setbacks, and minimum parking requirements- may inad- management practices. Examples of these types of safe- vertently require more impervious surfaces to be devel- guards are discussed at length in ELPC's report, Land Use oped than are necessary. Tools to Protect Groundwater:Overlay Districts. On the surface,it may seem like large lot zoning(e.g.2 acre or 5 acre minimum requirement for residential develop- 9 How Should Groundwater Recharge Protections be Adopted? Groundwater recharge performance standards and imper- tecting drinking water quality or supply is a valid zoning vious surface limitations can be adopted using stormwater objective to protect public health, safety and welfare". If management authority or zoning authority. Choosing the groundwater recharge standards and impervious surface appropriate method will require an examination of the limitations are to be adopted through zoning mechanisms, authority in your community as well as existing zoning and they should at least apply within identified Groundwater stormwater requirements. For example, it may make more Protection Overlay Districts". However, because both sense to incorporate either standard into a well-developed policies have multiple benefits in managing stormwater stormwater ordinance where relevant definitions have and keeping surface water clean,it may make sense to apply already been established or where a development review them generally to all development. process for similar issues already functions smoothly. Illinois counties have authority to create stormwater ordi- Illinois counties13 have authority to establish zoning restric- nances, but municipalities can adopt standards that are tions to protect the public health,safety and welfare.Munic- more stringent. Counties and municipalities will have to ipalities have explicit authority to use zoning to reduce"the examine their stormwater management plans and statutory hazards to persons and damage to property resulting from authority to determine the best way to adopt groundwater the accumulation or runoff of storm or flood waters" in recharge and impervious surface performance standards to addition to the standard public health, safety and welfare protect groundwater supply for their communities. language14. Courts around the country have held that pro- RESOURCES DELAWARE NEMO GUIDE TO NATURAL RESOURCE BASED PLANNING,Chapter 2: Impervious Cover http://nemo.udeLedu/manuallChap2Web.pdf THE IMPORTANCE OF IMPERVIOUSNESS,WATERSHED PROTECTION TECHNIQUES 1(3):100-111 http://www.stormwatercen ter.net/Practice/1-Importance%20of%201m perviousness.pdf CAPPIELLA,KAREN AND KENNETH BROWN,Center for Watershed Protection,Impervious Cover and Land Use in the Chesapeake Bay Watershed (2001) WISCONSIN DNR,Impervious Surface Area Standards (May 22,2000) http://dnr.wi.gov/org/water/wm/dsfm/shore/documents/ Wt54200 1Chapter5.pdf AMERICAN RIVERS,"Paving Our Way to Water Shortages: How Sprawl Aggravates the Effects of Drought" (2002) http://www.americanrivers.org/assets/pdfs/reports-and-publications/PavingOurWayToWaterShortages4ae6.pdf DUNN,ALEXANDRA DAPOLITO AND NANCY STONER,"Green Light for Green Infrastructure,"Environmental Law Forum (May/June 2007) http://www.msdgc.org/downloads lwetweatherlgreenreport/FilesIGreen_Report Exhibit Cpdf 10 Endnotes CMAP,Northeastern Illinois Regional Water Supply/Demand Plan,43 (March 2010) available at http://wwwcmap.illinois.gov/regional-water-supply- planning. ("The most immediate and problematic consequences are likely to be greater drawdown interference, additional streamflow capture, and attendant degradation of local surface water and ecosystem quality.Longer term,it is conceivable that inadequate local water supplies will limitgrowth and development opportunities without utilizing new sources of water.') 2 Delaware NEMO Guide to Natural Resource Based Planning,Impervious Cover,2-2. 3 The Importance of Imperviousness,Watershed Protection Techniques 1(3):100-111(63%-70%of impervious land area dedicated to transport)and Center for Watershed Protection,Impervious Cover and Land Use in the Chesapeake Bay Watershed iii-iv(2001)(55%-75%of impervious land area dedicated to car habitat). 4 Impervious Surface Area Standards,Wisconsin DNR(May 22 2000)(Literature Review of The Water Quality Impacts of Impervious Areas);The Importance of Imperviousness,Watershed Protection Techniques 1(3):100-111;and Center for Watershed Protection,Impervious Cover and Land Use in the Chesapeake Bay Watershed 1(2001). 5 Delaware NEMO Guide to Natural Resource Based Planning,Impervious Cover,2-1. e American Rivers,"Paving Our Way to Water Shortages:How Sprawl Aggravates the Effects of Drought"2(2002). The Center for Watershed Protection estimates that annual maintenance costs for natural open space are$75 an acre,compared to$240-270/acre for lawns. a For further discussion of performance standards designed to protect groundwater,see our previous publication,"Land Use Tools to Protect Groundwater. Overlay Districts"available at elpc.org. 9 Cape Cod Commission Model Aquifer Protection Bylaw,10.1(c). 10 Cowlitz County,Washington Code Chapter 19.15.160(D)(1). 11 New Jersey Administrative Code 7:8-5.4(a)(2). The performance standard provides the alternative of infiltrating the increase of volume for the two-year storm,but for ease of discussing the principle we focus hereon the 100%recharge performance standard. 11 Dunn,Alexandra Dapolito and Nancy Stoner,"Green Light for Green Infrastructure,"Environmental Law Forum(May/June 2007). 13 55 ILCS 515-12001. 14 65 ILCS 5111-13-1. "See,e.g.,Moviematic Industries Corp.v Board of County Commissioners of Metropolitan Dade County,349 So.2d 667(1977)and Ketchel v.Bainbridge Township,557 N.E.2d 779(1990). I6 See our prior publication,"Land Use Tools to Protect Groundwater.Overlay Districts." "55 ILCS 515-1062 and 1062.2. ELPC's Clean Water Program Almost 40 years after Congress passed the Clean Water Act, much work still remains to be done to achieve its mission: restoring and maintaining the nation's waters in order to protect fish and wildlife and safeguard health, safety and enjoyment for people.ELPC's team of attorneys,policy advocates,and communications experts are working to help realize that goal through advocacy to protect and preserve rivers,lakes and streams throughout the U.S.and nationally. ELPC's Clean Water Team generally works on four fronts. First, we work to build the capacity of people to participate more effectively in the public policy process. This ultimately strengthens the sustainability of our work. Second, we work to advance "anti-degradation" rules, which are meant to maintain the existing quality of pristine waterways and prevent unnecessary new pollution.Often,state officials have ignored this part of the Clean Water Act,but ELPC attorneys have extensive experience developing and working to implement strong rules. Third,we work to upgrade water quality standards. Strong standards ensure state environmental agencies and local municipalities are considering the cumulative impacts of water pollution. Finally, we work to implement existing water quality standards. ELPC attorneys work with state environmental agencies and local municipalities to review permits and ensure they are enforced appropriately. Today,many waterways have poor water quality and decreasing biological diversity caused by pollution from agriculture, industry,transportation systems,urban runoff,sprawling development and municipal sewage treatment plants.But state and federal procedures exist to prevent harmful pollution and maintain our healthy waterways. ELPC is a public interest watchdog working to ensure those rules are implemented for the well-being of our environment, our economy, and our communities. For more information,please visit our website: www.ELPC.org/wa ter. ti k ' N Environmental Law &t Policy Center The Environmental Law& Policy Center is the Midwest's leading public interest environmental legal advocacy and eco- business innovation organization. We develop and lead successful strategic advocacy campaigns to improve environmental quality and protect our natural resources. We are public interest environmental entrepreneurs who engage in creative business dealmaking with diverse interests to put into practice our belief that environmental progress and economic development can be achieved together. ELPC's multidisciplinary staff of talented and experienced public interest attorneys, environmental business specialists,public policy advocates and communications specialists brings a strong and effective combination of skills to solve environmental problems. ELPC's vision embraces both smart,persuasive advocacy and sustainable development principles to win the most important environmental cases and create positive solutions to protect the environment. ELPC's teamwork approach uses legal, economic and public policy analysis,and communications advocacy tools to produce successes. ELPC's strategic advocacy and business dealmaking involves proposing solutions when we oppose threats to the Midwest environment. We say"yes" to better solutions;we don't just say"no." ELPC was founded in 1993 and has achieved a strong track record of successes on national and regional clean energy development and pollution reduction,transportation and land use reform,and natural resources protection issues. ELPC's creative public advocacy effectively links environmental progress and economic development together and improves the quality of life in our Midwestern communities. it ENVIRONMENTAL LAW & POLICY CENTER 35 East Wacker Drive,Suite 1600 Chicago,Illinois 60601 ELPC.org 1 (312) 673-6500 1 elpcinfo @elpc.org 1H facebook.com/ELPCenter I twitter.com/ELPCenter With Regional Offices in Iowa,Minnesota,North Dakota,Ohio,South Dakota,Washington,D.C.,and Wisconsin Printed on recycled paper lJ � y4 ,Jakar !y "" �lpk. ff s G n r J. • � � � 11 l+ , ef 'h;. s PIP 39 PMF Land Use Tools to Protect Groundwater: Conservation Design AUTHOR JESSICA DEXTER, ELPC STAFF ATTORNEY EDITOR KATIE COLEMAN, ELPC COMMUNICATIONS ASSOCIATE DESIGNER MARGOT HARRINGTON, PITCH DESIGN UNION ©July 2011.All rights reserved.Full reproduction permitted.This report is available at ELPC.org.ELPC requests acknowledgment,in print,on any information or excerpts reproduced in another publication. Important:The information contained in this document is forgeneral guidance only,and with the understanding that ELPC is not providing any specific legal,accounting,tax,or other professional advice.Readers should seek specific legal, accounting, tax or other professional advice from competent professionals prior to taking any action with respect to the matters discussed in this document. Front Cover Images: Top:Traditional neighborhood design highlighted in conservation design at Prairie Crossing,in Gray- slake,IL.(Photo:Jessica Dexter,ELPC) Bottom Left.This natural oak savanna is protected by conservation design at the Sanctuary of Bull Valley,in Woodstock,IL.(Photo:Jessica Dexter,ELPC) Bottom Center:The sign at the entrance to Deerpath Farm,in Mettawa,IL,illustrates the protected natural areas and availabl%xisting home sites.(Photo:Jessica Dexter,ELPC) Bottom Right.This home in Mettawa,IL,is part of a conservation design development.(Photo:Jessica Dexter,ELPC) Back Cover Image:Veer Stock Photography Introduction 1 r � t s Conservation design protects remnant prairie and encourages native plantings—such as these purple coneflower at the Sugar Creek Preserve in Walworth County,WI—for the enjoyment of residents and the benefit of the natural world.(Photo:Jessica Dexter,ELPQ There is no need to choose between economics and the A community benefits from conservation design because, environment - conservation design for subdivisions is a without any public expenditure,such developments ensure smart approach to development that serves the interests of efficient use of community resources and preserve essential the developer, homeowner, community and natural world. functions (like groundwater recharge) that the entire "Conservation design" differs from "conventional design' community needs,now and in the future. -two terms that will appear frequently in this publication. Finally, the natural world benefits because conservation When a property is subdivided, conservation design first design works with nature. Economic development can protects the important natural features of the land and then continue without displacing wildlife, destroying habitat or allows flexibility to place homes' on the remaining area, degrading ecosystems. often at the same density that would be allowed in a tradi- tional design. This report will detail: (1) how conservation design can preserve groundwater, generate economic development To a developer,conservation design offers design flexibility,cost and provide other benefits; (2) the process by which savings,price premiums and unique marketing opportunities. conservation design can be implemented in a residential Homeowners interested in conservation design properties subdivision; and (3) a discussion of the benefits of making will find an emphasis on quality of life, great views and conservation design mandatory. permanent access to open space for recreation and enjoyment. 1 Benefits of Conservation Design Groundwater Benefits serving water use is an important tool in protecting water supply for future generations. There are a multitude of reasons to choose conservation design over traditional development. But in groundwater- dependent areas that are at risk for shortages in drinking Economic Benefits water (such as McHenry County), communities should The economic benefits may be the most compelling consider requiring conservation design in certain areas in advantages of conservation design. According to a order to protect vital lands where rainwater can recharge statistical economic study published in 2006, conserva- the groundwater supply. tion design subdivisions typically cost $7,400 less per lot to build than traditional subdivisions." That's because conservation design reduces the need for land clearing and Conservation design subdivisions grading, reduces infrastructure costs for roads and utility typically cost$7,400 less per runs, and often reduces the need to construct large storm- lot to build than traditional water detention basins-all of which can add up to a savings of 12% to 64% of infrastructure costs."' Savings are also subdivisions. of through native landscaping,which saves$4,400 to $8,850 per acre compared to turf grass.'" What's more, despite lower development costs, As discussed in ELPC's previous report, Land Use Tools to conservation subdivision lots typically sell more quickly Protect Groundwater: Preserving Recharge, open space in and at a price premium compared to their counterparts in its natural state provides the best opportunity for ground- a traditional subdivision. The 2006 economic study found water recharge. This is because the vegetation on the site that conservation lots sold for about $13,000 to $18,000 helps to keep water where it falls so it has time to soak into more than conventional subdivision properties and sold soils that have not been compacted by development. in an average of 9.1 months compared to 17.0 months for In a traditional subdivision, that rainwater would need to conventional development°The bottom line is,conservation be managed as stormwater runoff,but conservation design design is more profitable for developers. recognizes that water as a resource, not a waste product. Conservation design also reduces the overall impervious surface area on a site because developed lots are sited Conservation design can be relatively close together. When lots are closer together an important tool in helping and designed thoughtfully,less surface area is required for manifest communitygoals. roads and sidewalks to connect them. Finally,conservation design helps to curb water use.Because conservation design leaves a large portion of a developed But conservation design is a good economic choice for lot in its natural state and emphasizes using native plants homebuyers as well.Beyond the quality of life value of living in developed landscapes,these developments require much in a home in a beautiful setting, conservation design sub- less of our precious groundwater to irrigate lawns. division dwellers enjoy freedom from extensive lawn care. Maintenance costs for native plantings are$3,950 to$4,683 As we will discuss in the final report in this series, con- less per acre per year compared to equal areas of turf grass. 2 "To top it off,homes in conservation subdivisions tend to = "' appreciate more in value than homes in conventional sub- division,making it a smart real estate investment as well as a nice place to live. Conservation design is also an economically smart choice for the community where it is located. Because of the smart placement of lots and the reduced length of streets and utility runs,the required maintenance-such as snow- plowing,road resurfacing and replacement of aging pipesi -is also minimized. Other Benefits For many towns, cities and counties that have adopted comprehensive land use plans, conservation design sub- divisions can be an important tool in helping manifest community goals.Because of its flexibility and unintrusive footprint, conservation design helps set the tone for the community's character.For example: • In a suburban neighborhood,featuring mixed residen- tial and commercial uses and a"traditional neighbor- hood development"approach to home sites can inspire Conservation design allows development while directing impacts away from important natural areas on the site,like these well-established oak trees and a greater sense of community and a neighborhood feel. wetland areas at the Deerpath Farm development in Mettawa,IL. (Photo: • In a rural community, conservation design can help Jessica Dexter,ELPCJ enhance community character by conserving valuable agricultural soils on a site and allowing certain appro- Conservation subdivisions can also protect natural priate agricultural uses of that conserved open space. features that help define a community's identity.This might mean setting aside areas including a local scenic vista, a A municipality might want to ensure that conservation geographic feature, well-established or old-growth trees, design provides desired recreational opportunities for or remnant prairie. In addition to the benefits of managing the community as a whole. For example, an ordinance stormwater and groundwater supply described above, governing conservation design might require that some or setting aside environmentally sensitive areas also helps all of the conserved open space be connected to a regional reduce flooding, prevent erosion from steep slopes and walking or biking trail system, or that it be linked to a create corridors of wildlife habitat that protect biodiversity, greenway system identified in the locality's comprehensive plan.Or the community might require that some portion of a conservation design subdivision be dedicated as a public park,so its benefits may be enjoyed by all residents,not just residents of the subdivision. 3 The Conservation Design Process for Residential Subdivisions Conservation design is more than just "cluster identify conservation areas; (2)locate house sites; (3)align development."i Cluster development may group together streets and trails;and(4) draw lot lines. houses on one portion of a lot,leaving some open space,but it does so without the same thoughtful consideration that Step One: Identify Conservation Areas conservation design employs.Conservation design subdivi- The first step, identifying conservation areas, begins with sions develop only on the least environmentally sensitive an analysis of the proposed subdivision site. The aim of areas of a site and are designed to achieve specific conserva- this analysis is to identify existing features of the site tion and quality-of-life goals. Under this model, developers that are desirable to preserve and conditions that render work with nature,enhancing benefits to both residents and certain areas unbuildable. Typically, a conservation design the natural world.To accomplish these goals,the conserva- subdivision ordinance will specify the components that tion design process consists of four consecutive steps: (1) must be evaluated,but these might include: • Topographic survey of the site,including identification of visually prominent topographic features; • Analysis of water drainage; • Identification of groundwater recharge areas; • Demarcation of water features,such as streams, wetlands,swales,springs and/or vernal pools; r • Demarcation of woodlands,trees,and vegetation; ` • Survey for threatened/endangered species; Identification of important wildlife habitat,including but not limited to that needed by threatened/ endangered species; • Identification of steep slopes; • Soils analysis,which may indicate valuable agricultural or hydric soils required for wetlands; • Important historic or cultural features of the site; • Existing roads and structures; • Existing trail systems(both onsite and nearby);and • Current uses of adjacent properties,with special attention to adjacent parks,trails,or open space. Once this site analysis has been assembled, it is typically reviewed by planning staff for completeness.The developer works with the municipality to identify areas of the site that are candidates to be preserved as conservation areas.A con- Conservation design can be mixed use,incorporating appropriate com- servation design ordinance will often specify which features mercial development into the residential development. This park is at (such as woodlands, floodplains, wetlands, water features the center of the commercial development at Prairie Crossing in Gray- and sensitive groundwater recharge areas)must be set aside slake,/L,just steps from a Metro station.(Photo:Jessica Dexter,ELPQ and protected.It is also common for an ordinance to require 4 that a certain percentage of the remaining buildable land also Step Three Et Four: Align Streets and Trails, be preserved as open space(optimally between SO%-66%). and Draw Lot Lines To be eligible for conservation design status, the identified The remaining step is really a matter of connecting the dots. "conservation areas" are required to be protected in The placement of streets and trails is more or less directed perpetuity.This can be accomplished by a deed restriction, by the placement of adjacent streets and trails, proposed a conservation easement held by a qualified land conserva- house sites and any applicable setbacks.The final step is to tion organization, or occasionally through a "fee simple" draw lot lines among the homes. By drawing lot lines last, donation to the town or land conservation organization.The rather than first, a developer is able to offer a much more developer must work with the town and the land conserva- optimal use of the property. tion organization to develop both short-term and long-term stewardship plans for the preserved areas to ensure that When all these steps have been laid out,most municipalities the conservation goals of the ordinance and the develop- require that the developer submit a "sketch plan" of the ment are attained and maintained in the future. proposed configuration before moving forward with more detailed design plans. The planning entity will review the sketch plan to ensure that the impact of the development Step TWO: Locate House Sites has been minimized and that environmental features of The second step is to locate appropriate sites for houses on the site will not be degraded. It will look to ensure that the remaining buildable land.An ordinance will often have the required percentage of open space has been slated for a formula to calculate how many units can be built, based preservation,that road length has been minimized,and that on the net buildable area left after conservation areas are any other major requirements will be met by the development. set aside. These formulas are usually based on the under- Upon approval of the sketch plan,the developer undertakes lying zoning and often will be equal or near to the number more detailed design of the site and homes. Conservation of units that would have been allowed in a traditional design subdivisions often have more detailed requirements subdivision.Some ordinances even provide density bonuses to help achieve objectives of a comprehensive community as an incentive to encourage developers to choose conser- plan, many of which would be considered at this stage. vation design. These requirements might include: use native plants in Once the number of allowable units has been identified, landscaping,use best management practices forstormwater, home sites are chosen so that they can maximize the offer a certain percentage of units as affordable housing,or benefits of conservation design to homeowners.The design design lighting so as to protect the night sky. should cluster homes so as to minimize the length of streets While the application process for a conservation design and utility infrastructure, without compromising privacy subdivision is more detailed than that for a traditional The design should position each home so its residents subdivision, it produces a better result that benefits have easy access to open space and have a nice view from developers, homebuyers and communities as well as the their home. Views from conservation design homes often environment. However, despite the additional detail, the look over a long, permanently protected vista, such as a application process may well be smoother than a traditional wildflower meadow, open field, or lush wetland. It is the subdivision. Conservation design tends to have a positive thoughtful design at this stage that makes conservation community image,and would-be opponents of development design homes so attractive and marketable to homebuyers. are more likely to see a conservation design development as a good neighbor. 5 Conventional Design woodlands and natural areas removed for grading slopes exposed to erosion p p lot lines drawn arbitrarily no protection of natural areas 5 dwellings visible from street I , Conservation Design natural areas preserved for benefit of residents, ter= community and the environment � steep slopes Prot �o 5 EMS 0 Elm mom 0 0 ON rural views preserved Should Conservation Design Be Required? While providing a conservation design alternative to the development to continue. traditional subdivision is almost always a good idea, there To put the value of mandatory conservation design for are reasons for counties and municipalities to consider subdivisions in perspective, consider this: since 2005, requiring conservation design for future subdivisions. 59 subdivisions have been proposed in unincorporated Many comprehensive plans identify goals,such as preserving McHenry County, covering more than 4,600 acres of land.'X open space, establishing a network of walking and biking Under the existing, mostly- voluntary regime (discussed trails,preserving groundwater recharge or preserving wild- below), only seven of those developments were proposed life habitat corridors.When it comes to implementing those as conservation design subdivisions,covering just over 500 goals,communities often look toward voluntary easements acres. Amending the ordinance now to include mandatory or bargain purchase agreements.While those methods are conservation design in a groundwater protection overlay important tools, there are two major drawbacks: (1) they district helps ensure that future opportunities to protect cost money and (2) progress toward achieving community open space and groundwater recharge are not lost. goals will always be uncertain because they rely on volun- Examples of mandatory conservation design ordi- tary action. nances are provided in the next section. Counties, cities In groundwater-dependent areas, such as McHenry and towns that are groundwater-dependent should County,the goal of preserving groundwater recharge areas consider amending any existing conservation design isn't just aspirational, it's necessary to support future ordinance or adopting one as part of the zoning code development. Past development choices have already following the models described here.The ordinance should: impacted the recharge (1) require conservation potential of area aquifers Since 2005, 59 subdivisions have design within areas of - thus affecting commu- a groundwater protec- nity water supplies - so been proposed in unincorporated tion overlay district; (2) preserving the remaining McHenry County... only seven require that ground- important recharge areas is water recharge potential of those developments were essential to ensure adequate be assessed as part of water supply�n the future. proposed as conservation design ... the initial site assess- McHenry � "'�; McHenry County has identi- ment; (3) specify that fied Sensitive Aquifer Recharge Areas and has set goals in groundwater recharge both its Comprehensive Plan and its Water Resources Action areas are conservation features to be permanently Plan regarding protection of groundwater recharge areas. protected; and (4) require groundwater-friendly best The county could work to achieve those goals by seeking management practices, such as using native plantings, to purchase important areas through conservation ease- preserving natural drainage patterns and implementing ments or"fee simple" arrangements.But budgets are tight, stormwater best management practices that encourage and it is likely that not very much land would end up being infiltration. Conservation design benefits developers and protected.If the county instead required any proposed sub- homeowners and is a no-cost way for communities to help division in a Sensitive Aquifer Recharge Area to follow the assure clean adequate water supply for future generations. Conservation Design Standards outlined in its ordinance,it would be a win-win.The county would ensure groundwater recharge protection at no cost to taxpayers,while allowing 8 Examples of Mandatory Conservation Design Subdivision Ordinances Conservation design affords residents permanently protected vistas of natural areas and easy access to walking and biking paths,as demonstrated at the Prairie Crossing development in Grayslake,IL.(Photo:Jessica Dexter,ELPCJ Village of Homer Glen, Illinois for the ordinance.Once implemented,the Village estimates In 2006, the Village of Homer Glen (in Will County, this approach could protect 1,000 new acres of open space. IL) passed one of the strongest conservation design ordi- nances in the country. Town of LaGrange, Wisconsin The ordinance requires that 20-50%of a development site be conserved as permanently-protected, publicly-owned With a population of about 2,400 people, the Town of open space. Homes must be sited in clusters of 5-20 units, La Grange, Wisconsin, is a gateway to Wisconsin's Kettle and 90%of lots must directly abut the common open space. Moraine state forest.Abundant natural areas attract people from all over the region for hiking, cross-country skiing, These requirements pertain to subdivisions 10 acres and mountain biking, horseback riding, hunting and snowmo- larger within the Village's Residential Conservation Overlay biling.In 2004,the Town of La Grange adopted an ordinance District (6 of 9 residential zoning districts). Exempt prop- that requires conservation design for all subdivision devel- erties include commercial subdivisions, areas with "estate opments in the town. Rather than reinvent the wheel, the zoning"and areas not served by water and sewer,although Town of LaGrange simply incorporated by reference the any subdivision can"opt in:' Conservation Design Standards for Walworth County (in Because the ordinance was adopted just before the which the town is located). economic downturn, no developments have yet qualified One of the specific goals of the Walworth County 9 i p f _ � r _t Conservation design can accommodate many types of housing,ranging from modest affordable homes to upscale suburban residences. This photo was taken at the Sanctuary of Bull Valley development in Woodstock,1L.(Photo:Jessica Dexter,ELPCJ Conservation Development Design ordinance is 20 acres in 9 of its residential,agricultural and commercial "utilizing stormwater management practices to replenish zoning districts if the subdivision will result in more than aquifers and to recharge groundwater supplies through four parcels.The ordinance requires a developer to identify infiltration measures." The Walworth County ordinance "conservation themes" for the development, such as forest follows the four-step procedure described in this report. stewardship, water quality protection or farmland preser- Depending on the underlying zoning, 20% to 60% vation. The Town of Lyons' conservation design ordinance of the net buildable area of a site must be preserved. follows the four step process described in this report and Types of conservation areas are ranked by order of pri- requires that 60% of gross acreage be set aside as open ority, and groundwater recharge is listed among the space.One unique feature of the ordinance is a limitation on secondary priorities of the ordinance. Density bonuses the percentage of the lot that can be impervious(see ELPC's can be earned by incorporating certain best management previous report, Land Use Tools to Protect Groundwater: practices into the site design. Preserving Recharge for more information on impervious Under the Town of La Grange ordinance, the developer surface limitations). works with the County for design and approval,but submits the Existing Resources and Site Analysis Map, Sketch Plan McHenry County, Illinois and Conservation Land Ownership and Maintenance docu- ments to the Town Board. The Town Board must approve McHenry County, Illinois, adopted the most recent the Sketch Plan and Land Ownership and Maintenance version of its Zoning Ordinance Addendum, "Conserva- documents as well as the preliminary and final plat. tion Design Developments: Standards and Procedures;' in 2009. The ordinance is voluntary for any subdivision, but it also requires conservation design for subdivi- Town of Lyons, Wisconsin sions if certain triggers are met. The ordinance is fairly The Town of Lyons, also in Walworth County, Wisconsin, strong,but improvements could be made in order to more requires conservation design for subdivisions larger than effectively protect groundwater recharge areas. 10 McHenry County's conservation design ordinance applies tial for aquifer contamination" and Class III Special to both residential and non-residential subdivisions in Resource Groundwater Areas (as designated by the Illinois unincorporated McHenry County. Any subdivision may Pollution Control Board). However, it is unclear from voluntarily opt into conservation design standards and the ordinance whether those definitions were meant be eligible for a density bonus that can be earned by to include the areas identified in McHenry County's incorporating certain features identified in the ordinance. Sensitive Aquifer Recharge Area map, nor is it clear what The ordinance requires 40% to 70% of the subdivided lot the threshold for"excessive"or"high"should be. to be left as open space, based on the applicable zoning The McHenry County conservation design ordinance district. The number of units allowed is calculated based includes several features that help protect groundwater.To on 90% of the gross area and the underlying zoning start, each conservation design subdivision needs to iden- classification. tify the conservation goals and objectives for that project. The ordinance lists a number of purposes it seeks to accom- Groundwater recharge protection and water quality pres- plish,among which two are related to groundwater protec- ervation and enhancement are both suggested goals listed tion: in the ordinance.When the site survey is conducted(as part • "To preserve the hydrologic condition and infiltrative of"Step One"described in this report),the soils assessment capability of the soil by minimizing mass grading and must include assessments of permeability, leach potential, impervious surfaces.' groundwater recharge potential and aquifer sensitivity. Then, as conservation areas are identified, developers • "To preserve natural groundwater recharge functions must minimize encroachment on sensitive recharge areas and protect the quality of surface water and ground- in order to ensure they do their job to clean and recharge water." groundwater. There are several ways that those objectives are embodied Several other required measures, such as preserving in the ordinance,but they could be improved upon. natural drainage patterns, stabilizing soils, and preserving The conservation design standards become manda- natural vegetation,also help to optimize recharge potential tory in McHenry County if "automatic" or "cumulative" on a site. Finally, the ordinance specifies that the waste- triggers are met, but subdivisions with five or fewer water management option chosen for a site must maximize lots are exempt. The automatic triggers are based on recharge,but protect groundwater,surface water and envi- proximity to high-habitat-value natural areas or high- ronmentally sensitive areas from pollution impacts. quality streams, rivers, lakes or wetlands. The cumulative All in all, McHenry County has a conservation design triggers look at the lot plus 200 feet surrounding on ordinance that is fairly strong on groundwater, but all sides of the lot. If 20% or more of that area consists it should be amended so that conservation design is of features such as wetlands, floodplains, kettle holes, required in certain areas - such as within a groundwater woodlands, savannas, remnant prairies, publicly-owned protection overlay district (see ELPC's previous report, or private deed-restricted natural open spaces and Land Use Tools to Protect Groundwater: Overlay preserves,then the cumulative trigger is met and the subdi- Districts), or if the site contains groundwater recharge vision must follow conservation design standards. areas as identified on the county Sensitive Aquifer Recharge There are some groundwater-related features included Area map.Alternatively,the county could include sensitive on the cumulative trigger list as well: soils with "exces- aquifer recharge areas as an "automatic trigger" under the sive permeability," "high leach potential," or "high poten- current ordinance configuration. 11 Resources RANDALL ARENDT,CONSERVATION DESIGN FOR SUBDIVISIONS:A PRACTICAL GUIDE TO CREATING OPEN SPACE NETWORKS,DC: Island Press 1996. UNIVERSITY OF WISCONSIN EXTENSION:AN ORDINANCE FOR A CONSERVATION SUBDIVI- SION,available at http://www.doa.state.wi.us/dir/documents/conserv_subdiv_Model_ ordinance_Feb2001.pdf. WALWORTH COUNTY,WI CONSERVATION DESIGN ORDINANCE,available at:http://www. co.walworth.wi.us/Government%20Center/Land%2OUse%20and%2OResource%20 Management/Planning.aspx. MCHENRY COUNTY,IL CONSERVATION DESIGN ORDINANCE,available at:http://www. co.mchenry.il.us/departments/planninganddevelopment/Documents/Ordinances/Con- servation%20Design%2OAddendum.pdf. VILLAGE OF HOMER GLEN,IL CONSERVATION DESIGN ORDINANCE,available at:http:// www.homerglenil.org/Ordinances/OR06-OSlConservationDesign.pdf. CONSERVATION RESEARCH INSTITUTE,"CHANGING COST PERCEPTIONS:AN ANALYSIS OF CONSERVATION DEVELOPMENT"(Feb.2005).Available at: http://www.jrbp.missouristate. edu/rippleeffect/pdf/ChangingCostPerceptionsAnAnalysisofConservationDevelopment. pdf. MOHAMED,RAYMAN,"THE ECONOMICS OF CONSERVATION SUBDIVISIONS:PRICE PRE- MIUMS,IMPROVEMENT COSTS AND ABSORPTION RATES"41.3 Urban Affairs Review 376-399 (Jan.2006).Available at:http://www.landchoices.org/conservationsubs/ consubs_pdfs/consubs_economics 1.pdf. STEVE WRIGHT,"CONSERVATION SUBDIVISIONS:GOOD FOR THE LAND,GOOD FOR THE POCKETBOOK",On Common Ground(Winter 2006)available at:http://www.greener- prospects.com/PDFs/ConservationSubdivisions-Wright-Opt.pdf. 12 Endnotes 'Conservation Design is also appropriate for commercial subdivisions,and follows the same principles.For ease of explanation,however,this report will only discuss residential conservation design subdivisions. "Mohamed,Rayman,"The Economics of Conservation Subdivisions:Price Premiums,Improvement Costs and Absorp- tion Rates"41.3 Urban Affairs Review 376-399(Jan.2006). "'Conservation Research Institute, "Changing Cost Perceptions:An Analysis of Conservation Development,"p 3(Feb. 2005). "Id.at 5-7. °Mohamed,Rayman,"The Economics of Conservation Subdivisions:Price Premiums,Improvement Costs and Absorp- tion Rates"41.3 Urban Affairs Review 376-399(Jan.2006). °'Conservation Research Institute,"Changing Cost Perceptions:An Analysis of Conservation Development,"p 5-7(Feb. 2005). `For a comparison,see Natural Lands Trust,"Conservation Design versus Typical Cluster Regulations,"available at- http://www.greenerprospects.com/PDFsIG(Lvs Cluster 5-15-01.pdf. °"'See ELPC's previous report.Land Use Tools to Protect Groundwater.Preserving Recharge available at elpc.org. "Due to the economic downturn,not all proposed subdivisions have been built. 13 Environmental Law Ft Policy Center The Environmental Law& Policy Center is the Midwest's leading public interest environmental legal advocacy and eco- business innovation organization.We develop and lead successful strategic advocacy campaigns to improve environmental quality and protect our natural resources.We are public interest environmental entrepreneurs who engage in creative business dealmaking with diverse interests to put into practice our belief that environmental progress and economic development can be achieved together.ELPC's multidisciplinary staff of talented and experienced public interest attorneys,environmental business specialists,public policy advocates and communications specialists brings a strong and effective combination of skills to solve environmental problems. ELPC's vision embraces both smart,persuasive advocacy and sustainable development principles to win the most important environmental cases and create positive solutions to protect the environment. ELPC's teamwork approach uses legal, economic and public policy analysis,and communications advocacy tools to produce successes.ELPC's strategic advocacy and business dealmaking involves proposing solutions when we oppose threats to the Midwest environment.We say"yes" to better solutions;we don't just say"no." ELPC was founded in 1993 and has achieved a strong track record of successes on national and regional clean energy development and pollution reduction,transportation and land use reform,and natural resources protection issues.ELPC's creative public advocacy effectively links environmental progress and economic development together and improves the quality of life in our Midwestern communities. It ENVIRONMENTAL LAW & POLICY CENTER 35 East Wacker Drive,Suite 1600 Chicago,Illinois 60601 ELPC.org 1 (312) 673-6500 1 elpcinfo @elpc.org In facebook.com/ELPCenter I twitter.com/ELPCenter With Regional Offices in Iowa,Minnesota,North Dakota,Ohio,South Dakota,Washington,D.C.,and Wisconsin Printed on recycled paper W1W LAND USE TOOLS TO PROTECT GROUNDWATER: WATER EFFICIENCY STANDARDS ENVIRONMENTAL LAW & POLICY CENTER Part 4 of 4 in a Series Supported by the Gaylord & Dorothy Donnelley Foundation rF4 ' f I + X 1 Land Use Tools to Protect Groundwater: Water Efficiency Standards AUTHOR JESSICA DEXTER, ELPC STAFF ATTORNEY EDITOR KATIE COLEMAN, ELPC COMMUNICATIONS ASSOCIATE ©September 2011.All rights reserved.Full reproduction permitted. This report is available at ELPCorg.ELPC requests acknowledgment,in print,on any information or excerpts reproduced in another publication. Important.The information contained in this document is forgeneral guidance only,and with the understanding that ELPC is not providing any specific legal,accounting,tax,or other professional advice.Readers should seek specific legal, accounting, tax or other professional advice from competent professionals prior to taking any action with respect to the matters discussed in this document. Front Cover Images from stockxchng Back Cover Image from Veer Stock Photography Introduction U a L 0 R 'y m Vr 1 Water efficiency means water supply. truly the best source of additional water supply. Installing Communities facing water shortages may dream of stum- water-efficient fixtures can reduce water use up to 35%1. bling upon a new source of affordable,clean and safe water If all U.S. households installed water-efficient fixtures,that supply to support families and businesses in the future. would save more than 8.2 billion gallons of clean water daily" Luckily,communities can turn to water efficiency to unlock — that's equivalent to more than 12,000 Olympic-size its potential as a"new"source of drinking water to support swimming pools worth of water every single day. What's current and future development. more,those efficiency measures would add up to cost sav- ings of more than$18 billion per year"`. Efficiency differs from conservation, which asks people to do less. Conservation asks for sacrifice in order to get Communities across the country have successfully employed through a drought or emergency, relying on individuals to efficiency measures to improve reliability of water supply, change their behavior to achieve results. save money and protect the environment. Efficiency means doing more with less. It means using the For example, Boston, Mass., used efficiency measures to best available technology and innovative ideas to achieve provide clean, safe water to 2 million more people while long-term water sustainability without sacrificing quality reducing its water consumption by a third!These measures of life. saved the city$500 million because it eliminated the need to build a new dam to develop additional water supply'° Where individual sacrifices to save water may begin to slide once the emergency has passed,efficiency builds water sav- ings into the infrastructure, and the savings are sustained years. even when individual stamina begins to deteriorate. In an extreme draught that had left the town of Orme,Tenn., Efficiency is a smart investment in the future of any com- with water supply for only 3 hours per day, installation of munity. It is the least-cost water management strategy and efficiency measures that reduced consumption by 45% 1 Efficiency also makes good financial sense for both indi- viduals and the community as a whole.Most water-efficient home fixtures save enough water(and therefore money)to pay for themselves in less than 5 years. Because efficiency reduces overall demand,variable operating costs are lower for community water utilities, and those utilities might be able to defer (or avoid altogether) infrastructure costs. These savings can help free up public funds for necessary upgrades to water infrastructure, including fixing leaks, improving drinking water quality and improving waste- water treatment. �. Perhaps most importantly, developing efficiency always - costs less than developing a new water supply. Efficiency upgrades cost about $0.46 - $1.40 per 1,000 gallons of xwater saved"'. Developing a new water supply source (for o t instance,by building a dam on a river) can cost 8,500 times o more per 1,000 gallons than efficiency costs. In areas like McHenry County, Ill.,where there is no viable non-ground- water source to develop, efficiency is the clear— and per- haps only—choice to sustain water supply helped to rapidly restore the town's water service". Efficiency is also the right choice for the environment. Unsustainable consumption of water,whether surface water Communities can attain greater water security by insuring or groundwater,takes water away from rivers,streams and that water efficiency technology is built into development wetlands.Healthy aquatic ecosystems need sufficient water projects.By reducing the volume of water demand,pressure supply too,and efficiency can help to preserve and protect on infrastructure—pipes,sewers,drinking water treatment precious water resources. facilities and wastewater treatment facilities—is reduced. Equipment wear and tear is also reduced where individual Saving water also saves energy,which in turn saves money wells are used.Lowering water demand helps a community and reduces greenhouse gas emissions. Nationwide, water be better prepared for a draught or emergency.Finally,effi- supply and treatment facilities use 56 billion kWh of ciency helps to allow growth electricity per year, which is and extend water supply over enough to power 5 million many more years.In areas that Communities across the country homes during that yearix. are groundwater-dependent, have successfully employed Electricity consumption could slowing the pace of consump- be reduced by 5 billion kWh if tion helps buy time to allow efficiency measures to improve just half of American homes water to recharge the aquifers, reliability of water supply, replaced older inefficient toi- making the water supply more save money and protect the lets, faucets and showerheads sustainable overall°". environment. with more efficient models". 2 The Case for Water Efficiency Standards AL O I 0 Communities should consider adopting performance stan- most commercial, institutional and industrial facilities) dards that require that certain fixtures in new, remodeled tends to consume water using the same kinds of water- -and possibly existing—development to meet a minimum using fixtures:toilets,urinals,faucets,showerheads,clothes level of water efficiency.This standard could easily apply to washers and dishwashers. This means that adopting a all development (including commercial, institutional and simple performance standard for those fixtures can achieve industrial development), but should at least apply to resi- huge water savings. dential development. Half of the homes that will exist in the U.S.in 2030 have not If McHenry County, Ill., adopted water efficiency standards been built yetxl, so establishing these standards as soon for toilets, faucets, showerheads and clothes washers, the as possible is important to the future sustainability of our water savings could be over a billion gallons of water per communities. year.At current rates of groundwater withdrawal,this sav- Indoor water uses comprise around 70%of total residential ings could support more than 42,000 additional households water use, but during the hot summer months, outdoor in the countyX". o water uses for landscaping can be 80% of the total water More than half of water supplied is used by residences. used. Because both indoor and outdoor uses of water are The average American uses 101 gallons of water per day significant, it is important that water efficiency standards — nearly three times the 36 gallons per day used by resi- include standards for both indoor and outdoor fixtures. dents of Brisbane,Australia,who share a similar standard of livingX"'. The good news is that nearly every residence (as well as 3 Efficiency Standards for Indoor Fixtures Many different organizations have adopted recommen- program similar to U.S.EP.Ns successful EnergyStar labeling dations or requirements for water efficient fixtures and program for home appliances. In most cases,the standard appliances:U.S.EPA through its WaterSense program;orga- is expressed as a"maximum flow rate"that the fixture must nizations that develop model plumbing and building codes not exceed. and standards, including the ICC, IAPMO and ASHRAE; the Where available, each fixture on the chart to the right National Home Builders' Association; and the Alliance for includes a "payback period.„ Saving water means saving Water Efficiency. Fortunately, these organizations have money on water. The payback period is the amount of time more or less come to a consensus about high-efficiency it takes for those savings (e.g. in the form of lower water standards that several common fixtures and appliances are bills) to add up to the cost premium of the efficient fixture able to attain. above a less-efficient fixture. In the parlance of water and For each of the standards discussed in this section,there are energy efficiency,the payback period is often referred to the many affordable options readily available on the market for amount of time it takes for the fixture or appliance to "pay consumers to choose. Many such fixtures carry the U.S.EPA for itself.” WaterSense label, which is a relatively new certification Residential Indoor Water Use • Clothes Washers 22% Faucets 16% 4 Residential Indoor Water Fixture Facts Indoor % Indoor Efficiency,'"M Payback on Notes Water Water • . • Efficient Model Fixture Use olet o 1.28 gallons/flush 1-3 years X"' fficient toilets vary widely in maximum price. Urinal 0.5 gallons/flush Immediate There is no cost difference maximum between efficient and inefficient models,and efficient models save 4,600 gallons of water annually. Showerhead 17% 2.0 gallons/minute 14 months-2 years Where multiple showerheads are desired,the total flow of the showerheads must not exceed the 2.0 gallon/minute standard. Faucet 16% 1.5 gallons/minute 10 months- 1 year (bathrooms) 2.2 gallons/minute (kitchen) Clothes 22% U.S.EPAs EnergyStar 3.5 years " The efficiency standard for Washer certification(50% clothes washers is the U.S.EPA's less water use than EnergyStar certification,which traditional models) also requires 37%less energy use than traditional models. Dishwasher U.S.EPA's EnergyStar 1.1 years The efficiency standard for certification dishwashers is the U.S.EPAs (5.8 gallons/cycle EnergyStar certification. maximum) Compared to hand-washing,an EnergyStar dishwasher saves 5,000 gallons of water,$40 in utility costs,and 230 hours of time annually. See the Endnotes of this publication for source information. The green column represents the information often used by county or municipal governments in building or plumbing codes.Seepage 7 of this documentfor more information. 5 Efficiency Standards for Landscape Irrigation U 0. m O a U .y m 1 o _ 0 r 0. Up to 50%of water used outdoors for landscaping is wast- 0 A requirement that outdoor landscape irrigation be edxix.This waste can be minimized by adopting several basic metered separately from indoor water uses to give efficiency standards for landscape development: consumers more useful information about water use • A limitation on the percentage of the developed land- and efficiency opportunities. scape area that can be turf. The CMAP Model Water 0 A requirement that developments establish a water Efficiency Ordinance recommends a limit of 25-35%; use budget using a formula keyed to landscape de- U.S.EPA WaterSense for homes sets a limit of 40%. sign. If water use exceeds the water budget by a cer- • A requirement that the remander of the developed tain factor,this can trigger an outdoor water efficien- landscape area be planted with native plants or cy audit to help find ways to improve the functioning plants that need little water. A list of locally-appro- of the irrigation system. priate plants that meet these standards can be found These efficiency standards ("change technology to do more in Appendix E of the CMAP Model Water Efficiency with less")can be used as a complement to the conservation Ordinance. standards ("change behavior to do less") common through- • A requirement that irrigation systems include mois- out the area that limit landscape irrigation to certain days of ture sensors and freeze gauges that shut water off the week when water supply is at a critical level. However, when the soil is saturated or when conditions are as a greater and greater percentage of households meet freezing. high water efficiency standards,the conservation measures may be necessary less often. • A prohibition on irrigation systems that waste water by overspraying onto impervious surfaces (e.g.,side- walks,driveways and roads). 6 How Water Efficiency Standards Can Be Adopted There are two major ways to adopt water efficiency stan- federal Energy Policy Act became effective), requiring up- dards into a local code,and a county or municipality might dates to old water-wasting fixtures is "low-hanging fruit," well choose both approaches. offering big water savings at minimal cost. The first approach is to adopt a stand-alone water efficiency For example, older models of toilets used upwards of 3.5 code.To help cities,towns and counties implement the rec- gallons of water per flush. Because toilets last a long time, ommendations of the Water 2050:Northeast Illinois Region- old toilets can waste 4,799 gallons of water per person per al Water Supply Plan,the Chicago Metropolitan Agency for year for years on end if retrofits are not required.A local- Planning(CMAP)has developed a Model Water Use Conser- ity can choose to adopt one of three triggers for retrofits: vation Ordinance.The mod- on resale of the property, el ordinance includes many on purchase of the prop- of the efficiency standards Because toilets last a long time, erty or on reconnection to discussed in this report, as old toilets can waste 4,799 gallons a water utility. The CMAP well as several other provi- of water per person per year for Model Water Conservation sions that complement the Ordinance includes model efficiency standards. Mun- ,/ea1 S On end if retrofits are not language and an explana- cipalities and counties are required. tion and examples of how invited to review the model each of these triggers can ordinance and adopt the or- be used. dinance as a whole or adopt A number of cities have adopted the fixture efficiency stan- and adapt the sections to best suit local needs. dards discussed in this report.For example: The second option is to amend the local (county or munici- New York City amended its plumbing code in 2010 pal)building or plumbing code to include a section on maxi- to update maximum flow rate efficiency standards mum flow standards for plumbing fixtures.This is often as for faucets, showerheads, urinals and toilets-. The simple as adding a table like the green column seen on page New York City ordinance requires the U.S. EPA,s Wa- s of this report.All major code development agencies (IAP- terSense label for these fixtures and bans the sale of MO, ICC and ASCME) have some form of"green" code lan- plumbing fixtures that don't achieve ordinance stan- guage available that can simply be "plugged into" the gen- dards. eral plumbing or building code without creating conflicts or confusion in the code language.These amendments may be Washington, D.C., has amended its plumbing code desirable in tandem with a stand-alone ordinance option to to include maximum flow rates for faucets, shower- help streamline ordinance compliance.The disadvantage of heads,urinals and toilets". the building/plumbing code amendment approach is that a 0 Rockville, Md., also amended its code to adopt effi- separate ordinance would be needed to establish outdoor ciency standards for faucets, showerheads and toi- water use efficiency standards. lets'". One ordinance provision to consider is whether the county The efficiency standards adopted by all of these cities are or municipality will require existing development to retrofit the same standards recommended in this report. to efficiency standards.In communities where a significant portion of the housing stock was built prior to 1993 (when the first minimum efficiency standards established by the 7 Complementary Ideas to Curb Water Demand s U k k U O - h O O This report provides a simple, common sense approach to investments to ensure a safe and clean water supply achieve significant water and cost savings, but there are in the future. countless ways to save water that complement these core Encourage use of alternative water sources like standards.For example,a community could: greywater (from bathroom sinks, tubs and washing • Adopt efficiency standards for a wider range of water machines) or collected rainwater for landscape uses — for example, maximum flow rates for com- irrigation and other uses that don't require drinking- mercial dishwashers and sprayers,requirements that quality water. The first step in encouraging use of pools have covers to minimize evaporation and that these alternate sources is to review existing state and landscape water features recirculate water. local codes to remove any roadblocks that disallow • Require or encourage new homes to be certified as the use of greywater or rainwater. WaterSense homes. The U.S. EPA WaterSense stan- Finally, a well-designed water use education cam- dards for whole-house certification go above and paign can help the public understand and embrace beyond the standards identified in this report,saving the water efficiency standards recommended in this 10,000 gallons per year. report. An education campaign may take the tradi- • Explore incentives to help achieve a high percentage tional form of presentations, tabling and brochures, of old-fixture retrofits.When compared to the cost of but can also include a transition to "smart" water finding and developing new water supply, programs bills that show individual water use in a meaningful that offer incentives such as $150 rebates for 1.28 way"""'and/or offering free water efficiency audits to gallon/flush toilets, giveaways of low-flow faucet help identify more opportunities for residents to save aerators and low-flow showerheads and/or direct water and save money installation programs might seem like sensible public 8 Resources ALLIANCE FOR WATER EFFICIENCY www.allianceforwaterefficiency.org. AMERICAN RIVER$HIDDEN RESERVOIR;WHY WATER EFFICIENCY IS THE BEST SOLUTION FOR THE SOUTHEAST(2008):www.amerlcanrivers.org/library/ reports-publications/hidden-reservoirhtml. HANDBOOK OF WATER USE AND CONSERVATION(Amy Vickers)www.waterplowpress.com. CHICAGO METROPOLITAN AGENCY FOR PLANNING,MODEL WATER USE CONSERVATION ORDINANCE(March 2010): www..cmap.11linois.gov/regional-water- supply-planning. INTERNATIONAL CODE COUNCIL, INC., INTERNATIONAL GREEN CONSTRUCTION CODE PUBLIC VERSION 2.0, Water Efficiency Provisions (Nov. 2010): http://98.129.193.74/IGCC-PV2_Water Efficiency_Provisions.pdf. INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS,GREEN PLUMBING AND MECHANICAL CODE SUPPLEMENT(2010):www.iapmo.org/ Pages/IAPM0 Green.aspx. AMERICAN SOCIETY OF HEATING,REFRIGERATING AND AIR-CONDITIONING ENGINEERS,INC.,Standard 189.1 (`Standard for the Design of High-Performance Green Buildings')(2009):wwwashrae.org/publications/page/927. Endnotes 'American Rivers,Hidden Reservoir:Why Water Efficiency is the Best Solution for the Southeast 7(2008):www american- rivers.org/library/reports-publications/hidden-reservoir.htm 1. Hidden Reservoir,Id.at 7. Hidden Reservoir at 17. iv Hidden Reservoir at 11. v Presentation by Al Dietemann,Seattle Public Utilities,October 18,2007. Vi Hidden Reservoir at 12. Vii See ELPC's previous reports in this series,available at www.elpc.org/publications. viii Water 2050:Northeast Illinois Regional Water Supply Plan, 90(Jan.2010):www cmap.illinois.gov/regional-water-supply- planning. 'X Hidden Reservoir at 12. X Id. X'Calculated based on savings identified in the CMAP Model Water Efficiency Ordinance and assuming a 40%saturation rate of the 2009 U.S. Census estimates of the number of households in McHenry County. X"Calculated by dividing calculated water savings by 23,962 gallons(65%of the U.S.household average consumption(re- flecting a 35%reduction in water consumption)). X"'Hidden Reservoir at 11. X'v Professor Arthur C.Nelson Report for Brookings Institute,(2004):www.citymayors.com/developmentlbuilt environment usa.html. Multiple organizations have recommended each efficiency standard discussed here. The EPA WaterSense certification re- quirements for homes includes all of these standards and more. For more information,including relation to various plumb- ing and building codes,the Alliance for Water Efficiency has developed a helpful table comparing the various recommenda- tions/requirements to one another,available at www.a4we.org/WorkArea/linkit.aspx?Linkldentifier=id&ItemID=5208. "'Appliance and fixture water use estimates are taken from CMAP Model Water Conservation Ordinance:www.cmap.illinois. gov/regional-water-supply-planning. ""Payback periods for toilets,urinals,showerheads and faucets are found on the EPA WaterSense website,www.epa.gov/ WaterSens% ""'Payback periods for clothes washers and dishwashers are found on the EPA Energy Star website,www.energystar.gov. Xix Hidden Reservoir at 18. New York City Plumbing Code Table§604.4. DC-DCMR 12F Plumbing Code Table 604.4. Rockville,Maryland City Code Table P2903.2. A good example of a "smart water bill"is included as Appendix F to the CMAP Model Water Conservation Ordinance. 9 Environmental Law Ft Policy Center The Environmental Law& Policy Center is the Midwest's leading public interest environmental legal advocacy and eco- business innovation organization.We develop and lead successful strategic advocacy campaigns to improve environmental quality and protect our natural resources.We are public interest environmental entrepreneurs who engage in creative business dealmaking with diverse interests to put into practice our belief that environmental progress and economic development can be achieved together.ELPC's multidisciplinary staff of talented and experienced public interest attorneys,environmental business specialists,public policy advocates and communications specialists brings a strong and effective combination of skills to solve environmental problems. ELPC's vision embraces both smart,persuasive advocacy and sustainable development principles to win the most important environmental cases and create positive solutions to protect the environment. ELPC's teamwork approach uses legal, economic and public policy analysis,and communications advocacy tools to produce successes.ELPC's strategic advocacy and business dealmaking involves proposing solutions when we oppose threats to the Midwest environment.We say"yes" to better solutions;we don't just say"no." ELPC was founded in 1993 and has achieved a strong track record of successes on national and regional clean energy development and pollution reduction,transportation and land use reform,and natural resources protection issues.ELPC's creative public advocacy effectively links environmental progress and economic development together and improves the quality of life in our Midwestern communities. It ENVIRONMENTAL LAW & POLICY CENTER 35 East Wacker Drive,Suite 1600 Chicago,Illinois 60601 ELPC.org 1 (312) 673-6500 1 elpcinfo @elpc.org In facebook.com/ELPCenter I twitter.com/ELPCenter With Regional Offices in Iowa,Minnesota,North Dakota,Ohio,South Dakota,Washington,D.C.,and Wisconsin Printed on recycled paper �� r LAND USE TOOLS TO PROTECT GROUNDWATER: OVERLAY DISTRICTS !t ENVIRONMENTAL LAW& POLICY CENTER 7p p. _ 1 The Environmental Law Et Policy Center would like to thank the Gaylord and Dorothy Donnelley Foundation for its generous support of this series of reports focused on land use tools to protect groundwater. it ENVIRONMENTAL LAW& POLICY CENTER Protecting the Midwest's Environment and Natural Heritage ELPC.org Protecting Clean Water and Natural Places in the Midwest Whether it comes from our lakes, rivers and streams or from underground aquifers, water provides the pulse for the Midwest's environment, economy and public health. ELPC works to improve overall water quality and to protect our drinking water supplies from pollution by industrial, agricultural and municipal sources. ELPC advocates nationally for numeric control standards for nitrogen and phosphorus and assists in securing improvements to water pollution permits. We have led the charge for the development and defense of antidegradation rules and worked to develop programs to control non-point pollution through legal and factual research regarding existing and potential state and federal programs. Important:The information contained in this document is for general guidance only,and with the understanding that ELPC is not providing any specific legal,accounting,tax, or other professional advice. Readers should seek specific legal,accounting,tax or other professional advice from competent professionals prior to taking any action with respect to the matters discussed in this document. ©April 2011.All rights reserved.Full reproduction permitted.This report is available at ELPC.org.ELPC requests acknowledgment,in print,on any information or excerpts reproduced in another publication. Land Use Tools to Protect Groundwater: Overlay Districts Safe, clean drinking water is essential for our health and surface, the more water is blocked from recharging our businesses. Protecting groundwater supply is always the aquifer. a prudent thing to do, but in areas like McHenry County, Areas with more permeable soils (or "recharge areas") Illinois, where groundwater is the only source of drinking are also potential pathways to chemical or biological water for residents and businesses,local governments must contamination of the water supply. Some types of land safeguard that water supply to protect the health,safety and use—for example, those that have the potential to spill welfare of residents and businesses now and in the future. hazardous chemicals—are simply not appropriate to locate Our communities simply cannot grow without a reliable in areas with permeable soils because of the high risk of water supply. contaminating the drinking water for the entire community. Water shortages are a dramatic and frightening prospect for Other types of land use require extra precautions if located groundwater-dependent areas, even if they won't happen in recharge areas—these might include septic systems,golf immediately. Fortunately, shortages can be avoided with courses, fertilizer or pesticide storage, automobile repair appropriate planning. Conserving an existing water supply garages and certain types of manufacturing. is always a more economical,responsible and fast approach Conserving the water supply and quality of life for ourselves than developing new water sources. and our children means making smart choices today. Although the connection may not be immediately obvious, While individual residents' responsibility for protecting the quality and quantity of water below the ground is groundwater is certainly important,education alone simply directly affected by what is built on top of the ground. is not enough to reliably protect a resource thatwe rely on for Groundwater aquifers need to be recharged to replenish survival. Because important recharge areas are distributed the water that we take from them—like your bank account, unevenly throughout the landscape, the necessary role for aquifers will dry up if you withdraw money every day and local government leaders is to enact thoughtful, strong, don't deposit enough money back in. We can make those and enforceable policies that ensure that the decisions of "deposits" by allowing water to soak into the ground, today don't seal an unpleasant and expensive fate for the where it makes its way slowly down to the aquifer—this is next generation. known as groundwater recharge. But because soils vary in Counties and municipalities can use a zoning tool called an consistency from place to place,some areas offer better and ,overlay district" to protect groundwater recharge areas faster recharge,while some areas do very little to recharge which are critical to the quantity and quality of available water supply. drinking water. Many communities throughout the country When development occurs on permeable, high recharge- have adopted overlay districts for the purpose of protecting potential soils, the impervious surfaces (like buildings aquifers for drinking water. This paper offers detailed and parking lots) seal off that area's ability to recharge the recommendations on how best to construct a groundwater groundwater aquifer—in other words less water can be protection overlay district, based on examples that have "deposited" into the water supply. The more impervious been successfully used elsewhere. 1 What is an Overlay District? OVERLAY DISTRICT MAP GROUNDWATER PROTECTION \ OVERLAY DISTRICT i RESIDENTIAL - - - ZONING MAP INDUSTRIAL BASEMAP _- - - WATER TABLE SENSITIVE AQUIFER RECHARGE AREA 1 Diagram Showing Overlay Zoning In Relation to Base Zoning and Groundwater Protection Area An overlay district is a type of zoning district that is There are three questions that need to be answered by superimposed over the underlying"base"zoning districts in an overlay district ordinance: order to protect a particular resource or guide development within a special area.The overlay district can be any shape What is the purpose of the overlay district? or size that is rational to its purpose,and it essentially adds . What areas will be governed by the overlay district? a layer of safeguards,standards or incentives that may not • What special requirements apply within have been considered for the base zoning uses. The base the overlay district? zoning requirements still apply, but the overlay district standards trump in cases where the base and overlay Page 3 provides recommended language to help answer the requirements conflict. first question, defining the purpose of an overlay district. The authority to create an overlay district derives from the The second question of where the overlay district should be authority to create zoning districts to protect health,safety located is addressed on Page 4. The balance of this paper and welfare generally, and the costs and procedures for will discuss recommendations for the third question—what adopting the ordinance are the same as for any other zoning special requirements should apply in a district—including changes.'An overlay district is adopted by ordinance, like performance standards and appropriate uses that help to any other zoning standards.Administration of a new overlay protect the quantity and quality of groundwater. district may require some additional training but should A well-written overlay district ordinance will help to require little to no additional staff time.' Enforcement protect drinking water supplies and will be relatively of the ordinance requirements should take place under simple to administer and comply with. We encourage all the enforcement procedures of the existing ordinance, groundwater-dependent counties and municipalities to although care should be taken to ensure that the county or adopt groundwater protection overlay districts and hope municipality has inspection authority to discover violations that this paper will provide tools to make it easier to create (for example,authority to enter property when a hazardous an effective ordinance. waste spill is suspected). 2 Recommended Findings and Purpose of Groundwater Protection Overlay District Ordinance The County/Municipality of finds that: • The County/Town/Village relies solely/primarily upon groundwater to supply clean,safe drinking water to residents and businesses through both public water supply and individual private wells; • A sufficient supply of clean water is necessary to maintain and grow the economy and preserve property values; • Many natural features that are valued within the County/Municipality (e.g. fens, wetlands, parks, streams) would be harmed by decreasing groundwater levels; • Developing an alternative water supply in response to the threat of water shortage is impractical and cost-prohibitive; • Groundwater aquifers are recharged by precipitation that is allowed to soak into the land surface directly; • [Name of map]reflects the best current knowledge of the location of permeable soils that are critical to aquifer recharge; • Development that increases imperviousness in areas critical to aquifer recharge impairs recharge potential and threatens the ability of the aquifer(s)to meet the demand for water; • Certain land uses in aquifer recharge areas increase the likelihood that petroleum products, sewage or other toxic and hazardous materials could contaminate groundwater, creating a public health and safety hazard and threatening economic losses to the affected communities; • Certain land uses in aquifer recharge areas have the potential to increase the level of nitrate-nitrogen in groundwater, which when ingested can cause methemoglobinemia (blue baby syndrome) in very young infants and has been linked to cancer when consumed in excessive amounts; • Certain land uses in aquifer recharge areas have the potential to increase the concentration of chloride in areas already showing elevated levels of chloride when compared to federal drinking water quality guidelines. y� 4 l The purpose of the Groundwater Protection Overlay District is to protect,preserve and maintain groundwater recharge areas and a safe,clean groundwater supply for the health,safety and welfare of residents and businesses. A safe groundwater supply is necessary to provide for future growth and development consistent with the County/Municipal comprehensive plan. It is the intent to accomplish this goal through both public education and appropriate land use regulation in areas important to groundwater recharge. 3 Where Should a Groundwater Protection Overlay District Apply? A groundwater protection overlay district should encompass nonconforming use can be maintained or repaired(but not the land area where soils are most likely to promote expanded) unless the zoning authority determines that the aquifer recharge, for instance where sand or gravel soils use presents a potential hazard to water quality or to public create a direct pathway to an aquifer beneath the surface. health and safety.Nonconforming uses can be phased out if These areas should be identified by a qualified hydrologist they are abandoned(for example,for a period of 12 months) or a geologist or engineer experienced in hydrogeology. or perhaps by stating that the use cannot continue beyond a The United States Geological Survey and state water given time(for example,the expiration of certain permits). surveys can be good resources to help delineate aquifer recharge areas.Developing a map is likely to be an iterative r „ process—the overlay district may be initially drawn based "° ^` s on existing scientific information but can be updated over a°.° time as technology and the state of knowledge improve. ,o > e b tl Many areas have adopted a tiered approach to defining ___ groundwater overlay district boundaries—where, for instance,Tier 1 represents a High Potential for Aquifers Recharge/Contamination and Tier 2 represents Moderately o H A R b L' N D High Potential for Aquifer Recharge/Contamination. a 8 s »' °E .N ,= a°A° Some municipalities have also identified special areas of protection around wellheads (usually the distance from the "� w public water supply well to between 200 and 1000 feet in radius) and incorporated specific land use regulations that i apply to those high-risk areas. The overlay district ordinance should establish that if the _"`` district boundary is in dispute as to a particular parcel, ` n s the burden of proof to demonstrate the proper placement •""` KIS 3 I of the boundary lies with the challenging landowner. o At the option of the landowner (and at the landowner's 7 _ z expense), the zoning authority or landowner can hire - - ° g a professional geologist, hydrogeologist or engineer ,d ,e trained and experienced in hydrogeology to resolve the s a „ disputed boundary. A For parcels that lie on the border of overlay district boundaries, an approach used in several ordinances is to require potential pollution sources (including, but not s o limited to, onsite waste disposal systems) to be located outside and downgradient of the overlay boundary to the extent feasible. ° M 31 a The ordinance requirements should be triggered by new construction, reconstruction, or expansion of existing is N I o v s buildings and new or expanded uses within the overlay 9 district. Existing nonconforming uses can be continued or phased out, but careful attention should be paid i a°°A° ° to whether the nonconforming use has a potential to Example of sensitive aquifer recharge area map,McHenry County,IL.Photo contaminate groundwater.One approach is to state that the modified from McHenry County GIS Department. 4 What Performance Standards Should be Required of Development in the Groundwater Protection Overlay District? Performance standards can help to protect groundwater by ensuring that uses minimize the risk that development in recharge areas poses to groundwater supply.These can be basic conditions that must be met or best management practices that are proven to reduce contamination or promote recharge of clean water into the aquifer. Performance standards can apply to all development within the overlay district,but should at least apply to conditional uses within the district, as described in the next section. The performance standards below do not constitute an exhaustive list of potential groundwater protection performance standards, but represent examples that have been used elsewhere. Counties and municipalities should also consider adopting performance standards that are customized to particular local contamination threats and development pressures. Performance Standards to Performance Standards to Protect Recharge Potential Prevent Contamination • GROUNDWATER RECHARGE PERFORMANCE • GENERAL PROHIBITION ON DISCHARGES: A provision STANDARDS:A good groundwater recharge performance that generally disallows pollution that could contaminate standard will generally either specify a minimum groundwater helps to ensure that the zoning authority percentage of predevelopment recharge be maintained can address proposed threats to groundwater. after the project is completed or limit the percentage of This performance standard could be modeled after the impervious surface area that a development can establish one adopted in the Salt Lake City,Utah Zoning Ordinance: on a parcel of land.A subsequent paper will discuss the "No person shall discharge, or permit the discharge of, details of this important performance standard. any regulated substance,hazardous waste or petroleum • BEST MANAGEMENT PRACTICES TO PROMOTE product, whether treated or untreated, to soils, air, RECHARGE: Certain landscape features help to retain groundwater, or surface water in any recharge area or precipitation onsite, allowing it to soak into the ground protection zone,that may have a deleterious effect upon and recharge the aquifer.A performance standard could the groundwater in the City, unless the discharge is in require such best management practices as are feasible compliance with federal,state,and local regulations."' onsite including grassed swales, infiltration basins or trenches,a roof downspout system,or rain gardens. • NATIVE PLANT LANDSCAPING: A performance standard can require landscaping with a minimum percentage of native plants. Native plants not only require less F t irrigation, but in prairie ecosystems, their long roots help to maximize soil permeability and aid in groundwater recharge. ' • CONSERVATION DESIGN REQUIREMENTS: Subdivisions — _ that use conservation design principles preserve more open space—and therefore,more groundwater recharge r area—than traditional subdivisions.A subsequent paper will discuss the benefits of requiring new subdivisions within the overlay district to adhere to conservation -...'. . design requirements. 5 f. ki. �1 Y' • WATER QUALITY PERFORMANCE STANDARD: One of the The most common class of groundwater protection most important reasons to review developments within a performance standards are those related to hazardous groundwater protection overlay district is to ensure that and toxic materials. These requirements take many the development will not contaminate the water supply forms that can be used in concert with one another. One and render it unsuitable for drinking. Northborough, type requires that particular demonstrations be made Massachusetts requires developments within its overlay prior to development approval,including: district to demonstrate and certify that water that is • Adherence to applicable federal and state standards soaked into the ground will not violate established for storage,handling and disposal of any drinkingwater quality standards.'Performance standards hazardous waste materials; can also be tailored to a particular pollutant of concern, • Adoption of an adequate contingency plan(including such as nitrate.' protection in the event of a 100-year flood); • Availability of disposal for hazardous materials;and • PERFORMANCE STANDARDS ADDRESSING PHYSICAL Adoption of an acceptable transportation route plan PATHWAYS: Certain features on a development site for suppliers and haulers. can provide potential conduits for contaminants into A second type of hazardous materials performance groundwater unless properly addressed. Performance standard relates to the precautions that must be taken to standards should: ensure safe storage of such materials,including: • Require that abandoned wells be plugged according • Requiring secure storage areas for hazardous to applicable regulations; materials; • Prohibit dry wells unless they are preceded by oil, grease and sediment treatment;and Prohibiting outside storage of hazardous materials;and • Prohibit floor drains that discharge into the ground. Requiring adequate storage containers(specifying, for example,double walls and inspectable sumps • HAZARDOUS MATERIALS PERFORMANCE STANDARDS: for any underground storage tanks or pipelines and - 6 above-ground,elevated tanks for petroleum • Requiring that each contractor familiarize him or product storage. herself with dangers posed by hazardous materials The third type of performance standards require that onsite and procedures for clean up in the event of a certain safeguards be implemented to contain hazardous spill;and materials in the event of a spill,including: • Requiring that all unused hazardous material or waste and containment systems be removed • Requiring an easily inspectable secondary and properly disposed of upon completion containment system; of construction. • Requiring contained drainage facilities in areas of • BEST MANAGEMENT PRACTICES FOR ROAD DE-ICING: potential spillage or release;and When road salt dissolves and contaminates groundwater, • Requiring a closed vapor recovery system. that groundwater can't be treated to remove the salt. The final category of hazardous materials standards Prevention is the only solution, which can be aided consists of those intended to give local authorities the through conditions such as those that: best information with which to manage threats to water . Require that road salt be covered and stored on an supply,by: impermeable pad; • Requiring registration of potential pollution sources; • Require that alternatives to salt spreading be • Requiring groundwater monitoring wells; considered;and • Requiring daily inspections for leaks or breaks;and • Require that road de-icing materials be applied • Requiring that all spill incidents involving liquid or according to identified best management practices. chemical material be reported immediately. • PERFORMANCE STANDARDS FOR SEPTIC SYSTEMS: Septic systems can pose a contamination danger in groundwater recharge areas. To the extent that septic systems are allowed in these sensitive areas, these performance standards should be required to help limit the pollution potential: ' • Requiring that septic systems be inspected and maintained; • Prohibiting the use of septic system cleaners that contain toxic chemicals;and • Limiting onsite disposal to 110 gallons per day per 10,000 sq.ft of lot area. • BEST MANAGEMENT PRACTICES FOR CONSTRUCTION: Hazardous materials maybe used duringthe construction of a site even if the end use does not involve use or storage of hazardous materials.Some protection against these temporary risks can be achieved by requiring that contractors, subcontractors, laborers, and their employees use applicable Best Management Practices during construction,including: • Evaluating each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any hazardous material or waste; • Requiring appropriate storage for any hazardous materials or waste stored on the construction site (e.g.an impervious containment system below any storage container greater than 25 gallons or 440 pounds); 7 What Land Uses Can be Developed in a Groundwater Protection Overlay District? Like any zoning district,an overlay district specifies uses that are allowed,those that are prohibited,and perhaps special uses that can be allowed after careful evaluation and under certain conditions. In the context of an overlay district that has the purpose of groundwater protection, allowed uses should be uses that pose little or no threat of contamination or reduced aquifer recharge, prohibited uses should be those that pose an unacceptable threat of contamination of groundwater, and special uses (also called conditional uses) are those that warrant review of the development's impact on groundwater and that may be required to meet certain performance standards or conditions to minimize the threat to groundwater to an acceptable level. The zoning authority should review the list of prohibited uses on a regular basis to ensure that prohibited uses and required performance standards are consistent with current knowledge.A county or municipality would do well to adopt a provision similar to that in the Village of Weston, Wisconsin,where the zoning authority cannot remove a prohibited use "without being sure beyond a reasonable doubt that the action will not materially violate the intent of this district, resulting in exposure of the public water supply to pollution:'6 Allowed Uses Certain land uses pose a low risk of groundwater contamination and do not create large areas of impervious surfaces that could inhibit groundwater recharge.Such uses should only be allowed to the extent the underlying zoning permits. The uses listed below are allowed uses borrowed from protective groundwater protection overlay district ordinances that have been adopted in other areas of the country: List of allowed uses • Single or two-family homes on lots one acre or greater, provided that septic system or wastewater discharge " J does not occur within overlay district; • Commercial development limited to retail shopping, business or professional office uses if groundwater recharge performance standards are met and the ► �` use does not involve the storage or use of toxic or hazardous materials in quantities greater than normal /. household use; • Parks, greenways, or publicly-owned recreational areas r such as foot, bicycle and/or horse paths, playgrounds, ~ ' picnic areas, ball fields, tennis courts, beaches, a4 or boat landings; Of • Conservation activities or conservation areas for soil, water,plants or wildlife; • Agriculture;'and • Necessary public drinking water supply related facilities, • Maintenance or repair of any existing structure,provided including the construction, maintenance, repair, and there is no increase in impermeable surface above the enlargement of source, treatment, storage, pumping, performance standards. or distribution facilities; 8 Special Uses • Agricultural uses with best management practices;lo In an area important to water supply protection, it is ' Sand and gravel excavation,provided that such excavation wise to classify most projects as "special uses"—Durham, does not take place within six vertical feet of the seasonal New Hampshire in fact requires all development in its high water table; overlay district to obtain such a permit.A special use permit • Indoor or covered storage of road salt or deicing chemicals; review process affords the ability to collect information, . Golf courses; carefully review the impact of the proposed development on groundwater, and impose restrictions or conditions ' Cemeteries; on the project as necessary to protect the community's • Gas station,automobile repair or car wash,provided that water supply.' stormwater and wastewater is directed to a public sewer To ensure that compliance and administration of special system outside the groundwater protection area; use permits proceeds smoothly, the ordinance should • Light manufacturing; define clear standards for when a permit can be issued. . Uses that involve the storage or use of toxic or The Town of Grafton, Massachusetts requires its zoning hazardous materials in quantities greater than normal permit authority to determine 1) that groundwater household use, provided that use or storage of toxic or quality will not fall below federal or state drinking water hazardous materials is not the primary purpose of the standards and 2)that the development meets all applicable operation;and performance standards.' • Other uses allowed by underlying zoning, but not The following uses have been adopted as special or otherwise prohibited by this overlay district ordinance, conditional uses elsewhere and should be considered for provided the use complies with all applicable performance inclusion in a groundwater protection overlay district. standards and will provide no threat to groundwater. Some uses may be more appropriately prohibited outright, but where that is not possible(or where the use is prohibited in one tier of the overlay but tolerable in a lower-risk tier) Prohibited Uses a special use with appropriate conditions attached is the The following uses have been identified by other local next best option. governments and geologic surveys as those that use, store List of special uses or produce substances that could contaminate groundwater and threaten the health of those who drink it. As the • Residential uses not otherwise prohibited; Village of Weston, Wisconsin recognizes in its ordinance, • Commercial uses including retail shopping, business or "This method of regulation by complete prohibition professional office uses not otherwise prohibited; is employed to provide the greatest assurance • Lodging facilities, including hotels, motels, bed that inadvertent discharge of pollutants into & breakfasts, boarding houses, motor courts or the groundwater supply will not occur, since campgrounds,provided that sanitary wastes are directed groundwater cleanup is often prohibitively expensive, to a public sewer system outside the groundwater and liability for such cleanup is often hard or impossible protection area; to establish.." 1' • Hospitals, clinics, nursing and convalescent homes, long In a tiered groundwater protection overlay district, these term care facilities and veterinary clinics, provided that uses should definitely be prohibited in the most sensitive wastewater is directed to a public sewer system outside areas, and prohibited to the greatest extent possible in the groundwater protection area; other high risk areas. The need to actually prohibit these uses is even greater in areas where groundwater is the • Laundromats and dry cleaners (without chemicals only source of drinking water for residents and businesses. onsite),provided that wastewater is directed to a public Contaminating an aquifer can eliminate it as a water source sewer system outside the groundwater protection area; 9 altogether,which has the same practical effect as the aquifer protection area; running out of water. • Mining,including gravel and sand mining; List of prohibited uses • Scrap or salvage yards; • Any use that involves the storage, manufacturing, . Automobile or truck fuel sales, service stations or car use,treatment,disposal,or burning of toxic or hazardous washes; materials in quantities greater than normal household use; • Motor vehicle,airplane,boat or train service, repair and painting operations,including auto body shops; • Any use that involves the storage, transport or sale of Airports,boat,truck,and bus terminals or stations; petroleum or other refined petroleum products, except normal household heating use; • Funeral homes, photo developers, dry cleaners or • Underground storage tanks; laundromats with wastewater not directed to a public sewer; • Toxic chemical or oil pipelines; • Cemeteries; • Disposal of solid, liquid or leachable waste either by dumping, stockpiling, landfilling or through injection ' Exterminating supply,storage or application shops; wells that dispose waste into the ground; • Storage of road salt or deicing chemicals in quantities • Heavy or light manufacturing or industrial uses greater than normal residential use; involving hazardous materials in quantities greater than • Disposal of snow and street sweepings collected from normally associated with household use, including but outside the overlay district; not limited to: manufacturers of chemicals, pesticides, . Golf courses; herbicides, fertilizers, paper products, paint products, leather products, textiles, rubber, plastics, asphalt, Confined animal feeding operations;"and fiberglass, silicone, glass, pharmaceuticals, electrical or Animal manure storage areas." electronic equipment, paving, roofing, or construction materials that use petroleum based coating and preserving materials;machine shops,metal plating,heat s }. treating, smelting, annealing and descaling facilities; " commercial printers; foundries; wood preserving or treating facilities; processing, cooking, distillation or - incineration of animal or vegetable product such as distilleries, breweries, slaughterhouses, fat rendering _ or soap manufacturing; and biological, biomedical, l ~� biotechnological and bacteriological operations such as laboratories or experimental facilities; • New or expanded municipal, industrial or commercial ; wastewater treatment plants and any package sewage treatment plants; • Septic & system wastes and municipal sewage sludge disposal sites; • New residential subdivisions, with a density of greater than one (1) unit per acre, that do not provide fora rr� central sanitary sewer facility and wastewater treatment ;�:»�, ; . i ,. , +►�¢ M, ,ry plant which discharge outside the groundwater 10 How Will the Requirements of a Groundwater Protection Overlay District be Implemented? The first line of defense in a groundwater protection overlay district is more careful evaluation of proposed developments to identify potential threats.This additional review can be incorporated into existing site review or subdivision review to ensure that the process is as efficient as possible.For smaller developments for which site review is not ordinarily required, a streamlined site review process can be developed.An optional pre-application conference can also help to identify and address potential problems at the early stages of planning and design. Development plan review is only as good as the information it is based upon,so it is important that the ordinance clearly lists the documentation that will be required to assess groundwater impacts.This documentation could include: • An inventory of aquifer recharge areas located within • A description of potentially toxic or hazardous wastes to 100 feet of the site or the property boundaries; be generated,indicating storage and disposal methods; • A recharge management plan showing how the site will • An analysis by a technically-qualified expert certifying achieve groundwater recharge performance standards; that the quality and supply of the underlying groundwater • A complete list of all chemicals, pesticides, fuels and resources will not be degraded to the point where a other potentially toxic or hazardous materials to be used hazard to public health or ecological damage results. or stored on the premises in quantities greater than those associated with normal household use; Finally,the ordinance must establish a clear standard under which the zoning authority may permit or deny the proposed use.This standard should address both recharge capacity and contamination concerns,and should leave as little as possible to subjectivity.For example,the proposed project may be permitted if the board finds that"the use will not adversely affect groundwater quality or reduce existing recharge capacity beyond that allowed by this ordinance."All recommendations of the reviewing board should be made conditions of the permit.If the standard for approval cannot be met with the adoption of performance standards and Best Management Practices (BMPs),the permit must be denied. 11 Conclusion Enacting a strong groundwater protection overlay district minimum groundwater recharge for a development site and is a critical action that we encourage each county and requiring conservation design for residential subdivisions. municipality to develop in areas that depend largely or Minimum groundwater recharge standards and required exclusively on groundwater for drinking water supply conservation design will both be discussed in subsequent The overlay district is a versatile tool,but it is essential that reports in this series, as will the potential for generally- such a district contain adequate safeguards as recommended applicable water efficiency performance standards for new in this report,including performance standards establishing residential development. .70 Ob t A 12 Resources CAPE COD COMMISSION, Barnstable County,Massachusetts,Model Aquifer Protection Bylaw,available at http:// www.capecodcommission.org/bylaws/wateroverlay.html. CENTER FOR LAND USE EDUCATION, "Planning Implementation Tools: Overlay Zoning,"available at ftp:// ftp.wi.gov/DOA/public/comprehensiveplans/ImplementationToolkit/Documents/OverlayZoning.pdf. HERNANDO COUNTY, Florida Groundwater Protection and Siting Ordinance,No.94-8,available at http://Iibrary4.municode.com:80/default-test/template.htm?view=browse&doc action=setdoc&doc_ keytype=tocid&doc_key=5df91254a8a70bd70416aa65a4d4879b&infobase=10731. SALT LAKE CITY,Utah Groundwater Source Protection Ordinance,21A.34.060,available at http://www.sterlingcodifiers.com/codebook/index.php?book_id=672. TOWN OF GRAFTON,Massachusetts,Zoning By-Law,Section 7,available at http://www.town.grafton.ma.us/ Public_Documents/GraftonMA_Planning/Documents/ZBL/Grafton%20ZBL%2002-2010%20 Section 7.pdf. TOWN OF NORTHBOROUGH,Massachusetts,Zoning Bylaw,Section 7-07-010,available at http:// www.town.northborough.ma.us/Pages/NorthboroughMA_Engineering/ground.pdf. TOWN OF STRATHAM,New Hampshire,Zoning Ordinance,Section XII,available at http://www.nh.gov/oep/ resourcelibrary/referencelibrary/b/buildingsizelimits/documents/strathamzoningordinance2004.pdf. TOWN OF WOLFEBORO,New Hampshire,Planning and Zoning Ordinance,Article IV,available at http:// ecode360.com/ecode3-back/getSimple.jsp?custld=WO 1661&guid=10187044. » U.S. EPA GROUNDWATER PROTECTION OVERLAY DISTRICT EXAMPLE ORDINANCE,available at http:// www.epa.gov/owow/NPS/ordinance/mol7.htm#groundwater. VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION,Model Groundwater Protection Ordinance, available at http://www.anr.state.vt.us/DEC/watersup/swapp.htm. VILLAGE OF WESTON,WI Wellhead Protection District Ordinance,Sec.94.198,available at http:// www.westonwisconsin.org/media/Chapter_94_Final_ETZ_code_Adopted_Dec_17_2007.pdf. 1. See 55 ILCS 5/12001 et seq.and 65 ILCS 5/11-13-1 et.seq. authority should require that fertilizers,pesticides,manure and other 2. See,"Planning Implementation Tools:Overlay Zoning;'(Nov.2005), leachables are used according Best Management Practices that will available at www.uwsp.edu/cnr/landcenter. t ground and surface water quality 3. Salt Lake City,UT Zoning Ordinance 21A.34(3)(E)(2). 8. The authority to adopt special uses in Illinois is found at 55 ILCS 5/5- 12009.5(counties)and 65 ILCS 5/11-13-1.1(municipalities). 4. Northborough,MA Zoning Bylaw Section 7-07-010(D)(2)(b)[4]. 9. Town of Grafton,MA Zoning By-Law 7.4.D. 5. See Town of Durham,NH Zoning Ordinance 175-88(A)and Cape Cod 10.To the extent allowed bylaw. Commission Model Aquifer Protection Bylaw,09.1. 6. Village of Weston,WI Zoning Ordinance Sec.94.198(D). 11.Village of Weston,WI Zoning Ordinance Sec.94.198(A)(2). 7. The State of Illinois limits a county's ability to regulate agricultural 12.To the extent allowed by law. uses,55 ICLS 5/5-12001,but to the extent legally permissible,zoning 13.To the extent allowed by law. 13 e r t � E {. 11 � t Environmental Law & Policy Center The Environmental Law & Policy Center is the Midwest's leading public interest environmental legal advocacy and eco-business innovation organization. We develop and lead successful strategic advocacy campaigns to improve environmental quality and protect our natural resources. We are public interest environmental entrepreneurs who engage in creative business dealmaking with diverse interests to put into practice our belief that environmental progress and economic development can be achieved together. ELPC's multidisciplinary staff of talented and experienced public interest attorneys, environmental business specialists, public policy advocates and communications specialists brings a strong and effective combination of skills to solve environmental problems. ELPC's vision embraces both smart,persuasive advocacy and sustainable development principles to win the most important environmental cases and create positive solutions to protect the environment. ELPC's teamwork approach uses legal, economic,scientific and public policy analysis, and communications advocacy tools to produce successes. ELPC's strategic advocacy and business dealmaking involves proposing solutions when we oppose threats to the Midwest environment. We say "yes" to better solutions; we don't just say "no." ELPC was founded in 1993 and has achieved a strong track record of successes on national and regional clean energy development and pollution reduction, transportation and land use reform, and natural resources protection issues. ELPC's creative public advocacy effectively links environmental progress and economic development together and improves the quality of life in our Midwestern communities. HEADQUARTERS REGIONAL OFFICES 35 East Wacker Drive,Suite 1600 Columbus,Ohio Sioux Falls,South Dakota Chicago,Illinois 60601 Des Moines,Iowa Madison,Wisconsin Tel: 312-673-6500 Fax: 312-795-3730 Jamestown,North Dakota Washington,D.C. Web: ELPC.org Email: elpcinfo @elpc.org Minneapolis,Minnesota D Cll o Memorandum s EST. - _ leas To: Zoning Commission O L `` From: Lisa Pickering, Deputy Clerk 9 �� p Date: October 20, 2011 <LEC-� ,Z Subject: Zoning Commission Meeting Schedule for 2012 The Clerk's Office is in the process of publishing the City's master meeting list for 2012. Listed below is a tentative schedule for the Zoning Commission meetings for 2012. The proposed schedule has the Zoning Commission meeting the 4th Wednesday of each month at 7:00 p.m. Please discuss this schedule at the Zoning Commission meeting and decide if you have any changes to the dates or meeting time. Zoning Commission 4'h Wednesday — 7:00 pm January 25 July 25 February 22 August 22 March 28 September 26 April 25 October 24 May 23 November 28 June 27 December 26