Zoning Commission Packet 2011 02-23-11 United City of Yorkville
'`'` 800 Game Farm Road
EST. , _ 1836 Yorkville, Illinois 60560
.4 Telephone: 630-553-4350
a p� Fax: 630-553-7575
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AGENDA
ZONING COMMISSION MEETING
Wednesday, February 23, 2011
7:00 P.M.
Parks & Recreation Administration Office
201 W. Hydraulic
1. Welcome
2. Roll Call
3. Citizen's Comments
4. Approval of November 17, 2010 and January 26, 2011 meeting minutes
5. Old Business:
a) Continued Review and Commentary of Previously Revised Zoning Chapters
• Chapter 2: Rules and Definitions—pages 3 and 16
• Chapter 6: Permitted and Special Uses—pages 1 through 6
• Chapter 7: Dimensional and Bulk Regulations
• Chapter 8: Planned Unit Developments
6. Adj ournment
7. Next meeting date: March 23, 2011
ZONING COMMISION MEETING
Wednesday, November 17, 2010
7:00 p.m.
Parks & Recreation Administration Office
201 W Hydraulic Ave., Yorkville, IL 60560
Committee Members in Attendance:
Mike Crouch
Jeff Baker
Greg Millen
Gary Neyer
Phil Haugen
Peter Huinker
Al Green
City Officials in Attendance:
Krysti Barksdale-Noble, Community Development Director
Meeting Called to Order
Meeting was called to order at 7:04 p.m. A quorum was established.
Roll Call
Roll call was taken.
Previous Minutes
September 22, 2010: Motion to approve the minutes of the September 22, 2010 meeting
was made by Mr. Baker, seconded and approved by unanimous voice vote.
October 27, 2010: Motion to approve; asked for corrections. The date of the previous
meeting was corrected to September 22, 2010. There were no other additions or
corrections. Motion to approve moved and seconded; motion carried via unanimous
voice vote.
Old Business
Chapter 2, Page 3 - Rules and Definitions
Ms. Noble opened the discussion: There's a new bullet point regarding words appearing
in the zoning ordinance that are not specifically defined. This was discussed in a
previous meeting. There were no definitions for `home occupation,' `profession' or
`professional occupation' as proscribed in the most current edition of the Merriam
Webster unabridged dictionary.
Page 7—8: There are some changes regarding "In-Home Daycare," "Adult Daycare,"
"Part Daycare," and"Group Daycare Home." These definitions are word-for-word from
the IL Chapter Act of 1969 and some information that was provided from the IL Older
Adult Service Acts—in particular to the Adult Day Care Facility. "In Home Daycare"
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 hrs per day for
more than(3) and up to a maximum of(12) children, under the age of 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).
(We noticed the change went from a maximum of six to twelve—that's the State
requirement—and from children 13 and under to 12 and under—that's the exact language
from the state. Since we are not Home Ruled, we couldn't reduce the number of
children.)
Day Care Facility: Any in-home child care service 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 (3) children and up to a maximum of twelve (12) children
under the age of twelve(12) in a facility other than a family home.
DAYCARE FACILITY, ADULT: 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: 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.
Ms. Noble commented that this section was added to address religious organizations
which may provide child care services as a secondary use within their religious
institution.
DAYCARE HOME, GROUP: 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 family's natural or adopted children and all other person under the age of
twelve (12).
Page 16: 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.
Recreational vehicles shall include any mobile structure designed for temporary
occupancy,but shall exclude mobile or manufactured homes.
Ms. Noble commented that the definition should be revised to state "or"rather than"and"
bearing recreational vehicle registered license plates, per the Zoning Commission
discussion at the October 27, 2010 meeting.
Chapter 3,page 27: `Laundry drying equipment.' Clothes line/racks restricted to back
yards.
Page 29; Change the title to "Trailers, Tents and Boats."
Page 30: Home Occupations Language: Added to change the percentage to the total
floor area of the home not to exceed 25% of the total floor area. Business conducted only
by one resident of the dwelling and one additional person—whether or not a member of
said family.
Page 31; Item "I"— Suggested: "No permitted Home Occupation shall interfere with the
reasonable use and enjoyment of adjacent residential properties,which includes, but is
not limited to, interference which cause fluctuation in line voltage outside of the dwelling
where the home occupation is conducted."
Item "E" -The home occupation shall not generate traffic or deliveries beyond what is
normally expected in a zoning district in which it is located. Off-street parking for
occupational use shall be in accordance with the provisions of Chapter 18: Off-Street
Parking and Loading of this Title.
Item "F" - Removed
Item "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.
Item "J" - The home occupation does not generate any solid waste or sewage discharge
in a volume or type which is not normally associated with residential use in a zoning
district.
Item "K" - The home occupation does not involve any illegal activity.
Item "M"—Item 3 -Added"Animal grooming services are permitted."
Page 32 - 10-3-11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS:
Changed plan commission to Zoning Administrator.
Page 33 —Item "A"— Should read, "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."
Ms. Noble commented that per the Zoning Commission discussion at the October 27,
2010 meeting, the reference to "authorized appointee" should be removed.
Item "B"; 10 should read: "Delegate other duties as may be placed upon him/her by
this Title." Delete "Authority by discharging."
Page 34—Item 6 should read: Enforce all orders of the Zoning Board of Appeals and
City Council. Delete "Plan Commission" and just add"City Council."
Page 34— 10-4-4: PLAN COUNCIL Item "B"—Replace the word"shall"with"may"
per City Attorney recommendation and Zoning Commission discussion at the October 27,
2010 meeting.
Page 34 - Item "E"—The City Administrator shall have final authority with regard to
members and meeting schedule for the Plan Council. This was added per the Zoning
Commission discussion at the October 27, 2010 meeting.
Page 36— 10-4-7: VARIATIONS: Item "A": Capitalized Zoning Board of Appeals"
per the Zoning Commission discussion at the October 27, 2010 meeting.
Page 39—Item "D",Number 3: Term"elected"with reference to "elected official" or
"elected member"has been removed throughout revised ordinance,per Zoning
Commission discussion at the October 27, 2010 meeting.
Page 41 —Item "F", number 2: added phrase "in which it is to be located"to read:
"The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and
impair property values within the neighborhood in which it is to be located.
Page 41 —Item "F", number 6 to read: "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, below. (No changes)
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 the favorable
recommendation or favorable recommendation with conditions of the majority of
those present, or at least three (3), shall not be approved except by the favorable
vote of two-thirds (2/3) of all the members of the City Council, and any special
use application which receives the favorable recommendation or favorable
recommendation with conditions from the Plan Commission may be denied by a
majority vote of the City Council.
The committee then discussed and decided to postpone further discussion of prior
meeting minutes until next meeting.
There was discussion on"Three-Day Building Permits" and"Certificate of Occupancy."
Chapter 5—Zoning Districts and Map; Latest Edition—The date was removed from
the Zoning map.
C. Changed"in one"to "under single" ownership. Discussion on `entire lot'
tabled to next time.
Chapter 6—Permitted and Special Uses—Discussion on Open Space and changes to
chart.
Additional Business: It was agreed that there would not be a meeting in December. The
next meeting will be held on Wednesday, January 26, 2011 at 7:OOpm, and will be held at
the Parks and Recreation Building at 201 W. Hydraulic Ave.
Adiournment: There was no further business and a motion was made by Mr. Baker to
adjourn the meeting. Motion was seconded and all in favor. Meeting adjourned at 9:03
pm.
Minutes respectfully submitted by
Bonnie Olsem
ZONING COMMISION MEETING
Wednesday, January 26, 2011
7:00 p.m.
Parks & Recreation Administration Office
201 W Hydraulic Ave., Yorkville, IL 60560
Committee Members in Attendance:
Mike Crouch
Jeff Baker
Gary Neyer
Phil Haugen
Al Green
City Officials in Attendance:
Krysti Barksdale-Noble, Community Development Director
Paul Zabel, Chief Building Code Official
Meeting Called to Order
Meeting was called to order at 7:06 p.m.
Roll Call
Roll call was taken. A quorum was established.
Previous Minutes
November 17, 2009: Minutes were not in the packet. Mr. Crouch assumed they will be
in the next packet and Ms. Noble agreed. Mr. Crouch then turned the meeting over to
Ms. Noble.
Ms. Noble opened the meeting by asking that the section"Old Business"with revisions
be fast-forwarded through the process and if there are any questions on Chapter 2 through
Chapter 6, they can go over the specific questions. If not, she would like to move
forward and begin with Chapter 7 and 8.
Old Business
Chapter 2, Page 3 and 16
Mr. Green stated in reviewing Page 3:10-2-2 H, he thought it had already been looked at
and the agreed upon paragraph appeared to be missing. Ms.Noble acknowledged he was
correct, and would make sure it was complete.
Chapter 6: When reviewing the Chart, everyone agreed that the first part refers to legal
opinion and that it should match the recommendations the Committee has made. Ms.
Noble didn't want to make any change to the chart until she got the consensus as to how
the Committee interpreted it and if they were comfortable with the interpretation that
Special Uses for Religious Institutions should be included in Additional Districts.
AGRICULTURAL USE: It was discussed that Agricultural Special Use should be in
the Conservation Design District. Mr. Baker suggested erasing Agricultural and CDD
from the page instead of leaving it blank. Mr. Baker and Mr. Crouch did not have a
problem leaving it blank until they received more information on what the numbers are in
order for it to make more sense. The Committee agreed to re-visit this issue.
Chapter 6: Page 2: Boat Storage, Sales or Rental: The new canoe/kayak rental place
would be in the Business District; right now, it is in B3 and will be permitted as it is
permitted in the other Business Districts.
Page 4: On the Chart under"Welding Shop," it should be M1 or M2 or both as
Permitted.
Wind Farms and Solar Farms: If it was decided to allow Wind Farms and/or Solar
Farms,they will be under"Public Utilities" since they really didn't fall under any other
description. It was suggested that maybe Special Uses out in the Country Alternative or
renewable energy would be appropriate, or the Committee may want to be more
restrictive and just call it Solar or Wind.
New Business
Chapter 7: Ms. Noble said one of the changes she made was to add Open Space
District, such as a park or any other large, public space the City has, and to change the
title to the R-1, R-2, R-3 and R-4 District from the last committee conversation. She
asked if anyone had any comments on the lot sizing, and pointed out the CDD District,
which was not on the chart since they had not yet gotten to it. Then they discussed the
set-backs,particularly rear yards. A 20' set back for rear yards was suggested by Ms.
Noble and committee agreed.
Religious Institutes, Churches Maximum Height: The committee discussed that if
they left this blank, it would mean there is no limit. Mr. Baker noted cell towers are 192'
and there is a cell tower in a Cross for which the church gets paid every month. Ms.
Noble stated that a steeple will be considered the highest point of an apparatus.
Gary Neyer brought up the concept of the 35' height restriction in the Downtown area
isn't right. The land near a river is the most valuable land that a City has to offer so to
chop off the height so the people who don't own the property can have an unobstructive
view is wrong. Mr. Baker believed the reason the City was restricting the height to 35' is
because the fire department could only reach a height of 35'. Mr. Crouch said that could
have been the case in the past, but now they have the ability to reach 100'.
Ms. Noble stated she thought the 35' tall concept was in line with the Comprehensive
Plan and currently with the Downtown Revitalization Vision. She then told the
committee if they would like to change it, now it the time to do so. Mr. Crouch asked
Ms. Noble to try to get more history from the City as to why the height restriction was
imposed and she said she will research the history. This brought an end to the
committee's discussion on the chart.
Plan Unit Development(PUD): Ms. Noble gave a brief overview on what changes she
made. The most significant change on the PUD was the structure and changing it from a
District to Special Use. The IL State Statute affords the authority to do a planning and
development under the special use standard and then she pointed out that's why it's
important to be a Special Use and not a District.
The committee agreed that there needs to be some clarification on what can pass from
one person to another in terms of Special Use. Ms. Noble stated that typically, Special
Uses run with the owner and not with the property, and that's how they work. She will
get the clarification. Mr. Baker argued that they were looking at PUDs and Ms. Noble
restated that a PUD is a Special Use according to State Statute 5:11-13-1, which is how
the City maintains control. Mr. Baker then asked for a definition as far as who is tied to
it.
Ms. Noble further stated that previous PUDs did not have a requirement for final plat. It
ended with a concept plan which rezoned the property and it became a PUD, and then a
preliminary. There was no mention of a final PUD, nor was there any mention that you
had to have your PUD within a year of your preliminary. It has since been added.
Mr. Green questioned Ms. Noble on Al for clarification and she stated that approval on
final plat does not occur within 12 months.
Page 87: 10-13-9 Minor Changes after Final Plat approval: The city administrator can
make some minor,but not gross, changes to the intent.
Page 91 red line version, comment number 8: Ms. Noble posed the question, "Is this
percentage of 10% acceptable or would 5%be considered more de minimis or should it
be 5%between the preliminary and the final?" Mr. Crouch and other members thought
5%was better. Ms. Noble said she would change all of the 10%to 5%.
Page 93: 10-13-10 Conditions for Approval: Mr. Green questioned the use of the word
"criteria." Ms. Noble agreed a better word choice would be "standards."
Page 93:10-13-11 "G": After some group discussion, it was decided to keep
"Development Standard and Design Criteria."
Additional Business: The next meeting will be held on Wednesday, February 23, 2011
at 7:OOpm, and will be held at the Parks and Recreation Building at 201 W. Hydraulic
Ave.
Adiournment: There was no further business and a motion was made by Mr. Crouch to
adjourn the meeting. Motion was seconded and all were in favor by saying "Yes." The
meeting adjourned at 8:45 pm.
Minutes respectfully submitted by:
Bonnie Olsem
Memorandum
EST. 1836
--�- To: Zoning Ordinance Commission
pFrom: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
<LE ��'� Date: February 18, 2011
Subject: Zoning Ordinance Update—OLD BUSINESS ITEMS
Per the discussion and recommendation of the Zoning Commission during the January
26th meeting and a further review by the City Attorney, the following subsequent revisions of the
previously reviewed chapters are proposed for consideration. Please note only the pages that
have been revised are attached:
Chapter 2: Rules and Definitions (revised pages were not included in last month's packet)
• Page 3 inserted the word "not" in Section 10-2-2.1-1 to read "Words or terms
contained in this Title which are not defined hereafter, shall assume definitions
are prescribed in the most current edition of the Merriam-Webster unabridged
dictionary."
• Page 16 removed the following sentence from the definition of RECREATION
VEHICLE, "Recreational vehicles shall include any mobile structure designed for
temporary occupancy,but shall exclude mobile or manufactured homes."
NOTE: The Chapter regarding definitions will need to be revised throughout the review
process, as the updating of each Chapter may include new terminology.
Chapter 6: Permitted and Special Uses
• Pages 1 through 6 have been revised to incorporate the opinions of the City
Attorney regarding land use protections per the Religious Land Use and
Institutionalized Persons Act (RLUPIA). Also were categories for welding shops
and alternative/renewable energy systems.
Chapter 7: Dimensional and Bulk Regulations
• Dimensional and Bulk Regulations table was also revised to include a minimum
rear yard setback of 20 feet for the Open Space (OS) zoning district. Religious
Institutions maximum height requirements were also added to the zoning districts
not previously listed and a footnote inserted to refer to "steeple or highest point of
a rooftop apparatus." The Conservation Design District (CDD) has also been
included in the chart.
• Per the request of the Zoning Commission, staff researched the origin of the
maximum 35 feet Downtown Height Limit Area (see attached Ordinance and e-
mail from City Administrator) in consideration of repealing this restriction.
Chapter 8: Planned Unit Developments (PUD)
• Additional revisions have been made to the Planned Unit Development chapter
upon further review and consideration by the City Engineer, City Attorney and
comments from the Zoning Commission. The revisions are notated in the redlined
copy of the revised chapter.
• Per the direction of the Zoning Commission, staff has researched the Williamsport
development's Annexation Agreement and Plat of Subdivision (see attached).
Additionally, staff has attached the opinions of the City Attorney regarding the
transferability of special use approvals and the future property owner obligations
of platted, but undeveloped land.
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006- _ oQD
AN ORDINANCE AMENDING TITLE 10 — ZONING
WHEREAS, The United City of Yorkville, after careful consideration by the Mayor and
City Council, has determined it necessary to increase the maximum height for buildings
to be constructed in the United City of Yorkville;
WHEREAS, The United City of Yorkville, after careful consideration by the Mayor and
City Council, has determined that it is in the best interest of the community to amend
Title 10 of the Yorkville City Code to change the allowable maximum building height for
certain zoning classifications to eighty feet (80');
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE,
upon Motion duly made, seconded and approved by a majority of those so voting, that
Title 10 — Zoning Code is hereby amended to permit the following;
1. R-3 Zoning District
10-6E-6: Maximum Building Height:
A. For single-family detached dwellings and permitted non residential buildings
and structures, the same regulations shall apply as provided in the R- 1
residential district.
B. All other dwelling types not located within the "Downtown Area" as
described by Exhibit "A", not more than six (6) stories or eighty feet (80'),
whichever is lower.
2. R-4 Zoning District
10-6F-6: Maximum Building Height:
A. For all dwellings and permitted nonresidential buildings and structures
permitted in the R-4 Residence District, the same regulations shall apply as
provided in the R-3 Residence District.
B . All other dwelling types not located within the "Downtown Area" as
described by Exhibit "A", not more than six (6) stories or eighty feet (80'),
whichever is lower.
3. O (Office) Zoning District
10-7A-6 : Maximum Building Height: No building or structure shall be erected or
altered to exceed a maximum height of six (6) stories or eighty feet (80')
whichever is lower.
No building or structure shall be erected or altered to exceed a maximum
height of three (3) stories or thirty-five feet (35 ') within the "Downtown
Area" as described by Exhibit "A".
4. B-1 (Limited Business) Zoning District
10-7B-6: Maximum Building Height: No building or structure shall be erected or
altered to exceed a maximum height of six (6) stories or eighty feet (80')
whichever is lower.
No building or structure shall be erected or altered to exceed a maximum
height of three (3) stories or thirty-five feet (35 ') within the "Downtown
Area" as described by Exhibit "A".
5. B-2 (General Business) Zoning District
10-7C-6: Maximum Building Height: No building or structure shall be erected or
altered to exceed a maximum height of six (6) stories or eighty feet (80')
whichever is lower.
No building or structure shall be erected or altered to exceed a maximum
height of three (3) stories or thirty-five feet (35 ') within the "Downtown
Area" as described by Exhibit "A".
6. B-3 (Service Business) Zoning District
10-7D-6: Maximum Building Height: No building or structure shall be erected or
altered to exceed a maximum height of six (6) stories or eighty feet (80')
whichever is lower.
No building or structure shall be erected or altered to exceed a maximum
height of three (3) stories or thirty-five feet (35 ') within the "Downtown
Area" as described by Exhibit "A".
7. The City Clerk shall certify to the adoption of this ordinance and cause the same
to be published as required by law.
8. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
JAMES BOCK % )n JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER �. MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, the day of A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of A.D. 2006.
ATTEST:
MY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXHIBIT "A"
The area commonly referred to as the "Downtown Area" is defined as the area bound by:
I . Van Emmon Street to the north, Fox Street to the south, South Main Street to
the west and extending eastward to include those properties that abut the
eastern right-of-way of Illinois Route 47; and
2. Fox River to the north, Van Emmon Street to the south, Morgan Street to the
west and Illinois Route 47 to the east; and
3 . Fox River to the north, Van Emmon Street to the south, existing Corporate
boundaries to the east and Illinois Route 47 to the west.
From: Bart Olson
To: Krysti Barksdale-Noble
Subject: RE: 35"Downtown Building Height Limit District
Date: Thursday,January 27,20113:55:31 PM
It was a recommendation in the downtown vision plan from Stephen Yas, that was later
codified. It was a recstriction to prevent view corridors of the river from being
obstructed.
Bart Olson
City Administrator
Interim Director of Parks and Recreation
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630-553-8537 direct
630-553-4350 City Hall
630-308-0582 cell
bolson @yorkville.il.us
From: Krysti Barksdale-Noble
Sent: Thursday, January 27, 2011 3:25 PM
To: Bart Olson
Subject: 35' Downtown Building Height Limit District
What's the history behind this height limitation? Is it related to the Downtown Vision Plan?Or
simply a restriction to prevent view corridors of the river from being obstructed?Or a carry-over
from some other ordinance/code?
Best Regards,
Krysti J. Barksdale-Noble, AICP
Community Development Director
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Direct: (630) 553-8573
Fax: (630) 553-3436
Cell: (630) 742-7808
www.yorkville.il.us
From: Jim W. Binninger
To: Asti Barksdale-Noble
Cc: "Kathleen Field Orr"
Subject: RE: Special Use Question(s)
Date: Monday,January 31,2011 10:47:27 AM
Krysti,
1. Special uses are granted to the property and stay with that property even if the ownership
changes. Therefore they do run with the land. In addition, it is not proper to impose a time limit
or a condition that the special use terminates on transfer of the land as these would be
conditions that are unrelated to the special use under consideration.
2. Once a subdivision plat has been approved and recorded, those lots become lots of record and
upon amendment of the regulations which they no longer meet become legal nonconforming
lots. The owner does have legal rights to develop those lots. If the owner wants to build on the
existing lots, the lots can still be built on if they meet the existing requirements of the City Code.
In addition section 10-3-3 provides that if the existing lot does not meet the current
requirements for minimum lot width and area it may still be built upon provided the yards are not
less than 75% of the required yards. I do not like the reference in section 10-3-3 to section 10-
10-7 which deals with the amortization of nonconforming buildings, structures and uses as it is
difficult to tell if it applies. Further review would be necessary to determine the impact of section
10-10-7 based on the facts of the actual legal nonconforming lots. Another option is for the
owner is to vacate the plat with City approval or resubdivide the property.
Jim
James W. Binninger
Kathleen Field Orr& Associates
53 West Jackson Blvd. Suite 935
Chicago, Illinois 60604
312-382-2113
fax 312-382-2127
-----Original Message-----
From: Kathleen Field Orr [mailto:kfo @kfoassoc.com]
Sent: Thursday, January 27, 2011 3:41 PM
To: 'Jim W. Binninger'
Subject: FW: Special Use Question(s)
From: Krysti Barksdale-Noble [mailto:knoble @yorkville.il.us]
Sent: Thursday, January 27, 2011 3:23 PM
To: Kathleen Field Orr
Cc: Bart Olson
Subject: Special Use Question(s)
Kathy,
Here are a few questions from the ZC regarding Special Uses:
1. Are Special Uses transferrable? (It has always been my understanding that SU were
specific to the owner/user and do not run with the land—is this the case)?
2. If a subdivision is approved/platted and no construction has commenced well over
20 years, if someone else purchases the property are they entitled to build what
was approved for platting even if the subdivision control/design standards have
substantially changed since original approval?
Best Regards,
Krysti J. Barksdale-Noble, AICP
Community Development Director
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Direct: (630) 553-8573
Fax: (630) 553-3436
Cell: (630) 742-7808
www.yorkville.il.us
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'r.7-_ :irk '��e,Y.•:
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.
3
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.
4
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 6 feet in height.
BOWLING ALLEY: A business establishment with a principal use for the sport often-pin bowling which may
include incidental food services.
BREW PUB:see Microbrewery
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.
5
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.
6
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 tern does not include facilities
which receive only children from a single household.(225 ILCS 10,Sec.2.09 Comment[KNoblel]:This section has been
revised per discussion at the 10/27/10 meeting.The
DAYCARE FACILITY:means any child care facility licensed by the State Department of Children and Family phrase"including senior citizen facilities'was
Services(DCFS)which regularly provides day care for less than 24 hours per day for more than three(3)children removed per the zC,however it is contained within
the State's definition per 225 ILCS 10,Sec.2.09.The
under the age of twelve(12)in a facility other than a family home.(225 ILCS 10,Sec.2.091 usage of the phrase was to indicate that child care
within a senior citizen building shall be deemed a
DAYCARE FACILITY,ADULT:means any facilitypublic or private,regulated by the State of Illinois in daycare facility and no exempt under the
accordance with the Older Adult Services Act which provides care for less than 24 hours per day for older adults regulations of the Child Care Act such as those
(seniors)such as nutritious meals,planned program of activities,and social and health related services.) services for child care provided in churches or non-
profit organizations.Refer to attached State
DAYCARE FACILITY,PART DAY:means any facility licensed by the State Department of Children and Family Statutes.
Services(DCFS)and which is conducted by a church,religious organization or social service any in which Comment[KNoble2]:Revised per zC discussion
individual children are provided care,on an intermittent basis,for up to 10 hours per seven day week.Any facility at the 10/27/10 meeting.
which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours [per mment[KNoble3]:This section was added
in any given day during the 7 day week.Any facility which provides intermittent care for W to 10 hours per 7 day 11 discussion at the 10/27/10 meeting.
week shall provide at least one caregiver per 20 children.(225 ILCS 10,Sec.2.0911 Comment[KNoble4]:This section was added
to address religious organizations which may
DAYCARE HOME,GROUP:means any in-home child care service licensed by the State Department of Children provide child care services as a secondary use within
and Family Services(DCFS)which regularly provides care for less than 24 hours per day for more than three(3) their religious institution.
and up to a maximum of sixteen(16)children under the age of twelve(12)in a family home.The number of
7
children allowed includes the family's natural or adopted children and all other person under the age of twelve(12).
(225 ILCS 10.Sec.2.09 Comment[KNobleS]:This section was added
as it is a permitted in-home operation under the
DECIBEL(dB):A unit of measurement of the intensity(loudness)of sound.Sound level meters which are Illinois Child Care Act.
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('/Z)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.
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DWELLING,SINGLE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one f1family
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 ofbusiness 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.
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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(P)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
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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(8)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 guhsect nn I I subsectionl0 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.
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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('/p)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 10-2-4 of this Chapter for diagram.)
LOT,COVERAGE:The area of a zoning lot occupied by the principal building or buildings and accessory
buildings.(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 edge-of the lot fronting Won a street;prevvded;provided that the owner may
orient his-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:The front pro eft),line of°zoning lot A lot line which abuts a street shall be the front lot line.
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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 lot 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
corner 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 made 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(31) alg lons.
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
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this Title. For manufactured homes built prior to June 15,1976,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.
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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(11/2)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(1'/2)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.S 1.6-1960,"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
15
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,travel ,motor homes,boats,
snowmobiles,and all-terrain vehicles.
temporary occupancy,but shall exclude mobile homes.
RECREATION CENTER: A building or structure used as a place of recreation,generally open to the public and
designed to accommodate and serve significant segments of the community.
REFUSE:All waste products resulting from human habitation,except sewage.
RELIGIOUS INSTITUTION,LARGE: A building,having 400 or more seats or larger than 8,000 square feet of
total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and
controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses
customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place
for worship and religious activities.
RELIGIOUS INSTITUTION,SMALL: A building,having 400 or fewer seats or no larger than 8,000 square feet of
total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and
controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses
customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place
for worship and religious activities.
RESEARCH LABORATORY:A building or group of buildings in which are located facilities for scientific
research,investigation,testing or experimentation,but not facilities for the manufacture or sale 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
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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 gasbeffiegas home 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(10)of the ratio of the pressure of the sound to a reference pressure of
0.0002 microbar.
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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(4'/2')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:Aline 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.
18
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, Comment[Moble6]:Revision of definition per
sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square feet or more but less 9/22110 meeting.
than two h hundred twenty(220320)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 date hereof
19
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 vAkh is haunded b° between the side lot lines,
and from the rear lot line and to the rear yard line in depth.
YARD,SIDE:A yard extending along the length of a side lot line whieh is beended bywbetweerithe rear yard line;
and front yard line,from the side yard lined 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.
20
10-2-4:DIAGRAMS:
See following pages for diagrams:
21
BUILDING HEIGHTS
Y
GABLE Hrp GAMBREL
k
MANSARD NSARD FLAT
22
YARD & BUILDING LINES
REAR- LINE
REAR YARD
r- - --r-�--7
G G G 1
G ! I z E BUILDABLE AR€A -�
W a +
W
w
ir
I r
m� I E
yr E !
BUILDING SETBACK LINE
I FRONT YARD
STREET
ILLUSTRATION ONLY
23
FLOOR AREA RATIO FAR
0.8
4
0.4
�n
a
0"2
Fir
ILLUSTRATION ONLY
24
TYPES OF LOTS
T
I O O O
STREET
w
STREET
Q INTERIOR LOT
CORNER LOT
® REVERSED CORNER LOT
THROUGH LOT
ILLUSTRATION ONLY
25
LOT COVERAGE
as pie
r
20
10%
ILLUSTRATION +iNI Y
26
I_OT QIMENSIONS
i
f I
r i �
W W
tl7 � Q
LOT WIDTH-- LOT M'IATH
BVILDI HGTSETBACK LIH
STREET
ILLUSTRATION ONLY
27
Residential Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
S S
Mobile Home Park - (1—ri,n,in( aoa=emin - - - - - - - -
Dwelling,Duplex P P P P
P S S S S S
(in business (in business (in business (in business (in business (In business
Dwelling,Multi-Family P P P b'dg( bldg) bldg( bldg( bldg( bldg(
Dwelling,Single-Family P P P 1 P 1 P 1 P I P I P - -
Dwelling,Townhouse P P P -
Institutional Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
Cemetery S S S S S S S S P -
Religious Institution,Large S S S S S S S S P P P P P S S
Religious Institution,Small S S S S S S S S P P P P P S S
Philanthropic institution S S S S S S S
Hospital S S S S S S S P P P P
Library P P P P P
Nursing home S S S S S S S P P
College S S S S S S S P P P P P
School P P P P P P
Commercial Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2
Adult Oriented Uses S S S
Agricultural implement sales and service S S P
Agricultural uses P S
Amusement park S S S S S
S S S S
Antique Sales (inn.eday( (in—,[d y) P P P P
Auction House P P
Automobile rental P P P
Automobile repair P P P P
Automobile sales and service/Open Sales Lot P P
FINAL Chapter 6 Permitted and Special Uses revised 1.27.11 kbn Page 1
Commercial Uses-Continued
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
S S
Bakery P P P P
wno�e,a�e wno�a�e
Bank P P P P P
Bed and Breakfast Inn S S S S S S S S S
Billiard parlor S P P P
Boat sales and rental S P P P P
Boat storage S S S S S S S
Bowling alley P P P
Building equipment,building materials,
lumber,coal,sand and gravel yards,and yards
for contracting equipment of public agencies,
S S
or public utilities,or materials or equipment of
similar nature,ready mix batch plants,and
asphalt manufacturing plants
Building material sales P P
Campground S S
Car Wash P P P P
Club/Lodge P P P P P S
Commercial feeding offish,poultry,livestock S
Commercial Laboratory P P P P P
Community Center S S S S S P P P P S S
Contractor facilities with outdoor storage S S
Dance hall P P P
Department store P P P
Dry cleaning establishment S P P P P
Dry cleaning plant S S
Fertilizer sales with storage and mixture S
Gasoline service station S S S S S
Golf Course S S P P P P P P
Golf driving range S S P P
Grain elevators and storage P
Grocery store P P P P
Health club or gymnasium P P P
Heavy machinery and equipment rental
P P
business
Hotel/Motel p P P
lKennel S P P
FINAL Chapter 6 Permitted and Special Uses revised 1.27.11 kbn Page 2
Commercial Uses-Continued
Zoning Districts
Ag TOpen Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
Microbrewery/Brew Pub
Motorcycle sales and service P P
Nursery P P P
Off-Track Betting(OTB)establishments
Parks P P P P P P P P P P P P
Playground P P P P P P P P P P P
Recreation center P P P P P P
Recreational camp-private S
Recreational vehicle sales and service P P
Restaurant P P P P
Retail Store S P P P P S
Roadside Stand P
Salvage Yard S S
Skating rink P P
Stadium S S S S S
Swimming pool-indoor P P P P
Tavern-nightclub or lounge S S S S S S
Theater P P P
Tourist Court/Home S(—,--) S)s,n—)
Trailer Camp/Park S P P P P
Truck and trailer rental S P
Truck,truck tractor,truck trailer,car trailer or
bus storage yard-not include motor freight P P
terminal
Adult Daycare Facility S S Q 5
Advertising agency P P P P P
Animal hospital S S
Appliance-service P P
Bookkeeping service P P P P P
Carpet and rug cleaning P P
Catering Service P P
Clothes-pressing and repair P P P P
Contractor offices P P
Daycare Facility S S S S 5 S S S S S
Detective agency P P P P P
Dressmaker-seamstress P P P P - -
FINAL Chapter 6 Permitted and Special Uses revised 1.27.11 On Page 3
Professional Service Uses
Zoning Districts
Ag TOpen Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
Employment office P P P P P
Furniture repair and refinishing P P
Interior decorating studio P P P
Locksmith P P P
Medical clinic P P P P P
Photograph studio P P P P
Professional Services P P P P P
Radio and television studios P P P
Repair of household or office machinery or
equipment P P
Shoe and hat repair P P P P
Taxidermist P P P
Treatment Center P P P P
Upholstery shop P P
Watch and clock sales and repair P P P
Weaving and mending-custom P P P
Manufacturing-Processing/Assembly Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
Any manufacturing or processing that can and
does operate in compliance with performance
standards of 10-8-1 P P
Bakery(wholesale-retail component special
use) P P
Newspaper Publishing P P
Stone and gravel quarries S
Welding shop S P P
Wholesaling and warehousing-Local cartage
express facilities -not including motor freight
terminal P P
FINAL Chapter 6 Permitted and Special Uses revised 1.27.11 kbn Page 4
Transportation Uses
Zoning Districts
Ag TOpen Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
Airport S S S
Bus or truck storage yard P P
Bus or truck garage or streetcar house P P
Marina S S S S S S
Motor freight terminals S S
Railroad passenger station S S S S S S S S S S S S S S S
Railroad repair shops,maintenance buildings
and switching yards S S
Taxicab business P P S S
Utility Uses
Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2
Communications use S
Electric substation S S S S S S S P P P P P P
Filtration plant S S S S S S S P P
Fire Station S S S S S 5 S S P P P P P P P
Police Station S S S S S S S S P P P P P P P
Public Utility electric substations and
distribution centers,gas regulations centers
and underground gas holder stations S S P P
Public utility facilities S P P P P P P P
Radio and television towers,commercial S P S S S S S S P P
Sewage treatment plant S S S S S S P P
Utility company maintenance yard - P P
Utility service yard or garage P P
Other Zoning Districts
Ag Open Space Residential Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 I R-2 D I R-3 R-4 CDD O B-1 B-2 B-3 B-4
Accessory Building/Uses P P P P P P P P P P P P P P P P
Planned Unit Developments(PUD)
Alternative/Renewable Energy Systems
Zoning Districts
Ag 7 Open Space Residential I Business Manufacturing
Use Category A-1 OS Estate R-1 R-2 I R-2 D I R-3 R-4 I CDD O 1 B-1 B-2 B-3 B-4 M-1 I M-2
FINAL Chapter 6 Permitted and Special Uses revised 1.27.11 kbn Page 5
Wind Power
Wind Farm S S
Horizontal Axis S S S S S
Vertical Axis(roof or ground mounted) S S S S S S S S S S S S
Solar Energy
Solar farm S S
Roof Mounted Solar Panels P P P P P P P P P P P P
Free Standing Solar Panals 5 S S S S S
FINAL Chapter 6 Permitted and Special Uses revised 1.27.11 kbn Page 6
Setbacks
Minimum Lot Max.Lot Min. Dwelling Unit Religious Institution Max.
Zone Zoning District Maximum Density Size Minimum Lot Width Coverage Min.Front Min. Side* Rear Max.Height Max.Height Height F.A.R.
A-1 Agricultural - - - - 100'**** 50' - - - 45'structure/75'ste le' -
OS Open Space - - - - 30' 10' 20' - - - -
E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' - 45'structure/75'steeple -
R-1 Suburban Residential - 18,000 s ft 100' 25% 40' 15'(40') 50' 30' - 45'structure/75'steeple' -
R-2 Traditional Residential - 12,000 sgft** 80'** 20% 30' 10'(30') 40' 30' - 45'structure/75'steeple' -
R-2 Duplex - 15,000 s ft*** 100'*** 30% 30' 10'(30') 30' 30' - 45'structure/75'ste le' -
R-3 Multi-Family Residential 5 per acre(max. 6 units per building) 9,000 sgft 70'(90'for attached units) 30% 30' 10'(20') 30' 80'(6 stories)***** 30'(2.5 stories) 45'structure/75'steeple' - ` 1
R-4 General Multi-Family 8 per acre 15,000 s ft 70'(90'for attached units) 30% 30' 12'or 60%of bldg h 20') 40' 80'(6 stories)***** 30' 2.5 stories) 45'structure/75'steeple -
CDD Conservation Design District TBD TBD TBD TBD TBD TBD TBD TBD TBD 45'structure/75'steeple
O Office - 20,000 s ft - 50% ***** - ' -
30 10 (20 20 80 6 stories 45 structure/75 steeple' !�
B-1 Limited Business - 10,000 s ft - 50% 30' 20' 20' 80'(6 stories)***** - 45'structure/75'steeple - rD
B-2 General Business - 10,000 s ft - 80% 0' 20'(30') 20' 80'(6 stories)***** - 45'structure/75'steeple' -
B-3 Service Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - 45'structure/75'steeple -
B-4 Business - 10,000 sqft - 50% 50' 20'(30') 20' 80'(6 stories)***** - 45'structure/75'steeple' -
M-1 Limited Manufacturing - - - 60% 25' min 10%of lot and max. 20' - - - 45'structure/75'steeple .8 max.
M-2 General Manufacturing - - - 60% 25' min 10%of lot and max. 20' - - - 45'structure/75'steeple' .85 max.
*Dimensions within O=requirement for side yards adjoining a street
**Lots with private wells and/or private sewage minimum 1 acre and 125'width
***Lots with private wells and/or private sewage minimum 1.5 acres and 150'width 0
****200'along 34 and 47
*****If property is located in the Downtown Area(see map below),Max.Height is 35'or 3 stories
MEOW
1 Steeple or highest point of a rooftop apparatus.
Note:For special uses refer to Zoning Ordinance
Downtown Height Limit Area
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CHAPTER 8
Planned Unit Development
SECTION:
10-13-1: Purpose and Intent
10-13-2: Authority
10-13-3: Definition and Size Limitations
10-13-4: Procedures for Establishment
10-13-5: Pre-Application Conference
10-13-6: Concept PUD Plan Review
10-13-7: Preliminary PUD Plat
10-13-8: Final PUD Plat
10-13-9: Amendments or Minor Revisions to PUD Plat
10-13-10: Conditions for Approval
10-13-11: Development Standards and Design Criteria
10-13-12: Fees
10-13-13: Separability
10-13-14: Effective Period of Planned Unit Development
10-13-15: Effective Date
10-13-1: PURPOSE AND INTENT:
Planned Unit Developments are unique and differ substantially from conventional subdivisions and
therefore require administrative processing as"Special Uses"under this Title. Planned Unit Developments
are a complex type of Special Use, potentially consisting of various land uses and design elements,
requiring the establishment of more specific procedures, standards and exceptions from the strict
application of the zoning district regulations to guide the recommendations of the Plan Commission and the
action of the City Council. 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 district regulations which is consistent 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,
73
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 portions of the site;
F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding
community through the use of building materials, signage 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. Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased
projects. (Ord.2006-40,5-23-2006)
I. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale
commercial developments.
J. Encourage high-quality planned industrial park environments and well-designed business centers for
single or multiple-tenant facilities.
K. Provide/enhance regional public infrastructure such as transportation, water/sanitary service, storm
drainage,etc.
10-13-2: AUTHORITY:
A. The Plan Commission shall review and recommend approval, approval with modification or denial of
applications for Planned Unit Developments. The City Council shall have final decision to approve,
approve with modification,or deny applications for Planned Unit Developments.
B. The procedures set forth in this chapter shall apply to all Planned Unit Developments.
C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of
Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved
pursuant to the procedures set forth in Section 10-4-9 of this Title.
74
D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments;
provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this
Title shall apply to all Planned Unit Developments.
10-13-3: DEFINITION AND SIZE LIMITATIONS:
A Planned Unit Development is a tract of land which is developed as a unit under single ownership or
control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area,
except for planned developments operated by a municipal corporation which shall be at least two (2) acres
in area, and Planned Unit Developments in manufacturing districts which shall be at least ten(10) acres in
area.
All land area within a Planned Unit Development must be contiguous;provided that properties separated by
highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous
for the purpose of qualifying as a Planned Unit Development. Further, all procedures required by this
section for the establishment of a Planned Unit Development shall be applicable to the addition of property
to an existing Planned Unit Development.
10-13-4: PROCEDURES FOR ESTABLISHMENT:
A. Planned Unit Development applications shall be made as hereinafter provided and shall be
accompanied by the required plats and documents. Detailed plans,drawings and other information
as specified in this Title shall be required at the time of the various phases, meetings and hearings
as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being
in accordance with the Planned Unit Development requirements before proceeding to the next
stages.The approval process shall include the following stages:
1. Pre-Application Conference.
2. Concept PUD Plan Review.
3. Preliminary PUD Plat.
4. Final PUD Plat
B. The Preliminary PUD Plat and Final PUD Plat may be submitted and reviewed concurrently, as
determined by the Plan Council,based upon the following criteria:
1.The PUD plan forwards the goals of the city's official plans, including but not limited to,the
Comprehensive Plan, Integrated Transportation Plan, Downtown Vision Plan, Stormwater
Management Plan and various watershed development plans.
2.The PUD plan requires limited variances from the use or bulk regulations of the
conventional/underlying zoning district in which it is to be located.
3.The PUD plan exceeds the development standards and regulations of city ordinances,
including but not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign
Ordinance,Design Guidelines and Water Conservation Ordinance.
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10-13-5: PRE-APPLICATION CONFERENCE:
A. Purpose: The purpose of the pre-application conference is to provide information, guidance and
assistance to the applicant before preparation of the concept plan so that the applicant may receive
informal input on:
1.Whether the proposed Planned Unit Development will be in conformity with the 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 filing 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.2006-40,5-23-2006)
10-13-5: 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 formal feedback from the city staff and City Council regarding
the overall project concept, density and dwelling unit number prior to spending considerable time and
expense in the preparation of detailed preliminary PUD plans.
B. Procedure: Not less than forty-five (45) days before the next available Plan Commission meeting, the
applicant shall file an application with the City Clerk's office for review of the conceptual Planned Unit
Development plan. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13"
envelope and two (2) CD's containing electronic copies (pdf and .dwg format) of the following
documentation:
1. A completed notarized application form,two(2)originals and the remainder photocopies.
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2. The application shall be accompanied by the appropriate filing fee.
3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial
photograph exhibit shall be one-inch equals one-hundred(1"= 100) scale,but no less than one-inch
equals four hundred(1"=400)and shall include the following:
a.Title or Name of the proposed Planned Unit Development.
b. Outline of property boundaries.
c.Adjacent area within one-fourth(1/4)mile of property.
3. A zoning plat including a legal description of the property with total property acreage notated to be
included in the Planned Unit Development.
4. A written explanation of the general character of the proposed Planned Unit Development that shall
include the following:
a. A description of all proposed land uses(including open space)with percentages of each use;
b. Projected densities and housing type for each residential use;
c. A description of the development standards and design criteria applicable to the proposed Planned
Unit Development;
d. An outline describing why the property should be developed as a Planned Unit Development;
e. Identification of the conventional zoning classification allowing the uses for each land use type
included and compatibility to the future land use designation for the property in the City's official
Comprehensive Plan;
f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development.
g.A list of requested exceptions to applicable city ordinances and codes.
5. A written description of general site information that shall include, but shall not be limited to, the
following:
a. Existing site conditions.
b. Environmental characteristics.
c. Availability of community facilities and utilities.
d. Existing covenants.
6. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide
sufficient detail to demonstrate the physical relationship between the existing land condition,
surrounding land uses and the proposed Planned Unit Development,and shall include the following:
a.North arrow(true meridian),scale and date of preparation.
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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. i. Proposed location, layout and dimensions of streets, easements,
lots and blocks.
j.Proposed dedication of land for school and park sites,if applicable.
k. Land area to be used for common open space such as storm water basins, buffers, parks and
sidewalks,trail corridors,including layout and configuration.
1. Proposed approximate building footprints and estimated floor area for all nonresidential structures,
if any.
m.Maximum number of residential dwelling units.
n. Gross and net densities for the entire Planned Unit Development and each land use.
o. Location of off-street parking and loading areas, number of spaces provided, and method used to
calculate the number of required spaces for each land use.
p. Location of existing wetlands, floodplain and floodways obtained and sourced from published
data.
q.Location of lakes,ponds,streams,marshes,creeks and drainage swales.
r. Existing wooded areas and other significant vegetation including description of predominant flora
species,types and sizes.
s. Existing topographical contour lines with a minimum of five foot (S) intervals obtained and
sourced from published data.
t. Location of existing and/or proposed water, sanitary and storm sewer systems (drains, inlets and
outfalls)intended to serve the development.
u.Proximity to existing and proposed transportation corridors.
v. Any other data reasonably necessary to provide an accurate overview of the proposed
development.
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6. Other information may be requested by the city at any time during the concept PUD plan review
process if it is determined necessary to properly evaluate the Planned Unit Development.
7. The clerk's office shall have the application reviewed by the Zoning Administrator for substantial
completeness. If the application is not substantially complete, the applicant will be notified by the
Zoning Administrator as to the deficiencies. The application will not be forwarded on for further
review until the application is substantially complete.
C. Plan Council Review: Upon receipt of all the required submittals, copies of the application and
supporting documentation shall be distributed to members of the Plan Council. The Plan Council shall
review the concept for the Planned Unit Development and supporting documentation and make a
recommendation to the Plan Commission as to the proposal's compatibility with the City's planning
objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control
ordinance,annexation agreement,and other goals and policies for developing the city.
D. 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.
10-13-7: PRELIMINARY PUD PLAT:
A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that
the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that
any final plans will be approved provided they substantially conform to the Preliminary Planned Unit
Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute
authority to proceed with construction of any improvements but rather an approval of the general
features of the plans as a basis for preparing the final plans.
B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall
file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval.
The applicant shall submit twenty(20)paper copies folded to fit in a 10"x 13" envelope and two (2)
CD's containing electronic copies(pdf and.dwg format)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 (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-
hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400).
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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.
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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 five hundred feet(500') of all sides of the
site.
m. Other conditions on adjoining land— actual direction and gradient of ground slope, including any
embankments or retaining walls; character and location of major buildings, railroads, power lines
and towers.
n. Owners of adjoining un-platted land; for adjoining platted residential land refer to subdivision plat
by name, recording date and number. Show approximate percent built-out, typical lot size and
dwelling type.
o. Municipal limits.
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p. School district boundaries.
q. .Existing easements—location,width and purpose.
r. 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.
s. Proposed public improvements such as highways and other major improvements planned by public
authorities for future construction on or near the property.
t. 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.
u. Ground elevations on the property and on the first fifty feet(50') of all adjacent parcels showing a
minimum of one foot(1')contours for land which slopes less than one-half percent('/2%)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.
v. Subsurface conditions on the property shall be shown,if deemed required by the City Engineer or an
outside consultant. This includes the location and results of tests made to 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.
w. 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.
x. Location of all proposed off-street parking and loading areas, including dimensions of parking
spaces,drive aisles and loading zones.
y. Configuration of all land proposed as open space including storm water management areas, parks,
buffers,and trail corridors.
z. All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar
public and quasi-public uses.
aa.Pedestrian and/or bicycle circulation systems.
bb.Limits of jurisdictional and non jurisdictional wetlands.
cc.Any other data reasonably necessary to provide an accurate overview of the proposed development.
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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 stormwater 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.
11. 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;
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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.
e.Other information that may be required by the Plan Commission or City Council.
C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute
copies of the application and supporting documentation to members of the Plan Council. The Plan
Council shall review the Preliminary Planned Unit Development Plat and supporting documentation
and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's
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 Review:When applicable for the Park Board to conduct a formal review of the Preliminary
Planned Unit Development Plat and supporting documentation, the Park Board and Plan Commission
shall hold a joint review meeting and forward their recommendations to the City Council. The
recommendations may include conditions of approval intended to be incorporated into final plans and
supporting documentation.
1) Park Board Review (If Applicable): As part of the Park Board review of the Preliminary
Planned Unit Development Plat and supporting documentation, consideration shall be given to
the following standards:
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.
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10-13-8: FINAL PUD PLAT:
A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall
County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the
city. The purpose of the 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)CD's
containing electronic copies(pdf and dwg format)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.
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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.
10-13-9: 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%).
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iv. An increase or decrease in total number of parking spaces greater than five percent
(5%).
v. Any reduction in area of common open space, landscaping or buffering, particularly
when reduced below the minimum standard prescribed in Section 10-13-11:
Development Standards and Design Criteria.
vi. Any significant changes in building layout,orientation or height of buildings.
vii. A change in the functional classification of a roadway.
Minor changes not approved by the City Administrator may be appealed by the applicant or
property owner to the City Council without review and recommendation by the Plan
Commission or Park Board(when applicable),unless the City Council refers the request for a
minor change to the Plan Commission or Park Board (when applicable) for review and
recommendation.
B. Major Changes: Major changes to the 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 (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.
10-13-10: CONDITIONS FOR APPROVAL:
The Plan Commission shall not recommend approval of nor shall the City Council approve a Special Use
for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat
unless the proposed development or amendment provides the following standards:
1. In what respects the design of the Planned Unit Development does or does not meet the
requirements and design standards of the development standards and design criteria,
2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in
the zoning ordinance and how the modifications in design standards from the subdivision control
regulations fulfill the intent of those regulations.
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3. The extent of public benefit produced,or not produced,by the Planned Unit Development such as
but not limited to, the adequacy of common open space and/or public recreational facilities
provided; sufficient control over vehicular traffic; provision of public services; provision and
protection of the reasonable enjoyment of the land.
4. The relationship and compatibility,beneficial or adverse, of the Planned Unit Development to the
adjacent properties and nearby land uses.
5. The extent to which the Planned Unit Development does or does not fulfill the objectives of the
Comprehensive Plan or other planning policies of the City.
6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards
for Special Use as defined in Section 10-4-9 of this Title.
10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A. Purpose: The purpose of this section is to establish and provide a comprehensive set of standards and
guidelines in which Planned Unit Developments are designed. While specific recommendations for
development and design are provided, flexibility is also encouraged through guidelines which enable
individual developments to be distinct from one another while maintaining the inherent character of the
city.
B. Applicability: These standards and established criteria shall apply to all newly constructed buildings
and sites within a Planned Unit Development. Each proposed development will be evaluated on its
compliance with the established regulations/guidelines contained herein.
C. Density: The density,minimum lot size and minimum setback dimension for each use proposed within
a PUD shall be determined by the conventional zoning classification which would permit the proposed use
unless a variance is specifically requested as part of the Special Use request.
D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a
mixture of land uses when applicable and when different intensity of land uses are appropriately
buffered or separated.
1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning
districts.
2. Uses listed as special uses in the zoning district in which the development is located may be
allowed.
E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a
driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located
not more than two hundred feet(200')from the dwelling served.
F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths
or depths than required for permitted uses in the zoning classification which the planned development
is including,provided:
a. Those protective covenants are recorded with perpetual access easements and off street parking
spaces for use by the residents of the dwellings served.
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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.
10-13-12: FEES:
The City Council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals,
applications and amendments for special use, and other matters pertaining to this chapter. The schedule of
fees shall be 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)
10-13-13: SEVERABILITY:
Each section,clause and provision of this chapter shall be considered as separable,and the invalidity of one
or more shall not have any effect upon the validity of other sections, clauses or provisions on this chapter.
(Ord.2006-40,5-23-2006)
10-13-14: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT:
A. The planned unit development shall be constructed in a timely manner. The planned unit development
shall be subject to revocation under the following conditions:
1. Final 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.
89
C. The City Council shall consider, but not be limited to, the following standards in the review of the
status of the project construction to determine whether there is reasonable cause for delay:
a. The original program of development with regard to market demand for the components
included in the final plan;
b. Conditions in the real estate finance market;
c. General economic conditions in the local area,state or region;
d. The ability and purposefulness of development operations for the Planned Unit
Development;and
e. Laws, ordinances or other regulations that may have affected timely development of the
project.
D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-13-
14C,the City Council shall decide whether:
a. To revoke those portions of the Planned Unit Development for which construction has
not begun;
b. To extend the time allotted for construction to commence based upon a revised schedule
of construction,or
c. To require special changes in the Planned Unit Development as a condition of a time
extension, whereby such changes shall be deemed a"major change"to the Planned Unit
Development.
E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted
uses and other regulations of the underlying zoning district of which it is a Special Use unless an
amendment or other Special Use is initiated by the City Council or is applied for by the owner of the
parcel of land on which the Planned Unit Development was to be constructed and granted by the City
Council.
10-13-15: EFFECTIVE DATE:
This ordinance shall be in full force and effective immediately after passage, approval and publication in
book form according to law,and its regulations shall be in effect except where a Final Plat for Planned Unit
Development has been approved and building permit issued prior to the enactment of this ordinance, and
further providing that substantial change of position, expenditures or incurrence of obligations by or on
behalf of the applicant of such approval or building permit would occur as a result of compliance with the
ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat
or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall
automatically become null and void by the enactment of this ordinance, unless acted upon prior to the
enactment of this ordinance.
90
CHAPTER 4-38
Planned Unit Development Distriet
SECTION:
10-13-1: Purpose and Intent
10-13-2: Authority
10-13-3: Definition and Size Limitations
10-13-4: Procedures for Establishment
10-13-5: Pre-Application Conference
10-13-6: Concept PUD Plan Review
10-13-7: Preliminary PUD Plat
10-13-8: Final PUD Plat
10-13-9: Amendments or Minor Revisions to PUD Plat
10-13-10: Conditions for Approval
10-13-11: Development Standards and Design Criteria
10-13-12• Fees
10-13-13: Separability
10-13-14: Effective Period of Planned Unit Development
10-13-15: Effective Date
10-13-1: PURPOSE AND INTENT:
Planned Unit Developments are unique and differ substantially from conventional subdivisions and
therefore require administrative processing as"Special Uses"under this Title.Planned Unit Developments
are a complex type of Special Use, potentially consisting of various land uses and design elements,
requiring the establishment of more specific procedures, standards and exceptions from the strict
application of the zoning district regulations to guide the recommendations of the Plan Commission and the
action of the City Council. 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 district regulations for innovative developments that provide valte to the eonununib, ever the
eenventional zoning disc jet an which is consistent with the eemprehensive plan planning objectives and
intent of the zoning ordinance.
id best possible Elesign of building forms and site planning for tfaets of Jand-A.A.'here unita
°s«adapt to topographic and other natural r°«..~ of sueh ° Under this procedure,well
planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in
combination,may be developed with design flexibility allowing for full utilization of the topographical and
environmental characteristics of the site.
Planned Unit dDevelopments must have an approved development plan which provides for a unified
design,contiguity between various elements and be environmentally compatible with the surrounding area.
There should be an increased benefit T''°• sl° 'a'° °° °~°'°„°F°°'°''°°«upon the health,safety and
general welfare of the people r'he e;typublic and particularly, in the immediate surroundings, than
developments built in conformity with a
standar°~ the underlying district regulations. If building density is
increased above densities allowable by the zoning district in which the use would be permitted on a
particular portion of a PUD;then the amount of open space,retention of existing vegetation,buffer areas,
73
new landscape,public commons, community open space, and parks shall be evaluated for proportionate
increase for the remainder of the PUD.
The Planned Unit Development is not intended to be a mechanism solely used for the allowance of
increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title,
rather a^immed.,.,:,developmentPlanned Unit Development-distr-ie4-shall generally provide attributes in
excess of conventional city zoning,building and other land use requirements such as,but not limited to the
following:by(this list being representative and not exhtmstiye):
A. Providing a maximum choice of the overall living environments by-allewing through a variety of
housing talc,design and layout of residential structures, commercial and industrial buildings, office
and research uses and public facilities4ypes;
B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts;
C.Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the
project-development plan and that is compatible with the immediate vicinity;
thf......hOUt two ae..oh.....,o.,t.ln Provide public access and pedestrian connectivity via_., F071,ment[KNoblel]:Language is redundant to
bicycle/recreational paths,sidewalks and/or alternative modes of transportation. sted under°F".
E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer
zones,and the provision of significant landscaping(in terms of size of landscape areas and quantity and
quality of landscape materials)within the developed portions of the site;
F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding
community through the use of building materials, signage and way-finding standards and-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.Provide a consistent signage theme.The use of signage design guidelines is required for multi-phased
projects.(Ord.2006-40,5-23-2006)
I. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale
commercial developments.
J. Encourage high-quality planned industrial park environments and well-designed business centers for
single or multiple-tenant facilities.
K. Provide/enhance regional public infrastructure such as transportation, water/sanitary service, storm
drainage,etc. Comment[KNoble2]:Added per the City
Engineer's request.
10-13-2:AUTHORITY:
A. The Plan Commission shall review and recommend approval,approval with modification or denial of
applications for Planned Unit Developments. The City Council shall have final decision to approve,
approve with modification,or deny applications for Planned Unit Developments.
74
B. The procedures set forth in this chapter shall apply to all Planned Unit Developments.
C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of
Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved
pursuant to the procedures set forth in Section 10-4-9 of this Title.
D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments;
provided,however,that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this
Title shall apply to all Planned Unit Developments.
10-13-3: DEFINITION AND SIZE LIMITATIONS:
A Planned Unit Development is a tract of land which is developed as a unit under single ownership or
control,which includes two(2)or more principal buildings, and which is at least four(4)acres in area,
except for planned developments operated by a municipal corporation which shall be at least two(2)acres
in area,and Planned Unit Developments in manufacturing districts which shall be at least ten(10)acres in
area.
All land area within a Planned Unit Development must be contiguous;provided that properties separated by
highways, streets,public ways,railroads or other public utility right-of-ways may be deemed contiguous
for the purpose of qualifying as a Planned Unit Development. Further, all procedures required by this
section for the establishment of a Planned Unit Development shall be applicable to the addition of property
to an existing Planned Unit Development.
10-13-34:(PROCEDURES FOR ESTABLISHMENT: comment[KNoble3]:CONSIDER:The
Preliminary PUD Plat and Final PUD Plat process
occurring concurrently as an incentive for PUD plans
A. Planned Unit Development applications shall be made as hereinafter provided and shall be that forward the official policies of the city;seek
accompanied by the required plats and documents.Detailed plans,drawings and other information limited zoning variances;and exceed the
as specified in this Title shall be required at the time of the various phases,meetings and hearings development standards of the Subdivision Control
as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being Ordinance and Design Guidelines.This"fast track"
in accordance with the Planned Unit Development requirements before proceeding to the next alternative can be determined by a score card or
stages• the publie hearing mid findings of faet shall fallew the rating system discussed at the Concept Plan level,
preeedure as attflined within seetien of this title as well as these eiitlified below.in the even!ef a allowing the petitioner to save time and resources.
conflict these procedures will,.ontfol The approval process shall includes the following stages:
Al. Pre-ap Application F
^en�renee°Conference.
142. Concept PUD pPlan-Reviewaiia zene faap amendmen.
63. Preliminary PUD planPlat.
4. Final PUD Plat ' Formatted:Indent:Left: 0",First line:
Tab stops: 0.69",Left+Not at 0.75"
B. The Preliminary PUD Plat and Final PUD Plat may be submitted and reviewed concurrently, as
determined by the Plan Council,based upon the following criteria:
1.The PUD plan forwards the goals of the city's official plans,including but not limited to,the
Comprehensive Plan, Integrated Transportation Plan, Downtown Vision Plan, Stormwater
Management Plan and various watershed development plans.
75
2.The PUD plan requires limited variances from the use or bulk regulations of the
conventional/underlying zoning district in which it is to be located.
3.The PUD plan exceeds the development standards and regulations of city ordinances, Formatted:Indent:Left: 0.63",Hanging:
including but not limited to,the Subdivision Control Ordinance,Landscape Ordinance,Sign 0.13",Space After: 0 pt,Don't add space
Ordinance,Design Guidelines and Water Conservation Ordinance. between paragraphs of the same style,
Numbered+Level:1+Numbering Style: 1,2,
3,...+Start at:1+Alignment:Left+Aligned
at: 0.75"+Indent at: 1"
10 13 3t DELINEATION ON ZONING MAP:
,IkppfE)ved planned unit developments shall be delineated and designated PUD and by number on the zoning
district map. A file, available for inspection by the public, shall be maintained by the zoning officer-
eaeb planned development so designated.The file shall eRntain a reeard of the approved development plan
and all exeeptiens uthe fizea therein,
10-13-45:PRE-APPLICATION CONFERENCE:
A.Purpose:The purpose of the pre-application conference is to provide adv-iee information,guidance and
assistance to the applicant before preparation of the concept plan so that the applicant may receive
informal input on:
1.Whether the proposed planned Planned unit-Unit deN,elefnnent will be in conformity
with the planning and tie-other development goals and the policies of the
United Ceity of Yorkville.
2. Whether the existing zoning and land use in the general area of the elassifieation of planned uni
developureotPlanned Unit Development is appropriate for the-a Planned Unit dDevelopment.
B. Procedure: Prior to filing an application for approval of a planned unit develepute t Planned Unit
Development,the petitioner shall be required to contact the city administrator or his designee to arrange
an informal pre-application meeting with city staff and its consultants.
L The pre-application conference is mandatory and shall be held with staff,but is at no charge to the
petitioner.At such conference,the applicant shall provide information relating to the following_
a. The location of the proposed planned unit developmentPlanned 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_ethefOther information neee,.sary to eleaFly explai°pertinent to the proposed-planned uni
develepmen 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 fora planned unit developnwntPlanned Unit Development.(Ord.2006-40,5-23-2006)
76
10-13-5: CONCEPT PUD PLAN RIEVIEWAND AMENDMENT OF ZONE
CLASSIFICATION TO PLANNED UP - 'MENT:
A._Purpose: The presentation of the-a eeneept plan Concept PUD Plan and requesting an afneftdfnent to
the ZORe rHap is optional, . The purpose of the
ea eept=p Concept PUD Plan is to enable the applicant to obtain the reeefffiflefidations formal
feedback of from the city staff and
eity 'City Council approval-oft ding the overall project concept, density and dwelling unit
number prior to spending considerable time and expense in the preparation of detailed preliminary
PUD plans.
B._Procedure: Not less than thirt)--fortv-five (304 days before the next available ram
^, . - teeting or plan eemmissionPlan Commission meeting,the applicant shall file an application
with the City elefk=sClerk's office for review of the conceptual plamied iiiiit devel pmen Planned Unit
Development plan. The lioatin" °hall ,.,..,44 efapplicant shall submit twenty (20) paper copies
folded to fit in a 10" x 13" envelope and two (2) CD's containing electronic copies (pdf Land .dwg
forma)of the following documentation: Comment[KNoble4]:The DWG("drawing")
format refers to files that are stored using two and
1. A completed notarized application form,two(2 originals and the remainder photocopies. three dimensional design data and metadata.This
file format is typically associated with AutoCAD
software and is compatible with GIS software.Files
2. The application shall be accompanied by the appropriate filing fee. saved as.dwg can later be printed out true-to-scale.
23. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial
photograph exhibit shall net-be less than nne-inch equals€eur huxdfedone-hundred(1"=400100)
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`'°me of pFoposed development
b.Outline of property boundaries.
c.Adjacent area within one-fourth(1/4)mile of property.
3.A zoning plat including a legal description of the property with total property acreage notated to be
included in the planned unit developmemPlanned Unit Development.
4.A written explanation of the general character of the proposed planned....:t de elep iei4 Tanned Unit
Development that shall include the following:
a. A description of all proposed land uses to be included in such district(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
edit de�eiepxireatPlanned Unit Development;
d.-An outline describing why the property should be developed as a planned um
n
develepx3extPlanned Unit Development;
77
e. Identification of the conventional zoning classification allowing the uses for each land use type
included and compatibility to the future land use designation for the property in the City's official
Comprehensive Plan;
f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development.
€g.A list of requested exceptions to applicable city ordinances and codes.
5. A written description of general site information that shall include,but shall not be limited to, the
following:
a. Existing site conditions.
b. Environmental characteristics.
c. Availability of community facilities and utilities.
d. Existing covenants.
56.A conceptual planned unit developme Planned Unit Development map-or-sketch or land plan.The
sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the
existing land condition,surrounding land uses and the proposed Planned Unit Development,and shall
include the following:
a.North arrow(true meridian),scale and date of preparation.
b.Name and address of the site planner,or engineer er-�who prepared the plan.
c.Name of property owner.
d.Name of petitioner/developer.
e.Proposed name of the planned unit developnwntPlanned Unit Development.
f. Location map showing the location of the Planned Unit Development within or proximity to the
corporate boundaries.
€g.Weposed land uses.Boundary and/or property lines of proposed development and dimensions of
the lots into which the property is proposed to be subdivided.
gh.Proposed land uses,and Ttotal acreage and percent of the site devoted to each land use:including
minimum and average lot sizes.
hi. Proposed location, layout and dimensions of streets,easements,lots
and blocks.
ii.Proposed dedication of land for school and park sites,if applicable.
jk. Land area to be used for common open space such as storm water basins, buffers, parks and
sidewalks,trail corridors,including layout and configuration.
ation.
78
�1. Proposed approximate building footprints and estimated floor area for all nonresidential
structures,if any.
Im.Maximum number of residential dwelling units.
rim.Gross and net densities for the entire Planned Unit Development and each land use.
o. Location of off-street parking and loading areas,number of spaces provided,and method used to
calculate the number of required spaces for each land use.
np.Location of existing AVwetlands,floodplain and floodways obtained and sourced from published
data.
eq.Location of lakes,ponds,streams,marshes,creeks and drainage swales.
pr. Existing wooded areas and other significant vegetation including description of predominant
vegetationflora s ep cies,types and sizes.
qs. Existing topographical contour lines with a minimum of five foot (S) intervals obtained and
sourced from published data.
rt. Location of existing and/or proposed water,sanitary and storm sewer systems(drains,inlets and
outfalls)intended to serve the development.
su.Proximity to existing and proposed transportation corridors and a,..riRe.,statement with regard to
tv.— Written deseription ef hew the existing wilities are planned te be extended to sen,e the
develep1i 13tA. Comment[KNoble5]:Propose to remove
requirements 1-u°from the concept plan to the
,..^.y other data reasonably necessary to provide an accurate overview of the proposed Preliminary Plan submittal requirements,do the
development. general nature of the review.
6.Other dee sinformation may be requested by the city at any time during the concept PUD plan
review process if it is determined necessary to eleafly evaluate theme
develop men Planned Unit Development.
7. The clerk's office shall have the application reviewed by the Zoning Administrator for substantial
completeness. If the application is not substantially complete, the applicant will be notified by the
ekgk cr,°°Zoning Administrator as to the deficiencies. The application will not be forwarded on
for further review until the application is substantially complete.
C._Plan Co ~°i Plan Council Review:Upon receipt of all the required submittals,the ele-k's o ffiee s___n
dirt bate copies of the application and supporting documentation shall be distributed to members of
the plan ee Plan Council.The plan Plan Council shall review the concept for the plafmed
unit Planned Unit Development and supporting documentation and make a
recommendation to the glaireatissiePlan Commission as to the proposal's compatibility with the
eit�s-City's compfelien ve i'°°planning objectives,transportation plan,recreation master plan,zoning
ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for
plarxstngdevel 21-g the city.
79
D.—park Board Review(if Applieable)�The padi board shall eefideet an ififaffnal review ef the eeneeptual
.I nit development plan and supporting documentation and provide the applicant with gen
«..t O the f 11.....:«..•
a. 1.Compatibility of the proposal with the recreation master plan and park development standards. Formatted:Indent:Left: 0",Hanging: 0.25',
Line spacing: single, No bullets or numbering
b. 2.Layeet and efganizatien of the open spaee systeffl.
e. 3.Complianee with the eity's land eash ordinanee for parks.
d. 4. Other doeumentation that the par4E board Y�,euld reeerarnead be prepared during the preliminary
plafmed tinit development plan phase.
e. 5.A formal reeeramendation by vote is net given fer a eeneeptual planned tinit developmee!plan.
K Plan Commission Reeeramendation: The plan eammission shall eanduet at least one Publie hearing i
the hearing witheiit further netiee being published. Aftef the elese of the publie hear-ing, the plan
commission shall recommend to the city council approval of!denial of the zone map amendment to PU
allov.,the yoneept for the planned unit development.The plan eomrnission shall base its-reeRmrnendatieff
1. The eompatibility of the proposal with the eofnpFeheasive plan, transportation plan, zoning ordinanee
and subdivision eontral ordinanee,
2.The appropriateness of the proposed land uses.
3.The appropriateness of the general layout of open spaee,streets,par-king areas,lots and buildings.
4.Existing uses of property within the general area of the subject property.
5.The zening elassifieatien of pfaperty within the general area of the subjeet pfeperty.
7.The trend of development,if any,in the general area ef the stibjeet preperty,ineludirig ehanges,if any-,
9.The impaet!hat the PUD will have upon traffie and tfaffie eenditions in the general area of the subjee!
F.City CettneiXity Council Review:The eoffH ittee of the..hole City Council shall conduct an informal
review of the conceptual planned unit developffiefi Planned Unit Development plan and supporting
documentation and provide the applicant with general comments on the following:
1. 4—Compatibility of the proposal with the ,arap_,hens..,plan, transportation plan, zoning
ordinance,subdivision ordinance and land use planning goals and objectives of the city.
2. 2—Appropriateness of the proposed land uses.
3. 3--Gencral layout of open space,streets,parking areas,lots and buildings.
80
4. 4-Other deeem"ts information the eity ee wg0ty Council would recommend be prepared
for the preliminary planned uni4 developmentPlanned Unit Development plan phase.
G.Mayor And City Council Decision:
deemed to have beeft denied.
14.Modifieations To Goneept Plan For The Planned Unit Development:After the approval of the eoneept
plan and Iment for the planned unit development, the use of land, eonstfuetion-,
gaveffied by the appfei,ed phfflned tinit development,father-than by any other-pfEwisiens of the zenifig
afdinaiiee of the eity.
No ehanges may be made to the approved eoneept plan for the planned unit developmeR4 unless
appFeved by the e4y. Changes to the plamed unit development vvill be determined by the
ehanges to the eefteept PUD plan afe madifieations that do tie! after the intent ef a p4anned --
by the city Pr designee,if the pfoposed miner change Eloes not result in the fallowifig:
a.An inerease in gross ae
0
quantity of any proposed unit t"e.
e.A change in the niixtufe of land uses resulting in a greater than ten percent(10,14a)change in
of an),proposed use.
e.A,.Lange in the f meti,nal,.1..ssi fieatien,.f..«,...,1wft
request for a miner ehange to the plan eonunission for review and r-eeommendation.
exeeeding the eritLria of F 44h a stituti.,g a minor eha
if a major-ehange is requested, the applioant shall Suh-Mit-a revised PUD eoneept plan and suppofting
data with an appheatien for a major ehange to the elerk's offiee and r-epeat the review preee"res set
forth in this seefien.
10-13-67:PRELIMINARY PUD PLANPLAT:
81
A._Purpose:The purpose of the Ppreliminary PUD phn+-Plat submission is to obtain approval from the eity
City that the plans the applicant intends to prepare and follow are acceptable as a pfelif.i a:y
Preliminary PUD planPlat, and that any final plans will be approved provided they substantially
conform to the^rte,-Preliminary Planned Unit Development plan flat.it will be deeffied a fflajer-ehange afld a new eaneept plan will need to be subffli
The prelirinnaf�,PUD plan must be substantially in eenfefmanee with the eeneept plan appfei,ed at
time of zone map amendment(if!he preliminat�,PUD plan is net subsiantially in eenfeffnanee with
the eeneept.d approved plan, ° ra.°a by eetion IQ 11 c of this ..hapt°r\ Approval of the prelinnflaf�
Preliminary~h-ffHw'""'t '°°°'°""' Planned Unit Development Plat shall not constitute authority to
proceed with construction of any improvements but rather an approval of the general features of the
plans as a basis for preparing the final plans.
B._Procedure:Not less than forty five(45)days before the flan Commission meeting,
the applicant shall file an application with the elerk!sClerk's offlee Office for pre'amiaarj-Preliminary
planned nnit Planned Unit Development Plat approval. The appkeatierrapplicant shall
submit twenty(20)paper copies folded to fit in a 10"x 13"envelope and two (2) CD's containing
electronic copies(pdf and.dwg format)of the following documentation:
1 One e . of the ,,,._.ipleted .feli...:«..ry planned unit development c w completed notarized
application form,two(2)originals and the remainder photocopies.
2. The application shall be accompanied by the appropriate filing fees.
ees.
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 014)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 a°'elop e tPlanned Unit Development planl?lat. The plan-plat shall be a
detailed plan which includes at a minimum,the following information:
a. a.-Title notation stating"Preliminary Plat"or"Preliminary Plan".
a.b.North arrow,scale(not less than 1 inch equals 2-OW100 feet)and date of preparation.
1}c_b-Name and address of the site planner,engineer or surveyor who prepared the plan.
e:d_e-Name of property owner.
�e_d-Name of petitioner/developer.
t-f e—Proposed name of develepR.eatthe Planned Unit Development or subdivision name,
which shall not duplicate the name of any plat previously recorded in Kendall County.
82
€.g_f-.-Location map showing the general area of the Planned Unit Development within or
proximity to the corporate boundaries.
h_g:Legal description prepared by a registered land surveyor.
g i. Boundary lines-bearings and distances.
h:L_h:Site data,including,as applicable:
1) Current zoning classification. t — Formatted:Indent:Left: 0.92',Space After:
8 pt,Line spacing: 1.5 lines,Numbered+
Level:1+Numbering Style:1,2,3,...+Start
Q_Total area of property in square feet and acreage,and aereage-and percentage of each at:1+Alignment:Left+Aligned at: 0.92'+
Indent at: 1.17"
proposed land use.
percent of site coverage with buildings.
4��" ^' �"°° °F r°�:a°°'�°' '°'° Square foota eg and percent of site coverage with
impervious surfaces.
5) Square footage and percent of site covered dedicated to common open space such as
storm water management systems,landscaping and buffers,parks,trail corridors and
recreational areas.
6) Total number of off-street parking and loading spaces provided and method used to
calculate the number of required spaces for each land use.
7) Total number of buildings.
8) Total number of residential dwelling units by type, and the number of bedrooms in
each dwelling unit type.
91 Gross Floor aArearfor all non-residential buildings/uses.
10 Gross and net resident ae
' a°n°itydensities 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 PM 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.
83
gib.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.
241D_Minimum,maximum and average lot sizes.
Percent of lot coverage for all uses except detached single-family and duplex.
4) identify the yonventisnal 7sning elassifioation used to define eaeh land use and list
- anted by the ooneept plan approval,ifa*y.
12) Formatted:Indent:Left: 0.92",Space
Before: Auto,After: 8 pt,Line spacing: 1.5
€eur£�f�4 Hlile ite. lines,Numbered+Level:1+Numbering Style:
1,2,3,...+Start at:1+Alignment:Left+
Aligned at: 0.92"+Indent at: 1.17"
k. Depiction of Lots:
a. Residential lots shall depict approximate lot dimensions;building footprints for all multi-
family and single-family attached structures;and dimensioned required yard setbacks.
b. Non-residential lots shall depict building footprints and dimensioned setbacks.
Information regarding purpose/use and height of non-residential buildings shall also be
provided.
Existing zoning and ow eis land use of adjacent property within five hundred feet(500')of all
sides of the site.
m. Other conditions on adjoining land-actual direction and gradient of ground slope, including any
embankments or retaining walls; character and location of major buildings, railroads,power lines
and towers.
k-.n. Owners of adjoining un-platted land;for adjoining platted residential land refer to subdivision plat
by name, recording date and number. Show approximate percent built-out, typical lot size and
dwelling type.
1-0. Municipal limits.
rrrp_l-School district boundaries.
05.Existing easements-location,width and purpose.
r. 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.
s. Proposed public improvements such as highways and other major improvements planned by public
authorities for future construction on or near the property.
84
t. 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.
u. Ground elevations on the property and on the first fifty feet(50')of all adjacent parcels showing a
minimum of one foot(1')contours for land which slopes less than one-half percent('/z%)along with
all breaks in grades,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.
v. Subsurface conditions on the property shall be shown,if deemed required by the City Engineer or an
outside consultant.This includes the location and results of tests made to 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.
rrw. 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.
e. n.Residential lets with appr-axifna4e diffiefisieiis.
p• o.Location of rnulti family and single family attached building&.
q. „ Footprints of nonfesidential build ngs t-— Formatted: No bullets or numbering
f. El.Ffent,rear-,side yard and eofner side yafd sethaeks.
sx_r—Location of all proposed Off off-street parking and loading areas, including number and
dimensions of parking spaces,drive aisles and loading zones.
Fys-Configuration and acreage of all land proposed as open space including storm water management
areas,parks,buffers,and trail corridors.
irzt.—All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and
similar public and quasi-public uses.
waa.u-Pedestrian and/or bicycle circulation systems.
v.Existing vegetation.
w—w—Limits of jurisdictional and non_jurisdictional wetlands.
85
x.Linlits of inn year Fleedpia:~ Formatted:Indent:Left: 0.19",Hanging:
0.19",Numbered+Level:1+Numbering
Style:a,b,c,...+Start at:11+Alignment:
.. Surf ^°...^t°.-including lakes ponds,st..eams and drainage swages ' Left+Aligned at: 1.42'+Indent at: 1.67"
Formatted:Indent:Left: 0"
bb.°.E*fisting eeiiteuf'i~^^with^ °feet('"in al ' Formatted:Indent:Left: 0.19",Hanging:
0.19",Numbered+Level:i+Numbering
Style:a,b,c,...+Start at:11+Alignment:
*-.cc.—Any other data reasonably necessary to provide an accurate overview of the proposed Left+Aligned at: 1.42'+Indent at: 1.67"
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 The plan shall be aeeempanied by ^ A feasibility report or statement from the sanitary districts Formatted:Numbered+Level:1+
attesting to the capability of the existing sewer system and wastewater treatment facility to service Numbering Style:a,b,c,...+Start at:1+
the proposed development. Alignment:Left+Aligned at: 0.28"+Indent
b. Preliminary stormwater report. at: 0.53"
c. Preliminary mass rgradingplan.
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.
Phetemetfie plan(for nonfesidential developments e4y). The photometfie plan shall be super-iff1posed on
nd shall:
a.7dentif.,the 1,.e tiers and,,,fights of all light..t^,.,7afds
b.identify foot eandle intensities on the site of the planned tmit development,and ten feet(10')bey
pfoposed p lines.inelude speeifieations for proposed• lighting,ineluding waaage,methed of illufnina4ion,and ealer of
light standards and luminaries
9. Architectural drawings. When t°a by plan eofmnissian or eity eetmeil, reli naf 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_
86
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 emit shall be described and mapped on the project. Overall
design of each unit shall be shown on the plan and through supporting graphic materials.
a-.c. Dates for beginning and completion of each stage.
11. The plan eeminissionPlan Commission or may-eetin i'Citp 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 iinit d&velepme Planned Unit
Development will have on all taxing bodies,and anticipated revenues to such taxing bodies which
will be realized from each phase of development.Information shall include detailed estimates on:
1) Expected population of the development;
2) Impact on service and/or operating costs to be incurred by each taxing body as a result of
the development;
4�3)Any major capital investments required,in part or in whole,by each taxing body due to
the development;
b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws.
c. 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.
ee. Other information that may be required by the plan eoinafflissionPlan Commission or city
eeaneilCft Council.
C. n
l
_Aarun Counefl^° ^�l^ 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-eou*& Plan
Council. The plan eeaneilan Council shall review the ^~=te==a=~apy—Preliminary platxied trit
x
develepxie»tPlanned Unit Development Plat and supporting documentation and make a
recommendation to the plaft eaffifnissienPlan Commission as to the proposal's eefleiiffeliey with ---
ompatibility with the city's^ rehensi a plan
planning objectives,transportation plan,recreation master plan,zoning ordinance,subdivision control
ordinance, annexation agreement, and other goals and policies for planning-developing the city.-A
tFa ffi..:..,paet stud),will be prepared by the eit„as part of the plan....unei1',.review
87
pfelirnmai-y planned unit development plan and supporting documentation. The park board shall
approval to be ineoFporated into final plans and suppaFting daeumentation.
BD. lan Commission Review:The flan Commission shall conduct
a public hearing in accordance with Illinois Compiled Statutes.After the close of the public hearing,
the flan Commission shall recommend to the eity Council approval or
denial of the pfeliminaf�-Preljminary„h%mie' anA`e .lepw.°°`Planned Unit Development glan lat.
The recommendation may include conditions of approval intended to be incorporated into final plans
and supporting documentation.
E. (Park Board Review:When applicable for the Park Board to conduct a formal review of the Preliminary Formatted:Indent:Left: 0",Numbered+
Planned Unit Development Plat and supporting documentation,the Park Board and Plan Commission Level:1+Numbering Style:A,B,C,...+Start
shall hold a joint review meeting and forward their recommendations to the City Council. The at:1+Alignment:Left+Aligned at: 0.25"+
recommendations may include conditions of approval intended to be incorporated into final plans and Indent at: 0.5"
supporting documentation.) Comment[KNoble6]:After further discussion
with the City Attorney and City Administrator,Staff
1) Park Board Review (If Applicable): As part of the Park Board review of the Preliminary proposes a"joint review'by the Plan Commission
Planned Unit Development Plat and supporting documentation,consideration shall be given to and Park Board when Park Board review is
p pp g � applicable for PUD approval(residential
the following standards: development).
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.C:. �City Council Review:Subsequent to receiving the Plan Commission and
garb beardPark Board recommendations,the eity-ea City Council shall conduct a public hearing
and shall approve or deny the application for the grelirNiaarPreliminary plaxt3ed unit
deN,elepffiefPlanned Unit Development glanPlat.
49—._N4adAea4iefis To Pfelifninary Plaft For The Planned Unit Develepmefft� After the appreN,al of the
planned unit development,the use of land,construction,modification or alteration of any buildings-Of
stmetures within the planned unit development will be govemed by the appFoved plamed unit
development,rather than b),any other provisions of the zoning ordinanee,of the e ty.No ehanges may
be made to the appFoyed plamed uni4 development un4ess approved by the eity. Changes to
planned tmit development will be detefinnined by the eit),adfr4nistfmor,or designee,to be one of the
1.Miner ehanges to the preliminafy PUD plan afe medifieations that do net alter the intent of a planned
a. A increase in de
%)ehang
quantity of any proposed unit Vfpe.
88
dl Any change in grading o utility..
a
pfopesed use
g.Any ehange to ex4erier elevatiens of buildings whieh alter ,building materials,approved e
schemes o elt in ,.Lange in rehiteetuf l style
..Lange to the..laft eefiffnissieii f r reyiew and re,.,....ffie fidat:er.
' — Formatted:Indent:Left: 0",Hanging: 0.25",
Space Before: Auto,After: Auto
if a major change is requested, the applicant shall submit a fevised PUD prelifflinafy plan a
g data with an application for a majof ehange to the elerk's offiee,not less than"five(45)
Fe the plan eommission meeting.The plan eonwnission shall feeommend to the eity eounM
and paf4E board (when applieable) reeefrAnendatiens, the eity eouneil shall appreve or den), the
-- Formatted:Font:10 pt,Not Bold
10-13-8: FINAL PUD PLAT:
A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall
County Recorder of Deeds,shall be prepared by the petitioner for consideration and approval by the
city. The purpose of the 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.
reas.
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)CD's
containing electronic copies(pdf and dwg format)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.
89
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
t] 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 f 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 proiect will be built, with emphasis on area, density, use of
public facilities,and open space to be developed with each stage.
ii. Each stage as a separate unit.The unit shall be described and mapped on the project.
Overall design of each unit shall be shown on the plan and through supporting
graphic materials.
iii. Dates for beginning and 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.
90
10-13-9: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 fivel percent(5%). _-- Cmment[KNoble7l:Changed to s%
ii. An increase or decrease in the mixture of residential dwelling unit types greater than [tho,,u ghout from 10%per ZC recommendation.
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 five percent
N.
v. Any reduction in area of common open space, landscaping or buffering particularly
when reduced below the minimum standard prescribed in Section 10-13-11:
Development Standards and Design Criteria.
vi. Any significant changes in building layout,orientation or height of buildings.
vii. A change in the functional classification of a roadway.
Minor changes not approved by the City Administrator may be appealed by the applicant or
property owner to the City Council without review and recommendation by the Plan
Commission or Park Board(when applicable),unless the City Council refers the request for a
minor change to the Plan Commission or Park Board (when applicable) for review and
recommendation.
B. Maior Changes: Maior 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 (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.
91
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 13 7i DEVELOPMENT STANDARDS:
Tlae density,tninnnilm-let si-Fta and minimum setbark dimension fiew each use proposed within a PUD shall
be determined by the eotweational zoning elassifieation whieh would peffnit the proposed use unless-a
Plan commission shall make findings and recommendations to eity council for approval of the planned unit
development,based upon the fol
Ane«o4-..1.
1.The uses permitted by sueh e�keeptions as may be requested or reeoffffneaded are neeessary or desifa
and appfopfia4e to the purpose of the development.
detrimental influenee of!effect upon the surfounding neighborhood.
1. That all ..ents pertaining to eommereial, residential, institutional or other uses
P-StahliShAd in be subjeet to the requirements for eaeh individ
elassifieation as established elsewhere in this title,exeept as may be speeifieallyvaried herein granting and
4.There is no fflininnon distriet size required for a PUD.
5. Whefevef the applieLmt proposes to provide and set out, by platting, deed, dedieation, restrietion ef
covenant,any land or space separate from single fimiily of multi family residential distriets to be used
parks, playgrounds, eonunons, greenways or open areas, the pinan May eonsider and
eempfehensi3ve plan, subdivision regulations and the zoning ordinanee whieh may inelude, btlt not-
neeessafi4y be limited to,the fell
a.Rear ra
b.Side
.Tc c- ot area.
d.Belk.
e.lotensity of.
f-.Street wiEhh.-
g.Sidewalks.
1 D„1
i.09 sireet parking,
D Residential:
7 Use regulations:
a.Uses proposed are eonsistent with tbase limed as allowable tises in the feSpeeti,,e ZE)flifig diSnietS.
3.Uses listed as speeial uses in the zoning distriet in"ieh the development is leeffted may be allowed.
92
driveway of pedestri-an ,Al,n-].I-c.easem—efit.Off sty-eet parking facilities fef stich dwelling shali be located
nRt More, than PA 0 hundred feet (200') ffofn the dwelling served. The plan oonmnission also may
neep-m-mend- Find the eity eauneil may approve yards of lesser ivid-ths or depths than required for
peffftitted uses in the zoning elassifieation w-hieh the planned dewlepment is ineluding,provided:
a.Those pr-otective eovenants are reeorded with perpetual aeeess easements and og street parking
spaees for use by the residents o f the dwellings s .e,i
b. That spaoing bet-ween buildings shall be eonsistent with the appliea4ion of reeogni7.ed ,;ite
the ope....,ess ne«..,.,11y a ff-e«,led by ifiten,e,.ing sifeets and alleys
e. The yards for prifteipal buildings along the pefiphefy of the develepment shall be ne!less in wid4h of
depth than required for permitted tises in the distriet in whieh the planned development is ineltided and
plan is developed to aMr-d ade 3 neighboring pro. iended by the plan
eonunission and approved by the
specified
1.Residential use may be ineltided as paft of a nonfesidential planned tinit development.
2.All walks within the plaBfled unit development shall be pai,ed with a hafd s-uffaeed fnatefial meeting
the speeifieations a f the eity engineer,
3.Any part of the planned development not used for buildings,loading and arcessways and walkways
shall be landseaped with grass,the plan e trees,
plan reeommended h., and approved by the eity eauneil.
4.PoR:nitted-huSiness uSes Shall be preseribed in the ofElinanee granting the planned development.
5. The buildings in the planned development shall be planned and designed as a unified and single
6. Biisiness- developments shall be adequately soreened by feneing or landseaping or both along the
10-13-10: CONDITIONS FOR APPROVAL:
The Plan Commission shall not recommend approval of nor shall the City Council approve a Special Use
for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat
unless the proposed development or amendment provides the following standards:
1. In what respects the design of the Planned Unit Development does or does not meet the
requirements and design standards of the development standards and design criteria,
2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in
the zoning ordinance and how the modifications in design standards from the subdivision control
regulations fulfill the intent of those regulations.
3. The extent of public benefit produced,or not produced,by the Planned Unit Development such as
but not limited to, the adequacy of common open space and/or public recreational facilities
provided; sufficient control over vehicular traffic; provision of public services; provision and
protection of the reasonable enjoyment of the land.
93
4. The relationship and compatibility,beneficial or adverse,of the Planned Unit Development to the
adjacent properties and nearby land uses.
5. The extent to which the Planned Unit Development does or does not fulfill the objectives of the
Comprehensive Plan or other planning policies of the City.
6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards
for Special Use as defined in Section 10-4-9 of this Title.
10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: Comment[KNoble8]:Section can incorporate
the planning principles stated in the"New
A. Purpose:The pumose of this section is to establish and provide a comprehensive set of standards and Comprehensive Plan Design Guidelines for the
guidelines in which Planned Unit Developments are designed. While s ecific recommendations or United City of Yorkville"adopted May 26, via
� p for Ord.No.2006-28.(Smart Code Technique))..
development and design are provided, flexibility is also encouraged through guidelines which enable **Caveat-If any of these design guidelines are
individual developments to be distinct from one another while maintaining the inherent character of the modified or updated in the future,it will require a
Cj text amendment to the Zoning Ordinance and public
hearing.**
B. Applicability: These standards and established criteria shall apply to all newly constructed buildings
and sites within a Planned Unit Development. Each proposed development will be evaluated on its
compliance with the established regulations/guidelines contained herein.
C. Density:The density,minimum lot size and minimum setback dimension for each use proposed within
a PUD shall be determined by the conventional zoning classification which would permit the proposed use
unless a variance is specifically requested as part of the Special Use request.
D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use or a
mixture of land uses when applicable and when different intensity of land uses are appropriately
buffered or separated.
1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning
districts.
2. Uses listed as special uses in the zoning district in which the development is located may be
allowed.
E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a
driveway or pedestrian walk easement.Off street parking facilities for such dwelling shall be located
not more than two hundred feet(200')from the dwelling served.
F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths
or depths than required for permitted uses in the zoning classification which the planned development
is including,provided:
a.Those protective covenants are recorded with perpetual access easements and off street parking
spaces for use by the residents of the dwellings served.
b. That spacing between buildings shall be consistent with the application of recognized site
planning principles for securing a unified development and that due consideration is ivg en to
the openness normally afforded by intervening streets and alleys.
c. The yards for principal buildings along the periphery of the development shall be not less in
width or depth than required for permitted uses in the district in which the planned unit
development is included and the plan is developed to afford adequate protection to neighboring
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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.
10-13-812:FEES:
The City n'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 pested-filed in the clerk's office and may be altered or amended only by the
Gite'City Council.Until all applicable fees,charges and expenses have been paid in full,no action
shall be taken on any application or appeal.(Ord.2006-40,5-23-2006)
10-13-113: SEVERABILITY:
Each section,clause and provision of this chapter shall be considered as separable,and the invalidity of one
or more shall not have any effect upon the validity of other sections,clauses or provisions on this chapter.
(Ord.2006-40,5-23-2006)
10 13 10!REPEAL OF CONFLICTING ORDINANCES:
Any and all other oMinances or-paFts of ordinanees,in eenfliet herewith are r-epealed.(Ord.2006 40,5 2-3--
2886)
10-13-14:EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT:
A. The planned unit development shall be constructed in a timely manner.The planned unit development
shall be subject to revocation under the following conditions:
1. Final 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.
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C. The City Council shall consider,but not be limited to, the following standards in the review of the
status of the project construction to determine whether there is reasonable cause for delay.
a. The original program of development with regard to market demand for the components
included in the final plan;
b. Conditions in the real estate finance market
c. General economic conditions in the local area,state or re ig on;
d. The ability and pumosef ilness of development operations for the Planned Unit
Development;and
e. Laws,ordinances or other regulations that may have affected timely development of the
project.
D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-13-
14C,the City Council shall decide whether:
a. To revoke those portions of the Planned Unit Development for which construction has
not begun;
b. To extend the time allotted for construction to commence based upon a revised schedule
of construction,or
c. To require special changes in the Planned Unit Development as a condition of a time
extension,whereby such changes shall be deemed a"major change"to the Planned Unit
Development.
E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted
uses and other regulations of the underlying zoning district of which it is a Special Use unless an
amendment or other Special Use is initiated by the City Council or is applied for by the owner of the
parcel of land on which the Planned Unit Development was to be constructed and granted by the City
Council.
10-13415:EFFECTIVE DATE:
This ehaptef ordinance shall be in full force and effective immediately after passage, approval and
publication in book form according to law.(Ord.2006 ^^ 5 23 2006) and its regulations shall be in effect
except where a Final Plat for Planned Unit Development has been approved and building permit issued
prior to the enactment of this ordinance, and further providing that substantial change of position,
expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building
permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan
Review,or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned
Unit Development(Ord. 2006-40,5-23-2006)shall automatically become null and void by the enactment
of this ordinance,unless acted upon prior to the enactment of this ordinance.
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