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Zoning Commission Packet 2010 10-27-10 f.0 car o United City of Yorkville J su '" 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 CLE �w AGENDA ZONING COMMISSION MEETING Wednesday, October 27, 2010 7:00 P.M. Parks & Recreation Administration Office 201 W. Hydraulic 1. Welcome 2. Roll Call 3. Approval of Se tember 22 2010 meeting minutes 4. Old Business: a) Continued Review and Comment . of Previously Revised Zoning Chapters • Chapter 2: Rules and Definitions—page 7, 8, 15 and 19 • Chapter 3: General Zoning Provisions—page 26, 27, 28, 29, 30, and 31 i. Table 1: Permitted Accessory Buildings, Structures and Obstructions 5. New Business: a) Review and Commentary • Chapter 4: Zoning Administration • Chapter 5: Zoning Districts and Maps • Chapter 6: Permitted and Special Uses • Chapter 7: Dimensional and Bulk Regulations 6. Adiournment 7. Next meeting date: November 24, 2010 Page ] of 3 DRAFT UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday, August 25, 2010 7:00pm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Board Members in Attendance: Michael Crouch,Chairman Jeff Baker Al Green Greg Millen Gary Neyer(7:08pm) Absent: Pete Huinker Phil Haugen ON Officials in Attendance: Krysti Barksdale-Noble,Community Development Director Guests: None Meeting Called to Order: Chairman Michael Crouch called the meeting to order at 7:04pm. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: July 2$,2010 July 28,2010 minutes were approved as read on a motion by Jeff Baker and second by Al Green. Approved by unanimous voice vote. Continued Review and Commentary of Previously Recommended Zoning Chapters A: Table of Contents Ms.Noble indicated that all new/revised sections in the Table of Contents have been highlighted.The following chapters have been re-named:Dimensional and Bulk Requirements(formerly Dimensional Requirements),R-1 and R-2 under Residential Districts has been renamed Single-Family,and Telecommunication Towers,Antennas, and Facilities(formerly Telecommunication Facilities). Discussion Mr. Baker would like the Residential Districts to have additional clarity provided;R-1 and R-2,along with R-3 and R-4 both have the same titles.The group agreed that Ms.Noble would research other communities, to see how their residential districts are titled. Page 2 of 3 B: Chapter 1:Zoning Purpose and Interpretation Title 10-1-1 was modified as underlined,to reflect that this document is continually changing.Authority and Applicability were added to the document. Ms.Noble stated that Applicability includes a disclaimer,so that someone would not be able to claim that this document does not apply to their particular lot/structure.Title 10-1-4 was modified as underlined.Title 10-1-4 Descriptors N-R&U were added as underlined,reflecting chapters which the Commission had previously reviewed."N"reflects the Conservation District;"O" reflects Conservation District trails; "P" is regarding the Historical District; "Q"refers to alternative energy; "R" incorporates the Comprehensive Plan;"S"adds the word gradual;"U"allows for prescription of penalties for violations. Discussion Mr. Baker would like language added that the Subdivision Control Ordinance applies to not just new projects,but also older/existing properties within City limits which date back to 1850,so that older parts of town are maintained and upgraded to the same standards(curb,gutter)as new developments.Ms.Noble suggested that the verbiage"the Subdivision Control Ordinance shall apply to all properties located within City's corporate boundaries as of the date of adoption of this ordinance"would suffice.Mr.Neyer believes that requiring conformance to the Subdivision Control Ordinance with no exceptions may create some difficult situations and unnecessary expenses, which could hamper the City's ability to make improvements. Mr.Crouch suggested that the Subdivision Control Ordinance could benefit from increased flexibility and language stating that the topography of the area in question should be considered before applying a firm rule regarding improvements within older/existing areas.Ms.Noble summarized the discussion by stating that the language referencing the Subdivision Control Ordinance can be referenced in the Intent and Purpose, however the specific zoning district chapters is where the requirements will be spelled out. Mr. Neyer expressed concern that"R"may cause difficulties with flexibility when new developments are proposed,as future decision makers may not know that the Comprehensive Plan is intended to be used as a guideline only.Mr.Green reminded everyone that as the guest speaker Ronald Cope stated last month the Comprehensive Plan is a sub-document,and cannot trump the Zoning Ordinance.The group agreed to modify"R"to state that the Comprehensive Plan's objectives shall be considered,as opposed to implemented and advanced. A Separability Clause was added at the end of Chapter 1. C: Chapter 2:Rules and Definitions Discussion The title for 10-2-2 was amended and new rules E-G were added."E"was further amended to state "calculated to the next foot". Mr.Green pointed out that 10-2-2,"D" is confusing how it defines a building,and that it is in conflict with the official `building' definition as stated in 10-2-3. Lot Line, Front: Ms.Noble stated that the shortest side of a lot as the front of the lot will allow for better usage of the lot. Mr.Neyer would prefer that the word"shall"is replaced with the word"may",so that extenuating circumstances allow for flexibility(for example: trying to fit a desired house plan onto a lot but it won't fit on the shorter side). Dayeare Facility: Mr. Green inquired as to the four(4)hours childcare timeframe-if care is provided for two(2)or three(3)hours, is that not a daycare? Ms.Noble will review the Dept. of Children&Family Services definition,so that the definitions are consistent. Dwelling, Unit:The comma in between divelling and unit will be removed. Several graphics were provided at the back of this chapter; Ms.Noble will format as necessary once all review is complete. Page 3 of 3 D: Chapter 3:Zoning Provisions Ms.Noble stated that all references to fences were removed,as this topic will be modified and addressed in a later chapter. Discussion Title 10-3-1 will be modified to incorporate the comments from"E"with those in"B".Mr.Neyer stated the definition for Building Height Measurement as stated is not consistent with the graphics;Ms.Noble replied that the graphics are samples only, and will be revised to match all text.Mr.Neyer stated that if building height is changed from the highest point or parapet to the ridge,then the maximum allowable height should be increased.Mr. Baker would like to include water tanks in building height."Fire towers"as stated in"B" will be removed."D"was questioned by Mr. Baker;Ms.Noble stated that flag lots have accessibility issues because they have no street access(for example,the lots on Game Farm Road which share a common driveway).The definition for a flag lot will be reviewed and discussed again;criteria for justifying a flag lot will be established.Landlocked Lots will be added to define lots only accessible via an easement. Title 10-3-21 Fla.: Mr.Neyer feels that encroachment by 6" is too generous; he would prefer this revised to state 3". Title 10-3-5: Language was added,stating permitted accessory buildings and structures;until now swimming pools were not listed as a permitted structure in Yorkville.Ms.Noble wilt draft an example of a table/chart Iisting permitted accessory buildings and structures. "B"will be grammatically amended,to clarify ambiguous wording.The group does not want to prohibit those with large lots from installing multiple accessory structures; however they also do not want someone to fill their yard with so many accessory structures so as to offend neighbors and prevent drainage.Yorkville does not have a Floor-Area- Ratio for residential zoning districts(although the maximum lot coverage is 30%of the lot).The group agreed to completely remove"E". Title 10-3-7:Utility trailers will be incorporated into the language in this section.This section is written so that temporary parking of trailers requires a permit.As written,this section isn't clear regarding permit issuance and"visiting persons". Mr. Green would like the definition of a recreational vehicle and travel trailer cross referenced.The group agreed to think about this further, and discuss at the next meeting. Title 10-3-8: Ms.Noble stated that the City does not have the authority to regulate airports which are not within the corporate boundaries,and those which are within corporate boundaries are regulated by the Illinois Department of Transportation Aeronautics Code.The closest airport is in Plano,approximately 22,000 linear feet from the Yorkville planning area.The group agreed to remove this section entirely. It was the consensus of the Commission that next month's discussion will pick up on page 31 of Chapter 3: Zoning Provision Additional Business: The next meeting will be held on Wednesday September 22,2010 at 7:00pm,and will be held at the Parks and Recreation Building at 201 W. Hydraulic Ave. Adjournment: There was no further business and a motion was made by Mr.Green to adjourn the meeting.Mr. Baker seconded the motion.Meeting adjourned at 9:43pm. Minutes respectfully submitted by Jennifer Woodrick CITE, J= °116 Memorandum EST. , 1836 ��— To: Zoning Ordinance Commission 0 jl{, ` Oy From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator <LE �V Date: October 22, 2010 Subject: Zoning Ordinance Update–OLD BUSINESS Per the discussion and recommendation of the Zoning Commission and a preliminary review by the City Attorney, the following revisions of the first four (4) chapters are proposed for consideration. Please note only the pages that have been revised are attached: Chapter 2: Rules and Definitions • Page 7 regarding revisions to the definition of "Daycare Facility" and a new definition for"In-Home Daycare". • Page 8 regarding revisions to the definition for "Multiple-Family Dwelling' and a new definition for"Dwelling Group". • Page 15 regarding revisions to the definition for"Planned Unit Development'. • Page 19 regarding revisions to the definition for"Travel Trailer". This Chapter rezardinz definitions will need to be revised throu bout the review process, as the updating of each Chapter mav include new terminolozy. Chapter 3: General Zoninz Provisions • Page 26 regarding "Flag Lots"; regarding the reference to the new definition for "Dwelling Groups"; and regarding a reference to "Table 1: Permitted Accessory Buildings, Structures and Obstructions" (table located at the end of the chapter). • Page 27 regarding relocation of"Recreational and laundry drying equipment" under permitted obstructions in rear yards. • Page 28 regarding a reference to "Table 1: Permitted Accessory Buildings, Structures and Obstructions" (table located at the end of the chapter). • Page 29 regarding proposed new language for the location of trailers stored on residential lots; and a comment from City Attorney regarding the Zoning Commission's previous recommendation to remove the requirement for trailers to be stored on a hard surface. • Page 30 regarding Performance Standards. • Page 31 regarding revisions to the criteria for In-Home Daycares under Home Occupations. COMMUNITY CENTER: A building or structure used as a place of inceting,recreation or social activity,generally open to the public and designed to accommodate and serve significant segments ofthe community. CONFORMING BUILDING OR S'1RUCTURF: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 to 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 cnclused 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. DAYCA REFACI F.ITY:mean,aliv,olbi_�?,N_P,�lll� h, hr';0AC I,iin, el:-fthildren and Family Srrvlccs{DC Sl Which rcerdarlV nroVtlt-TLY �2nr� L•: I ::_: : : ^,i„Ilui,Ihreet3lchildrenunder the Ipc ofthirteen(l3)in a facility oih ralwr a Eyni.ily l::11uL.itlk-UlkIni:,rlvoi ;eilell 4yrd,l,m Gommeart[KNoblel]:Hevlsed per City Attorney comment based upon the Illinois Child-CxreAdof DAYCARE,IN-Idi)ME:_mmsmw iii lwiiwc ch&i uire sur:rye°hwcrt e.l 1wv 11w lode i1�7uni entof Childrenand t969,asamended. Family Senices(MFS)which Mein i i�':t1�,-1,1 -.�.31L`tint I�-,a 71ESi7e x I[i r ai-: h;,r:,�._4_.i+r rl,,Yia Slit�G_t_CIIIIdrell_1mdeT the we ofthirteen 113)in a family ho i Ummart[KNohlQ]:[bid. DECIBEL(dB):A unit of measurement of the intensity(loudness)of sound.Sound level meters which are employed to measure the intensity of sound are calibrated in"decibels". DENSITY,GROSS:A ratio of the total number of dwelling units on a site,divided by the total acreage of the site, to include streets,schools,parks,etc.,expressed as dwelling units per acre. DENSITY,NET:A ratio of the total number of dwelling units on a site,divided by the number of acres used exclusively for a residential-type acreage not to include schools,parks,streets,etc.,expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are famished. 7 DISPI.ACE M ENT(Earth):The amplitude or intensity of an carthborn vibration measured in inches,The displacement or amplitude is one-half(i/,)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 budding 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 budding,portion of a budding 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,tw.+-4tnrrdvciu dwelling units, ton nhontes 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 x nbm a single structure tin,eparale lot',rach oI"which hat ins inde»rM&nt 1A1nc ctuartci.wdL ditecl access to the uutsrdc. — DWELLING GROUP:A group of two or more single-family.dnpIA.lownhome and lot tnultiole family dwellings cunS ine_a ttuels Plandxttde[a single ownershig and having a yard or court m co_mm_n_n_excluding hate- a t mole is. I Comment[KNoble3]:tlewdefrnwit per My Attorney to define the term'Dwelling Group"used ] DWELLING,MULTIPLE-FAM-I Y:Abuil dingnrpoil ionthereof,designedorallm d.Toroccupancybythreetwo, Itosection10-3-2tt. (,a.)or more famifics liking independently of each other with in a single or atta.:lied Structure on one lot.which may �_ � �� IT P1 Id_n uyi<h.n ni11 n,cnu,inie;nr nlh4r,paces and includes a»armneats,grnus�h,im s,and condominiums. Comment[I(Noble4]:HavisedpercltyAttom h, comment to Include two-flat apartment3ttile DWELLING,SINGLE-FAMILY;A dwelling unit designed exclusively for use and occupancy by one LLL family dwelling units. which is detached lion ally other dwellure 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 t 3Lor more attached units on separate lilts 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 OPACI'T'Y:The shade on the Ringehmann Chart that most closely corresponds to the density of smoke,other than black or gray. 8 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 Dne-story garages for single-,two-,or multiple-fancily 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. PI IILANTROPIC INSTITUTION: Any budding or group of buildings devoted to and supported by charity. PLAN COMMISSION:The plan commission ofthe 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 to area,except for planned developments operated by a municipal corporation which shall be at least two(2)acres in area,and planned unit develonm nL.in manufacturing_dutricts''.'..••� ) T which shall be at least ten(14)aeres in area. Comment[KNobte5j.Asoftbally stated,there wound need to tree seperatePlsnned PORCH:A roofed over structure,projecting out from the wall or walls of a main structure and commonly open to Manufacturing District[PMDI.Wherses,stsffse the weather in part. proposing to identify PUD's not as separate district,but rather a Special Use WitIM0) fig dfstrirts. PREFERRED FREQUENCIES:A set of octave bands described by the band center frequency and standardized by — -—the American Standards Association in ASA Standard N.51.6-1960,"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 ofprofessional 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 limning the generality of this defmition,professional services include services rendered by certified public accountants,engineers,chiropractors,dentists,physicians,podiatrists,architects, veterinarians,attorneys at law,physical therapists and insurance agents. PUBLIC OPEN SPACE:Any publicly owned open area,including,but not limited to,the following:parks, playgrounds,forest preserves,beaches,waterways,parkways and streets. PUBLIC UTILITY:Any person,firm,corporation or municipal department duly authorized to furnish,under public regulation,to the public,electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards,locomotive shops,water towers,etc. RAILROAD PASSENGER STATION: A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE: An establishment consisting of perinanent 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. 15 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. 7 RAILER HOUSE OR MOBILE HOME:see Mobile home definition. TRAILER,TRAVEL:A trailer designed and constructed for dwelling purposes which may contain cooking, fI Comment[KNoble6]:Revtslon of definition per sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square Feet or more but less 1 9/22/30 meeting. than oAo duce hundred twenty(2?ux20)square feet. TREATMENT CENTER: One or more buildings designed and used For the medical and surgical diagnosis and treatment, 'this definition excludes I lospitals and Nursing homes. TRUCK AND TRAILER RENTAL: Leasing or renting of trucks and traders,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 (1 tr,)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 feel(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 tide and which conforms with all of the codes,ordinances and other legal requirements as existing at the effective date hereof for the structure or land that is being examined. USE,NONCONFORMING:See definition afNonconforming Use. USE,PERMITTED:Any use which is or may he 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 doninant use of land or buildings as distinguished from a subordinate or accessory use. USE,SPFCIAL:A use that has unusual operational,physical or other characteristics that may be dtfTerent from those of the predominant permitted uses in a district,but which is a use that complements and is otherwise,or can be 19 CHAPTER 3 General Zoning Provisions 10-3-1: USE AND BULK REGULATIONS: A.Use:No building,structure or land shall hereafter be used or occupied,and no building or part thereof,or other structure,shall be erected,razed,moved,reconstructed,extended,enlarged or altered except in conformity with the regulations herein specified in the district in which it is located. B.Bulk:All new buildings and structures shall confirm to the building regulations established herein For the district in which each building shall be located;except,that parapet walls,chimneys,cooling lowers,elevator bulkheads,water lowers,stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. C.Division of Zoning Lots:No zoning lot improved with a building or buildings shall hereafter be divided into two (2)or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold unless all zoning lots resulting from each division or sale and improved with a building or buildings shalt not be less conforming to all bulk regulations of the zoning district in which the properly is located. D.WsNhiked 1.049:Flag-lots Comment[KNoblel]:Nevlsed pare xnments edbaek ronly accessible via an easement shall not be permitted,Flag[als shall be avoided,except where pert the -27 10 meeting- netcessaey to overcome specific disadvantages of topography and orientation,and where limited access to a PUblie_.n,,�fight ol_.�t ol,..av ,beet exists. F.Building Height Measurement:Building Height shall be measured from the datum point established by the average of the two(2)grades along each side lot line where the front yard line meets the side lot lines to the highest point of the roof or parapet. 10-3-2:OPEN SPACE ON LOTS: A.Maintenance of Yards,Courts and Other Open Spaces:The maintenance of yards,courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence.Furthermore,no legally required yards,courts,other open space or minimum lot area allocated to any building shall,by virtue of change of ownership or for any other reason,be used to satisfy yard,court,other open space or minimum lot area requirements for any other building. B.Location of Required Open Space:All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling _ group,except as otherwise permitted in planned development and planned open spaces. Comment[KNoble2]:8akrtuneiwdeflntttonln Chapter2 Rulesann Defindions C.Required Yards for Existing Buildings:No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below,or further reduced below if already less than,the minimum yard requirements of this Title for equivalent new construction,except as provided in Section 10.10-7 of this Title. D.Permitted Obstructions in Required Yards:The following shall not be considered to be obstructions when located in the required yards specified also relet he table 1;Permuted Accesso ry Buildm , Structures and Obstructions I: 1.In All Required Yards: 26 a.Open terraces not over four feet(4')above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch, b.Awnings and canopies adjoining the principal structure not exceeding three feet(3')or less into required yard; C.Steps four feel(41 or less above grade which are necessary for access to a zoning lot from a street or alley; d.Chimneys projecting eighteen inches(1 X")or less into the yard; Comment[KNoble3]:Obstrtrtttonsrok"tedto be permitted in the rear yard,per 9-Z7 10 meeting. ti-.Arbors and trellises; A.Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3- 2.of this Title. 1%.Flagpoles. rh,Fences as regulated to Chapter 14 Fences,Screens and Walls of this Title. 2.In Front Yards: a.One story hay windows projecting three feel(3')or less into the yard; b.Ornamental light standards; c.Overhanging eaves and gutters projecting three feel(3')or less into the required yard. 3.In Rear Yards: a.Enclosed,attached or detached off-street parking spaces; b.Open off-street parking spaces, 1 C.Accessory Buildings and Strticttue%as regulated in Section 10-3-5 of this Title. d.Balconies,breezeways,open porches,and one-story bay windows projecting three feet(3')or less into the required yard; C.Overhanging caves and gutters projecting three feet(3')or less into the required yard. ;,R�er 'rn g� l�ydy�-drvin�e�.ink 4.In Side Yards: a.Overhanging eaves and gutters projecting into the required yard for a distance not exceeding fnrtv percent (40%)of the required yard width but In no case exceeding thirty inches(30"); 27 b.Air-conditioning units for a distance not exceeding ten percent(10%)of the required yard width,but to no case exceeding twelve inches(12"). F.Comer Clearance:There shall be no buildings,structures or landscaping which obstruct vision on any comer lot between a height of two Feel(2')and a height often feet(10')above the finislied grade of either street within a forty foot(40')triangle formed by the intersecting street lines. F.Encroachment into Required Yards:It shall not be deemed a violation of the yard requirements of this Title if an existing residential budding or structure encroaches upon a required yard under the following conditions: a.The encroachment does mot exceed three(3)inches;and b.The building or structure does not encroach upon more than one required yard. 10-3-3: LOT AREA AND DIMENSION: A.Contiguous Parcels:When two(2)or more parcels of land,each of which lacks adequate area and dimension to qualify fora permitted use under the requirements of the use district in which they are located,are contiguous and are held in one ownership,they shall be used as one zoning lot for such use. B.Lots or Parcels of Land of Record:Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements For minimum lot width and area may be utilized for a permitted use;provided,that yards,courts or usable open spaces are not less than seventy five percent (75%)of the minimum required dimensions or areas,except as provided in Section 10-10-7 of this Title. 10-34:NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development,not more than one principal detached residential building shall be located on a zoning lot,nor shall a principal detached residential building be located on the same zoning lot with any other principal building, 10-3-5:ACCESSORY BUILDINGS AND STRUCTURES: A.Permitted Accessary Buildings and Siruew":sbcds;tool rooms;similar buildings or structures for domestic or agricultural stofage;gazebos,green houses;playground equipment;pools;recrealional courts;playhouses; stables;g4rages and paCkiings#uch=.Rt Ict to table I Y itnitt d:\ er..n, liutklillES Structure,.and Qorttrmt[Moble4j.Refer toss prrtofthe ()b,trucunns. Appendix that lists the Pennitted Accessory Bnlldims and Structures prepared per dMunian at B.Location:No part of any accessory building or structure shall be located closer than five feel(5')from any side or the 9-27-10 meeting, rear property line.No accessory building or structure shall be closer than ten feet(10)to any main building or Note:CHyAttorneydoesnatmomrnrfrdcraorinp a closer to the public way than the principal building on the lot, reparnte f4NaoEparmlfted utcessarybuffdfrps Itmaures,andabstfucnOAL C.Time of Construction:No accessory budding or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. D,1[eight of Accessory Buildings or Structures in Required Rear Yards:No accessory building or portion(hereof located in a required rear yard shall exceed fifteen fix[(15')in height. E.On Reversed Comer Lots:On a reversed comer lot in a restdence district and within fifteen feel(15')of any adjacent pmperty to the rear in a residence district,no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent za (N)%)of the least depth which would be required under this title for the front yard on such adjacent property to the rear.Further,in the above instance,no such accessory building shall be located within five feet(5')of any part of a rear lot Ime which coincides with a side lot line or portion thereof of property in a residence district. 10-3-6:ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title,every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. 10-3-7:TRAVEL TRAILERS,CAMPING TRAILERS,RECREATIONAL VEHICLES: Comment[KNobles]:Nrciiwusstonat the 9- 77.10 meeting,this sectiort may he redsed after additional research at a later date. A. Permanently Affixing to Ground Prohibited:Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. B. Parking and Storage Restricted:Trailers shall not be parked or stored on any lot other than as lawfully permitted by this Code.Travel trailers shall only be located in lawfully established travel camp or trailer sales or manufacturing establishment.However,in a residence district,no more than one of the following trailers may be parked or stored openly in the driveway of a residential lot 1111-1•••• '10- _41.1144 241'eel'...^. 't• us nut bitx k the txdes[rian way or sidewalk: Comment[KNoble6l:Praised tengueta dls(ussed at the 27 10 rneetlrg. 1,Travel Trailer 2.Camping Trailer 3.Utiliry'fmiler Trailers stored in the open on a residential lot shall not be located within the required side yard or front yard unless as permitted in Section 10-3.7B of this title.However,trailers may be stored openly in the rear yard of a residential lot,provided that it shall: 1° - Comment[KNoble7]:Proposed regulation removed per discussion et the 9.27-10 meeting. 21 Be no closer than ten feet(10')to aside or rear lot line Nate:OyAtnsmrystrongfyresorn mendskesping this provision mqui ing storayr of trailers on a hard ;2.No trailer or other recreational vehicle as defined in Chapter 2 of this Title,shall be utilized for -face. lodging or residential purposes unless as permitted in Section 10-3-717. 43.Trailers shall not be connected to any utility for electricity,water,gas usage unless permitted for temporary parking in accordance with Section 10-3-7C. CI), Temporary Parking:Temporary parking and use of travel trailers shall be permitted when a permit has been issued by the zoning administrator for the following purposes: 1.Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty(30)day period. 2.Parking and use of traders for temporary offices or storage uses incidental to and only for the period of time of construction ofa building provided such trailers are located on the same or contiguous lot as the building being constructed. 29 3.'1 ravel trailers permitted for temporary parking shall be stared as required in Section 10-3-78 of this Tide. t-)l. Tents:Tents shall not be erected,used or maintained on any lot,except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling.Temporary use of tents for religious,amusement and recreation,business or manufacturing purposes shall be permitted when a permit has been issued for such use by the coning administrator, 44. Boats:Moats may be parked or stored in the open when in the operation of a lawfully established principal use,and one boat may be stored or parked on a lot containing a dwelling;provided,that it shall be located within the buildable area or in a rear yard and no major rcparT,disassembly or rebuilding operations are conducted thereon.(Ord. 1973-56A,3-28-1974) 10-3-9:PERFORMANCE STANDARDS: Comment Noblesl:h this%be appropriate location fog general comments regarding The performance standards for the NI-1 manufacturing district as set firth in section 10-8-1 of this title,noise, pemiermante sander is,would t bernore beneficial smoke,odorous matter,vibration,toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to[Hove thisse'Chan rowithln the actual Itesidettce and Business Datrict chapters as a separate to all residence or business districts. subsection,similar to the structure ofthe Estate 10-3-10: HOME OCCUPATIONS Dlftrtet7(Sect-'on 10-6.d-7:PerformaM[Stgndank) - Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district.Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chaptcr 17 for the elimination of nonconforming use. In all residence districts,any customary home occupation shall be pernitted provided that: A. It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purpasc. B. It is not conducted from a detached or attached accessory building,or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than one-fourth('14)of the floor area of a story,including also the lookout basement,of the dwelling is devoted to such home occupation. C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling,except one nameplate,no more than one square fool in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted by only a member of the family residing on the premises,plus only one additional person, whether or not a member of such family. C. No mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F. No stock in trade is kept or sold including also such as are made on the premises,or services rendered on the premises that require receipt or delivery of merchandise,goods or equipment by other than U.S.letter tamer mail service or the passenger automobile of the person conducting the home occupation. G. A home occupation conducted by a professional person shall be only for consultation,instruction or performance of religious rites,but not for the general practice of the profession. 30 If. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. I In-[lonie Uavcare( hddcarc tierr icc%aie rrennitted a,home oceonatton,,ubrect to the li,llou 111L Ptoi tsion,: 1..1nr ilersun o xrating+an m-home daN care childcatc,err ice i,rat nnell to obtain a Beenw horn the Illinois lk,artment of Uhildren and I annh Services befote conunencin+the o •ration of+uch scrr ice 2.Any 1 rson om-ming an in-home daycare,childcare service is also LNuirtxl to obtain an orreeational tiemmit from the Bristol Kendall Fire Ihstrict. r Comment[KMob1e9]:Nate:7harin+IsLon is based Upon currcntdsrussion of pmposed t In-home davcarr , uldcare.err ire,arc hmi[cd to uo uiorr thin,n lb 1 chilli ui under the a++r ni[lnt1ern amendments to the GV9 b0ding Ode and is 111 at any one tune or obtaut s rectal u,e ,ernttt a i unral fiir additional children JRLTSUafit tot ha,ter h ui subject to change. dm. I rile. I I lie 161 low ur.+home oe vnauons arc in n,brhrted: 1.Alanufaeturmr*bu,ure,.. 2.(']rnic of hoyn(a[ 3. %noual ho%vital or kennel 3.Re,t a rant 5. %in actrr it),that ntodticc%nox iou%muter or enmlox s ui ntoducc,Ilainmrible matter or is in r tulation of Section III-3-111 ol'thn Iitle. 10-34311: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: When a use is not specifically listed in the sections devoted to"uses permitted",it shall be assumed that such uses are hereby expressly prohibited unless,by a written decision of the plan commission,it is determined that said use is similar to and not more objectionable than uses listed. 31 TABLE 1: PERMITTED ACCESSORY BUILDINGS, STRUCTURES AND OBSTRUCTIONS Required Yards Front Interior Side Side Rear Open Terrace;s' P P P P Awnings and Canopies Z P P P P Steps a P P P P Chimneys projecting 18 inches or less into the yard P P P P Arbors and trellises P P P P Landscaping" P P P P Flagpoles P p P P Fences 5 P P P P One-story bay windows 6 P P Ornamental light standards P Overhanging eaves and gutters' P P Overhanging eaves and gutters s P P Enclosed,attached or detached off-street parking spaces P Open off-street parking spaces P Recreational and laundry-drying equipment P Accessory Buildings g P Balconies P Breezeways P Open porches P Air-conditioning units 10 P P Sheds P P 12 P Tool rooms P P 12 p Similar buildings or structures for domestic or agricultural storage P P 12 P Gazebo P P 12 P Greenhouse P P 12 P Playground equipment P P P Pools P P P Recreational courts P P P Playhouses P P 12 P Stables p P 12 P Garages and parking structures P p 12 p 1.Open Terraces not over 4 feet above the average level of the adjoining ground,but not including a permanently roofed-over terrace or porch 2. Awnings&canopies adjoining the principal structure not exceeding 3 feet or less into required yard 3. Steps four(4)feet or less above grade which are necessary for access to a zoning lot From a street or alley 4. As regulated In Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3-2E of this Title 5.As regulated in Chapter 19 Fences,Screens and Walls of this Title 6.Projecting 3 feet or less into the required yard 7.Projecting 3 feet or less into the required yard 8.Projecting into the required yard for a distance not exceeding 4096 of the required yard width,but in no case exceeding 30 inches. 9.As Regulated in Section 10-3-5 of this title 10.For a distance not exceeding 10%of the requried yard width,but 1n no case exceeding 12 inches 11.No part of any accessory building or structure shall be located closer than 5 feet from any side or rear property line.No accessory building or structure shall be closer than ten feet(10')to any main building or closer to the public way than the prinicipal building on the lot. 12.On a reversed corner lot in a residenc district and within fifteen feet(15')of any adjacent property to the rear in a residence district,no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street that a distance equal to sixty percent(60%)of the least depth which would be required under this title for the front yard on such adjacent property to the rear.Further,in the above instance,no such accessory building shall be located within five feet(5')of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. CHAPTER 4 Zoning Administration and Enforcement Section: 104-1:Orlraniiation 10-4-2:Administration 104-3: Enforcement I04-4: Plan Council 104-5: Plan Commission 104-6:Zonint?Board of Appeals 104-7:Variations 104-5:Appeals 10-4-9:Special Uses 104-10:Amendments 10-4-11: Annexations 10-4-12: Permits and Certificates 104-13: Fees and Penalties 10-4-1:ORGANIZATION A. I lie in iman Tespmsrhilr(v I'm unnlementune and admmustennx this I rl[c is herehy vested in the lidlow mu lvdies: I. Jonrr)L Ad1111rllstralol' 2. tonne Officer 3. Plan Council 4 Plan('omminsu,n 5. Zoning Board o('Anneal, b. 0IN (ouncil B. Authonty and Aduumstratrvc Puncuorls. This Chapter shall Iirst set out the aufllunN of each of the desr milled administrative M+dres and then describe the vrocedures and subswkuw standards with re. ect to the Iollowmiizadmnuslralnc functions: 1. ls%uance of huddilw wn lils and certrlicale or oceunancles 2. Plan Review 3 Variation, 4. Appeals S Npecial Uses h. AniendnlenC. 7. Annexations y. Fcwti and Pcnallres 104-2:ADMINISTRATION 32 l._Zoning Administrator: The Dnc•rtot of the 14:1)aitwent of(',.ntnwnm Dc, h ,n,cnf, or an it,uho,i/':l appointee, shall be the coning administrator. \cone 1n (hi, t;uiac h. the Drt"tot of(tic Drha,taicnt of ('(11111nUtitt% I)CW10 nnenl nr h»hci au(1101 vcd a )11WCC�lmll adnnni'tc,111r nvi t>tntu of 1h« 1 rile. B._Duties:The/onme ldnunistnilor and such d.•.•AW 1. .. .:ttm authorized atnpuurleetsl as have beam,or shall be,duly appointed shall enforce the zoning regulations and in addition thereto,and in furtherance of such authority,shall: 1.Identify all nonconforming stntcLures and uses. 2. Forward to the Plan( ommission applications for amendments to the zoning ]tie text or map, special uses an,l( goon n1 I "11,-11,111,\ ." 3.Forward to the/onnig hoard AlNlkak applications for appeals and variances. 4. I om aid a i 1licauon,tiny clans and related mformration to the Plan t ouncd in all caws x hick woum: plan review.as delinetl in `ection 10-4-4 of this (hailer, and as required in .pectic Zoning districts under the jW01,isions of this I 111e. 'i.Interpret the zoning regulations when questions arise,including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses,are of the same general character and permit their establishment. b.Determine the parking or loading class of a use which is not contained by name in a parking or loading class. h Maintain ienn:u L11t and current record%of the zoning ordinance including but not limited to all Pia is amcndnicnts variations appeals,and ubhcations thereof. 7 Assist in providing Public information relatne to all matter iert:umng It,the. I itle and once record,for public instectlon,as decinexi required by tau X; Initiate dtrccl and review, lioni time to lime a stud• of the rovrsruns of tht.. i ule and administrative mcord of variances and amieals,and make rem m'.of hi.her recommendations to the(ity Administrator and the;mpropriaW Board or t bmmrsmon. L). Administer the conmmchensive elan and make mteinretations of prw isions which pertain lo building and site design taking into consideration such factors as contextual a i rro arateness consistency with the(liv's general Policies,and conrmunw.need or benetil 10.Ddmie.Authority by isc r i n1berduties asmay be yjaced umm hftwhcr byjthis.Title. Comment[KNob1e1] mote:cfryAttomeydoes not recommendth s zoning Administrator to defegare authority. 104-3: ENFORCEMENT: A. Zoning Officer:The city Chief Building t'ode Official,hereinafter referred to as the"officer",is designated as the zoning officer of the city- B. Duties:The Zoning Officer shall,with the exception of interpretations unless otherwise authorized,be III responsible for enforcing this"-IIL•Said officer shall have the power and shall see that the provisions nf this Wt�iite are property enforced:u0111+inihct.uit, ,C>fic f,au(11o„IN' _h Ll 11. 33 I. 1—tic all certrlirties ul use and occupancy and mann:un record.thereol' 2. ((induct ihhpeetlons of but Mina,structure.,and rtsr of hind to deterrinne compliance with the Tenn%of this Title. _? Issue v loLuion nonce' tegutnn.,, congpli once a ithm dirty (3111 da„ and ad%isnw tiUSPCCIed v tolaiors(i1'tlnen Fight It,a,,eat and to issue citations kii violation.of this I tile. 4 Re(our that all construction tin Ai Ilk of anv ty)< t,e s(ti)red w ilen such u ork rs not In ,:nntphance with this l nlle,actl nil rrr tike anv lremiil which u as unlawful],,'sued s. Rca icw all cases of encroachillenl in required yardk l' l .h. f nloce all mdcrs m ltoaid of:lmprals C. City Officers,Employees-gird-and Citizens:It shall also he the duly of all officers,citizens and employees of the city,particularly of all members of(he Community Development,Engineering,Public Works and Police departments,to assist the zoning officer by reporting to him any new construction,mconstruction, improved land uses or upon any seeming violation. 10-4-4: PLAN COUNCIL: A. Purpose: l o cam out the site Mail review of apphcahnns and petninns related to concenl plan,(aunt,mile and one-half review, annexatu,ns plen)Icd unit level,rnent n,mm, ,weial use ielimrnary plan and final vial. 11. Nfemlx•rs the Plan l ouncil rs hereh, created and 4ball errltilst 01'111C (ti %dmnrstratot ('onnnunity Comment[KNobfe2]-Note:CityAttomey Development Director, (ity Engineer,Chief Building(ode t)ITicial, Public Wtyks Dit%mor, Director of recommends replacing the word"shalt*with•mit ' Parks and RtCFcatl0n, Puhce Chief SanAary District Director, Linergency Medical Represent:urve, and Fire Dtsirtet Representative. ( . Nlerhn s: I lie Plan(ouncil shall mcct on an as needed basis and the mutionewo hall also he resent at the mceun 1) Duties- I be Plan('ouncil+hall have the duties as set North herein and as follows: I. Rev row on all site plans and dmunnents related it)cone pt plan ('aunty('Ounty mile and(111V-half tcv rew annexations planned unit developmcnis,zoning,,,special u.r. ruchminary ]plan and final plat for cotnphancc with City Ordinance+,standards and policies. 2 R ork c,xmrratnely with the apphranilsl to lend mutually acceptable site design and imnrovenient solutions to s pceilic site 12Tobleins,in accordan •to UILV Ordinances standards and Policies. 3. Pre parr reconinncndat,nn%lased uVun review of site plans and duculnenls(ti('nmmpssions and of Roatds prior to holden ol'a liublic hearina on the a p lication or netition. 10-4-5: PLAN COMMISSION: The city tdh+i Pho,r(ommission,which has been duty civated by the ghWr,tMayar as dclined ni tiecuun -I-I of the Comment'[KNoble3],Note:C tyAttcmoy ( ii (t plc,shall have the authority,responsibility and duties as set forth herein and as follows: recommends replacing the words"dulytreabee i wrth the word"established". A _To hear and report findings and recommendations to the wayerMu or and�,.e ..�-°° r ity(ouncil on all applications for text amendments map amendments and special use pergnuts in the manner prescribed by standards and other regulations set forth herein. 34 f B._'1 o initiate,direct and review,from time to time,studies of the provisions of this title,and to make reports of its recommendations to the twtvoF\laver and eiiy etitm&gt m,Council not less frequently than once each year. C._To hear and drrtdrmake icconintendattons to the Nlayor and( nN t utmctl tun all matters upon which it is required to pass under this title. D I u ne iat a and r ccomntcud Gt the NLn or and l 115 Councd a cum irehen.n a 111M ut a xl;uc+thereto li,r the uc+enl and litturc devcGt invent or redevelo mrent of the cm. 104-6: ZONING BOARD OFAPPEAL9 ZONING BOARD OF APPEALS: The City '!o _inn:: 1IL1,11-J 111 11 which has been duly created by the mititirMavur ai, I Comment[KNoble4]:Ibid, dclln':d In S«ta n?- -t„1(tic( ii% U-d,,shall have the authort(y,responsibility and duties as set forth herein and as follows: A._'To hear and decide appeals from any order,requirement,decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B._To hear and pass upon applications for variations from the terns provided in the zoning ordinance in the manner prescnlxd by and subject to the standards established therein. C._To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance a5 prescribed by statute. 1) To cnlbrce and make all dcct.nax under the+ten ordinance. YA .e r_ d1"11111#C 1lt`e3tArTC. `Comment[KNab1e5]:R4loreteduridernew Section 10-4 12:Permits and Certificates FolvAk shall have W811 applied fem,in-OppiIii"Rd-,NNW iii by As WN-MM Weill permit shall log.. in fill Pump mo ielkiiii Friiiiii 4"i mile iii 89the let,yoodiii and I;mild ing er tmii RhiSOM MIA 40880,WgUlkillit Wilk SMA �"��1471itf Comment[KNoble6J:Relays under new Sectlott 11M9.12:Petntils>tndfertlficates 35 __gids"IM; Whop 4h""P6111domflili 0.WOVE A riinoy and tme M;vike(in!18"d BPEB OF i IPRI.6he Mik"g 01;om Flo, boon-is wilapgod shall W PARda as tile SOM0 4:1"0 84 the arrhasiman fop The Imniffie POPMis f@V 0"011�1401dsng said eFfesledr 104-7:`;VARIATIONS: comment[KMoble7]:Rosenfeld v.zonin` Board of Aplrealsor City of thicip(19581: '...(A.VarMnte h a({rant af ' 'f fa an awnerfrom A._Authority:The -Ionrne h,xtrtl Itnard of r> ti�> ,after a public hearing,may delennine and theftta+atrequrrementxafueordrnancewherr vary the regulations of this title in harmony with their general purpose and intent,only in the specific Uteri,tenforsementwouMarurehlmundae instances hereinafter set forth,where the board of appeals hold%a public hearing and makes findings of fact hardthlp."thererork wrntlonsgrant relleffrom in accordance with the standards hereinafter prescribed,and further finds that there are practical diffiicullics q Mtriichmitatwns*fihe zoning ordinance with or particular hardships in the way of carrying out the strict letter of the regulations of this title. I lnles, referonm to the structure on a given ioning lot otherwise s wcitied herein the Mayor and t it t ouncd shall have the final decision on variation%. 36 B._Application lost ;tnIntre+tr;ind Ivi lire of Ilearnrt: An application for a variation shall be filed in writing with the zoning administrator. The application shall contain such information as the -r nm*r rw' 1 1.- r.'••-1 appeal Zoning BlIard Of.3ntkals may from time to time, by rule, require. Variations other than those authorized by this section on which the °onmg i;;w' appe ' Inning Board of Anneals may act shall be submitted to the upning administrator and acted on in the following manner: I_ I he my clerk shall nuhlish notice(11'a public hcann_=nn such application lin variation,,taunt the time,place,and putpuse nl'Ilre hearing,at lead fifteen(15)but not none than thirri 1 30) calen(Lu days in advance ul'the hearing in a news la per ol' general circulation in the ctv. 2. 1 Ire eonni*adnunr%aatoi.hall gi e notice of the public hearing to the iI p)beam. 1 he a p phcant ,;hall yiovide nulice of the public hearing lu all mooggy owner%a hose lot or portion of a lot lies within fnc hundred feel I4110) of the subject property, mea%ured lions the %ub)ecl pro party'%N)undan 1 lie nonce %ball state die time ]ace and purpose of the hearing and shall he sent not more than thirty 1101 calendar da s in advance of the hearnn". I I tic applicant shall send the nonce by certified mail prowl),addnc%sed as shoo n on the county tax tl%sebPr%rnlds and%%ith sufficient)xp%lageaflixcd thereto.with return receipt rctuesterf 4. 1 hr aprphuut shall also file a%u om allidm nt cnntainmL a comnlele list of the n;nnes and la%t knua n address:,of all propertN on nets entitled to notice and sated and attach thereto Al t hooted Suites Port tlllice re[nm receipts as documcnlauon of compliance with provisions in Section 10-4-711 of this I itle.Such allldavit and the return recen it.must he suhnuttcd to the lonung admtnrstrnnor no later than m enty-lour(24)hours in advance of doe mnbhc hearine C'. Standards For Variations: 1._The e Milli. bkhl.,, .r /Dole_ B1101LI of \nu al. shall not vary the regulations of this title,nor recommend to the c g% Comicil variation of this title,unless it shall make Findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code are complied with in addition to the following: a.Because of the particular physical surroundings,shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. h. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable,generally,to other property within the same zoning classification. c.'ihe alleged difficulty or hardship is caused by this tide and has not been created by any person presently having an interest in the property. d.The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e.The proposed variation will not impair an adequate supply of light and air to adjacent property,or substantially increase the congestion in the public streets,or increase the 37 danger to the public safety,or substantially diminish or impair property values within the neighborhood. ,f.'rhe.lrro1rnsed variation isconsistent with the official Comnrehemsive plan and other deve)onment standards and molicies ofthe city., Comment IKNoblea7:sho,id this provision be considered With regard tv Comorehensive Plan.and 2. The emmig boiad oi appeal, may impose such conditions and ethtrdevelopmentrtundardsondpoltcfes3uchat the Appearance Code and Design Gutdeli9W restrictions upon the premises benefited by a variation as may be necessary to comply with the — — standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title. D. Authorized Variations: 1. Variations from the regulations of this tide shall be granted by the,-witig h iiFd kipp a4" ommre 131)(trd i,I, \nrCals only in accordance with the standards established in subsection C of this section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations,but by not more than twenty-five percent(25%). b.To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent(90%)of the required area and width.The l,crcentage set forth in this subsection is not to be reduced by any other percentage for nrminruot lot width and area set forth in this title, c.To permit the same off street parking facility to qualify as required facilities for two (2)or more uses provided flit,substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations,whichever number is greater. e.To increase by not more than twenty five percent(25%)the maxunum distance that required parking spaces are permitted to be located from the use served. 1. It, allow for the determent, or land banking, tit'reuuncd parking hic,hres for a reasonable period of tine.such iwnud nl'lime to be specified to the variance 4g.To increase by not more than ten percent(10%)the maxunum gross floor area of any use so limited by the applicable regulations, glz.To exceed any of the authorized variaduns allowed under this subsection when a lot of record or a zoning lot,vacant or legally used on the effective dale hereof,is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding,reduced in size so that the remaindcr of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. Ems 2.The concurring vote of four(4)members of the _ loutrte Board of Aj)mals shall be necessary to grant a variation. 38 3.Variations other than those listed may be granted by the ('rlv(ouncil,but only after a public beanng as set forth herein for an authorized variation.The concurring vole of two-thirds (21,) of the elected members of the f( iii ( ouncll shall be necessary to reverse the recommendation%of the _.')Eoaid.. /(1n111ff 13(1;11(1(,I.AJ)p'.h. I Action(rh the/oning Board W'Apinals: I_ I he/oning lauaid ol'Arlimils,tin those matter%defined a,authonZc(I variation,.Nhall render a decision ol'ayprov ul,approsal with condition,,or disaurrocal based uixwn the findings of Biel as defined to subsectrun( of den ticetiun 1.111 final action. 2. I lie Zonnl* livaid of A r x'aM on all oilier Narration, which shall be gran(ed by the (1i (ouncil .hall make recommendations to the('it y Council cil fur a irmal i r xoval with conditions or 111N:tp111'U\A limed upon the findings of fact as defined in,uhwction C'of this Section for final action or li)r referral Iwtck to the Zoning Hoard of.Arrivals for Wilber consderation. I. Re%ocatiun: Where a%aeration has been Bruited pursuant to the ornvntons oh thn(banter,such ti iltinal ,hall become null and %oid unless construction thereon is mitimantially muter wav uulrm twcltc 12 num(hs of the date of Iss(hance,unle„extended by the/oning.Aduunntialur. 104-8: APPEALS: ( Purr)ow:.An appeal may be taken to the Zoning Board nh Aimeals lions any order,retluirentent,decision or determination made by the I.nforcui. Opica by any rersori a *nevcd by the action taken under the w gu)auons of tliis I rtle. the Zoning Board of A i gal% shall hear the a t real and li,rward It, reconunendauon(s)to the Nlavor and(ltv(omncil I'm final dctertrnnatiom 13. Inmaunn.An appeal maybe taken x Idrin limn-litre(45)days 411'111e ac(nin cotnplamcd ol'hv filling with the i nfincing Officer a notice of al)1wal,trccifym¢the groun&thereof,who shall l'o_rward such appeal to the ZonmL Board of AptrealN. [ . Public(fearing: A nuhhc hearing,bald Ire conducted by(he Zoning Board urxin every anneal.Notice of the leering shall he Ixisted at least twenlv_-luur(24 hours in adtance of said nuhlic hearing in the(tty Cletk's oflice. 1). Decisions. I Ire Board of Aprxul,may recommend to reverse or affirm,wholly(ir partly,or may inodify the order,requirement,decision,or determination relating to this I itle.made by the I nfnrcing()tlicer and said wcommendanon shall he fomarde(i to the Mayor and City(ounciI for]trial determination. 104-89:SPECIAL,USES: Comment[KNobleg).inRawnfeldv.Zonint; Board of Appeals of City of Chkeea[1958): A._Purpose:The development and execution of•• - ntog OF4411•1;rethts 1 rile is based upon the division of the *MertoWeefsnpemrtyinam nnercoalMryt awmer to usa hk prapertY fa a manner wnerory to city into districts,within which districts the use of land and buildings and the bulk and location of buildings theardlnoaceprovld�thatfheiateadedase[/one and structures in relation to the land are substantially uniform.It is recognized,however,that there are uses offhosexpetdicafyllstedln the afdtrwnceand which,because of their unique characteristics,cannot be properly classified in any particular district or provided thot the Public convenience w1baserve(f districts without consideration,in each case,of the impact of those uses on neighboring land and of the by the use..." public need for the particular use at the particular location.Such special uses fall into two(2)categories: I.Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. 39 B._Initiation t11 of Special Uses:Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this tFat-I itle in the toning district in which the land is situated. C._Application + I,,, Special Use: An application for a special use or expansion of a special use shall be filed with the W1111mar.ltor and shall be accompanied by such plans or data as prescribed by the me, Plmr 3rrr4Hry t c,n,ull.,ll,n from time to time. Such LIJ11nccattnn .hall Ile Iii u:]I,Irh 110111 Ili.'/01110^ A,L 111111,L:L11)I t',1110 Penn('"Lill ul fu,, Ic,liu,mil Plan(41111111[>aon for nublli }ti.11 111_;111'1 i'1:1 OMI11.3111AW11 G,(11e 1\I;I1'VY;old t ICY( U1mt'11, D. Hearing(A I,m Application Im Special 11, Upon receipt of the application referred to above,the phm-lhlu coHtmh�( onimi iol shall hold at least one public hearing and acted tin ut tlrc Ii011ow-1112 11MMIer: I 1 he cuv clerk%hall vuhli.h notice of a )trhllc licaring on.itch a r tlication for s anatwn Stating the time_place,and num„se of the hcarrng.at least litteeti 1151 but not more than thirty 131!1 calendar days In adtiance of the hearrrl0 nr a new s xit,er of-'engird cnculatton in the city. _2 1 he ronin'adnunr,tratot shall Zit a notice 01'111C albhc hearing to the a r rltcant. I bear licant ,hall nru%Idc notice of the public hearing to all ptunerty owners whu.v lot or rxmnnt of a Int lies within live hundred feet 15[111`1 oI' the subject proyeriv, measured lions the suhiect ro iem'r h,rruularv. The notice shall state the time ,lace and nl ,se of the hearmc and shall be sent not more than thin 011 calendar days in ad%ancc of the hearing, 3. I he a, hcanl shall send the notice by certified mad nu retl%addressed as Shown oil the count tar assessor's rolls and w tilt sullicient tn,slag a allixed thereto,with return recemt reuuested 4. 1 he applicant shall also tilc a,worn allida%it contamute a cnnmhele list of the names and last known addresses of all propertN owners entitled to notice and screed and attach thereto all I Iniled States Post 0114ce return receipts as documentation nl compliance with prmisions in Section ll1-4-713 of this Itile. Such afli dart and the relunr receipt,muss be submitted to the zoning adntintstr for no later than twenty-kitir 04 hours in adA urce of the rubhc hcann . E. _Authorization:For each application for a special use,the p1w-plan t��}t'rnnnussion shall report to the owned its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.The'o,,, to„c.,••••°1''icy['owned may gran[or deny any application for a special use;provided,however,that in the event of written protest against any proposed special use,signed and acknowledged by the owners of twenty percent(20%)of the frontage adjacent thereto,or across an alley, or directly opposite 'dieteft iii there from, such special use shall not be granted except by the favorable vote of two-thirds(2/,)of all members of the t� ( ItV [bunch. In such cases of wntlen protest,a coliv of the written pu}IeSt Shall be'vi ted In the pr,ltrstnrl l nu thr arrpltcant for the nr0t)t1s d special ore and a cum utxln apnlicullt s ath?nx•N. Ifi,m b% Cc'011)cd ntaJ at the address of such applicant and attorney shown in the aphhcaotw for IL prlim,rd,I,cclal w:c. F._Standards: No special use shall be recommended by the Plun rorntn.: onunissiun unless said commission shall find that; 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. 40 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted,nor substantially diminish and impair J property values within the neighborhood In is loch it 1,ill bL Imated. 3.The establishment of the special use will not impede the normal and orderly development and Improvement of surrounding property for uses penmtted in the district. 4. Adequate utilities,access roads,drainage or other necessary facilities have been or are being provided. 5.Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. she proposed stxti:iatuse is,not Lontrary to the obiectives of the Official Comprehensive plan of lhesitea,amended. Comment[KNoblel0]t Silouid thispm*fon be considered with repord to CbmprehetWue Plan,and 6.The special use shall in all other respects conform to the applicable regulations of the district in other development standards and pofkiessuch ar the Appearance Code and Design GojdcAti t? which it is located,except as such regulations may in each instance be modified by the<+I-� — ---- aexprlrrlt'rty l ouncll pursuant to the recommendations of the L4aH -1 1,111 """sz+r.arr Y,Win 01111111ssill 1, 6, t'undluun,and tivaranlce.. 1. Prior to the granting of am >wclal use the Plan (oninussum inay reconunend:cod the( nv (ouncll may requlrr conditions and restriction%, utxln establishment, locution, consltuetiun, maintenance,and ol)Cration al'thc special usL as deemed nccessaU lily the protection of the public mterest and to secure compliance with the slandardj and reuuiremenh -,yeci ied In subsection I1.abtne 2. In all cases in which.vclat use,are *ranted the Plan l ouumsslun mov recommerxl and the l itv Council may require such evidence and ituamntees a+it may deem necessary as proof that the conditions m connection w ltb the special use are being and will he complied with as reoulrcd. 11. lsilon oh(he Plan(ommJJrssnnr: 1. the Plan L'ommissnon shall slake reconlmenrlations to the 013y ('+tunsrl to Leant or deti an aoilication fur sxrclal use and ing establish such conditions and rrstrrctiom as defined In sulwoon li, alxne for final action. the Cliv ('ouncll may ¢rant or derv,by orllmance,alb application for special utic or refer back to the Plan('pmmisslpn fur further con,.ideratiolr Anv application for a siveial use which lads to recelce the favorable recommendation or favorable recommendation with conditions of lour 4 members 01'111C Plan Commission shall not IX-a proved exec of by the favorable vote of thva-Ihirds 2 ' of all the elected nlemhcrs of the llty('ouncil,and anv special use application which receives the Flaorahle rcwonunendation or favorable reromnlendalaon with condition. lions the Plan ('o_mniistilon may be denied by a maiorlty vote of the Ifoarf of I rustees. I. 1 f)ect of Denial of ti wclal I Ise:No application fur s l<Lral use which has been dcucel wholly or in Vart by the Criv(ouncll,shall be resubmitted for a periml of one 11)year from the date of said denial,except on the rounds of new evidence or phxrf of change nl conditions. 41 I Revocation: In any case whcte it,ieclal use ha,bLen unanted puisuant to the rrm isions of ihls( Ilaitel such a r nmal,ball hLconie null dad and 11111CSS It 11111 dace and in active use n nlun three ?)%ears 411'tile date of Issuance unless extended by the/onus* Wini nstrator. 104-910:AMENDMENTS: Initiation,l'.1n,<n,iin itl.; I.\t Amendments may be proposed by the HM r l•l ,l ands (it\ (,iam,I,the"ImrPhm x n„n u..+n,the, _/,•nn• lx h Ali :n,l of H .\ur"L.('rt_' 0 11-1Ll11,Iudll'IdyheIIk:l'IiPIr1 11 1 1,LUII I L.1 ;,III 1,,.iiwi,ba.cl or any property owner. Afa n Annenduients may tic noosed h the owner of till no pert nrvolvcd the Mayor and t Ity(ouncul t11L flan t onilulssu+n the loner'Board of other('It V ofiiL:1a B. Processing: Formatted:Indent:Left: u.25' _Filing —LI Application; Contents: An application for an amendment shall be filed with the n 11,.= /ornue athomw tiat.,r%dnnnlstrator.The application shall be accompanied by such plans or data and such other information as specified by the plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the pro"ed amendments will conform to the standards set Forth herein.Copies of such application shall be 1 forwarded to the pitui-Phil-°°�.Trig,..^ oinuus% n with the request to hold a public hearing. 2.Nearing:Upon receipt in proper fonn of the application and statement referred to above,the plan connnisslon shall hold at least one public hearing on the proposed amendment. However, the f4ed-l'Lui 'nnunlssu,n may continue from time(o lime the hearing without further notice being published. 3. Nntr.'c of I'ubllc E learn' ' Formatted:Indent:First line: (1.38" 1. I lie cuv cleik shall»ubhsh notice of a public hearing on such inmhcatnnn for variation,stating The time dace and i iow of the hearing,at least fifteen(151 but not more than hurl 311 calendar days in advance ollhe hcarin'in it news a °r of general circulation in the ell 2 Ilic /onmg Administrator shall gi%e notice of the public hearing to the applicant. Iho applicant shall inn ide no(icc of the public hearing to all property owner whose lot or portion of a lot Ines w 1(hm live hundred fiet 5410' of the subject vrotvrtv,mc•lsured trim the sub ect proln_rty's Niundan. I'he notice shall stale the tune,place. and purtx,se of the hearing,and shall be sent not more than thirty(311)calendar days in advance of(he licarmg 3. I lie applicant shall send the notice by certified mail pronerly addressed as shown on the count tax assrssor s rolls and with sufficient )sta ge affixed thereto with return recet it requested. 4. ilre applicant shall also file a sworn affidavit contairlm'a coniplete list ut'the names and last known addresses of all proivny owners entitled to nonce and served, and attach thereto all t Inited States Post (tfiice return receipts as dmumenlation of compliance with xovitilnns in Section 10-4-711 of This Iitle. Such allidavlt and the return recd its must be submitted to the riming administrator no later than tw enty-four 1241 hours in advance of the public hearmc 4. Findings(}f of Fact And Recommendation 111 01'The Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the l4mir-- tan emmoi�t i t'ormtmssnon shall make written findings of fact and shall submit same, together with its 42 recommendations to the movtiltavor and eAN r +kt 5 x i�.Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property,the plan co:mnisston shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. - I he existing ttsys and zonme of nearby inymnty. l o which 111c ra v !im ang .4jujimisbed by in restrictions. c. Me extent to which the destntcltnn of nrotkrty_values of nlantiy promotes the health, safely,mimis_of general welfare of the public. d The rel v n the public-as public-as c m i 'm n an he indry dual ORmerty owner. s_Tbe suitability of the sum property in EjH241011 1e '1le for the AMC(],nrrjx,cCS, was pla%�t 14,VIPM,0, a I'lam tenting,kp un The prom•rty has been vaeunt as rociV L1 i tu[X kLL:j rrl,ij]L'contem of IArwl LILN6 t111m5.'e j!!the atea in the viei fljW ifif thesubjdy L.0i jLvg t:, g would hON-0 open 0 did 1`011109-1 ftW 4110 MV001 OF94diti8fill!OfteSSO IS 'Mc community e h. 'lriq cm to which the community_haa undertaken to plan its land use develomnent. Comment[KNOblezx]:e3a[eroo memorandum from C"Attorney dated B,16.09 asottached C._Decisions: hrO 1. Plan Commission: a._the f4a -Plan rwa�+. omnnsmon may hear a request for any change in zoning and tnay recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of(hose members present at the meeting with a minimum of three(3)concurring votes shall be required to recommend gmnling or denying an application for an amendment. b.Report to the eiw ekwfit r nv(awned shall contain number present and number of voles for/or against the motion. 2._Mevt.e,Iavor And'"_•'rn, eun�-....•..•" ctvt'nuncd: a. The nmyotNhivoi and: '( iiy Council,upon receiving the recommendation of the t4011]']an t. +xt:;jr(n;nuu.,it,n,may grant or deny any proposed amendment in 43 accordance with applicable Illinois statutes or may refer to the r4wi-flan to inimilt Eli! (onrirtissum for further consideration. h. If an application for a proposed amendment is not acted upon finally by the emit-, ...1-..-1, m � Owl,it within six (6)months of the dale upon which such application is received by the Ln k and it!, ve.., °" n� t'sun.al,it shall he deemed to have been denied. 104-10:ANNEXATIONS: A._Petition ltsr-l'm Annexation:All annexations shall be initiated by the filing of a petition with the'Zoning Administrator.Such petitions shall be verified under oath by all the record title owners,including mortgage holders,of all the lands included within the annexation. H._Request 44w-lul Zoning Amendments or1 n Variations: I.Process:All petitions for annexation agreement requesting a zoning classification other than the R-I,Suigle I amily Suhurhan zoning classification which is assigned to lands annexed to(he city not requesting a rezoning,or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the junsdictional limits of the city.All such requests for zoning amendments or variations shall be accompanied by the fees as provided in section l U-4-1--13 of this chapter,and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. Public Notice Atd.unl Hearing+-mil 11 Zoning Amendments And and Variations in Annexation Agrectirrents:The i'lor 44f t,:. c .-i n ii—i on shall hold a public hearing on the zoning amendment aspects of annexation agreements L1iU f.JI,•„111', a. I lie city clerk shall publish notice of a public bearing on such application lift variation, st:ilin!the tine dace and puUmi>e ul the herein at least filteen I5 but not more Than thirly 0111 calendar days in advance of the hearing in a newspaper of general circulation in the city. h. i he lonurg Administrator shall grte nntrec 01"111C liplike(tearing to the ap ilicant. the applicant shall Prot ide notice of the public hearing,to all property owners whose lot or rnrtutn of a lot lies w 1111111 five hundred fret 5110' of the sub ect iro rerly measured from the%uhiect property's Ixnmdary )lie notice shall stale the time,place,and purpose of the hearing,and shall lie sent not more titan thirty(?CFI calendar clays in advance of the hearing. c. I he applicant%hall send the nonce by certified mail properly addressed as shown on dre county tax assessiir s rniN and w nh sufficient Postage affixed thereto with retuni recd rt requested. d I lie aiihcant shall also file a,wont affidavit containing it nnnplelc list of the names and last known addresses of:ill yrot!criy ow hers entitled to notice and--rved.and attach thereto all untied Stains Pos(()lficC return ncerns as documentation of coin Nance with Vtovisions in Section l0-4-713 of this idle.Such affidavit and the return recei rt> must be submitted to the zoning administrator no later than twenty-iiur 124E hours in advance of the public ht=-mg. In the event that a zoning variation is being requested as pail of the annexation agreement,the 44 _ -'••••••g bta•fil - /'4111'., k"'110 01 .\m all, shall hold a public hearing on the zoning variation request in the annexation agreement.==,,—ji .,+-1.4+x+ C._Other Annexation Agreement Requests: In all case or petitions for annexation agreement which do not include requests for zoning classifications,other than those assigned to property annexed to the city,or a request for variations,the voy etitmeA nv(ounril may refer the petition to such commut=es or bodies as it deems appropriate, or as required by law, for study and recommendations, Upon receiving the recommendations of such committees or bodies,or,of no such referral is made,the me° ,f'itv Council and ina-e rNlavot of the city shall scl the time and place of public hearing and the city clerk shall cause notice or the said hearing to be published in the manner specified in subsection 44-11 of this section,,t,4„c. At the conclusion of the hearings before the city •rim—flan l tttmmission and � ;• ' i '' 130e1(l u1' appeal., and upon those bodies reporting their specific findings and recomtendations,the R4PY**Mayor and 1° k 11% ( uunC il shall set the time and place forbearing on the petition for annexation agreement.. _. 104-12: PERMITS AND CERTIFICATES 11WIdpan P•rmiti 1.ors L-R uired• No building or sttLCturC,shall be crcctC,,d s4nslntcfed:- n]Hr or moved prrmit tt>L1L) lstcd�u_a.nrorninent place un the rctnises prior ire and-duliu.ths oericrd_of I:rechon_reconstruction.enlargement nr mnvinv- 2. Comnliggy Wilb Provisions: Before a nccrrrtil is ts4MW for the erection. =vine. alteration. vs�shall indicate confoinnA Jaall re cis to the provisions of rhos title, 3.Site_Plam Every application.forstbuildi pstmil suhnlittedAq the nf_fjv.Ci-shall be acc�mnanicd - a site plan. drawn tom llo]v nG.A lot and it ,dliiLr s+ the location of existiina �c..sltld. buildups on the tut_acsltrale dimencinn,sif the](,lw]ttsi�_ancl hnildin�or buildings.te==ther with leciltions and °clh.ea'�'ilh such o1ber intrmtatioNaS111a -tic nevessap to die enforcement of this title. A. Cff cats°"WEeo,f(4cculxntev; 1 t1 C sale-of occupancy to be issued b .the officer shall be rwui -fur any pfSlae llg_gwAD& except buildings incidental to. -- -- Lions other iltatl lesidcnccs; R,Dgcypancy and use-of a building tsereelict_crscled or enlarged, Chan ge in the use of an existing buildinp c.OccunaDFv and use ofvaeanl land except for the miring ofernns d thane'in the use of land to a use of it dill�rnl clMigil decent Ent the raising of crnrn. v—Any chattec-in the use of a noncnnfonning us_e, 45 2__l o_such ocs LIMIcy, use or change of use shall take-plu:c until-a s4ritfieale of occupancy lhtvc _Lr _shall have been issued ApulicationrorCcrlificate:Action On: [Formatted:Indent:Left: 0.25' which has befnetylarged_shall made at the same lime as the application for the zoning nerinit for 5uch aid certificate shall be acted upon,wilhm three 13t business dais efier a m;h_buildittg aLPan thereof has bceas---- lctcd ut confQ[mance with the�royisions of thi till:% 2—14`rilten application for a certificate of occupancy for the use of vacant land.or for a change in the use of land m of__builduta or for it FhangLin a nonconforming use,as_herein provided.AuTbe made la-the ofXi _ .sod use is in conforntity_wilh tb provisions of this title_ the ce_rudulc.-of occumiLcy therefore shall-beissucd w'ilhiu_thr_ee t3f husiness.Ays-after__h_e pnlication&Ibc-samg has been made 'I'emrx)mry('t R t i f i e a t e Of Occupancy:Pending the issyatlee of such a cenilicate.a l e mrwirary c��niPcaie er of the GQnstruction of Ili_a building,or of alterations which ar muired_ under the terms oLan law ur I Wficale may be renewed.but it shall nig be construed in any way to abet the FCSIkChYC rights_dukes ur obligations of the owner or pL1J issuss suspi under lush restrictions and provisions as will edcilud ly�safety of,Fhe vccit ant. D.__C=mt-4f_CcrtifcAtc&Lach_certifrcate_of e of-a n d building orland_cmrghq�with alllprovisionssifthisrillc, 1 ecords Kenl:A record of all cerlificates of cupapcv shall be kept on file in the office of the ofFcer ands land affected. 10-44413: FEES AND PENALTIES: A. Petitions pertaining to Annexation,Zoning Amendment, Special Use, Variances shall be responsible for application and application review fees as provided in-eetu+tiScctton 1-7-9 of this eo4(ode. 11. Any person who violates, disobeys, omits, neglects, rem c and Te u5c1 to comply with or who resists enforcement of any of the provisions of this We-Itle shall he fined as provided in rScciton 1-4-1 of this ttiode(ode. 46 CHAPTER 5 Zoning Districts and Maps 10-5-I: DISTRICTS ESTABLISHED: For the purpose and provisions herein,Yorkville is hereby organized into sixteen(lh)districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title Zoning District Minimum Acres Chapter 4+_9 IA-1 Agricultural District --- L11auter 10 1 _ Chapter 411,Article A IE-1 Estate District I Chapter 411,Article B IR-1 Single-Family Suburban Residence District 10 Chapter 411,Article C iR-2 Single-Family Traditional Residence District 1Q Chapter 411,Article D CR-2 Duplex,Two-Family Attached Residence District --- Chapter 411,Article E �R-3 EGclieml Multi-Fzmid Attached Residence District 5 Chapter 411,Article F 11-4 General A`[ulti-Fanlik Residence District 2 Chapter 11,Article G CDD Con�er�atiuu llctii'n District _ Chapter-1412,Article A O Office District � 1 Chapter 4412,Article B B-1 Limited Business District 1 Chapter X12,Article C B-2 General Business District 2 Chapter 4412,Article D B-3 Service Business District 2 Chapter 4412,Article E B-4 Business District F_ 2 Chapter 4-213,Article A M-1 Limited Manufacturing District 10 Chapter 4-213,Article B ;M-2 General Manufacturing District 10 10-5-2: ZONING MAPS: The boundaries of the zoning districts designated in Section 1045-1 of this Chapter are hereby established as shown on the maps entitled "Zoning Map: The United City of Yorkville",dated , which maps accompany and are made a part hereof and shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein. 10-5-3: DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A._District boundary lines are either the center lines of railroads,highways, streets, alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. 40 B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps from section, quarter- sections or division lines,or center lines of streets, highways or railroad rights of way unless otherwise indicated. C. Where a lot held in on under single ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty live feet(25'). 10-5-4; ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated,shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets,public ways,or waterways and railroad rights of way.Where the center line of a street,alley,public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated,shall be deemed to be the same as that of the abutting property up to such center line. 41 Chapter 6 Permitted and Special Uses cu Co - m m g 3' g i n cL a as a m 4 v CL CL a c I ml ti as as a cn n a as a WI c 44 as ao 4 a � N N !' a 4a CL, 4aa a co i • I� � -O � 4 d I 'Q. cii o acna tJ q w cn vc vc a i ! 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