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Zoning Commission Packet 2010 07-28-10 C/;P. United City of Yorkville � 800 Game Farm Road . 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 C"� p` � Fax: 630-553-7575 ""ate`"" e�• <LE �'�e• AGENDA ZONING COMMISSION MEETING Wednesday, July 28, 2010 7:00 P.M. Parks & Recreation Administration Office 201 W. Hydraulic 1. Welcome 2. Approval of May 26, 2010 meeting minutes 3. Brief Presentation by Community Development Director Kr sti J. Barksdale-Noble 4. Guest Speaker, Mr. Ronald S. Coe Land Use and Zoning Attorney Un aretti &Harris LLP 5. Continued Review and Comments , of Previously Recommended Zoning Chapters a. Table of Contents b. Chapter 1: Zoning Purpose and Interpretation c. Chapter 2: Rules and Definitions d. Chapter 3: Zoning Provisions 6. Next meeting date: August 25 2010 Page ] of 3 DRAFT UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday, May 26, 2010 7:00pm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Board Members in Attendance: Michael Crouch,Chairman Gary Neyer Jeff Baker Al Green Greg Millen Phil Haugen Pete Huinker Absent: Ralph Pfister City Officials in Attendance: Krysti Barksdale-Noble,Community Development Director Laura Schraw,City Park Designer Paul Zabel,Building Code Official 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: February 24,2010 February 24,2010 minutes were approved as read on a motion by Jeff Baker and second by Pete Huinker. Approved by unanimous voice vote. Introduction of new Communitv Development Director,Krysti J.Barksdale-Noble Ms.Noble introduced herself,and stated that she has over ten years' experience in the planning industry;six of those years in the public sector. She has worked for the Village of Lincolnshire, a non-profit planning organization partially funded by the City of Chicago, and most recently served as the Vice President of Planning and Litigation for a private company.Ms.Noble looks forward to helping the Zoning Commission draft a Zoning Ordinance which will provide great benefit to the City and also be defensible in court. Review of Zoning Ordinance Update progress and timeline The original timeline as prepared by former Community Development Director Travis Miller was included into this meeting's packet. Discussion Ms.Noble inquired as to how comfortable the Commission members feel about the progress they've made so far. Mr.Crouch responded that as of January 2010,he estimates the Commission was 55%-60%along. The general consensus as indicated by Mr.Crouch is that this process not be rushed;they want a document they're confident in.No public hearings have been held yet, for any proposed changes.To date,the City has made changes to its Municipal Code, as a means of"getting around"this incomplete document. The group Page 2 of 3 would like to continue to meet every month so that substantive progress can be made;the goal is to take the new Zoning Ordinance to public hearing either Fall 2010 or Spring 2011. It was agreed that Ms.Noble would write the sections and the Commission would review them.The Commission would like Ms.Noble to review what's been completed to date,and advise if she feels changes are warranted. Ms.Noble will review the past progress of the Commission's work, and will provide feedback over the course of the next two meetings. Ms.Noble showed the Commission a book entitled "Zoning Handbook_for Municipal Officials with suggested Foi7ns by Ronald Cope", which she feels is an essential tool in situations like this,as it clearly defines the legal aspect of zoning.Ms.Noble will provide copies of this book to the Commission,so that they may refer to it and know exactly what they can and cannot regulate.The goal is to be very clear and explicit when defining zoning districts and permitted uses. Continued review of Zoning District Conservation Desi n District Draft Ms. Schraw stated that the Engineering Standards in the City's Subdivision Control Ordinance require curb, gutter,public sidewalk,and storm sewer in all zoning districts except Estate; in a Conservation Design District,most of those elements could be eliminated, in lieu of twenty-eight foot roads with two-foot shoulders on both sides,and trails along every rear yard. Discussion Mr. Crouch stated that one of the recurring questions has been is the Subdivision Control Ordinance going to be modified to work with the Conservation Design plan,or does the Conservation Design plan need to meet with the Subdivision Control Ordinance?Ms.Noble confirmed that the Subdivision Control Ordinance is not within the boundaries of the Zoning Commission.Mr. Baker feels strongly that existing subdivisions should be improved in conformance with the adopted Subdivision Control Ordinance,and cited a case on Heustis Street which he feels was not improved using those standards. Mr.Baker wants to make sure that the Subdivision Control Ordinance and the Zoning Ordinance work together;Ms.Noble stated that if they contradict each other,neither one can be legally defensible-they must be in sync,and this also includes the Comprehensive Plan. She suggested that when all new chapters are completed in the Zoning Ordinance,they be presented to the City Council with a list of inconsistencies in the existing documents(Comprehensive Plan, Subdivision Control Ordinance,etc.),along with a list of recommended changes in order for all of the documents to be in sync with each other.In order to achieve a cohesive set of documents,amendments to the existing ordinances can be sought. Ms.Noble defined an"urban cross section"as an area comprised of a street with curbs on each side; parkway;and public sidewalk. A"rural cross section"is an area comprised of a street without curbs;swales; grass or gravel shoulder;and no public sidewalk.The proposed"Conservation District"will mimic Estate Zoning, in that it will have a rural cross section and trails in the rear of the lots.However there could be a "bonus" for developers,such as"clustering"of homes,making it available in areas other than those zoned `Estate'.The development would be a Planned Unit Development,with established zoning(for example R-2 to establish setbacks,etc.),and then an overlay Conservation District. It was noted that a Conservation District is not limited to residential areas,but could also be proposed for Business/Manufacturing areas.The Commission agrees they want incentives to be specific and quantifiable,not"to be determined"at the time a development is proposed. Ms. Schraw stated that the general language in the Subdivision Control Ordinance regarding"Best Management Practices"is too broad; the Commission should build onto that theory and make it stronger in their Zoning Ordinance.Mr.Huinker mentioned that without approved calculations to support new design standards and coefficients of runoff,the design engineer would have little to base their design on,and the reviewing engineer would have little to verify against;this could be a problem. Ms.Noble discussed"Land Banking": a development could provide two sets of proposed plans,one showing a reduced quantity of parking stalls and the remainder of the parking area in a natural state ("banked")for a particular business;and the other plan-set showing that"banked"space with the full number of parking stalls, should the use of the facility ever change and require the full number of parking Page 3 of 3 stalls. Future City Council Approval would not be required,should the facility use change and the parking be developed at a later date,because it would have already been approved.The Commission likes this idea. Discussion of Downtown Route 47 Overlay ma Maps were distributed,with a blue line showing what IDOT is either acquiring currently or will be acquiring; and showing the overlay of the Zoning Map. Discussion Mr. Crouch stated he would like to know how many properties adjacent to Route 47 are going to be acquired,how many properties may turn into business uses,and what the overall impact will be on the downtown.Ms. Schraw stated that an 865 +/-page plan has been received by[DOT,showing all improvements; a 20+/-page review of that document has been subsequently sent to IDOT.There will be another submittal by IDOT around August 2010,a letting in 2011, and construction in 2012.Mr.Green would like to know what is planned for the Town Square area,so that the Commission could better prepare for a potential Route 47 Overlay District. Mr. Crouch is concerned whether or not the downtown area will be able to support itself once Route 47 is widened;sufficient parking to support the businesses has been a concern.The Commission members would like to reduce the quantity of traffic pulling in and out along Route 47,instead allowing frontage roads and/ or alleys for business access. Ms.Noble stated that the commission can encourage in the Zoning District that as businesses are proposed,parking/business access is conducted in the rear of the property.Additionally, Ms.Noble stated that the City doesn't know if]DOT acquisition will include partial-takings or full-takings, because that is a legal matter and the City is not privy to that information. The Commission members would like to increase the quantity of"No Left Turns" in town. Ms. Schraw stated that the left turn lane from northbound Route 47 onto River Road is proposed to be eliminated in the IDOT plan; traffic will need to go one more block north along Route 47 in order to turn left. Mr. Crouch indicated that the community expressed interest in preserving the town's historical element. Mr. Green stated that a Historical Overlay District has also been discussed in the past. Ms. Schraw suggested the Commission adopt design guidelines,in order to preserve the historical character of the Route 47 corridor; for example: houses cannot be removed and rebuilt into a commercial strip. Mr. Crouch agreed and said this should be a priority. Additional Business: The next meeting will be on Wednesday June 23,2010 at 7:00pm,and will be held at the Parks and Recreation Building at 201 W.Hydraulic Ave.Mr.Crouch will not be available to attend that meeting,and a stand-in Chairperson will be needed. Adjournment.• There was no further business and a motion was made by Mr.Baker to adjourn the meeting.Mr.Green seconded the motion.Meeting adjourned at 8:24pm. Minutes respectfully submitted by Jennifer Woodrick 7/20/2010 \T< ■ CITY OF YORKVILLE < aN :zACOMMISSION I \ \ J2 a \ , , «C . \ S � A�y �A«Jd¥m�lm�0� nandEm��mea�� ` 7/20/2010 �'+ i I � � I I'.:II°.l+I�I �,. I I I I:: II J�D,y III 1:1' �•::I,S�+� Z- 7 iYl' °II I i nr II I F`Y III .. i n 7/20/2010 = U4 lbe 1'l�rf (0341d rt om Fd Mudd HZSTC)RIC ■ •r fI.'crs�cs�elwr'S+ RGUIE 47 rs��[r�4©'n M1'1G�o�toldn�wae tE l nC''F� • C}st�! L'Qw�I4�r �esighaunay 3 7/20/2010 +Green Neighbn,l-:craa Development Cerilflotion(New 2010) .nd mnr wu€ .... Ps 4 7/20/2010 PRO p ORK PLAN/TIME - - ;41 a11 r-4'p JULY 28111 MEETING GUEST SPEAKER RONAL12 S. COPE UhfGAREM i i1,111iR1q L.Atoll Ukm AM), viloy {,T.�•,.ri ,��rl �^ ir1YF P'RDOTI',^ MidT1 �. f' Cl, 5 7/20/2010 Next Meeting... Wednesday, Auggst 25, 201C, REVISED Zoning Ordinance Update Draft Zoning Commission Tasks/Timeline — Prepared July 2010 ThWE FRAME 1. Table: ol'Content. IL chapter l : Zoning I'uq)OW Geld fntrrrl)rCr;1ti01l July 2010 ill. Chapter I RUICS MId Definitions IV. chapter,: Zoning PrOvision V. Chapter 4: Zoning Administration and Enfloreeineni - V1. Chaptcr 5� Zoning Distriots and Maps August 2(1[41 ' {H. Chapter 6: L..Ise Chair VIII. (:hap. F 7: Dirnettsional R.gtdremcnt•s/Bi l€: R€gill rtifflis ]X� Cliapter. 8: A- 1 Agriculture September 2010 • C17apter '): Residential Districts I. Chapter 10: Conservation Design Di_ir-fel X11. Chapter 1 L Business District October 2010 X111. 01apter 12: Manu factu ring Dist r1Cts November 2010 XIV. Chapter r 1 3: Planned Unit Devc1opine1tts XV� Chapter 14. 11istoric Do-v,-,ntown Overlay District December 2010 VI. C laal)Ler 15, Route 47 Overlay District XVII, Clrtapter 16: Non-Conforming Buildings January 2011 IM Chapter 17: Off-Street Parking and Loading XI X. Chapter 18: Towei- ;ind Antenna Regulations - Februuf-e' 20 XX� C'11apter .19: Itoof Top Wind Energy 1, Chapter `0: Small Wind Enemy Edi tin g.iForm aiti.nL and Presentation of Final Draft tO pUblie at an Open Flousc March 2011 Review by Commissio ns and City Council Public Flearing prU 2011 Arloption of rijulated Zoning Orilrrrarrce UNGARETTI Ei HARRIS f RONALD S. COPE Chairman, Land Use Department Partner Government; Land Use, Zoning and Eminent Domain; 'Energy, Clean ' Technologies and Climate Change Chicago Direct: 312.977.4461 rscope @uhlaw.com Ron chairs the Land Use Department and is a partner in the Government Group and the Energy and Clean Technologies Group. He has extensive experience in local government, land use, and financing issues. Ron has been involved in the creation of TIF Districts, the establishment of special assessments, special service areas, the creation of business districts, redevelopment areas and condemnation of land for public use. He has represented many clients, both private and governmental, in land use matters including the creation of Planned Unit Developments, annexations, drafting new zoning ordinances, planning and funding redevelopment projects and town centers. He has provided counsel to municipalities and private developers on affordable housing issues. Ron has been lead attorney in numerous cases in both trial and appellate courts. He was lead counsel In the principal case concerning the constitutionality of the School Reform Act of Illinois, a case ultimately decided by the Illinois Supreme Court. He has also served as lead counsel in precedent-setting cases upholding modern zoning concepts. He has litigated First Amendment issues involving free speech and freedom of religion and has defended local governmental bodies in complex contract disputes. Ron has written and lectured extensively on land use law. He is the author of numerous articles on zoning and has lectured to attorneys and municipal officials on zoning and annexation issues. Ron is one of the featured speakers at the Illinois Municipal League Annual Conference, where he speaks on recent case law and statutes pertaining to zoning and annexation. Ron is also the general editor of Illinois Land Use Law published by the Illinois Institute of Continuing Legal Education. Ron taught at the University of Chicago Graduate School of Business for 18 years. His experience Includes: • Illinois One News v. City of Marshall, 477 F.3d 461 (7th Cir.2007) • Nelson v. County ofDeKalb, 363 I11.App.3d 206, 840 N.E.2d 746, 298 III.Dec. 682 (2nd Dist. 2005) • Ocean Ad. Dev. Corp. v. Aurora Christian Schools, 322 F3d 983 (7th Cir. 2003) • Jacobson v. Board ofEdu. Of City of Chicago, 321 III.App.3d 103, 746 N.E.2d 894, 254 III.Dec. 137, 153 Ed. Law Rep. 726 (1 Dist. 2001) • Fumarolo v. Chicago Bd. ofEduc., 142 I11.2d 54,153 III.Dec. 177,65 Ed.L.Rptr. 1181 (1990) • LaSalle Nat. Bank v. Village of Bloomingdale, 154 III.App.3d 918, 107 III.Dec. 604 (2nd Dist. 1987) • LaGrange State Bank v. Village of Glen Ellyn, 227 III.App.3d 308, 169 III.Dec. 307 (2nd Dist. 1992) • Kyle v. Morton High School, 144 F.3d 448, 73 Empl.Prac.Dec., p.45,374, 126 Ed.L.Rptr. 651 (7th Cir. 1998) • Cathedral of Joy Baptist Church v. Village of Hazel Crest, 22 F.3d 713 (7th Cir. 1994) Recent Development and Economic Incentive Transactions: + Currently representing wind farm in defending the development of a 151-wind turbine wind farm against challenges to the zoning and actions for various forms of damage. This is more than a $400 million wind farm development. UNGARETTI E HARRIS + Representing corporation in development of ethanol plant with the issuance of $44,000,000 Tax Increment Financing Bonds in Northwestern Illinois; + Representing Village in Business District Redevelopment Plan financing for redevelopment of regional shopping center in DuPage County; + Representing Village in Redevelopment Plan for resort property with the total issuance of $9,400,000 General Obligation Bonds in DuPage County; • Representing Village in creating Special Services Areas with total issuance of $48,000,000 Special Service Area Bonds in Kendall County; • Representing Village in Redevelopment Plan with issuance of$3,000,000 Special Service Area Bonds; • Work on complex annexations involving combinations of intergovernmental agreements and economic incentive agreements and the creation of Special Service Areas for the development of regional shopping center in the Northwest Chicago suburbs. Distinctions + General Editor, Illinois Land Use Law, Illinois Institute for Continuing Legal Education, 2004 Publications • "Wind Energy," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "Litigation of a Zoning Case," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "Impact Fees," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "Judicial Review," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "First Amendment and Land Use," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "Wind Energy: Will It Benefit Your Municipality?," Illinois Municipal Review,July 2009 • "Municipal Wind Farms: Zoning and Wind Energy" • "Zoning Handbook for Municipal Officials with Suggested Forms," Illinois Municipal League 2008 • "Kelo v City of New London – How Safe Is Your Castle?," Illinois Bar Journal, April 2006, Vol. 94 • "The Affordable Housing Planning and Appeal Act, The New Illinois Affirmative Action Housing Program," Illinois Municipal Review • "Impact Fees: Constitutional Calculations for Future Growth,"Illinois Association of School Business Officials • "Due Process in Zoning Hearings: Guidelines for Complying with the Supreme Court's Mandate," Illinois Bar Journal • "First Amendment and Land Use," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "Government Sources of Financing and Other Incentives," Commercial Real Estate, Illinois Institute for Continuing Legal Education • "Impact Fees," Illinois Land Use Law, Illinois Institute for Continuing Legal Education • "Special Use, Variance, Variation—What's in a Name?," Illinois Municipal Review • "Annexations and Annexation Agreements," Illinois Institute for Continuing Legal Education • "Judicial Review Chapter," Illinois Land Use Law, Illinois Institute for Continuing Legal Education Memberships • Member, Local Government Committee of the Chicago Bar Association • Member, Urban, State, and Local Government Section of the American Bar Association • Member, Illinois State Bar Association • Member, Federal Trial Bar, United States District Court for the Northern District of Illinois • Member, Home Rule Attorneys Committee of the Illinois Municipal League • Member, Will County Governmental League • Member, International Council of Shopping Centers, Inc. • Past Chairman, Local Government Section Council of the Illinois State Bar Association • Past Vice President, The City Club of Chicago • Past Secretary, Friends of the Chicago Public Library • Past President, 800-family Peterson Park Improvement Association • Past President, Solomon Schechter Day Schools UNGARETTI E HARRIS Education • University of Chicago, J.D. • University of Chicago, B.A. Admissions + Illinois Courts • U.S. District Court For the Northern District of Illinois • U.S. Court of Appeals, Fifth Circuit • U.S. Court of Appeals, Seventh Circuit + U.S. Supreme Court Teaching Credits + University of Chicago Graduate School of Business - Business Law www.uhlaw.com CHICAGO SPRINGFIELD WASHINGTON 3500 Three First National Plaza 400 East Jefferson Street 1500 K Street, NW 70 West Madison Suite 1200 Suite 250 Chicago, Illinois 60602 Springfield, Illinois 62701 Washington, DC 20005 tel: 312.977.4400 tel: 217,544,7000 tel: 202.639.7500 Fax: 312.977.4405 fax: 217.544.7950 fax: 202.639.7505 u ° Memorandum EST 1836 To: Zoning Ordinance Commission In al From: Krysti J. Barksdale-Noble, Community Development Director Kdy�, ?d CC: Bart Olson, City Administrator <CE 1r Date: June 18, 2010 Subject: Zoning Ordinance Update Upon my cursory review of the first four (4) sections of the previously reviewed Zoning Ordinance, the following revisions are proposed for consideration: Table of Contents 1. Combining existing chapters or adding new chapters for consideration: a. Alternative Energy Systems (includes Rooftop Wind Energy Systems, Small Wind Energy Systems, and other proposed alternate systems) b. Adult-Oriented Uses c. Sign Ordinance (?) d. Fences, Screens and Walls (see comment#9, bullet point 3 below) 2. Renaming of certain Chapters to be more inclusive or reflect current terminology: a. "Dimensional Requirements"to "Dimensional and Bulk Requirements" b. "Tower and Antenna Regulations" to "Telecommunications Antennas and Facilities" Chapter 1: Zoning Purpose and Interpretation 1. Removing the reference to the "Zoning District Map made apart hereof' from Section 10-1-1: Title. • The Zoning District map is a fluid illustration of the City's zoning districts that can be amended at any time and are required by Illinois Law to be updated yearly. It would be cumbersome to have to amend the entire Zoning Ordinance to reflect a zoning change for a single parcel. • Most communities only reference the community's zoning map, rather than include it as an exhibit part of the Zoning Ordinance. • There is also the potential for a discrepancy between the most current zoning for a property and the map itself, which may affect enforceability if litigated. • If the Zoning Commission prefers to leave the reference to the Zoning District Map, then language should be incorporated that states in the case where there is a dispute regarding the zoning classification of any property and the map incorporated within the zoning ordinance, the official zoning map maintained by the Community Development Department shall govern. 2. Include the phrase "and all amendments hereto" to Section 10-1-1: Title which fully incorporates all subsequent amendments and revisions to the zoning ordinance in the Title. 3. Add the following new Section: Authority: This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by state lain. 4. Add the following new Section: Applicability: Unless otherwise expressly exempt, the zoning ordinance applies to all land use, structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as allowed by state lain. 5. Revise Section 10-1-2: Intent and Purpose to read: "This Title, is adopted with the intent to set forth re ulations and standards for the following purposes:" $. Revise Section 10-1-2: Intent and Purpose to include language which explains the purpose of the following zoning concepts located within the Ordinance: • CDD, Conservation Design District— a. Encourage innovative and low-impact development techniques through the reduction of storm water run-off, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land. b. Promote pedestrian circulation through a well-designed system of shared- use trails which allows access to local and regional destinations. • Historic Downtown Overlay District-- a. To promote, preserve and enhance those buildings and structures within certain areas of the City that are of historical importance. • Route 47 Overlay District— a. TBD • Alternative Energy Systems— a. To promote and regulate the use of alternative and renewable energy solutions, where appropriate. • Comprehensive Plan — a. To ensure the objectives the Comprehensive Plan are implemented and advanced. • Add language that states the intent to "prescribe penalties for the violation of the provisions of the Zoning Ordinance, or of any amendment thereto." 7. Add a new Section 10-1-5: Separability— this section declares that each provision of the Zoning Ordinance is separate and if any one provision is deemed invalid or its application to a particular property is invalid, that the remaining provisions and applications to other properties are not affected, such as follows: • If any court of competent jurisdiction shall adjudge any provision of this Title, or any amendment hereto, to be invalid, such judgment shall not affect any other provisions of this Title not specifically included in said judgment. • If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendment hereto, to a particular building, structure or parcel of land, such judgment shall not affect the application of said provision to any other building, structure or parcel of land not specifically included in said judgment. Chapter 2: Rules and Definitions • Re-title Section 10-2-2: "Rules for Word Construction" to "Rules" and add the following: a. All measured distances shall be expressed in feet, unless otherwise indicated, and shall be calculated to the nearest integral foot. b. If any calculation results in a fraction, the next integral number shall be taken. c. 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 are expressed in the text shall apply. • Revise Section 10-2-3: Definitions to include the following new definitions: Abutting: To have a common property line or zoning district. Accessory Building or Use: add: (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. 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. 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. 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. Flag Lot. A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow private right-of-way. 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. Restaurant, Convenience: An establishment commonly referred to as "fast casual" dining with the following characteristics: (a) limited menu -items are made-to-order and are prepared only upon request; (b) food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area; and (c) usually part of a chain or franchise establishment. Restaurant, Fast Food: A quick service restaurant with the following characteristics: (a) typically includes drive-through service; (b) limited menu items consisting of pre-packaged or quickly prepared food items; (c) food is ordered and picked-up at a counter with no table service provided; (d) limited dine-in area; and (4) usually part of a chain or franchise establishment. 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. 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. Alcoholic Beverage: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, 1ti-hatever may be the origin thereof, and includes Synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.f Microbrewery or Brew Pub: A restaurant-hreweiy that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the hreweiy's storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One (1) U.S. barrel is equivalent to thirty-one (3 1)gallons. This Chanter regarding definitions will need to be revised throughout the review process, as the updating of each Chapter may include new terminology. • The Zoning Commission may consider incorporating additional graphics as part of the definition portion of the Zoning Ordinance (see attached examples). Chapter 3: General Zoning Provisions 1. Revise Section 10-3-1C: Division of Zoning Lots with the following language: Flag-lots are not permitted. 2. Add Section 10-3-1D: Building Height Measurement with the following language: Definitions recommended for approval by the Plan Commission at a Public Hearing on 61912010. • Building height shall be measured from a 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 surface or parapet. 3. In Section 10-3-2D: Permitted Obstructions in Required Yards,the following revisions are suggested: • Should the following additional permitted yard obstructions be added: ornamental lights, landscaping, air conditioning units and decorative walls/columns? • Section 10-3-213-(1)(b) regarding open mesh-type fencing is unclear. • This section also seems to include accessory buildings as permitted rear yard obstructions in #3 and should be relocated under 10-3-5: Accessory Buildings. 4. Section 10-3-2E. Corner Clearance should be more specific as to what"material obstructions" include (i.e. buildings, structures and/or landscaping). 5. Add Section 10-3-2F: Encroachment into Required Yards with the following language: • It shall not be deemed a violation of the yard requirements of this Title if a residential building or structure encroaches upon a required yard under the following conditions: a. The encroachment does not exceed six (6) inches; and b. The building or structure does not encroach upon more than one required yard. 6. Revise Section 10-3-SA: Location to include the following language: No detached structure shall be closer to the public way than the principal building an the lot. 7. Add Section 10-3-2F: Encroachment into Required Yards with the following language: 8. In Section 10-3-5: Accessory Buildings should we list the types of permitted accessory buildings with specific regulations and if so which should we consider. This list may include following: • Gazebos, Green houses, play houses, parking garage structures, stables, etc... • Should these accessory buildings be required to be of the same or compatible materials as the principal structure? 9. Section 10-3-7: Required Fences, Hedges and Walls: • Is this section intended to apply to all fences and walls within the City? If so, should there be separate and distinct requirements for residential fences and non- residential fences (i.e., commercial and manufacturing uses)? • Where fencing is required to be installed to provide a physical separation between incompatible uses per Section 10-3-7B(2) and (3), it is not clear as to which party would be responsible for the landscaping and maintenance. • Consider this section as its own Chapter in the Zoning Ordinance. ZONING ORDINANCE GRAPHIC SAMPLES street or permanent easement of access to a public street,which easement shall have a minimum width of twenty-five (25) feet, unless an easement of lesser width was on record prior to the adoption of this ordinance. 3.2-11.2. Buildings on a zoning lot. A. Every building hereafter erected or structurally altered to provide dwelling units, shall be located on a zoning lot as herein defined and in no case,shall there be more than one (1) such building on one (1) zoning lot, except that in a two-story garage with living quarters upon the second floor such quarters may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guest house (without kitchen) or rooms for guests within an accessory building,provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit. 3.2-11.3. Rezoning of public and semipublic areas. A.An area indicated on the zoning map as a public park,recreation area,public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued,it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the city council within three (3) months after the date of application filed for rezoning. 3.3. Definitions. Acca:SSOxx SlIUC-I'UR1:S AND rDJetached Crarage USI�S: Principal ACCESSORY Building S7RU IiES Is one which:is subordinate to and serves a principal building or principal use;and is subordinate in area,extent, or purpose to the principal building or principal use served; and contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;and is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served. ACRE: A measure of land containing 43,560 square feet. ADULT'BUSINESS Any use described as an adult use in the License,Permits and USES: Miscellaneous Business Regulations Chapter of the Aurora Municipal Code of Ordinances. 7 AUromanvi: A place where gasoline or any other automotive engine fuel stored only SERVICE.STATION: in underground tanks,kerosene, or lubricating oil or grease for the operation of motor vehicles or boats are offered for sale directly to the public on the premises. Minor automotive repairs,accessories and servicing is permitted. Major automotive or boat repairs; tire recapping; and the washing of motor vehicles where no production-line methods, mechanized devices, or combination thereof is employed are not permitted. When the dispensing,sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. AUI ONIOMLH USES: Any uses engaged in furnishing to the general public t,ehicular maintenance, service,repair,painting,washing,detailing,leasing or parking, excluding automotive service stations as defined herein. r' uromomu-. Any plate where two (2) or more motor vehicles not in running WRI.CKING YAIU): condition, or parts thereof,are stored in the open and are not being restored to operation,or any land,building or structure used for wrecking or storing of such motor vehicles or parts thereof,and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods,articles or merchandise. AWNING: A roof like cover, temporary in nature, which projects from the Li wall of a building and n.WMr 0 overhangs the public way. 001100 DD p0 Dp 00 � 0 00 9 B.%SMN1FNI': That portion of a building which is partly or wholly below grade. A basement shall not be counted as a story for purposes of height measurement when the vertical distance from the average finish grade to the floor is greater than the vertical distance from the average finish grade to the ceiling. If the average of"A"is less than or equal to 1/2 of STORY "B", this is not counted as a story for height measurements. A .--.-.....I...................... Plate Cn r 'st F If the average of"A" is STORY greater than'/z of"B", this is counted as a story for height STORY A measurements. .................f...................... Finu.h Gndc^ h Bu,LBOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display.This definition does not include any bulletin boards used to announce religious services or to display official court or public office notices,or signs advertising the sale or lease of the premises on which the sign is located. B],OCK: 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 a corporate boundary line of the city. BomIDINGI IoUSJ-.: A building other than a hotel or restaurant where meals are provided for compensation to four(4) or more persons, but not more than twelve (12),who are not members of the keeper's family. Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle. BoA'I'II0U313: A building designed to serve as a private or public boathouse for the storage of boats and for the servicing of boats,boat engines and equipment. 10 BUll.i)AB1.1;ARLr1: I FrRM L The space remaining on a zoning lot after the UYr UP-MFROW minimum setback and open space requirements of this ordinance have been complied with. BuIMING: 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 no communicating doors,windows or openings;and which is designed or intended for the shelter, enclosure or protection of persons,animals or chattels. Any structure with interior areas not normally accessible for human use, such as gasholders, oil tanks,water tanks,grain elevators, coalbunkers, oil cracking towers and other similar structures are not considered as buildings. BUILDING, A completely enclosed building is a building separated on all sides from COAII'LIsTELY the adjacent open space, or from other buildings or other structures, by ENCLOSED: a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors. 11 BUILDING,' W ic'm'I': HIP ROOF The vertical distance measured from the sidewalk H level or its equivalent 1. G established grade opposite the middle of the front of GABLE ROOT= the building to the highest point of the roof in the case 1 of a flat roof; to the deck H line of a mansard roof;and c to the mean height level between eaves and ridge of FLAT ROOF a gable,hip or gambrel roof; provided,that where H buildings are set back from +. the street line, the height of the building may be GAMBREL ROOF measured from the average elevation of the finished lot t grade at the front of the H building. MANSARD ROOF 1 H H=Height of BuRding G=Grvdc Bu1LDING LINF,: See setback line,building BUILDING, Any building which does not conform to the regulations of this NONCONFORMING: ordinance prescribing the maximum floor area ratio,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. 12 BulI.DING, PRINCIPAL: Detached Csaragc Principal ACCESSORY Building STR X S A building in which is conducted the main use of the zoning lot on which it is situated. BUI.x: 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 centerline of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure. Bus Lan Any lot or land area for the storage or layover of passenger buses or motor coaches. BUSINESS: An occupation, employment or enterprise that occupies time,attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered. BUSINESS AItI;.1: A zoning lot or portion of a zoning lot designed or used for purposes other than residential. BUSINESS A structure, or lot,used in whole or in part as a place of business, the ES'I'ABLISI IMEN'I': ownership or management of which is separate and distinct From the ownership or management of any other place of business located on the same or other lot. CALIPER: The diameter of a tree trunk. For purposes of the Aurora Zoning Ordinance,the caliper of a tree drunk is measured 12" from ground level or grade. r ec Trunk er � ^—^- ilmr A aFrom grade L;radr di CARPORT' A structure intended for shelter of an automotive vehicle on residential property,which is formed by a roof projecting from the wall of the principal structure and has at least one side permanently open to the weather,and which, for the purposes of the Zoning Ordinance,is an integral part of an architectural design for an existing or proposed principal building. 13 DI5.mU.rry: A physical or mental impairment,which substantially limits one (1) or more of a person's major life activities,impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment.The term shall include,but not be limited to, persons who are developmentally or physically disabled, the mentally ill,recovering alcoholics,and those suffering from communicable diseases. The term shall not include: (i) an individual who is currently illegally using or is addicted to a controlled substance, as defined in Section 102 of the Controlled Substances Act (21 USC 802);or (ii) an individual whose tenancy,as evidenced by a history of overt acts or current conduct,would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. DISE I ANTENNA: A parabolic-shaped receiver and/or transmitter for entertainment and communication transmissions. DRIPF-IN A business establishment, other than a drive-in or drive-through ES'1',1BLISI IMENT: restaurant, so developed and used that its retail or service character is dependent,in whole or in part,on providing a driveway approach for motor vehicles to serve patrons while in the motor vehicle rather than within a building or structure. DRIVE-IN An eating establishment whose principal business is the sale of food RI.,s,n\URANT: and beverages served directly to the customer in a motor vehicle by an employee outside the confines of the building. DRivi.,-TI IROUGI I An eating establishment that provides a driveway approach for the RI-*s'rAURANT: serving of food and beverages to customers in a motor vehicle and which may also provide an indoor seating area with a minimum of two (2) tables and four (4) chairs.Accessory outdoor seaiing may be provided. Carryout and delivery service must be an accessory use. Dwhi.LING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-Family dwelling units, two-family dwelling units and multiple-family dwelling units,but not including hotels,boardinghouses or lodging houses. Dwi-i'LLING, Two (2) or more one-family, two-family or multiple-family dwellings,or GROUP: boardinghouses or lodging houses,located on one (1) zoning lot, but not including tourist courts or motels. DWI,LLING, r— ---� ------, MUI:TIPLF-F mMILY: OR ` N ril vms� A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other. 16 D\xf LINCI, ONE- r_.. ----- ------k FA;ISILY: I I I i ` I I A building designed exclusively for use and occupancy by one (1) family, and entirely separated from any other dwelling by space. DWIiI,1.ING,Row r---� -- - -�-, (PARTY WAIJ): I MOM' I A row of two (2) to six (6) attached, one-family,party wall dwellings, not more than two (2) rooms in depth measured from the building line. DWELLING,I'wo- F-7___ --- -�-- F,\MILY: -� I I OR I I I I A building designed''or altered to provide dwelling units for occupancy by two (2) families. DWIiLI.ING UNIT: One (1) or more rooms in a residential structure or apartment hotel, designed for occupancy by one (1) family, for living and sleeping purposes. EDUCA'I'IONAI. Public, parochial, charitable or nonprofit junior college,college or INSTITUTION: university, other than trade or 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. ESSENTIAL A Commercial vehicle, excluding a tow truck or a panel truck, that is COMMERCIAL. used for essential emergency twenty-four (24) hour service such as x'Iil]ICLE: electrical,mechanical and plumbing contracting,and does not exceed a State of Illinois licensure classification of"D" when the vehicle is also the owner's principal means of transportation to and from their place of employment FACADE: Any side of a building that faces a public street or a main parking area on the site. FAMILY: One (1) or more persons related by blood,marriage, or adoption, or a group of not more than three (3) persons (excluding servants) who need not be related by blood,marriage or adoption,living together and maintaining a common household,but not including sororities, fraternities or similar organizations. 17 sty, 11T.110 9 j coiner Lout 0.9 f Intclo.Inns:T,4.6,7, it Z � S 10,11.12 4 I b 7 6 RMMC4 Coiner LAM:1.3 3 [.�.�.�. Thmugh Laces 5 ifflaht or way street G / Corner Lots:S n� F p s \ / a�rr c�'c' A arsel of land situated at the / intersection of two (2) or more public a and/or private streets or adjoining a curved street at the end of a block. LoT COVFRAG,E:: The maximum area of a zoning lot,expressed as a percentage of a lot's total area,which can be covered. This includes, but is not limited to the principal building or buildings, accessory structures,hardscape (driveways, sidewalks,pavement or any area of concrete asphalt, permeable pavement,gravel) and in-ground pools. Free-standing hot tubs,vehicles, above-ground pools, and decks do not count toward lot coverage calculations. Lo,r DR1 TI 4: 1 L The horizontal distance SIMMEr between the front and rear lot lines measured in the � mean direction of the side lot lines. l � ! LoT WIDTkI I I 22 LOT,FRONTAG1" Smet The front of a lot shall be that boundary of a lot along a public street; for a corner Lm lot,the owner may I I elect either street I line as the front Ilot line. LO"I',INTERIOR: I L s� J 0 j Corner Leto:9,9 � I 4 � 1nn:eioe Lau:2,1,6,7, 5 10,11,13 3 1 6 7 8 I Aevened Comet Loto:113 -1-.1- _._j Through Lou.5 Iftbi of Wav Street A lot other than a corner,reversed corner, or through lot. Lar LINE, I A side lot line of a ErrnmoR: L corner lot,said line mgr being common with a WT�,, ' public street property line. This definition includes front lot FROM ez &C9 lines, exterior rear lot lines and exterior side lot lines. -Raw=UAR s�cx ,- LOT LINE, A rear lot line on a zoning lot that abuts a right-of--way. EXTERIOR REAR: LOT LINE, A side lot line on a zoning lot that abuts a right-of-way. EXTERIOR SIDFI: 23 LOT LIM,., FRONT: The front property line of a zoning lot. (see figure in definition of lot line, exterior) Lar LINE;, A side lot line common with another lot and which does not abut a INTERIOR: right-of--way. This definition includes interior side lot lines and interior rear lot lines. (see figure in definition of lot line, exterior) LOT I,INE', A rear lot line that does not abut a right-of-way. IN'1'BRIOR REAR: LOT IANE, A side lot line that does not abut right-of-way. IN'T'ERIOR SIDE: Lar LINK.,R1,AR: The "rear lot line" is the lot line or lot lines most parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines. (see figure in definition of lot line, exterior) CORNER: �L. •� Stmt r >Z 11 10 9 j Corner Lott;6,9 I 2 Interior lots 2,4,6,7, 5 10,11,12 S 4 I 6 I 7 1 B Reversed Cotner Lou:1,3 �.�.1. �. -1—.i Through Lou:5 jfthl.f WWy Street A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. LO'r,M IROUG I (A]—SO REEF RI?D TO Sweet J FRONTAGE 1.0'1): 1 12 � 31 10 9 Corner Lou:D,9 I 2 Interior Lott:2,4,6,7, 3 10,11,12 3 6 7 I 6 Reversed Comet Lou:1,3 f �.�.�..,� _....1......_I Through Lots:5 jftb,.f Why Street A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. 24 Rooi,-n PI:s The following roof types are illustrative examples of roofs types referenced to in the zoning ordinance. HIT ROOF GANDRE.L,ROOF FLAT ROOF 00 � GABLE ROOF MAAISAJW ROOF e Cn SE.'MACK The minimum distance by which any building or structure must be separated from any existing or proposed lot lines. SETBACK LINE A line designating the minimum distance a building or structure must be setback from any existing or proposed lot line. SETBACK LINE, BUILDING: I The line nearest the i I front of and across a Ii lot establishing the I I minimum open Ii space to be provided i I between the front I line of a building or i structure and the BUILDING �'IsxE street right-of-way t line 1- - - J— Public Strect B.O.W. 31 SETBACK LINE, I A line parallel to and EXTERIOR: srRZIrr at a distance from the exterior lot line that LOT O' establishes the minimum distance between the exterior lot line and a structure on a lot. P aunDsMZAM AMOR OU SEMI= . SETBACK LINE, A line parallel to and at a distance from the interior lot line that INTERIOR: establishes the minimum distance between the interior lot line and a structure on a lot (see figure in definition of setback line, exterior). 5E rBALCK LINE, A line parallel to and at a distance from the front lot line that FRONT establishes the minimum distance between said lot line and a structure on a lot(see figure in definition of setback line, exterior). Sl'rBACK LINE, A line parallel to and at a distance from the front lot line that Ea7TRIOR FRONT: establishes the minimum distance between said lot line and a structure on a lot (see figure in definition of setback lime, exterior). SETBACK LINE, A line parallel to and at a distance from the exterior rear lot line that I-X rERIOR REAR: establishes the minimum distance between said lot line and a structure on a lot (see figure in definition of setback line, exterior). SETBACK LINE, A line parallel to and at a distance from the exterior rear lot line that I'X ERIOR SIDF,: establishes the minimurn distance between said lot line and a structure on a lot (see Figure in definition of setback line, exterior). 32 SMOKE UNITS: Smoke units represent the number obtained by multiplying the smoke density in Ringelmann Numbers by the time of emission in minutes. For the purpose of this calculation,a 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. SP); . ,t D. Ornamental Iron.Any wrought iron,metal, or composite fence, of primarily open design,consisting of straight or curved bars or pieces,including metal vertical icket fences. Examples of ornamental iron fences are shown below. t E. Chain Link. A fence of primarily open design consisting of an interlocking pattern of wire,metal or coated metal of at least 1/8"in diameter supported by vertical and/or horizontal bars or posts of at least one and one-half inches (l '/z') in diameter. Exa3ri lcs o?`chain link fences are shown below. F.Lattice. A framework or structure of crossed wood,metal,or composite material. Exarra ]es of lattice fences are shown below. w*� •aa a*srr rrrrwra■bull rrri�wun + +�r.rt•+++r' ��MDrsr:rsoist . ..� Maltese # �;y',-• �.:lr{:v+�i'.��i+� hr.i��r�I.r��A��f'��ia 'Frf - .—Ire �.ie�rtllr G. Wire Mesh. A fence of primarily open design consisting of an interlocking pattern of wire less than 1/8"in diameter supported by vertical or horizontal bars or posts less than one and one-half(1 t/s") in diameter. 45 FENCE HEIGHT WITH A POST CAP IN EXCESS OF SIX(6)INCHES FMCL IILIGIII, i i 4.2-4.6. Sight Triangle. SnrRL[IW Within fifteen horizontal feet (15') of —••— I—�y ' f " intersecting property lines at public F 4 streets,walks, driveways,bike paths, or ^„ walking paths, fences shall not exceed """T'JIUANG11' 1,,�"`r Il three (3') feet in height,whether solid sha M Ca,nnt(3)ka, or open fencing is used. I � I 4.2-4.7. Maintenance. The International Property Maintenance Code shall regulate fence maintenance. �F 4.2-4.8. Construction. The International Property Maintenance Code shall regulate proper construction standards for fences including but not limited to post materials and installation. 4.2-4.9. Materials and Uniformity. A. Fences shall be constructed of materials customarily used and manufactured as common fence materials. Examples of common fence materials are described and illustrated in the fence classifications portion of this section. B. Fences shall be of uniform height, material, type, color and design,and shall be so for the extent of the entire length of fence, except where a fence transitions from one yard to another or from one height to another per the requirements of this article. C.Wire mesh shall not be considered a common fence material and is prohibited, however,wire mesh may be used for functional purposes such as a border for gardens when the height does not exceed three (3) feet. D.Wood fences shall be made of a species either pressure treated or having natural resistance to decay. E. Lattice used as fences shall be completely framed using uniform framing materials. F. Chain link fences shall include a top rail. G. Fences with tarps and other similar coverings secured to fence are prohibited. 47 TITLE 10 - ZONING Table of Contents Subject Chapter ZoningPurpose and Interpretation........................................................................................................................1 Rules and Definitions...................................................................................................................... .............2 General Zoning Provisions......................................................................................................................................3 Zoning Administration and Enforcement................................................................................................................4 ZoningDistricts and Maps......................................................................................................................................5 Permittedand Special Uses....................................................................................................................................6 Dimensional Requirements....................................................................................................................................7 ZoningDistricts.................................................................................................................................................9-13 A-1,Agricultural District............................................................................................................................................B ResidentialDistricts...................................................................................................................................................9 E-1, Estate District..............................................................................................................................................9A R-1,One-Family Residence District....................................................................................................................9B R-2,One-Family Residence District....................................................................................................................9C R-2 Duplex,Two-Family Residence District........................................................................................................9D R-3,General Residence District................................................................................................................ ..........9E R-4,General Residence District..........................................................................................................................9F CDD,Conservation Design District......................................................................................................................10 BusinessDistricts.....................................................................................................................................................11 0,Office District...............................................................................................................................................11A B-1, Limited Business District...........................................................................................................................11B B-2,General Business District...........................................................................................................................11C B-3,Service Business District...............:............................................................................................................11D 8-4, Business District........................................................................................................................................11E ManufacturingDistricts...........................................................................................................................................12 M-1,Limited Manufacturing District................................................................................................................12A M-2,General Manufacturing District...............................................................................................................12B PUD, Planned Unit Development District................................................................................................................13 HistoricDowntown Overlay District.....................................................................................................................14 Route47 Overlay District.....................................................................................................................................15 NonconformingBuildings,Structures,and Uses...................................................................................................16 OffStreet Parking and Loading. ...........................................................................................................................17 Towerand Antenna Regulations..........................................................................................................................19 RooftopWind Energy Systems.............................................................................................................................19 SmallWind Energy Systems..................................................................................................................................20 CHAPTER 1 Zoning Purpose and Interpretation 10-1-1:TITLE: This Title, including the Zoning District Map made a part hereof,shall be known,cited and referred to as the UNITED CITY OF YORKVILLE ZONING ORDINANCE, 10-1-2: INTENT AND PURPOSE: This Title is adopted for the following purposes; A.To promote and protect the public health,safety,morals,comfort and general welfare of the people; B.To divide the City into zones or districts restricting and regulating therein the location,erection,construction, reconstruction,alteration and use of buildings,structures and land for residence, business and manufacturing and other specified uses; C.To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D.To provide adequate light,air,privacy and convenience of access to property; E.To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health; F.To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas in order to provide adequate light,air, privacy and access to property; G.To fix reasonable standards to which buildings or structures shall conform therein; H.To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; I.To prevent additions to,or alteration or remodeling of,existing buildings imposed hereunder; J.To limit congestion in the public streets and protect the public health,safety,convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles; K.To protect against fire,explosion, noxious fumes and other hazards in the interest of the public health,safety, comfort and general welfare; L.To prevent the overcrowding of land and undue concentration of structures,so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them; M.To conserve the taxable value of land and buildings throughout the City; 1 N.To provide for the elimination of nonconforming uses of land,buildings and structures which are adversely affecting the character and value of desirable development in each district; and 0.To define and limit the powers and duties of the administrative officers and bodies as provided herein. 10-1-3: INTERPRETATION: A. Minimum Requirements:The provisions of this Title shall be held to be the minimum requirements for the promotion of public health,safety,morals and welfare. B. Relationship with Other Laws:Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulls of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law,ordinance, resolution,rule or regulation of any kind,the regulations which are more restrictive(or which impose higher standards or requirements) shall govern. C. Existing Agreements:This Title is not intended to abrogate any easement,covenarlt or any other private agreement; provided,that where the regulations of this Title are more restrictive(or impose higher standards or requirements)than such easements, covenants or other private agreements,the requirements of this Title shall govern. 10-1-4:SCOPE OF REGULATIONS: A.Changes in Structures or Use: Except as may otherwise be provided in Chapter 16 of this Title,all buildings erected hereinafter,all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter,and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. B.Nonconforming Buildings,Structures and Uses:Any lawful building,structure or use existing at the effective date hereof may be continued,even though such building,structure or use does not conform to the provisions hereof for the district in which it is located,and whenever a district shall be changed hereafter,the then existing lawful use may be continued,subject to the provisions of Chapter 16 of this Title. C. Building Permits:When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof,and provided that construction is begun within six(6) months of such effective date and diligently prosecuted to completion,said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued,and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated,subject thereafter to the provisions of Chapter 16 of this Title. D. Existing Special Uses:Where a use is classified as a special use under this Title,and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of the City Council,the Zoning Administrator or the Board of Appeals. 2 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 FOR WORD CONSTRUCTION: A.Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular. B.The word "shall"is mandatory and not discretionary. C.The word"may"is permissive. D.The word "lot"shall include the words"plot","piece","parcel";the word"building"includes all other structures of every kind regardless of similarity to buildings;and the phrase"used for"shall include the phrase"arranged for", "designed for","intended for","maintained for",and 'occupied for". 10-2-3: DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. 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. ACREAGE:Any tract or parcel of Land having an area of one acre or more which has not been subdivided by metes and bounds 4or 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. 3 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. 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 partlyor completely below grade. BANK: A building for the custody, loan,or exchange of money,for the extension of credit and for facilitating the transmission of funds. This definition.includes credit unions,savings and loan facilities, payday loans,personal loan agencies and pawnshops. BED AND BREAKFAST INN (B&B):A private, owner/operator occupied residence with guest rooms, providing overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn is operated primarily as a business. BILLIARD PARLOR:A business establishment for a principal use as a billiard facility. BLOCK:A tract of land bounded by streets or,in lieu of a street or streets, by public parks, cemeteries, railroad rights of way,bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum b feet in height. 4 BOWLING ALLEY: A business establishment with a principal use for the sport of ten-pin bowling which may include incidental food services. 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 adjacentopen space,or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. BUILDING, DETACHED:A building surrounded by open space on the same zoning lot. BUILDING, HEIGHT:The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof;to the deck line of a mansard roof;and to the mean height level between eaves and the ridge of a gable,hip or gambrel roof,provided, that where buildings are set back from the street line,the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.(See section 10-2-4 of this chapter for diagram). BUILDING, INSPECTOR:The designated city official responsible for inspecting buildings within the city. BUILDING, LINE:A line or lines,including the building setback line,on the horizontal surface of a lot, parallel to the front,side and rear lot lines,and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title.(See section 10-2-4 of this chapter for diagram.) BUILDING, MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale, from the premises,of materials used in the construction of buildings or other structures. BUILDING, NONCONFORMING:Any building which does not conform to the regulations of this title prescribing the use, required yards,coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located. BUILDING, PRINCIPAL:A non-accessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING,SETBACK LINE:A line parallel to the street line of a distance from it,regulated by the front yard requirements set up in this Title. BUILDING,TEMPORARY:Any building not designed to be permanently located in the place where it is,or where it is intended to be placed or affixed. BULK:The term used to describe the size and mutual relationships of buildings and other structures,as to size, height, coverage,shape,location of exterior walls in relation to lot lines,to the center lines of the streets, to other walls of the same buildings,and to other buildings or structures, and to all open spaces relating to the building or structure. 5 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 nonprofit association of persons who are bona fide members paying annual dues which owns,hires or leases a building,or portion thereof,the use of such premises being restricted to members and their guests. it shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available.The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals,though such beverages may be served in a separate room or rooms,and provided that such sale of alcoholic beverages is in compliance with the applicable local, Federal and State laws,and County ordinances. COLLEGE: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate,baccalaureate,or higher degrees. COMMERCIAL FEEDING:A land use or facility used for the confined feeding operation for fish,poultry,swine or livestock. COMMUNITY CENTER: A building or structure used as a place of meeting, recreation or social activity,generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE:A building or structure which: A.Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located;and B. Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. 6 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. DAYCARE FACILITY:An establishment providing care for three(3)or more children under the age of twelve(12)for periods of more than four(4) hours but not exceeding twenty four(24)hours. DECIBEL(dB):A unit of measurement of the intensity(loudness)of sound.Sound level meters which are employed to measure the intensity of sound are calibrated in"decibels". DENSITY, GROSS:A ratio of the total number of dwelling units on a site,divided by the total acreage of the site,to include streets,schools, parks,etc.,expressed as dwelling units per acre. DENSITY, NET:A ratio of the total number of dwelling units on a site,divided by the number of acres used exclusively for a residential type acreage not to include schools, parks,streets,etc.,expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT(Earth):The amplitude or intensity of an earthborn vibration measured in inches.The displacement or amplitude is one-half(1/2)the total earth movement. DISTRICT:A section or part of the unincorporated portion of the City for which the use regulations are uniform. 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,two-family dwelling units 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. 7 DWELLING, MULTIPLE-FAMILY:A building,or portion thereof,designed or altered for occupancy by three(3)or more families living independently of each other. DWELLING,SINGLE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one family which is surrounded on al[sides by open space on the same lot. DWELLING,TOWNHOUSE:A single-family dwelling unit constructed in a group of three or more attached units 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. EFFICIENCY UNIT:A dwelling unit consisting of one principal room,exclusive of bathroom, kitchen, hallway, closets or dining alcove,directly off the principal room. EQUIVALENT OPACITY:The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray. ERECT:The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT, BUSINESS:A separate place of business having the following three(3)characteristics: A.The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. B. Direct public access to such "business establishment" is separate and distinct from direct access to any other"business establishment". C.There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another,they shall then be considered as a single "business establishment"for the purpose of this title. FAMILY:One or more persons related by blood,marriage or adoption, or a group of not more than five(5)persons (excluding servants)who need not be related by blood,marriage or adoption, living together and maintaining a common household. FENCE:A structure,including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE, OPEN:A fence which has over its entirety at least fifty percent(50%)of the surface area in open space as viewed at right angles from the fence;except,that the required open space in louver type fences may be viewed from any angle. FENCE,SOLID:A fence which conceals from view,from adjoining properties,streets or alleys, activities conducted behind it. FLOOR AREA, GROSS(For Determining Floor Area Ratio):The sum of the gross horizontal areas of the several floors,including also the basement floor of a building,measured from the exterior faces of the exterior walls or 8 from the centerlines of walls separating two(2) buildings.The"floor area"shall also include the horizontal areas on each floor devoted to: A. Elevator shafts and stairwells. B. Mechanical equipment,except if located on the roof,when either open or enclosed,i.e.,bulkheads, water tanks and cooling towers. C.Habitable attic space as permitted by the building code of the city°. D.Interior balconies and mezzanines. E. Enclosed porches. F.Accessory uses. The"floor area"of structures used for bulk storage of materials,i.e.,grain elevators and petroleum tanks, shall also be included in the"floor area"and such"floor area"shall be determined on the basis of the height of such structures with one floor for each ten feet(10')of structure height and if such structure measures less than ten feet(10')but not less than five feet(5')over such floor height intervals,it shall be construed to have an additional floor.The horizontal area in each floor of a building devoted to off street parking and off street loading facilities shall not be included in the"floor area". "Floor area"when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to uses accessory to the operation of the entire building.All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA, RATIO:The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.(See section 10-2- 4 of this chapter for diagram.) FLOOR AREA, LIVABLE.Any floor area within outside walls of a residential building exclusive of areas in, basements, lookout basements, unfinished attics,garages,open porches and accessory buildings, but including any area "roughed in"but not completed which is designed and intended for human occupancy. FOOT-CANDLE:A unlit of illumination,equivalent to the illumination at all points which are one foot(1')distant from a uniform point source of one candlepower. FOOT-LAMBERT:A unit of brightness, usually of a reflecting surface.A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot(1')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 9 business,service or industry connected directly or indirectly with automotive vehicles is carried on;provided,that not more than one-half('/z)of the space may be rented for the private vehicles of persons not resident on the premises;except,that all the space in a garage of one or two(2)car capacity may be so rented.Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five(5) tons. GASOLINE SERVICE STATION:A place where gasoline,stored only in underground tanks,kerosene,lubricating oil or grease,for operation of automobiles, are offered for sale directly to the public on the premises,and including minor accessories and the services of automobiles, mechanical or manual washing of automobiles, but not including major automobile repairs. Gasoline service stations shall not include sale or storage of automobiles or trailers(new or used). GOLF COURSE:A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related retail sales, restaurant,golf driving range but excluding miniature golf. GOLF DRIVING RANGE: An area equipped with distance markers, clubs,balls and tees for practicing golf drives and putting which may include incidental retail sales and food services, but excludes miniature golf. GRADE:The established grade of the street or sidewalk.Where no such grade has been established,the grade shall be the elevation of the sidewalk at the property line.Where no sidewalks exist,the grade shall be the average elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions,as determined by the director of public works,grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption,which typically also offer other home care and personal care products. GROUP HOME: A single-family dwelling housing not more than eight(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 subsectlonll 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. 10 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(1,2000) 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. LAUNDRY:A business that provides coin-operated,self-service type washing,drying, dry cleaning and ironing facilities;provided that: A. Not more than Four(4)persons, including owners,are employed on the premises;and B. No pickup or delivery service is maintained. LIBRARY: A public facility for the use, but not sale,of literary, musical,artistic,or reference materials. LOADING AND UNLOADING SPACE,OFF-STREET:An open,hard-surfaced area of land other than a street or public way,the principal use of which is for the standing,loading and unloading of motor vehicles,tractors and trailers to avoid undue interference with public streets and alleys.Such space shall not'be less than ten feet in width,twenty five feet in length and fourteen feet in height(10'x 25'x 14'),exclusive of access aisles and maneuvering space. LOOK OUT BASEMENT:A story having more than one-half(1/2)of its height below the curb level or below the highest level of the adjoining ground.A look out basement shall not be counted as a story for the purposes of height measurement. LOT:A parcel of land legally described as a distinct portion or piece of land of record. (See Section 10-2-4 of this Chapter for diagram of lot types.)- LOT,AREA:The area of a horizontal plane bounded by the front,side and rear lot lines. LOT,CORNER:A lot situated at the junction of and abutting on two(2)or more intersecting streets;or a lot at the point of deflection in alignment of a single street,the interior angle of which is one hundred thirty five degrees (135°)or less.{See Section 10-2-4 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, 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 on a street;provided,that the owner may orient his building toward either street. LOT, INTERIOR:A lot other than a corner lot or reversed corner lot. (See Section 10-2-4 of this Chapter for diagram.) 11 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 property line of a zoning lot. 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. 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 ROME:A manufactured home structure transportable in one or more sections,which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities,and includes the plumbing, heating,air- conditioning and electrical systems that may be contained therein;except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary(HUD)and complies with the standards established under this Title. For manufactured homes built prior to June 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 12 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 rangeof 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. 13 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(11h)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(11/2)tons'capacity. 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 manufacturing developments 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.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 of professional service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization. By way of example,and without limiting the generality of this definition, professional services include services rendered by certified public accountants,engineers,chiropractors,dentists,physicians, podiatrists, architects,veterinarians, attorneys at law,physical therapists and insurance agents. PUBLIC OPEN SPACE:Any publicly owned open area,including, but not limited to,the following:parks, playgrounds,forest preserves,beaches,waterways,parkways and streets. PUBLIC UTILITY:Any person,firm,corporation or municipal department duly authorized to furnish, under public regulation,to the public, electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including 14 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. Examples include but are not limited to,travel trailers, motor homes, boats,snowmobiles, and all-terrain vehicles. Recreational vehicles shall include any mobile structure designed for 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. 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 an 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 15 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, 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 gasborne 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.. 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. 16 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(41/2')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:A line separating an abutting lot, piece or parcel from a street. STRUCTURAL ALTERATIONS:Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls,columns, beams and girders. STRUCTURE:Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TAVERN OR LOUNGE:A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. TAXICAB BUSINESS: A service that offers transportation in passenger automobiles and vans to persons in return for remuneration. The business may include facilities for servicing, repair,and fueling the taxicabs or vans. TERRACE,OPEN:A level and rather narrow plane or platform which,for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet(4')in height above the average level of the adjoining ground. THEATER: A structure used for dramatic, operatic, motion pictures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions. TITLE: Reference to "title" herein shall be construed to be the Yorkville zoning ordinance. TOURIST HOME:A dwelling in which accommodations are provided or offered for transient guests. TOXIC MATERIALS:A substance(liquid,solid or gaseous)which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property. TRADE SCHOOL: A school established to provide for the teaching of industrial,clerical, managerial, or artistic skills. 17 This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum(e.g.,beauty school, modeling school). TRAILER:A vehicle without motive power,designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer,boat trailer, horse trailer or cargo trailer. TRAILER, CAMPING:A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty(130)square feet. TRAILER HOUSE OR MOBILE HOME:see Mobile Home definition. TRAILER,TRAVEL:A trailer designed and constructed for dwelling purposes which may contain cooking,sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square feet or more but less than two hundred twenty(220)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(1'/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 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 18 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. 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 which is bounded by the side lot lines,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 which is bounded by side lot lines, rear lot line and the rear yard line. YARD,SIDE:A yard which is bounded by the rear yard line,front yard line,side yard line and side lot line. 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. ZONE:A district,as defined in this section. ZONING BOARD OF APPEALS:See Title 2, Chapter 2 of this code. 19 10-2-4: DIAGRAMS: See following pages for diagrams: 20 YARD a BUILDING LINES REAR LOT LINE REAR YARD- .. ........ ........... . ......... . ARE" �`': :>� ;.�::.:;:;:::.<:�:�.� :! i:"'BUILDABLE A• -5 .......... 93 ................. 9U-ILD-14-0 SET-BW.K LINE FRONT YARD STREET ILLUSTRATION ONLY 21 FLOOR AREA RATIO FAR 0.6 AN 0.2 sr RFFr I� ILLUSTRATION ONLY 22 TYPES OF LOTS O I % O O STREET w w cr ® ® o STREET (1) INTERIOR LOT 02 CORNER LOT (3 REVERSED CORNER LOT 4� THROUGH LOT ILLUSTRATION ONLY 23 LOT COVERAGE 40016 20% 10% l,. ILLUSTRATION !PNI v 24 IV LW v LOT DIMENSIONS I t � I i I � I I l d w la I e L WIDTH LOT WIDTH r-4u,00Tm. SETBACK LIN �— ----- — �T . Mm�k STREET ILLUSTRATION ONLY 25 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 conform to the building regulations established herein For the district in which each building shall be located;except,that parapet walls,chimneys,cooling towers,elevator bulkheads,fire towers,stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. 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 shall not be less conforming to all bulk regulations of the zoning district in which the property is located. 10-3-2: OPEN SPACE ON LOTS: A. Maintenance of Yards,Courts and Other Open Spaces:The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards,courts,other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard,court,other open space or minimum lot area requirements for any other building. B.Location of Required Open Space:All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group,except as otherwise permitted in.planned development and planned open spaces. C. Required Yards for Existing Buildings:No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below,or further reduced below if already less than,the minimum yard requirements of this Title for equivalent new construction,except as provided in Section 10-10-7 of this Title. D. Permitted Obstructions in Required Yards:The following shall not be considered to be obstructions when located in the required yards specified: 1. In Ail Required Yards: a.Open terraces not over four feet(4')above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch;awnings and canopies;steps four feet(4')or less above grade which are necessary for access to a zoning lot from a street or alley;chimneys projecting eighteen inches (18")or less into the yard;recreational and laundry-drying equipment;arbors and trellises;and flagpoles. 26 b.Open mesh-type fences having a height of six feet(6)or less may be used to locate property lines within the required side or rear yards in the residence districts. Fences,walls or latticework screens which form outside living rooms or provide necessary privacy for swimming pools or other activities and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yard but not both yards.Where the projecting fence,wall or screen has fifty percent(50%)or more of the surface open or is a vertical type of boulevard Fence,which can prevent free movement of air from one or more directions and yet have more than fifty percent(50%) of its surface open when viewed on an angle from two(2)directions, it shall be permitted;provided, 1)that the projection shall not prohibit the erection of an open mesh-type fence over six feet(6')in height enclosing an elementary or high school site, and 2) that this projection shall not limit the height,type or location of a fence,wall or other structures which are located within the buildable area exclusive of the side or rear yards of the property.However,no fence may be located that will, in the opinion of the Zoning Officer,obstruct the vision at a street intersection, alley or driveway that may create unsafe traffic movements. 2. In Front Yards:One story bay windows projecting three feet(3')or less into the yard;and overhanging eaves and gutters projecting three feet(3')or less into the required yard. 3. In Rear Yards:Enclosed,attached or detached off-street parking spaces;open off-street parking spaces, accessory sheds,tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches,one-story bay windows projecting three feet(3')or less into the required yards, overhanging eaves and gutters projecting three feet(3')or less into the required yard. In any residence district, no accessory building shall be nearer than five feet(5')to the side and rear lot line nor nearer than ten feet(10')to any principal building on an adjoining lot. 4. In Side Yards:Overhanging eaves and gutters.projecting into the required yard for a distance not exceeding forty percent(40%)of the required yard width but in no case exceeding thirty inches(30"). E.Corner Clearance:There shall be no material obstructions to vision on any corner lot between a height of two feet(2')and a height of ten feet(10')above the finished grade of either street within a forty foot(40')triangle formed by the intersecting street lines. 10-3-3: LOT AREA AND DIMENSION: A.Contiguous Parcels:When two(2)or more parcels of land,each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located,are contiguous and are held in one ownership,they shall be used as one zoning lot for such use. B. Lots or Parcels of Land of Record:Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use;provided,that yards,courts or usable open spaces are not less than seventy five percent(75%)of the minimum required dimensions or areas,except as provided in Section 10-10-7 of this Title. 10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development,not more than one principal detached residential building shall be located on a zoning lot,nor shall a principal detached residential building be located on the same zoning lot with any other principal building. 10-3-5:ACCESSORY BUILDINGS: 27 A. Location:No part of any accessory building shall be located closer than five feet(5') from any side or rear property line, nor closer than ten feet(10')to any main building,unless attached and a part of such main building. B.Time of Construction: No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. C. Height of Accessory Buildings in Required Rear Yards:No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet(15')in height. D.On Reversed Corner Lots: On a reversed corner lot in a residence district and within fifteen feet(15')of any adjacent property to the rear in a residence district,no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%)of the least depth which would be required under this title for the front yard on such adjacent property to the rear. Further,in the above instance,no such accessory building shall be located within five feet(5')of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. 10-3-6: ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title,every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. 10-3-7: REQUIRED FENCES, HEDGES AND WALLS: A. A six foot(6')high fence or wall shall be constructed along the perimeter of all areas considered by the plan commission to be dangerous to the public health and safety. B. When required by the zoning administrator, a six foot(6')high solid masonry wall shall be erected along the property line or zone boundary lines to separate industrial and commercial districts or uses from abutting residential districts as follows: 1.Where the zone boundary is at a rear lot line which is not on a street,the wall shall be on that line. 2.Where the boundary is a side lot line,the wall shall parallel said side lot line and be reduced to three feet (3')in height in the area set forth as a required front yard for the abutting residential district.The wall paralleling the front property line shall be set back from said property line not less than ten feet(10') and the space between the wall and the front property line is to be landscaped and maintained. 3.Where the boundary is a street,the wall shall be set back from the property line a distance of ten feet (10'),The space between the wall and the property line shall be landscaped and maintained. 4.Where the boundary is an alley,the wall shall be on the property line along the alley. C. Barbed wire fencing shall be prohibited within the boundaries of the city limits unless a variance is obtained to the contrary. D. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local,state or federal law. 28 10-3-8:TRAVEL TRAILERS; CAMPING TRAILERS; RECREATIONAL ITEMS: 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:Travel trailers shall not be parked or stored on any lot other than in a lawfully established travel camp or trailer sales or manufacturing establishment;except,that in a residence district,one travel trailer may be stored within an enclosed structure on a lot. No more than one camping trailer may be parked or stored in the open on a lot in a residence district and only when it is not located within a required yard. C. Temporary Parking:Temporary parking and use of 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 trailers for temporary offices or storage uses Incidental to and only for the period of time of construction of a building, provided such trailers are located on the same or contiguous lot as the building being constructed. D. 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 zoning administrator. E. Boats: Boats may be parked or stored in the open when in the operation of a lawfully established principal use,and one boat may be stored or parked on a lot containing a dwelling;provided,that it shall be located within the buildable area or in a rear yard and no major repair, disassembly or rebuilding operations are conducted thereon.(Ord.1973-56A, 3-28-1974) 10-3-9: AIRPORTS AND SURROUNDING TERRITORY: Airports and surrounding territory are subject to the rules and regulations of the state of Illinois,department of aeronautics and to the following: A. Height of structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the state of Illinois, department of aeronautics shall be in accordance with the requirements set forth in the approach plan. B. Height of structures in areas ten thousand (10,000) linear feet beyond the boundaries of airports that do not have an established approach plan shall be governed by the following: 1. For an airport having the longest runway less than three thousand nine hundred fifty(3,950)linear feet in length,structures located just beyond the boundaries of the airport shall not be in excess of fifteen feet(15') in height,and for every two hundred (200) linear feet of additional distance from the airport boundaries,the height of structures may be increased by not more than ten feet(10'). 29 2. For an airport having a runway of three thousand nine hundred Fifty(3,450) linear feet or more in length, structures just beyond the boundaries of the airport shall not be in excess of fifteen feet(15')in height; and for every two hundred(200)linear feet of additional distance from the airport boundaries,the height of structures may be increased by not more than five feet(5');and where a runway has been designated as an instrument runway,the height of structures may be increased by not more than four Feet(4')in every two hundred(200)linear feet of additional distance from airport boundaries for the first ten thousand(10,000)linear feet,and for the area covered in the next forty thousand(40,000) linear feet,the height of structures may be increased by not more than five feet(5')in every additional two hundred (200)linear feet. C. Structures exceeding the limiting heights shall be considered obstructions to air navigation unless found not to be objectionable after special aeronautical study.Such structures may be specifically authorized as a variation after public hearing by the zoning board as provided by law. 10-3-10: PERFORMANCE STANDARDS: The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title,noise, smoke,odorous matter,vibration,toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to all residence or business districts. 10-3-11: HOME OCCUPATIONS In all residence districts,any customary home occupation shall be permitted 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 purposes. B. It is not conducted from a detached or attached accessory building, or require internal or external alteration,or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than one-fourth ('/q)of the floor area of a story,including also the lookout basement,of the dwelling is devoted to such home gccupation. C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling, except one nameplate,no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted by only a member of the family residing on the premises, plus only one additional person, whether or not a member of such family. E. 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 carrier 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 H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2) pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. 10-3-12: 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