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Zoning Commission Packet 2010 09-22-10 United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 44. AGENDA ZONING COMMISSION MEETING Wednesday, September 22, 2010 7:00 P.M. Parks & Recreation Administration Office 201 W. Hydraulic 1. Welcome 2. Roll Call 3. Approval of August 25, 2010 meeting minutes 4. Old Business: a) Continued Review and Commentary of Previously Revised Zoning_Chapters • Table of Contents • Chapter 1: Zoning Purpose and Interpretation • Chapter 2: Rules and Definitions • Chapter 3: Zoning Provisions 5. New Business: a) Review and Commentary • Chapter 4: Zoning Administration • Chapter 5: Zoning Districts and Maps • Chapter 6: Permitted and Special Uses • Chapter 7: Dimensional and Bulk Regulations 6. Adjournment 7. Next meeting date: October 20, 2010 Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday, August 25, 2010 7:00pm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Board Members in Attendance: Michael Crouch,Chairman Jeff Baker Al Green Greg Millen Gary Neyer(7:08pm) Absent: Pete Huinker Phil Haugen City Officials in Attendance: Krysti Barksdale-Noble,Community Development Director Guests: None Meeting Called to Order: Chairman Michael Crouch called the meeting to order at 7:04pm. Roll Call: Roll call was taken and a quorum was established. Previous Meeting Minutes: July 28,2010 July 28,2010 minutes were approved as read on a motion by Jeff Baker and second by Al Green. Approved by unanimous voice vote. Continued Review and Commentary of Previously Recommended Zoning Chanters A: Table of Contents Ms.Noble indicated that all new/revised sections in the Table of Contents have been highlighted.The following chapters have been re-named:Dimensional and Bulk Requirements(formerly Dimensional Requirements),R-I and R-2 under Residential Districts has been renamed Single-Family,and Telecommunication Towers,Antennas, and Facilities(formerly Telecommunication Facilities). Discussion Mr. Baker would like the Residential Districts to have additional clarity provided; R-I and R-2,along with R-3 and R-4 both have the same titles.The group agreed that Ms.Noble would research other communities, to see how their residential districts are titled. Page 2 of 3 B: Chapter 1:Zoning Purpose and Interpretatio n Title 10-I-1 was modified as underlined,to reflect that this document is continually changing.Authority and Applicability were added to the document. Ms.Noble stated that Applicability includes a disclaimer,so that someone would not be able to claim that this document does not apply to their particular lot/structure.Title 10-1-4 was modified as underlined.Title 10-1-4 Descriptors N-R&U were added as underlined,reflecting chapters which the Commission had previously reviewed."N"reflects the Conservation District;"0" reflects Conservation District trails;"P"is regarding the Historical District; "Q"refers to alternative energy; "R"incorporates the Comprehensive Plan; "S"adds the word gradual;"U"allows for prescription of penalties for violations. Discussion Mr. Baker would like language added that the Subdivision Control Ordinance applies to not just new projects,but also older/existing properties within City limits which date back to 1850,so that older parts of town are maintained and upgraded to the same standards(curb, gutter)as new developments.Ms.Noble suggested that the verbiage"the Subdivision Control Ordinance shall apply to all properties located within City's corporate boundaries as of the date of adoption of this ordinance"would suffice.Mr.Neyer believes that requiring conformance to the Subdivision Control Ordinance with no exceptions may create some difficult situations and unnecessary expenses,which could hamper the City's ability to make improvements. Mr.Crouch suggested that the Subdivision Control Ordinance could benefit from increased flexibility and language stating that the topography of the area in question should be considered before applying a firm rule regarding improvements within older/existing areas.Ms.Noble summarized the discussion by stating that the language referencing the Subdivision Control Ordinance can be referenced in the Intent and Purpose, however the specific zoning district chapters is where the requirements will be spelled out. Mr.Neyer expressed concern that"R"may cause difficulties with flexibility when new developments are proposed,as future decision makers may not know that the Comprehensive Plan is intended to be used as a guideline only.Mr. Green reminded everyone that as the guest speaker Ronald Cope stated last month the Comprehensive Plan is a sub-document,and cannot trump the Zoning Ordinance.The group agreed to modify"R"to state that the Comprehensive Plan's objectives shall be considered,as opposed to implemented and advanced. A Separability Clause was added at the end of Chapter 1. C: Chapter 2: Rules and Definitions Discussion The title for 10-2-2 was amended and new rules E-G were added."E" was further amended to state "calculated to the nest foot'. Mr. Green pointed out that 10-2-2,"D" is confusing how it defines a building, and that it is in conflict with the official `building' definition as stated in 10-2-3. Lot Line, Front:Ms.Noble stated that the shortest side of a lot as the front of the lot will allow for better usage of the lot. Mr.Neyer would prefer that the word"shall" is replaced with the word"may",so that extenuating circumstances allow for flexibility(for example: trying to fit a desired house plan onto a lot but it won't fit on the shorter side). Daycare Facility: Mr. Green inquired as to the four(4)hours childcare timeframe-if care is provided for two(2)or three(3)hours,is that not a daycare?Ms.Noble will review the Dept. of Children&Family Services definition,so that the definition%are consistent. Dwelling, Unit: The comma in between divelling and unit will be removed. Several graphics were provided at the back of this chapter; Ms. Noble will format as necessary once all review is complete. Page 3 of 3 D: Chapter 3: Zonine Provisions Ms.Noble stated that all references to fences were removed,as this topic will be modified and addressed in a later chapter. Discussion Title 10-3-1 will be modified to incorporate the comments from"E"with those in"B",Mr.Neyer stated the definition for Building Height Measurement as stated is not consistent with the graphics;Ms.Noble replied that the graphics are samples only,and will be revised to match all text. Mr.Neyer stated that if building height is changed from the highest point or parapet to the ridge,then the maximum allowable height should be increased. Mr. Baker would like to include water tanks in building height."Fire towers"as stated in"B" will be removed."D"was questioned by Mr. Baker;Ms.Noble stated that flag lots have accessibility issues because they have no street access(for example,the lots on Game Farm Road which share a common driveway).The definition for a flag lot will be reviewed and discussed again; criteria for justifying a flag lot will be established.Landlocked Lots will be added to define lots only accessible via an easement. Title 10-3-2/Fla.: Mr.Neyer feels that encroachment by b"is too generous;he would prefer this revised to state 3". Title 10-3-5: Language was added,stating permitted accessory buildings and structures;until now swimming pools were not listed as a permitted structure in Yorkville. Ms.Noble will draft an example of a table/chart listing permitted accessory buildings and structures."B"will be grammatically amended,to clarify ambiguous wording.The group does not want to prohibit those with large lots from installing multiple accessory structures;however they also do not want someone to fill their yard with so many accessory structures so as to offend neighbors and prevent drainage. Yorkville does not have a Floor-Area- Ratio for residential zoning districts(although the maximum lot coverage is 30%of the lot).The group agreed to completely remove"E". Title 10-3-7:Utility trailers will be incorporated into the language in this section. This section is written so that temporary parking of trailers requires a pen-nit.As written,this section isn't clear regarding permit issuance and"visiting persons". Mr.Green would like the definition of a recreational vehicle and travel trailer cross referenced.The group agreed to think about this further,and discuss at the next meeting. Title 10-3-8: Ms. Noble stated that the City does not have the authority to regulate airports which are not within the corporate boundaries,and those which are within corporate boundaries are regulated by the Illinois Department of Transportation Aeronautics Code.The closest airport is in Plano,approximately 22,000 linear feet from the Yorkville planning area.The group agreed to remove this section entirely. It was the consensus of the Commission that next month's discussion will pick up on page 31 of Chapter 3: Zoning Provision Additional Business: The next meeting will be held on Wednesday September 22,2010 at 7:00pm,and will be held at the Parks and Recreation Building at 201 W. Hydraulic Ave. Adiournment: There was no further business and a motion was made by Mr. Green to adjourn the meeting.Mr. Baker seconded the motion.Meeting adjourned at 9:43pm. Minutes respectfully submitted by Jennifer Woodrick TITLE 10 - ZONING Table of Contents Subject Chapter Zoning Purpose and Interpretation.................................................................................................................................l Rulesand Definitions......................................................................................................................................................2 GeneralZoning Provisions.............................................................................................................................................3 Zoning Administration and Enforcement......................................................................................................................4 ZoningDistricts and Maps................................................................................................................................................5 Permittedand Special Uses...............................................................................................................................................6 Dimensionaland Bulk Requirements..............................................................................................................................7 PIanned Unit Develo ments. ,8 Zoning Districts. .9-13 A-1,Agricultural District...............................................................................................................................................9 OSOven S ace District............................................................................................................................................... 10 ResidentialDistricts....................................................................................................................................................911 E-1,Estate District............................................................................................................................................9,411A R-1,AffeSin1N-Family Suburban Residence District....................................................................................9&11B R-2,9rieSinele-Family"[raditional Residence District...................................................................................9C-11 C R-2 Duplex,Two-Family Attached Residence District..................................................................................91911 D R-3,Gene tl-Multi-E=amily Atlacbed Residence District............................................................................... 11E R4,General Multi-Family Residence District.................................................................................................9*11F CDD,Conservation Design District.................................................................................................................44-11 G BusinessDistricts......................................................................................................................................................4412 O,Office District.............................................................................................................................................44-Al2A B-1,Limited Business District.............................. ..........1-1-&12B ................................................................................ B-2,General Business District......................................................................................................... ..........4-1C12C B-3,Service Business District.......................................................................................................................4444-12D B4,Business District............................................................................................................................. .44E ManufacturingDistricts............................................................................................................................................1213 M-1,Limited Manufacturing District .................... ........-1-?,413A M-2,General Manufacturing District............................... ..........1-3-B13B Adult-Oriented Uses. 14 Historic Downtown Overlay District.........................................................................................................................4415 Route47 Overlay District ...........................................................................................................................................4416 Nonconforming Buildings,Structures,and Uses.....................................................................................................4-617 OffStreet Parking and Loading................................................................................................................................... 18 Fences,Screens and Walls. 19 Signs. ,20 Tawei-and Antenna L _,'Telecommunication Towers,Antennas and Faciltities....................................W21 AlternativeEnergy Svstems............................................................................................................................................22 RooftopWind Energy Systems.................................................................................................................................22A SmallWind Energy Systems......................................................................................................................................22B SolarEnergy Systems........................................................................................................................................ .....22C CHAPTER 1 Zoning Purpose and Interpretation 10-1-1: TITLE: This Title, including the Zoning District Map made a part hereof and all amendments hereto, shall be known, cited and referred to as the UNITED CITY OF YORKVILLE ZONING ORDINANCE. 10-1-2: AUTHORITY: This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by Illinois state law. 10-1-3: APPLICABILITY: Unless otherwise expressly exempt, the zoning ordinance applies to all Iand use, structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as allowed by Illinois state law. 10-1-4: INTENT AND PURPOSE: This Title is adopted with the intent to set forth regulations and standards for the following purposes: A. To promote and protect the public health,safety,morals,comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D. To provide adequate light,air,privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health; F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas in order to provide adequate light,air,privacy and access to property; G. To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses,buildings or structures incompatible with the character of development or intended uses within specified zoning districts; 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; 1 L. To prevent the overcrowding of land and undue concentration of structures,so far as is possible and appropriate in each district,by regulating the use and bulk of buildings in relation to the land surrounding them; M. To conserve the taxable value of land and buildings throughout the City; N. To encourage innovative and low-impact development techniques through the reduction of stormwater run-off, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land; O. To promote pedestrian circulation through a well-designed system of shared-use trails which allows access to local and regional destinations; P. To promote, preserve and enhance those buildings and structures within certain area of the City that are of historical importance; Q. To promote and regulate the use of alternative and renewable energy solutions, where applicable; R. To ensure the objectives of the Comprehensive Plan are implemented ani advaneedconsidered. S. To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; T.To define and limit the powers and duties of the administrative officers and bodies as provided herein; and U. To prescribe penalties for the violation of the provisions of the Zoning Ordinance,or of any amendment thereto. V. To ensure the provisions of public improvements governing the subdivision and platting of land: street and roadway standards: availability of utilities: and schools and park development are applied to all properties within the City's co orate limits,as prescribed in the Yorkville Subdivision Control Ordinance. 10-1-5: INTERPRETATION: A. Minimum Requirements: The provisions of this Title shall be held to be the minimum requirements for the promotion of public health,safety, morals and welfare. B.Relationship with Other Laws: Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law,ordinance,resolution,rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. C. Existing Agreements: This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive(or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Title shall govern. 10-1-6: SCOPE OF REGULATIONS: A. Changes in Structures or Use: Except as may otherwise be provided in Chapter 17 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. 2 B. Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located,and whenever a district shall be changed hereafter, the then existing lawful use may be continued,subject to the provisions of Chapter 17 of this Title. C. Building Permits: When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six(b) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued,and further may,upon completion,be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 17 of this Title. D. Existing Special Uses: Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of the City Council, the Zoning Administrator or the Zoning Board of Appeals. 10-1-7: SEPARABILITY: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendment hereto,to a particular building,structure or parcel of land,such judgment shall not affect the application of said provision to any other building,structure or parcel of land not specifically included in said judgment. 3 CHAPTER 2 Rules and Definitions 10-2-1: GENERAL: In the construction of this Title,the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2: RULES: A. Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular, B. The word"shall"is mandatory and not discretionary. C. The word"may"is permissive. D. The word"lot"shall include the words"plot" "piece","parcel';ilie w•Fd"building"ifivititi oR either .x41e<r. .f.!HM IMFA. it!h.:,,..-:;and the phrase"used for"shall include the phrase "arranged fir","designed for","intended for","maintained for",and"occupied for". E. All measured distances shall be expressed in feet,unless otherwise indicated,and shall be calculated to he rienre4 next integral foot. if F. If any calculation results in a fraction,the next integral number shall he taken. G. In cases where there is a conllret between the text of the zoning ordinance and a table or figure of this zoning ordinance,the provisions that are expressed in the text shall apply. 10-2-3: DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ABUTTING:To have a common property lute or zoning district. ACCESSORY BUILDING or USE;An"accessory building or use"is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area,extent or purpose to the principal building or principal use served 3. Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE:A measure of land containing forty three thousand five hundred sixty(43,560)square feet. 3 ACREAGL:Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted. A6111CULTURAL SALES AND SERVICE: A use primarily engaged in sale or rental of farm tools and implements,feed,gram,lack,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 obtaning a profit in money by raising, harvesting,and selling crops,or feeding(including grazing),breeding managing,selling,or producing livestock, poultry,fur-bearing animals or honeybees,or by dairying and the sale of dairy products,by any other horticultural, floricultural or viticultural use,by animal husbandry,or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including,but not limited to,providing riding lessons,training clinics and schooling shows. AIRPORT: Any area of land designated,set aside,used,or intended for use,for the landing and lake-off of aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities,approach zones. ALCOHOLIC BEVERAGE:any beverage that is the product of distillation of fermented liquids,whether rectified or diluted,whatever may be the origin thereof,and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. ALLEY:A public way,not more than thirty feel(30')wide,which affords only a secondary means of access to abutting property. AMl1SGMENT 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 HOSP17 AL:Any building,or portion thereof,designed or used for the care,observation or treatment of domestic animals. AN"rIQUE 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 wom or damaged motor vehicles or trailers; collision service,including body,frame or fender straightening or repair and painting of vehicles. Incidental repairs, replacement of pans,and motor service to automobiles. AUTOMOBILE.RENTAL: Leasing or renting ofautomobiles,motorcycles and light trucks and vans,including incidental parking and servicing of vchteles fiir 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. T7ie products may he prepared either on or off site. BAKERY,WHOLESALE: A bakery in which there is permitted the production an&or wholesaling of baked goods, excluding Retail Bakery. BASEMENT:"chat portion of a building(hat is partly or completely below grade. 4 BANK- A building for the custody,loan,or exchange of money,for the extension of credit and for facilitating the transmission of funds. this definition includes credit unions,savings and loan facilities,payday loans,personal loan agencies and pawnshops. BED AND BREAKFAST INN(B&Bl:A private,ownerloperatoroccupied residence with guest rooms,providing overnight accommodations and a morning meal for compensation to transtentsftravelers. A bed and breakfast inn is operated primarily as o 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 ofa street or streets,by public parks,cemeteries,railroad rights of way,bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT-SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum 6 feet in height. BOWLING ALLEY: A business establishment with a principal use for the sport of icn-pm bowling which may include incidental food services. BREW PUB:see Afeerobrewen• BUFFER:A strip of land,including landscaping,berms,walls,and fences,that is located between land uses of different character and is intended to physically and visually separate one use area from another. BUILDABLE AREA:The space remaining on a building lot after the minimum yard requirements of this title have been compiled with. BUILDING:Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors,windows or openings,and which is designed or intended for the shelter,enclosure or protection of persons,animals or chattels. BUILDING,COMPLETELY ENCLOSED:A building separated on all sides from the adjacent open space,or from other buildings or other structures,by a permanent roof and by exterior walls or party walls,pierced only by windows and normal entrance or exit doors. BUILDING,DETACHED:A building surrounded by open space on the same zoning lot. BUILDING,HEIGHT:The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof,to the deck line ofa 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 he 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 ofa 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 ofa building may extend except as provided by this title.(See section 10-24 of this chapter for diagram.) BUILDING,MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale,from the premises,of materials used in the construction of buildings or other structures, 5 BUILDING,NONCONFORMING:Any building which dies not conform to the regulations of this title prescribing the use,required yards,coverage,height and setbacks,tmmmum 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 he 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 ofthe same buildings,and to other buildings or structures,and to all open spaces relating to the building or structure. BUSINESS:Any occupation,employment or enterprise wherein merchandise is exhibited or sold,or which occupies Lime,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. Cain-operated devices operated on a self-service basis shall b.-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. CI'T'Y:The United City of Yorkville or the City of Yorkville, CI'T'Y COUNCIL:The City Council ofthe City of Yorkville. CLUB or LODGE,PRIVATE:A lair-nrolit or nonprofit association of persons who are bona ride members paying annual dues which owns,hires or leases a building,or portion thereof,the use of such premises being restricted to member.;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. COLLFGL: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate,baccalaureate,or higher degrees. COMMERCIAL FEEDING:A land use or facility used for the confined feeding operation for fish,poultry,swine or livestock. 6 COMMUNITY CENTER: A building or structure used as a place ofineeting,recreation or social activity,generally open to The public and designed to accommodate and serve significant segments ofthe 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.1%designed or intended for a permitted or special use as allowed in the district in which it is located. CON'I RACTOR 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 feel in height. CONTRACTOR OFFICES: A building used for conducting contracting business that does not use any exterior storage area. COUR'I: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 ofthe 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 ad)acenl to the building shall be considered the"curb level". DANCE HALL: A place of assembly,open to the public and operated for profit,where dances,parties,receptions and other gatherings are held. DATUM POINT:Any reference point of known or assumed coordinates from which calculation or measurements may be taken DAYCARE FACILITY:�ncan�any child tare facility licensed by the State Department of(hildren and Farm IN Formatted:Fait:10 pt,Not Italic �J Scri ire.I DUI S)itihich reeuhuh provide%day care for less than 24 hours iter day fiir more than s children in a tamiI Iionic of moic than 3 children in a facility other than a ftnmly home,includmu senior citizen buildings Aft ,....t.t IS"..,.,...... ....a vig Bate 4'Ui+hte._(3)or more chi J.L....undeF re-than { ...1 1., 1. ,.... .,...J ...t.%e.,..1'...._(21)1....._. 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('/,)the total earth movement. 7 D1S7 RIOT:A section or part ofthe unincorporated portion of the City for which the use regulations are uniform. 11 DRIVE-THROUGH SERVICE LS'FABI.ISfIMFN'1':a business or establishment which provides all or some of its services through a building opening or window to its patrons who remain in their vehicles. DRIVEWAY:a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a parking space,garage,dwelling or other structure. DRY CLEANING ES'IABLISHMENT: 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 funned to non-flammable solvents and/or Class 1 and above combustible liquid sohveras. DWELLING:A building or portion thereof,but not including a house trailer or mobile home,designed or used exciusrvely for residential occupancy,including single-family dwelling units,two—�li�slex dwelling units, tuwnhomes and multiple-family dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,DIfPLFX:A building designed or altered to provide dwelling units for occupancy by two(2)families within a single structure on%e crate lots each of which havitiv inde pendent living uarters with direct accts,to the nut+ide. DWELLING,MULTIPLE-FAMILY-A building or portion thereof,designed or altered for occupancy by three 13) or more families living independently of each other+%nhin a.m�lr_u a11MJI A Slructtirc nil Mie lot,which may or may not share common entrances or oth,:i .Harr.and uichidc.a,� nun_cnt. ,'rnup h,nnc�.and condominmm>. DWELLING,SINGLE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one LI I family which is detached from any other dwelling unit and surrounded on all sides by open space on the same lot. DWELLING,TOWNHOUSE:A single-family dwelling unit constructed in a group of three(3)or more attached units on separate lots in which each unit extends from foundation to roof and with a yard or public way on at least two sides. DWELLING;IfNIT.A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living,sleeping,eating,m)king and sanitation. EASEMENT:A grant by a properly owner for the use of a parcel of land by the general public,a corpxuation,or a certain person or persons for a specific purpose or purposes. EFFICIENCY UNIT:A dwelling unit consisting orone principal room,exclusive of bathroom,kitchen,hallway, closets or dining alcove,directly off the principal room. EQUIVALENT OPACITY:The shade nn the Rmgelmann 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. ES'I ABLISHMENT,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 husmess lack any one ofthe aforesaid characteristics with respect to one another, they shall then be considered as a single"business establishment"for the purpose ofthis title. FAMILY:One or more persons related by blood,marriage or adoption,or a group of not more than live(5)persons (excluding servants)who need not be related by blood,marriage or adoption,living together and maintaining a common household. FLNCE: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 lance which conceals from view,from adjoining properties,streets or alleys,activities conducted behind it. FLOOR AREA,GROSS(For Determining Floor Area Ratio):'hhc sum ofthe gross horizontal areas ofthe several floors,including also the basement floor ofa building,measured from the exlenor faces ofthe exterior walls or from the centerlines of walls separating two(2)buildings.The"floor area"shall also include the horizontal areas on each floor devoted lo: 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.I labitable attic space as permitted by the building code ofthe 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 he determined on the basis ofthe height of such structures with one floor for each ten feel(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 ofl'strect 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 9 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 L, re feet shall determine the maximum permissible floor area for the budding or buildings on the lot.(See section I0-2-4 of this chapter for diagram.) FLOOR AREA,LIVABLE:Any floor area within outside walls of residential building exclusive of areas in, hasetnents,lookout basements,unfinished alucs,garages,open porches and accessory buildings,but including any area"roughed in"but not completed which is designed and intended for human occupancy. FOOT-CANDLE:A unit of illumination,equivalent to the illumination at all points which are one foot(1')distant from a uniform point source of one candlepower. FOOT-1,AK113F:RT-A unit of brightness,usually of reflecting surface.A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot(I')distant over one square foot has a brightness of one fool-lambert. FREQUENCY:The number of oscillations per second in a sound wave,measuring the pitch of the resulting sound. GARAGE,BUS:Any building used or intended to be used for the storage of three(3)or more passenger motor buses or motor coaches used in public transportation,excluding school buses. GARAGE,PRIVATE:An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises,and in which no business,service or induatry 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 tx-used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five J5) tons. GASOLINE:SERVICE STA'T'ION: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 mayor 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,halls 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 ofihe 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 ofthc 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. 10 GROUP HOME: A single-family dwelling housing not more than eight(R)service-dependent or developmentally disabled people living with professional care staff'. GUEST,PERMANENT:A person who occupies or has the Tight to occupy a lodging house:,rooming house, hoarding 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 3subseetiomil1 >uhsection 10 of this title. HOSPITAL:An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care,for not less than twenty four(24)hours in any week,ol'three(3)or more non-related individuals suffering from illness,disease,injury,defonnity 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,MOT EL,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 r(x)ms and ancillary retail uses,provided access to such uses are from the exterior of the principal use HOUSEHOLDER:The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE:A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE:A material which will not ignite nor actively support combustion during an exposure for live (5)minutes to a temperature ofone thousand two hundred degrees(1,200")Fahrenheit-. KF:NNFI.,COMMFRC'IAL:Any lot or premises or portion ihereofon 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 fiir compensation. LABORATORY,COMMERCIAL:A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAND BANKING:land that is part of a single-lot or development that is set aside or reserved for a later approved use or development. LAUNDRY: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities;provided that. A.Not more than four(4)persons,including owners,are employed on the premises;and B.No pickup or delivery service is maintained. LIBRARY: A public facility fiir 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(11)'x 25'x 14),exclusive of access aisles and maneuvering space. 11 LOOK OU'I BASFN1ENf:A story having more than one-half(11,)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 10-24 of this Chapter for diagram of lot types.) LOT,AREA:The area ofa 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 ofa single street,the interior angle of which is one hundred thirty five degrees (135°)or less.(See Section 10-24 ofthis Chapter for diagram.) LOT,COVERAGE:The area ofa 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 ofa lot measured within the lot boundaries. 10 I 11Vi: 1 lot not fronting or abutting a Public roadway and where access to the public roadway is limited to a narrow drive%av or strip of land between abutting lots,thereby not meeting the minimum lot frontage requirement% I.OI:FRON'TAGL:The front ofa kit shall be that boundary ofa lot along a public or private street;for a corner lot, the front shall be the narrowest side edge-of the lot rronling upon a street;pLtx i".p o�idrd that the owner may orient hi the building toward either street hill once I,Wnlm r t,C.tahli;hcd n�hall_1,r m untamed. LOT,INTERIOR:A lot other than o comer lot or reversed corner lot.(Sec Section 10-24 of this Chapter for diagram.) LOT LINE:A property boundary line of any lot held in single or separate ownership;except,that where any portion of the lot extends into the abutting street or alley,the lot line shall be deemed to be the street or alley line. LOT LINE,FRONT:""W 6.: • li••° - fig i• A lot line which abuts a street shall be the front lot line. I or collier lob,111e n:uroa..t Idc of the hit Fronting urmin a street shall be considered the front of the loo Providvi 11,11 the(m Tier 11MV 01,1e11 the 1xiddin i toward either street but once frontage is established it shall be maintained. LOT LINE,INTERIOR:A side lot line common with another lot. 1.01'LINK,REAR:'I he 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 arc side lot lines. LOT OF RECORD;A lot which is a part ofa 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 ofanother lot,whether across an alley or not.(See section 10-2-4 ofthis chapter for diagram.) LOT,THROUGH:A lot having frontage on two(2)parallel or approximately parallel streets,and which is not a 12 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. L01,ZONINC: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[his title. MANUFACTURING ESl ABLISHMENT:An establishment,the principal use ofwhich is manufacturing, fabricating,processing,assembly,repairing,storing,cleaning,servicing or testing of materials,goods or products. MARINA: A facility for secure mrxering orboats,including facilities for storage and repair of boats and sale of boating supplies and fuel. MEDICAL CLINIC:An establishment where patterns are admitted forspecial study and treatment by two(2)or more licensed physicians or dentists and their professional associates,practicing medicine together. K11C ROBRl A l R\'f 7R 13RI 41 M I11: \restaurant-br wery[hat brews beer Primarily for sale in the restaurant and or bar and is dispensed dncctly from the brewer's slora a tanks.T otal production cavacity shall not exceed 15,000 barrel%1VT calendar s:tr 4G5 11011 *alhnrs.[7ne l l i,5.barrel cs a mvulent to thirty-one ?1 ulluns. MINIATURE GOLF COURSE: A novelly version of golf played with a putter and golf ball on a miniature course, typically theme-oriented with artificial playing surfaces and including obstacles such as bridges and tunnels. MOBILE HOME:A manufactured home structure transportable in one or more sections,which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities,and includes the plumbing,heating,air-conditioning and electrical systems that may be contained therein;except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary(HUD)and complies with the standards established under this Title. For manufactured homes built prior to June 15,1976,a label certifying compliance to the Standard for Mobile Homes,NFPA 501,to effect at the time of manufacture is required. MOBILE HOME PARK:A lot,parcel or tract of land developed with facilities for accommodating two(2)or more mobile homes,provided each mobile home contains a kitchen,flush toilet and shower or bath;and such park shall be for use only by non-treament 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 to intrastate and interstate shipment by motor truck. 13 MOTOR VEHICLE:A passenger vehicle,truck,truck trailer,trailer or semitrailer propelled or drown by mechanical power. NONCONFORM ING USE:Any budding,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 Tille. NOXIOUS MAY11R: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 ofresl ror 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. OC FA VE[BAND:A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER:An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level mcler 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 udorous matter in air that will produce an olfactory response in u 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 MA'ITE.R: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 fir the storing ofsame prior to sale. PARAPI I:.An architectural feature of a bwldin t where that xsrtion of an exterior wall extends above the roof deck. PARKING AREA,PRIVA'T'E:An open,hard-surfaced area,other than a street or public way,designed,arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA,PUBLIC:An open,hard-surfaced area,other than a street or public way,intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half(1'/Z)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(]';)tons'capacity. P ARKINU ti I RU CI I l rRE:an attached or detached structure that is fully or nartially enclosed with one or more levels and is used exclusively liir the patking or storage of motor vehicles. I'his do not include Private one-slory garages for single-,two- or mule rle-famil residential uWs.Parking structures may either be alxwe or below grade. PARTICULATE MATTER:Material which is suspended in or discharged into the atmosphere in finely divided 14 limn ns a liquid or solid at atmospheric pressure and temperature. PARTY WALL:An interior wall of adjommg structures extending from its footing to the underside ofthe 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 ofbuildmgs devoted to and supported by chanty. 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(16)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 to part. PRF:FE.RRFD FREQUENCIES:A set of octave bands described by the hand center frequency and standardized by the American Standards Association in ASA Standard N.S I.6-1960,"Preferred Frequencies For Acoustical Measurements". PRINCIPAL USE: I he 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 OPFN SPACE:Any publicly owned open area,including,but not limited to,the fallowing:parks, playgrounds,forest preserves,beaches,waterways,parkways and streets. PUBLIC UTILITY:Any person,firm,corporation or municipal department duly authorized to furnish,underpublic regulation,to the public,electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT Of WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards,locomotive shops,water towers,etc. RAILROAD PASSENGER STATION: A facility for the boarding ofpassengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE: An establishment consisting of pennanent buildings used periodically by an association ofpersons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. RECREM IONAL VEHICLF: Any type of vehtcle used primarily for recreational pleasure and hrai nos recreationn]vehicle rmstration license plates. Examples include but are not limited to,11avel trader"''°^ motor homes, boats,snowmobiles,and all-terrain vehicles. Recreational vehicles shall include any mobile structure designed for temporary occupancy,but shall exclude mobile or manulhetured homes. 15 RFCRFATION CFNTF:R: A building or structure used as a place of recreation,generally open to the public and designed to accomin(Aate 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 5,000 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 5,000 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 ofthe 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 pennilled by local option. Rl SIAURAN'l, UONVI Nil N(1.: An estabinitment common]) refeired to as Aatit casual" dine with the hollowing rharactcnsucs:cal Knitted menu items are made-lit-mxder and are prepared only utxm request tb1 fixxl is either ordered and picked-up at it counter or served at the rurons table in a limited dine-in area and lei usu LI]v part of a chain or franchise establishment. RLS f AURAN l.FAS l 1'0 01):A m uick sen ice restaurant with the following charnctenstics: a tv>icall includes drive-through scr%ice,(b)limited menu items consisting of tire-packaged or quickly prepared food items;{c1 Iiuxl is ordered and picked-up at a counter with no table service provided:tdl limited_dine-in area,and 141 utivally art of a chain or franchise establishment. RETAIL STORE: A building or portion of a building providing area for the selling of new or used goods,wares, merchandise directly to the consumer for whom the gouts are furnished. RINGFLMANN CHART:A chart which is described in the U.S.bureau of mines information circular 6555,and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER:The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE:STAND: A temporary structure which is used solely for the display or sale of farm produce and related matenals. 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 EL street which is used or intended to be used for the travel of motor vehicles. 16 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. SALVAGL 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. SCI IOOL: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. S1 I B at'K: I he minimum distance maintained between a.street rzht-0I'-u av and the nearest supnwrtmg member of anv%iructure on the lot except m here othem ise re•ulated by this ordinance. SETBACK,ESTABLISHED:When forty percent(40%)or more ofthe 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-re koeneLas borne particles other than water that form a visible plume in the air. SMOKE UNH: Me number obtained by multiplying the stroke density in Rmgelmann 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 ol'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 LFVFL. 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. S1 ABLE,PUBLIC(RIDING OR BOARDING STABLE):A building and grounds which are designed,arranged, used or intended to be used for the storage,boarding or breeding of horses,including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS:The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments, STADIUM:Any facility,building,corral,arena,or structure of any kind designed for use as either a sports facility (including animal sports,i.e.,rodeos,horse races,etc.),cuterwinment facility,whether for profit or not,where activities are to W 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 Gelds,softball fields,gymnasiums, swimming facilities,music halls,theaters,stages or any other type of field or facility. 17 STORY:That portion ofa 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 ofa story exceeding fourteen fiat(14')in height shall be considered as an additional story for each fourteen feet(14')or fraction thereof. S'1 ORY,HALT-':']hat portion ofa 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 feel(411:)above the finished floor of each story. In the case ofone-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 mare stories on height,a halfslory 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. ST'RUC'TURAL ALTERATIONS:Any change other than incidental repairs which would prolong the life of the supporting members ofa 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 fior servicing,repair,and fueling the taxicabs or vans. '1 ERRACE,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. TI IF:ATER: A structure used for dramatic,operatic,motion pcetures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions TFI LE:Reference to"title"herein shall tx-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 ofpersons or damage to property. TRADE SCHOOI.: A school established to provide for the teaching of industrial,clerical,managerial,or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum(e.g.,beauty school,modeling school). TRAILER:A vehicle without motive power,designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer,boat trailer,horse trailer or cargo trailer. ,TRAILER,CAMPING:A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of Icss than one hundred thirty(130)square feet. 1 RAILER HOUSE OR MOBILE HOME:see Mobile Home definition. TRAILER,TRAVEL:A[railer designed and constructed for dwelling purposes which may contain cooking, 18 sanitary and electrical facilities and has a gross Floor area of one hundred thirty(I M)square feet or more but less than two hundred twenty(220)square feel I'RLA'I M ENT('ENTER: 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. I.easing or renting of trucks and trailers,including incidental parking and servicing of vehicles for rent or(case. 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'/,)tons,in capacity. USABLL 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 offslreel 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 tier the use of occupants ofthe dwelling units on the premises; I).Has not less than ten feet(1 Il'l 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 Thal confirms 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 ol'Nonconfonning Ilse. USE,PERMITTED:Anv use which is or may be lawfully established in a particular district or districts,provided it conforms with all requirements,regulations,and when applicable,pccrformance standards of this title for the district in which such use is located. USE,PRINCIPAL:The dominant use of land or buildings as distinguished from a subordinate or accessory use. USE,SPECIAL:A use that has unusual operational,physical or other characteristics that may he different from those ofthc predominant pennitted 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. VA('AN I LAND:a lot or 12aicel ol"land on which no improvements or structures have been consttucted or active) used lbr anv land use;iunxiae. 19 1 NI ARI'114 A IS :A hlraCtUI ,Ilan thereof,or an area used principally for the storage of ymids and merchandise for I+ u hnlcs:lc or dnlnhuunn,excluding bulk storage of mauenal%that are inflammable or explosive of that present hazard,. 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,FROM:A yard r.xt mdme along the full width of a front lot line w hich is boumided hetucen the side lot lines,<ind has a depth heat ccn th,c front lot line and the front yard line, YARD,INT ERIOR SIDE:A side yard which adloms 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 i_rtrndute alnni tlic n atilt of the icat lot Into°r In It is ht1wided lv, bctu cen the side lot lines, 1 and From the rear lot line sxtd to the rear yard line IN dcnth, YARD,SIDE:A yard exlcndtne alone the hn,nh ul"a,tile lot line butikLen the rear vard line; and front yard hoe,I''ww lhr side yard line4axI to tli�side lot line in oN ulth. YARD,SIDE-AD]OINING A STREET:A yard which is bounded by the front lot line,side yard adjoining a street line and rear lot line. YARD, I R ANSI f ION AI:A vard that must be,movtded on a lot in a Business District which adioms a lot In a Residential Dtstnct as it huffier and subject regulations ro%Idcd in the I andsca e Ordinance ZONE:A district,as defined in this section. ZONING BOARD OP APPEALS:See Title 2,Chapter 2 of this code. 10-24: DIAGRAMS: See following pages for diagrams: 20 MILDING HE[GHTS M CABLE HIP GAMBREL w MANSARD FLAT IUVST" " aru 21 YARD a BUILDING LINES REAR LOT LINE REAR YARD I i k I i;i l l x BUILD ABLEAREA:'•: icf O WI I: w ° j > I BUILDING SETBACK LINE ~fl I FRONT YARD STREET ILLUSTRATION ONLY 22 FLOOR AR EA RATIO ( FAR ) 0.8 '` sr 0.4 0.2 � FET ILLUSTRATION ONLY 23 TYPES OF LOTS OI kD O D O STREET ® W w a Q STREET ( INTERIOR LOT �2 CORNER LOT 03 REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY 24 LOT COVERAGE 40% 20% � r ST�Rr - ��-• ILLUSTRATION IM v 25 11 1a e. LOT DIMENSIONS 4 k I I I � I I f I t to w S W I G LOT WIDTx LQT WITH -@OILOIxG—SETd46K LIIf ----- C I LOT WA Tx STREET ILLUSTRATION ONLY 26 10-2-4 10-2-4 BUILDING HEIGHTS P t 0 � H GABLE HIP GAMBREL ! H f MANSARD FLAT ILLUSTRATIOF ONLY City of Yorkville YARD & BUILDING LINES REAR LOT LINE REAR YARD OR 1 -t r I I W W I •:i Y d t WON J z t out co F- r o - W W W t W II L s 6: - a - er Q � k ' 3 a F-�' :1 � I BUILDING SETBACK LINE I -•FRONT YARD STREET ILLUSTRATION ONLY 21 FLOOR AREA RATIO EAR 0.e 0.4 oft 0.2 r sr RFFr � ILLUSTRATION ONLY 22 TYPES OF LOTS O I O D O STREET w w F-- STREET QI INTERIOR LOT 02 CORNER LOT (3) REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY 23 LOT COVERAGE 20% Io 1p � ILLUSTRATION >>Nl,r 24 10-2-4 10-2-4 LOT DIMENSIONS I I I � I f � I w d W I w of I r 1 y I LOT RIDTN LpT MIOrN 1J� BUILDING SETBACK LIHI SOT I Worm— STREET V i i I ILLUSTRATION ONLY (Ord. 1973-56A, 3-28-74) I I s City of Yorkville i CHAPTER 3 General Zoning Provisions 10-3-1: USE AND BULK REGULATIONS: A.l lsc-No building,structure or land shall hereafter be used or occupied,and no building or part thercof,or other structure,shall be erected,razed,moved,reconstructed,extended,enlarged or altered except in conforrnny 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 lowers,elevator bulkheads,lire water towers,stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. C.Division of Zoning Lo(s:No zoning lot improved with a building or buildings shall hereafter be divided into two (2)or more zoning lots and no portion ofany 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 budding or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located. 1).Prohibited I ots:F lug-lots w hsh do not meet the minimum required tut lionlage,as measured from the budding setback Ime,or only accessible era an easement shall not be-permitted.I'lar_lots shall he a%orded except where necessary to overeome specific disadvantages of to ar gra>hy and onerrtatiin and where limited access to a public r ght-of'wav exists. I .liurldm ly Iler ht Ateasuremem:Building Height shall be measured from the datum ummit established by(lie average of the two 42)grades along each side lit line where the liront vard line meets the+rile lot lines to the highest noinl of the narf or rxrranct. 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 orthe owner of such budding or of the property on which A 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 budding. 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 Buildmgs: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 All Required Yards: 26 a.Open terraces not over['our reel(4')above the average level of the adlommng ground but not including a penuanently roofed over terrace or porch; h. .Awnings and canopies ad wining the nrmcl%ol aructire not exceeding three reel .e or less into required v_ard' c.Ste n,lour Iecl(4')or less above grade which are necessary for access to a zoning lot from a street or alley; d_(bilnneys projecting eighteen inches(18")or less into the yard; c.Recreational and laundry-drying equipment; f'%rbors and trellises; •.Landsca nn*as re'Mated In i We x I'ha Ater 12 Landscape Ordinance of the(Ay lock and Section 10.3- 21.of this 1 itle. "agpoles. b.i I ences as regulated in('hailer 19 Fences,Screens and IN alls olthl, l ntle frimm the bearing walk,ol wall arseneu hes My p .senor) then fifty pefeent 151)%1 LA its 9tiffaee opm when viewed on an erd4,e&9m iwa!2) • do shall not prohibit the 04'an open 4. ,r. feet Wi in hoiot melei%iiag an ek-men"of high qehft!s4e.and N thm this PEOjeeiii0a Shall flot hf�th • Mtlr-M*ftfe 1FAMe fRovefflems Comment[KNoblel):This replation reprdjng fences wi[I he relocated into the tlewChepterl4: 2.In Front Yards: 'Fames,Screens and Walls a.One story bay windows protecting three feet(3')or less into the yard; h.I lrnamental light standards; c.Overhanging caves and gutters projecting three feet(3')or less into the required yard. 3.In Rear Yards: a.Enclosed,attached or detached off-street parking spaces; b.I1pen off-street parking spaces, c..lccc%smy Budding%as regulated to Section 10-3-5 of this I ntic. shed!l,shed! tot 1-° m .....'...-...l°-'-...i.,:__. 27 d.f#da.umcs,breezeways,open porches,and one-story bay windows projecting three feel(3')or less into the required yard, S:.()verhanging eaves and gutters protecting three feet(3)or less into the required yard, in aft y nee ,. ., . 1. , )e .i ,. . . '1 n_ .i._... �lt�lf+e-1-.-�j�+fl��.".�-�.�.,-�,��,c+trf+rtiTt t�'t k,•,,' 4.In Side Wards: it Overhanging caves and gutters projecting into the required yard for a distance not exceeding forty percent (40%)of the required yard width,but in no case exceeding thirty inches(30"), b. 'fir-cundnrunme unit,for a distance nut exceeding ten lxrcent(10"',)of the required vard widt(t but in no ease exceeding twche inches L12'j E.Corner Clearance:There shall be no huldueg.,structures or landscaping meierinl which obstructions tt*vision on any corner lot between a height of two feet(2')and a height often feet(IM above the finished grade of either street within a forty foot OM triangle formed by the intersecting street line%. I.t ncrtuchment into Required Yards:It shall not he dceni d a violation of the vard requirements of this I isle d•to existing residential building or structure encroaches town a required vard under the liillowms conditions: a. I he encroachment does not exceed dxee 0?inches:and b. 1 he huilding or siructurc_docs not encroach upon more than one required vaFd 10-3-3: LOT AREA AND DIMENSION: A.Contiguous Parcels:When two(2)or more parcels of land,each of which lacks adequate area and dimension to qualify fora permitted use under the requirements of the use district in which they are located,are contiguous and are held in one ownership,they shall be used as one zoning lot for such use. 11.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 hereofthat 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-IU-7 of this Title. 10-3-4:NUMBER OF BUILDINGS ON A.ZONING LOT: Except to the case ofa planned development,not more than one principal detached residential building shall be located on a zoning lot,nor shall a principal detached residential building be located on the same zoning lot with any other principal building. 10-3-5: ACCESSORY BUILDINGS AND STRUCTURES: A.Permitted Acceswr-Buildings and Structures.sheds:tool Wnms;similar buildings or structures for domestic or agricultural sM&es g_a7 fta.geen houses:nlav ttrnund equipment;wools:recreationg1 tour ts-,Play houses; stablesLaammi and-parking-structures, (Comment[Moble2lr Should a tablear chart 6e prepared-as part of the Appendix that Ruts the [i.Location:No part crony accessory building w_ti urtui c shall be located closer than five feel(5')from any side or Permuted Accessory Buildings and StruMres? narpniperty line„°..-elosef titan ten i-!, •_ {+tt}t..r..• 28 la++lditig.No accessur%building or structure shall he closer than ten fief IIW I to nnv stain huddin•or closer to the public x av than the Hinci ial budding on the lot. R(.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 ofthe principal building to which it is accessory. {-D.I leight of Accessory Buildings or Strucunes in Required Rear Yards:No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet(15')in height. Dl..On Reversed Comer Lots:On a reversed corner lot in a residence district and within fifteen feel(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 lie closer to the side lot line abutting the street than a distance equal to sixty percent (60%)of the least depth which would he 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 ofproperty in a residence district. 10-3-6: ACCESS TO PUBLIC STREET: Fxcepl as otherwise provided for in this title,every residential building shall be constructed or erected upon it lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement ofaecess to a public street was of record prior to the effective dale hereof. 10 ] 7. REQU 1 D ED FENCES u ..1..........,...............1....J........�._... .._.f.......Ll...L....6t.._d solal...........F....,all%h jjj 1....._........1..1.._.._ ..1...,,:....F0.."1........1 A................1'..11...... �Tf+IT1 •1.... all Shall 1..._.N.1...,1..... -. n'lHt linr{H>tl-he-_. '1 1,�-•l 1 He"sha�llzbe'-.,/"eek ftom; d :.line .. (10')Hot ptope flie hiMee beiA'effl the wall a0d tile holit liftillefty!!He IS 10 be land!eafied and maintaintd. 2 \L'1.ery!be 1........7....... ....tFee, the .ell!halj 4....._.L._..1. f_...._41....._...........lifle a.1:.............1'tea 1'.....4ll.• 4,Ah hen!the boandafy is an alley.the wall shall he tiff the fifopefty lifke,�� t l3itr#ted within �ittiPr. .. . tlhialfwd t D— Nothing in thr.seetwa shall be deemed it)W!HSIde OF FedHEe tile ieqllafeffiefib established ji; 10-3-87:TRAVEL TRAILERS; CAMPING TRAILERS; RECREATIONAL 1TENISVEHICLES: 29 A. Permanently Al'lixme to Ground I'ndubtled. iraders shall nut Ix:tierinanent Iv itl'linet]to the-ground as pnncr or accessory%trtioull on a lot in any district. H Parking and Storall Reslrieted; I railer,shall not be parked or stored Lin any hil outer than a%lawfuully Comment[KNoble3]:Snouid we consider permitted by this Code."Travel trailers shall only he located In lawful ly established Ira%el cam 1 ur trailer spenfic reguiabons for Utility Trallets'defirial sales or nranulaclurm+establishment.I lowever in a residence district no more than one of the fulluwinf 'a trailer generally ttsedfor the tzull gof trailers nia%he parked or stored o truly in the dri%ew av of a residential Inland no closer shun 20 lcet from miscellaneous household arid.yardliandscape the public street equipmentand matel Ifso,would there be a maxrmtiin vehicle length(ax.20 feet)and would in y the open? l fpermitted to tx parked/stored on I. I ravel [rtilcr the 2.Caniying I rat lei 3.l Itdtty I railer I railers stored in the own tin a residential tut shall not be located within a re mretl Cunt and side vard. llowe%er,trailers may he stored openly in the rear vard ol'a residential lot,pros rded that it%half I. Be~hired on a hard surlace as a'itowed by the Zoning Administrator. 2 Be no closer than ten feel 110 1 to a side or rear hat line 3.No trailer or other recreational%chicle as defined in("banter 2 of this 1 rile shall be utilized for Itrtl l or residenual pti arses unless as iennrtted in Secuon 10-3-7( . 4. 1 railers shall not be conic led to anv utility for electricity water as usage unless permitted for letn trap parking in accordaIll with SeCtlnn 10-3-7C. ('. I ernimnary Parkins*: I emixiraryrarking and use of tr:r%el trailers shall he permitted w lion a riernit ha.been %sued by the zor l admimstrahr for the folhpwIr l J)Ull 1.Parkme in the open and use of a travel trailer for lodging pu ises nn the lot containing a dwelling provided it is not narked nr used thereon more than a thirty(301 day vernal 2.Parkm r and use of trailers for tom iorary ollices or story w uses incidental in and only lirr the wrorl oftinie ofconstruction ol'a building iirmudcd such traders are Iticated on the same or Conti uuus lot a%the building being cons(ructed. 1). feats;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 beam issued for such use by the zoning administrator. F. Boats:Boats may be parked or stored in the open when in the operation of a lawfully established principal use,and one boat may lie 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) Comment[KNoble4]:Is thixfegulatien applicable to the City of rorkvillei Isthisregufation legal based upon the FAA Regulations and the tlllnols State Statutes in Chapter$20 Act 25, Revised to remove this section based upon r pvr cornill from the Zoning Commission atthe 8.25.10 meeting. 30 ..«.011111.1.-..-.1._1-..-.11.1HIFIe 01'111FIXIFIS 1....................1.1..1._.1.kill.....,.II pl....1.n 1..... ietiffiFellieltt- 1t. 1'lelghtY '. l.ak..n-1:el beyond d._.L......deFle ..J'...-....-.. that(it- _.1...-.. RH�..d.1..1....1.............1...1.....1...11 be g1.......red b die P.11..wing. .H.J_6.... .. .I'lifiee..1.., l`, 1 1.....an..:kilt.-,1.....me it-kilt.-._....1'.I-- a.Loos.... J......1-..-J tally.]IkC 11,1....-.--leyi More In 1___-.,_ siratAm es I k 1.... J......de!:..........1 Hal RIO 05'.the lleight 0I'S1FlleWFe!.1TION'he ifleFeltSed b%'110t 4"tilre 14-In&;Our k4-4 14"ift tWeP. (I.)1111(„1:..ear fit.... tilt 1'..-.1-..-_.__is ___._.-__1_- 0 1111.61011) . '�,�,+ - - �II lC�1 .ided 4w lrJ w. 10-3-109:PERFORMANCE STANDARDS: Comment[RPloble5]:lstfristheappropriate Mention forgeneralcommentimptdit the performance standards for the M-I manufacturing district as set forth in section 10-8-I of this title,noise, Performance5tan4rds.Would It be more berlefkiel to none this section to within the adtal l Residence smoke,odorous mailer,vibration,toxic or noxious matter,glare or heat,fire and explosive haZards,shall also apply and Businesspistrict chapters asaseparate to all residence or business districts. subsetnon.$irF$ilartothestructureoftheEstata District?(Section 10 6A-7:PerjormonceShrrderdrJ 10-3-4410: HOME OCCUPATIONS -Any gairiffil aciiva'which is not a ivnilitted home occu ition as.delincll in this Zoning()rdinance shall be considered a business use anti is onrhthned In a residence dtslricl.Any such uu existing tin the ef1eclive dale of this Zonine()rdinance shall be suJect In provisions of('Ira ter 17 for the ehmnalioa of oonconlimnin g use In all residence districts,any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by a member ofthe 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(314)of the floor area of a story,including also the lookout basement,of the dwelling is devoted to such home occupation. ('. 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 31 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 illurnmaled 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. L. 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 IJ.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 ofreligious riles,but not for the general practice of the profession. 11. Teaching of musical msuumenu and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. I. hr-ILome Daycare('bildcare Seri ices are perninted as home oxsupatiuns subieel to the fiollon in provisions: Inv person o aerator•an in-home daycare childcare service is recurred to obtain a IIL'el]SC 1¢unr ttae Illinois Deyarinaent ol't'hddren and hanuly Ser%rcv%belore commencing,the operation 01'such serarcy 2.In-home da care childcare sen ices are limned to no more than%rx 6 children at anv one innc 06 obtain special use permit;mprora]for addttrorral children pursuant to Chapter 6 ofthis I rtle .1. 1 Ire following home occu patrons are prohthrle& I.Manu lactixt ing business, 2.Clinic or hoslprlal 3.Annual hospital or kennel 4.Restaurant 5.A,nv activity that produces noxious matter or employs or rirodULCS flammable matter or is in violation of SCl'Irml W-3-111ofthis'l isle. 10-3- 11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: When a use is not specifically listed in the sections devoted to"uses permitted",it shall he assumed(hat such uses are hereby expressly prohibited unless,by a written decision of the plan commission,it is determined Ihat said use is similar to and not more objectionable than uses lisled. 32 CHAPTER 4 Zoning Administration and Enforcement Section: 10-4-1:Organiiation 10-4-2: Administration 10-4-3: Enforcement 10-4-4: Plan Council 10-4-5: Plan Commission 10-4-6: Zoning Board of Appeals 10-4-7: Variations 10-4-5: Appeals 10-4-9: Special Uses 10-4-10: Amendments 104-11:Annexations 10-4-12: Permits and Certificates 10-4-13: Fees and Penalties 10-4-1: ORGANIZATION A. Me immarV Fosrxinsibilm for finvloilunting and adnumsterm,th s 1 ale is hereby vested in the lidlow in laxfies: I. Amium \dmunsrator 2 Zoning Office 3 flan(ouncil 4. Plan commission S Zoning Board of A r teals 6. Clty Council B. Authority and Administrative functions: This ('haver shall lira tit out the aulhoral. of each of the designated adtnimstratnr_baxhes,and then describe the prcxedures and substantive standard+w tth resnect to the follow me administrative luncttom: 1. Issuance ol'burldmg peyntns and cerulicate of occupancie. ? Plan Review 3 Variations 4. Appeals 5, special l bus fi. Amendments 7. Annexations 8. Fee,and Penalties 104-2: ADMINISTRATION 32 S. Liming Adtnims[rator. The Duedar of the D) 1%111111L111 of('rmtuutu)\ 1)0Alrmcnt, or an ❑uh,rrvctl appointee, shall be the zoning adtrtmrstrator. l.un 2 nl thn caha iu tlu 1)Ircctur of IIL• Dcparlm.ill U[' (onrnuuuty DeNclrgpntellt or hl.hel ;%phut Ived onrt,uu«'hall akt,nilIISM tip a t„I�I,On�nl'Ihls I Ills B. Duties:The/nnrne Adntpnmstr:nor and such deputie or ji::e iitn;Tauthnrvcd appointecis)as have been,or shall Ix,duly appointed shall enforce the zoning regulations and in addition thereto,and in furtherance of such authority,shall. 1.Identify all nonconforming structure%and uses. 2,forward to the Plan l.ommission applications for amendments to the zoning I Ic text or map, special uses ijid I1111� dill uIh-11:IJ[lit ICU 3_forward to the/onme Boaul.lppeals applications for appeals and variances. 4. forward applications,site plan%and related mlurmation to the flan('Un1101 tit all case.which require Ian Fevre%s as defined in Section 10-4-4 of this (ha)(cr and as required to specific zomnig districts under the pray Irlons of this Title 5.Interpret the zoning regulations when questions arise,including: a. Determine which uses, though not contained by name to a zoning district ]is( of permitted uses,are of the same general character and permit their establishment. b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class, b, hlamlam permanent and current record+of the zonm+ordinance includme but not limed to all maps,amendrrrnnis,variations,appeals,and publications thereof 7. ksNISt tit JIFLIN ldinl; nublic nl'ornratron relative to all matter veriaining to this I ale and open record+fir rubllc ins •ctron as deemed re guyed by law. s Initiate direct and reyww, front lime to time a studv of the provisions o['thp:. I ale and administrative record of tarances and appqals,and make re pis of]its her recommendations to the('rtv %dmmmstrator and the a ro prta(e Board or('ommrsslon. N. Administer the comprehensive plan and make interpretations of proytsrons which Pertain to building and site design takin• into consmdernuon such factors as contextual appmonriateness, consl9tency with the('tty's general policies.and community nerd or benelit 10.Delegate 'authority by disLAiarging other duties as may he placed U11071 hlm her by this f]ale 10-4-3: ENFORCEMENT: A. Zoning OfiicerAbe city(href Building('ode t)fficral,hereinafter referred to as the"officer",is designated as the zoning officer of the city; B. Duties:The'Zoning Officer shall,with the exception of interpretations unless otherwise authorized,he responsible for enforcing this Ink I ill,:.Said officer shall have the power and shall see(rat the provisions ofthista-k-lnleareproperlyenforced;tnd m fulthre;ln«01"IR-11 IUlh,Ir[,.hail: 33 I Issue all certificate,of use and occuo:incy and maintain record,thereof' ". ('onduct ups pegartins of hur[diriz aructurc, and use(if'land to determine compliance w Ith the lenm of 1111., 1 Alt. ?. Issue violation notices ter ut11ne comi,lianee w ohm 111im, (31H l_days and adp i mg suspected v a,lattirl of their 11Ll11 to appeal,and to issue c nations for violation,of this 1 itle 4. Reg mre that all construction OF w ork of anv Lv x be sto p xd when such work is not in t0111111ance with Lhrs 1111e aCtj nd FC%oke an wimit which was unlaw folly Issued. 5. Rev iew all cast,ofenrniachmenl in required vaid h. 1 nk)rce kill orders of the lonmz Board of Anpcals C. City Officers,Employees AiHI-and Citizens:It shall also be the duty of all officers,citizens and employees of the city,particularly of all members of the Community Development,Engineering,Public Works and Police departments,to assist the zoning officer by reporting to him any new construction,reconstruction, improved land uses or upon any seeming violation. I0-4-4: PLAN COUNCIL: A. PU1j)0%e: f o carry out the site plan rev iew olalgphcations and oelpuonl refaced to concept plan,County mile and one-half reviev. annexations planned unit devehi menls zoning, sacral use uehnnnary plan and final 11111 li. klenrhers: I he Plan Council is hcrehv created and aha[I consist of the ( rte Administrator ('nntmumL% Development Director,('rty 1.nemeci,Chief Building Code(lfticial. Public %1 orkl Director Director of Parks and Recreation Police Chief Sannary District Director, l.mergenev Medical Re)resenlalrvc and I ire District Rcnresen(ati%e. ( . Nlvetin gl: the Plan(ouncil shall meet on an as needed halis and the petitioncr s shall also he present at the Ineetin$. I). Duties: I he Plan('ouncil shall have the duties as set liuth herein and as follows: I. Review on all site olans and documents related to concept plan,Cuuntv mile and one-half review annexations planned unit developments,ztining.%pecial use preliminary plan and final nlat for con11111ance with(.ity Ordinances standards and liolicies. 2 G1 ork coo rativcly with the a p phcant st to find mutually acceptable site desi m and improvement solution~to s pecilic site Problems,in accordance to('itv()rdmanccs s(andardl and 1XIlicies. ;. Pre pare rteornmendations haled upon review of site ran%and docurnent.,to('onunrlsioiis and oc Boards prior to lmldmi'ofa iiuhhc hearinp,tin the application or petition 104-5: PLAN COMMISSION: The city 14- Pkiil a'oinmission,which has been duly created by the mnyorNlavor as detined in Section 2-1-1 of the c't ('odd,shall have the authority,responsibility and duties as set forth herein and as follows: A.-To hear and report findings and recommendations to the rnawwKla or and�, emineW ity l'uuncd on all applications for text amendments.man amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. 34 B._To initiate,direct and review,from time to tine,studies of the provisions of this title,and to make reports of its recommendations to the atuyerhlavoi and t";�.;n„-"0tv Council not less frequently than once each year. C._To hear and deemdeinake reconnmendauons In the Mayor and('nv t'uuncil on all mailers upon which it is required to pass under this title I) I o prepare and reeommend to the Mayor and Cnv(ouncil a cons rchensivc plan or u idates thereto kv the present and future deN elo anent or redei clo nuenl of the city. 10-4-6: ZOOA ZONING BOARD OF APPEALS: The City> g A l�rak/k1nmL•141.,116 I,1 Wo,:al ,which has been duly created by the tnavi Mayor as Icirtcii W';eL tom -?- of tlic( it. ( OCIV,shall have the authority,responsibility and duties as set forth herein and as follows: A. _'I o hear and decide appeals from any order,requirement,decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B. To hear and pass upon applications for variations from the terms provided in the zoning ordinance in the manner prescribed by and subject to the standards established therein. C._To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. D_ 1 o enturce-and mukr all(IMS1011>under the stun ordinance. Comment[KNoblei]:Relocated under new Section 1154412;Permits and Certffikv es on oil pe-1190mg 40 the spihiq iii1e. to r_.ns3rrcrr�rrL i 6� r,cnc+ rnxwr: e enPa'afP�g Comment[KNoble3]:Relocated under new Section 1G-4d2:Permits and Certificates 4v- 35 t+rt+rr-irr�ere+el- -, shall Wrines nrpliefltie*fool M Penifielov 4868"Pene� Fer kilo n4e ek mean!land,01F fog,"Change ul!he tose BF18114 9L.any Mlhep='Malim.@F1%wod IN5 *i-.4 kokle.and'quell leffir"Mry 9110H MHI be i9stled oploor!kovidmiquell 6 11kou"Fils vvelo!A F-evar14 L41,64 qhsil 1§8 leapt on File in 1he 09;00"khd And a 0"joy (114�eied. 10-4-7: VARIATIONS: A._Authority:The a aning Zoning howd Bo:rni of eppeal+Avivals,after a public hearing,may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth,where the board of appeals holds a nuhlrr hearing and makes findings of fact in accordance with the standards hereinafter prescribed,and further finds that there are practical difficulties or particular hardships in (be way of carrying out the strict letter of the regulations of this title, t Inless otheawase+ncci ied herein,the Mayor and t rtv Council.hall have the final decision on vanathon:- 36 B._Application Fo T;u tmot;and Notice of Rearing: An application for a variation shall be filed in writing with the zoning administrator, The application shall contain such inrormalion as the eontrtg lxw-ti-,4 ttpteai.Z.onurr* Board of Ayyeals may from time to time, by rule, require. Variations other than those authorized by ibis section on which the xo n- b o appeal!Zoning Board of atn eal.may act shall be subawled to the zoning administrator and acted on in the following manner: 1 he city clerk shall publish notice ol'a public hearing on such application for%ariation stating the time,places and purpose of the hearing,at least filieen 1151 but not more than Ihtrty tall calendar days in advance of the hearin in a news pa ter of general Circulation in the city. 2, 1 he zoning admaustrator shall eive notice of the public hearing to the applicant I he goVhcant shall oroti rte notice of the public hearing to all property owners whose lot or ttonron of a lot lies within five hundred feel 00(ri of the subject Prorwrty. measured from the sub ect fro pertv's btiundarv. the notice.hall stale the time lace and ur tose of the hearing, and shall be sent not more than thirty 13111 calendar days in advance ol'the hearme 3. 1 lie applicant shall scud the notice by certified marl prtgterly addressed as Thou n on the county tax assessor's rolls and wilh sufficient nosh ec alfixed thereto with return Freer n requested a the armlicant shall also file a swum allidmit containing a complete Irst of the mines and last known addresses of all ten pertv Owners entitled kt notice and served and attach thereto all I Inited Stales Post Office return receipts as documentation of compliance with trovi+runs in ticcuon I0-3-7B of this fitle, Such aifidavu and the return receipts must be submitted to the zonin e administrator no later than twenty-liour(241 hours in advance ofthe uuhhe hearing N..., e ,r r r,.._........e SeCtIO ) 1-12 C. Standards[,'or Variations: 1._The et90 e be Via,./unwg 13,i;uci of ,lrtnc;rls shall not vary the regulations or this title,nor recommend to the eo�,wtwv-& i tv(ounce l variation of this title,unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code are complied with in addition to the rollow ing: a. Because of the particular physical surroundings,shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. c, The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. d.The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e.The proposed variation will not impair an adequate supply of light and air to adjacent property,or substantially increase the congestion in the public streets,or increase the 37 danger to the public safety,or substantially diminish or impair property values within the neighborhood, I'. Ibe vrolwi.sed ,aiialion is cunsi%tent pith the ollicial t'amprehcntirve Plan and other deticlopnicnt standards and Dilicies of the eitk 2._The raimw r ;r 7nnule [bard of Anneals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent ofthis title. D._Authorized Variations: " Formatted:Indent:First line: o" j 1. Variations from the regulations of this title shall be granted by the Amine ROX cl Of 1hl,c ,only in accordance with the standards established in subsection C of this section and may be granted only in the following instances and in no others a. To permit any yard or setback less than the yard or setback required by the applicable regulations,but by not more than twenty-five percent(25%). b.To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent(90%)of the required area and width.The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. c.To permit the same off street parking facility to qualify as required facilities for two (2)or more uses provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations,whichever number is greater. e.To increase by not more than twenty five percent(25%)the maximum distance that required parking spaces are permitted to be located from the use served. I'. to alloy% fur the delinnent, or land hankine, of required parking facilities leer a reasonable period of lime such ieriioi of time to he s iecilied in the variance. fg.To increase by not more than ten percent(1 U%)the maximum gross floor area of any use so limited by the applicable regulations. eh.To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot,vacant or legally used on the effective date hereof,is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding,reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. h- 2.The concurring vote of four(4)members of the .tinmg boattl Board of Anneal. shall be necessary to grant a variation- 38 3.Variations other[ban those listed may be granted by the eoy et+riiirerit'rty Council,but only alter a public hearing as set forth herein for an authorized variation. The concumng vote of two-thirds (210 of the elected members of the t-tt. e,otitied('ity ( om it shall be necessary to reverse the recommendations ofthe n iimL iiot t<i r 1 iiiiiWal,/nninz]toaiil of A pl)'�al . L. Action of the/unulg Hoard of Ali eals: 1. Me lunm,Howd of,kriivals,on those matters defined as authorized variations shall render a decision of appnnal,appro%al with conditions,or drsapp)roral based upon the findings of fact as defined in subsection('of Ilus Secuon for final aclron. 1 the /onm Hoard of \p Vals tin all other tiariations which shall he granted by the l itv ('ouncrl shall make recommendations h)the('rtv('ouunl for approval,ap)Pnnal u ith conditions, Or disapproval based upon die findings of fact as defined in Subsection( of this Section tin final action of for referral back to the/onine Hoard of \deals for further consideration. i Rcvrtcation. \\here a variation has been aranted vursuatit to the ro%iaons of this Chapter,such a iruval shall become null and void unless construction thereon is substantially under wav u illim twelve (12) months of the date of issuance unless extended by the Zoning Administrator 10-4-8: APPEALS: A. 1'u11)ose: \n appeal may be taken to the/unme Hoard of AnoeaN from anv order,rcuunci ienl,decision(36 delerinuiatrun made by the I ji k)rcing C lficer bv anv person aggrieved by the action taken under flu repulation. of this Ink 'dhe /om i- Hound of Appeals shall hear the appeal an([ forward it; recommendation(s)to the Mayor and(ity Council for total determmation B. Initiation:An appeal maybe Liken w ithin liirty-live(45)day%of the action complained of by lillme A ith the [nliacmg(Itlicer a notice o1'a p teal s ecifvin+the Rounds thereof,who shall fi,rwatd such a)peal to the /onme Board o1'Amicals. ( Public I learin A )Libhc hearni+;hall be conducted bN the Zoning Hoard union ever a Taal.Notice of the hearing shall le posted at least twenty-lour 1241 hour%in advance of said Public hearing.in the City Clerk', Alice Il Decisions: 1 he[bard of AmwaN may recommend to rcvcrsc or anion,wholly or partly,or may nukldv the order,re(uirenienl decision or detLnnination relating to this'l rile made by the Fnfurciu*Officer and said recommendation shall he IbMirded to the Alavor mid City t'ouncd for final determination. 104-89:SPECIAL USES: A._Purpose:The development and execution of a ioning ofthn:Fhtelhis I ilk is based upon the division of the city into districts,within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.it is recognized,however,that there are uses which, because of their unique characteristics,cannot be properly classified in any particular district or districts without consideration, in each case,of the impact of those uses on neighboring land and of the public need for the particular use at the particular location.Such special uses fall into two(2)categories: 1.Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. 39 B._Initiation 01=o1 Special Uses:Any person owning or having an Interest in the subject property may file an application to use such land for one or more of the special uses provided for in this utk-I rile in the zoning district in which the land is situated. C._Application P+ in Special Use:An application for a special use or expansion of a special use shall be filed with the iotmig-/onmr mr.;THs trl,n-ldnnitt±trahn and shall be accompanied by such plans or data as prescribed by the HRfl—'1_irr rtnru+u4,u�u ('i+nnmSMOII from time to time. Such application .hall fx Im,,,udcd fi„ni Ilia /„mice, .\dnpinieuulOn [11 111C Plan c nunc1l fni icy ic,r and Plan('omnrrssunr kir public II al in❑and liiln III lCn(IalIIIII lit tlr� AIo 'ni ;toil( 11%,(ouncil. D._1[caring r lwoii Application Gn 41 vial l Le:Upon receipt of the application referred to above,the Pr aw Pl m onm i+awn shall hold at least one public hearing and acted on in the lbllowing mound: I_The city clerk Shall rubllsh notice ol':r public hearm*on such application for rarurtion skitin lire time,place,and punu,sc of dies Rearing,at lead fifteen(15 1 but not nwre than thiriv (3i I calendar daNs in adrancc of the hearme in a new s a der of encrrl circulation in the city. 2. I he zoning adnrimstimor ALL m e notice of the rublic hearing to the a r ncCant. l Ire a r rlrcunt .hall provide notice of the public hearing it)all motr.rty owners whose lot or portion of a lot lies within Itvc hundred IM 5011` of the soh ect rro rertc measured liom the suh rest proixrlv's boundarv. the notice shall %tale the time, place, and purixne of the hearme, and shall he sent not more than thirty 311 calendar days in advance of the hearth 3. 1 he applicant shall send tho notice by certified mail Dr0JVFIy addressed as shown on the county tax assessor'.rolk and with sufficient postage affixed thereto,with return receipt requested. 4. I hear Leant shall also file a sworn ailidavit containin a cum le(c lot of the names and last known addresses of all properly.owners entitled to notice and served arid) attach thereto all United States Post Office return recei its as documentation of coin fiance w ith provrsuins in Section It1-4-711 of this I isle. Such affidavit and the return recernts must be submitted to the zoning administrator no later than twenty-four 1241 hours in ad%once of the public hearing See .. . .,.pint p H , 1-2, E._Authorization;For each application for a special use,the hldtrrplan Commission shall report to the eay eourif°°it'ity Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.The emiy e.,unei'l'ity(ouncil may grant or deny any application for a special use;provided,however,that in the event of written protest against any proposed special use,signed and acknowledged by the owners of twenty percent(20%) of the frontage adjacent thereto,or across an alley, or directly opposite t eteft sindtere Icorn, such special use shall not be granted except by the favorable vole of two-thirds(2/1)of all members of the yry et+uneill av('iuncil. In such cases of written protest,a cnpy of(he written ni test >hall he served h% the nunc.nlrl } ion the applicant for the proposed sgpeci:rl use and a copy urxm applicant,mioine%_ Ij'_in,. hN ecru'i xl rnul cl the address of such applicant and attorney shown in the application for tar piglwQ, f.pecial a:e. F._Standards: No special use shall be recommended by the pknr-Plan ••••�.•� . nissim_: i 'onumssron unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. 40 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair f property values within the neighborhood in which it is lu be hwated. 3.The establishment of the special use will not itnpede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities,access roads,drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed a% to minimize traffic congestion in the public streets. h. 1 he iixoposed s octal uw is not conttar%4 the oh ecuves of the t Sl7ina[(um trrhen.%ne flan of the city a%amended 6. fhe special use shall in all other respects conform to the applicable regulations of the district in which it is located,except as such regulations may in each instance be modified by the !:ty eorme-tR tty ('ounctl pursuant to the recommendations of the plaiiPlan et*HM*PL,.4+tml'nupnir+stint. G. ('ondtuon,and Guarantee.: 1 Prior to the granttn of anv s trnal use the flan (omnu%sum ma recumnrend and the ('itv t'ouncil may require conditions and restrictions upon c%tahli%hment location construction maintenance and o tenmon of the special use as deemed necessary for the trotecuon of the public interest and to secure coin Chance with the standard% and re u[rement> .ecified in suh%ecttuu hl ab)ve. 2. In all cases in whwh special use.are ;tamed the Plan Commission may recommend and llte ( uv(buncd may to uire such evidence and guarantees a%it may deem nece%sary as prool'that the Conditions in connection with (he %pecial use are being and will be conmhed with as reouired. lI. .Action of the Plan Commission: 1. the Plan ('om[ms%ion shall make iccominendation%to the('i(v(ounctl to grant or deny an application hir special use, and may, establish such conditions and restrictions as defined in subsection G. above for final action. 'lhe (lty Council may grant or deny by ordinance at a t ]tcatioi1 tin special use or refer hack to the Plain('omen%%ion for further consideration. 2. Anv a p ilication Inr a %icc[al use which fads to receive the favorable recommendation or favorable recommendation with condition.of tour(4)members of the Plan Commission shall not he a p proved exce tt by the 1'aN orahle vole of tw o-thirds 2 3 of all the elected members of the City Council,and anv steeial use altjihcation which receives the liivorable recommendation or favorable recommendation with conditions tiom the Plan (ommts%ion may bL dented by a majority vote of the Board of I nistee%. 1. 1 11ect of Denial of Special 1Ise:No anphcatwn for%penal use,which has been denied wholly or in part by the('itv Council %hall be re%utimitted heir a rietiod of one I I year lium the dale o1'said denial except on die *rounds of new evidence or rnxpf ol'chan a o1'condrtion%. 41 I. Reva :ation: In anv case u here a special use has been _+ranted pursuant Lo Lhe pr0N rsrom of fins Chanter such a i moral shall become null and void unless it is in dace and in active use within duce 3 year%of the date of issuance,unless extended by the Zoning Adnimi'mauir. 104-910: AMENDMENTS: �. Initiation oi= Icm Amendments may he proposed by the trmvofNlavoi and eiiy eotowi't'itN l conch,the r+ltrrNl ui t (_nnu i~.inns the ,oniviu opine Irr+urtl(baud of firI \lineal,,i'rt� nl l iw w l or any property owner. Nlap Amendment,nrav he nropo,cd_hr the owner of the property involved,the Mayor and t dv t ouncil the Plan Commission the Zoning Board or other Unv official. B._Processing: FF�attd:Indent:Left: 0,25" I.-Filing I'Application; Contents: An application for an amendment shall be Fled with Lhe .,M 1112 adiiiiiii i r►trrrAdnunistruoi. The application shall be accompanied by such plans or data and such other information as specified by the plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein.Copies of such application shall be f forwarded to the phm-Pjan eoninwi,on t umrms,ron with the request to hold a public hearing. Il 2.Hearing:Upon receipt in proper form of the application and statement referred to above,the plant commission shall hold at least one public hearing on the proposed amendment. However, the phtwIllan etnnmission{ommrssion may continue from time to time the hearing without further notice being published. 3. Notice ol'Public I Leanne: ' Formatted:Indent:First line: 0.38" I. I lie city clerk shall publish notice of a public beating tin such application for variation,stating the time dace and Vujiuiw of the hearin g at least fticen 15 but not more than thirty 311 Calendar days in advance of the hcarink in a newspaWr u1'general circulation in the city. 2 The Zoning Administrator shall Live notice of the public hearing to the applicant, I he applicant shall provide notice of the puhhc hearing to all Property owners whose lot or tirmion ol'a lot lies within live hundred leet 15011'1 of the suhiect properly,measured Irons the subject tiro iertv'.r lxmndarv. 'I he notice shall state the time lace and PurTiose of the hearin- and shall be sent not more than thirty(301 calendar days in advance 01'111C hcarmg, 3. "Th"Vjilivant shall send the notice bV certified mail vroperly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,m ith return receml requested 4. 1he applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all prol3erly owner, entitled to notice and served and attach thvKeto all United States Post Office return receipts as documeniauun of compliance with provisions in Section 104-7I4 of this I itle. Such affidavit and the return recei Is inns(be suhontted to the zoning administrator no later than tw emv-lour(24)hours in advance of the public heanne 4. Findings t9W Fact An&and Recommendation C9--of The Plan Commission: Within forty five (45)days after the close of the hearing on a proposed amendment, the plrtr�Plan eruirrmas+tr+n Conunissnin shall make written findings of fact and shall submit same, together with its 42 recommendations to the mayew Mawr and e,ty ct i;:wil 'tiv C'unncrl.Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property,the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. The existinn uses and zoning ofneathy nrofvrtym b. lhe_extent to which the PIGM- y values are diminished by lite Ignicular zoning restrictions. c. 'I he extent_to_which the destruelion of property values of platttifl'nromotes the health, safeM morals or geneml we]4w of the public. d. The relative gain Lq the uhlic as cornpued to the hardship im sed u >n the individual property owner. e_The suitability of the subject property in question io+keu,es --efmimed eade_ a.. ::xisi:.... e lass.f:....,:,...for the zoned purposcG, f. The length of time the property bas been vacant as zoned considered in the context ofland dev li t in the area in the vicinity ifthe subject pntperty g.Tha-id4pseH(bat. The community need fir the nurtlosed use h_The can:to which the cimmu_nits has undertaken to-plan its land use develormnent. Comment[KNoble3]:Refer to memorandum from City Attorney dated 6.16,114 as attached C._Decisions: hereto. , 1. Plan Commission: a.The pkw Plan Commission may hear a request for any change in zoning and rnav recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. b.Report to theme•• "° 'nv(ouncil shall contain number present and number of votes forlor against the motion. 2. MavrlrMavor And n r'•� ,-Coui.kA'ity(uuncil: a.The mayo NhiLwi and e m° 'cln C OLIMAl, upon receiving the recommendation of the plarrPlan (omwisaion,may grant or deny any proposed amendment in 43 accordance with applicable Illinois statutes or may refer to the f4w Plan eoninussio t onnmssion for further consideration. b. If an application for a proposed amendment is not acted upon finally by the city ccturterltlh c oaii� l within six (6)months of the date upon which such application is received by the nr,r,a\I; or and etyv- ..u.°-tk'ity t uuuril,it shall be deemed to have been denied. 10-4-10:ANNEXATIONS: A. .Petition 14*4or_Annexation_All annexations shall be initiated by the filing of a petition with the Toning Administrator.Such petitions shall be verified under oath by all the record title owners,including mortgage holders,of all the lands included within the annexation. B._Request 144 I'Lir Zoning Amendments t3r-oi Variations: I. Process:All petitions for annexation agreement requesting a zoning classification other than the R-1,Single E aimly Suburban zoning classification which is assigned to lands annexed to the city not requesting a rezoning,or for variations shall he processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the city.All such requests for zoning amendments or variations shall be accompanied by the fees as provided in section 11-4-1-1-13 of this chapter,and the said fees shall lie paid at the time of filing the petition for annexation agreement. 2.Public Notice tom.+ anil Hearing I �i I+n "Zoning Amendments kill anti Variations in Annexation Agreements: The plan-Kiii rt,tnniton t'cwlm,�un shall hold a public hcanng on the zoning amendment aspects of annexation agreements in the pull,+x in aiun,nCT a. the ctiv clerk shall publish notice of a uublrc hearing tin such aunhcation liir variation, stator the tune place and m Ise of the hearing-at least fifteen 1 g but not mare than thirtv 13111 calendar days in adsunce of the hearing in n pewspLlrer of general circulation in the city. h the lonmrt Administrator shall gne nonce of the oublic hearing to the all phcanl. [he applicant shall provide notice ol'the IMMIC hCaTlne to all propervy owners whose lot or porlttm of a tut lies u ithin live hundred feet (511111 of the subject prowriv, mea+ured fium the subject pro iertv's boundary 1 he notice shall slate the lime lace and w xise of the hearing,and shall be sent not more than thirtv 1311M calendar day%in advance of' the hearing. c. I he applicant shall send the notice by certi lied mail properly addressed as shown oil the county tax assessors rolls and w ith sufficient psla a affixed thereto with return receipt requested. d. the a p hcant shall also file a sworn affidavit conlamm+a complete list of the names and last known addresses of all prorxwrty owner%entitled in notice and served,and attach thereto all United States Post Ulfice return receipts as documentation of complianec with provtsrnns in Seelion 111-4-713 of this 1 tile. such affidavit and the return receirns must be submitted to the zoning administrator no later than twenty-four(24) hours ur advance of the public hearing. In the event that a zoning variation is being requested as part of the annexation agreement,the 44 ..•... ;midi,; :1=1'ej ./ nine Itll:uct_i \ ,:ai, shall h i� hold a public hearing on the zoning variation request in the annexation agreement.'rceeii,ll -P i 1_ C._Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications,other than those assigned to property annexed to the city,or a request for variations,the city comic!( ns Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations, Upon receiving the recommendations of such committees or bodies,or,if no such referral is made,the eity 1t'ny t ounc[I and ma,,.o Mayo of the city shall set the time and place of public hearing and the city clerk shall cause notice of the said hearing to he published in the manner specified in subsection 1443 of this section abo\,, Al the conclusion of the hearings before the city phrn—Plan l commission and /<i•, sg '•-•�' appe 1,/Opine l3,iard (.1m .%punt,, and upon those bodies reporting their specific findings and recommendations,the r>;t,n+rfslavor and L CAUVeI4 rte f nuriCd shall set the time and place for hearing on the petition for annexation agreement. loli 10-4-12: PERMITS AND CERTIFICATES rn a e. Will n'NC_ ncon,r' A._Building]'crime I._Permit Required: No building or structure shall be erected,reennstrutud, enlarged or moved until a bulldirtC have been awfiLd for in yvri rg_upd i s]1gtl. lhe,olTcer. 5atd penal Aull bs posti:4 in_vpR)jnjgen Lire on the prcwises prirzr lo_and-during-dw- riod.of ericti4n,reCQnstrueti9n•enlaree[neni or nto�ng. 2. Compliatice With 1'lov[snn,s: k'-toie a p.rntit iS issued tur tl[e erection, moving, alteration, eIIlaIgelnenLPLixc[!I�;tnc} Orany_Initldine nr_slruclur or uu;of plcmi,s_c5,3hq plans nnd_ultelld€d use shall indicate Qhnlnrmity in all rcspecl.s to tltrLmitrs,vi",i(nfs o0his line., 3,Site Plan:Every application for a building permit subinittvd to the officer shall be accompanied by a site plan, drawn to scale,showing the lot and the building site and the location of existing building on the lot,accurate dimensions of the lot,yards and building or buildings,together with locations and uses,together with such tither information as may be necessary to the enforcement of this title. 10 4 L. GERgPj FIG•TE QF nr rr n� ►,nv. Az Ccriff-Katc_Requkv of0ccupancy; 1._A certificate of occupancy to be issued by the officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a Cleeupan y and useof a builtlin_g here,�f}er crest;d or enlarged. b.Change in the use of ar^existing building e.OccupancyanLus,_oTvacant land except for the raising o£cia) d,.Ch U&l _in.the usiLof land to a use of a different classifrcalion except for the raising of crops, e.Any change in the use of a_nonconfortning_use. 45 2._No such_occupancy, use or change of use shall take place until a certiftcolc of accupangy thereftre shall have been issued, B—Arphcation for Certificate;Action On; Formatted:Indent:Left: O.W I. Written application for a cenificatc of occupancy for a new building or for an existing budding which has been enlarged shall be made at the same time as the application for the zoning permit Lor such buiLduig. Sutd certificate_shall be acted upon within thrcc_t3)_.busmcss�ay��ficr-a rep_reutsstsorlhe_saute has hecn made to a officer_alier_ihesrccttonyr enlargement Qf such huildine of Art.thcrcof has been cotnpleted.in ccrnforntance with the myisiens orthis_[it le_ 2._Written application litr a ccrtiftcatc of occupancy for the use of scant land,or for a change in the use of land or ofa_builtfina.or for a chance in-amoncon( rming use,as_hereinp[nyids d,�ItalLLx madc_lv_lhc_offfi,vL.fi_the.premsed.-usc_.rs-in.conformity with She.provisions of th�s_1111e,_1he certificatc_or Occupancy therefore shall be i$$1tCil—wilhin three (3) business days after the aMisotioa fitr the sam has been in dc. C._Temporary Certificate Of Occupancy:Pending the issuance of such it certificate,a temporary certificate(if occupancy may be issued by the officer for a period ornot more than six(6)months during the completion of the construction of the building or of alterations whicb arc required under the terns of any law or ordinance.Such Ictuporary certificate may he renewed,but it shall not be construed in any way to alter the restzssttYCSi$lltS._dallcs.9LSLbllgatiin5._oT_tht�owncr or oT t�tt•Krelatme�.ift�usss?r_�upat]cy nLlhs: land_pr_huildin�tr_any_41hcL mattersovercd by this title_and such temporary cerlificatu5 shall_not-be i iLCd yxwe Ii s_unds r such restricaions.and provisions ai_wj]1 adwualely-cam e the.�fety f the cx cul>aats, U._Contents Of Ccnificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this litic. F._RecordsKept:A record of all certificates if cx:euugy shall be kept on lilt in the ofticc of the ofticu and a rapy_shall he fitrwarded,on request,to lxrson,havingproprictaTY nr tcrtanc Interest to the huildmg or land affected. 1044413: FEES AND PENALTIES: A. Petitions pertaining to Annexation, "Zoning Amendment, Special Use, Variances shall bc-responsible for application and application review fees as provided to-leetntirSection 1-7-9 of this eodet title. Any person who violates, disobeys, omits, neglects, tef i,e,and reluws to comply with or who resists enforcement of any of the provisions of this tttde-I the shall be fined as provided in,eutfon Section 1-4-1 orthis t:c+t#ct'(Kle. 46 CHAPTER 5 Zoning Districts and Maps 10-5-1: DISTRICTS ESTABLISHED: For the purpose and provisions herein,Yorkville is hereby organized into sixteen(1 fit districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title 'IZonin tri Disct Minimum Acres Chapter 89 !A-I Agricultural District --- Chapter 10 �0S Onen Space -_ Chapter 411,Article A IE-1 Estate District _ 1 Chapter 911, Article B JR-1 Single-Family Suburban Residence District 10 Chapter 911,Article C ;R-2 Single-Family Traditional Residence District 10 Chapter 411,Article D IR-2 Duplex,Two-Family Attached Residence District --- Chapter 911,Article E IR-3 �ieneral Multi I amil-y Attached Residence District 5 Chapter 411,Article F �R-4 General Multi-Family Residence District 2 Chapter 11.Article G ICDD Conservation Design District _ Chapter 4412,Article A 10 Office District 1 Chapter-1-f I2,Article B ;B-1 Limited Business District Chapter-U12,Article C IB-2 General Business District 2 Chapter 4412,Article D IB-3 Service Business District F 2 Chapter 4412,Article E IB-4 Business District -2 Chapter 4-313,Article A M-1 limited Manufacturing District t0 Chapter-1-313,Article B M-2 General Manufacturing District 10 10-5-2: ZONING MAPS: The boundaries of the zoning districts designated in Section 1045-1 of this Chapter are hereby established as shown on the maps entitled "Zoning Map: The United City of Yorkville", dated ,which maps accompany and are made a part hereof and shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein. 10-5-3: DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A. _District boundary lines are either the center lines of railroads,highways, streets, alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. 40 B._In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps from section, quarter- sections or division lines, or center lines of streets,highways or railroad rights of way unless otherwise indicated. C. _Where a lot held in one ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet(25'). 10-5-4: ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets,public ways,or waterways and railroad rights of way. Where the center line of a street, alley,public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated,shall be deemed to be the same as that of the abutting property up to such center line. 41 m Chapter 6 Permitted and Special Uses - _ C ? � L to W � W C� Ln i Q • h Im (. O. d d 4 4 to aZ t1 o- G. I i i mj a s a s a m v) Ln 4 a s I I in - - sn sn• tR N N fV d d d G. 6. 0. Ni 4 a I I I I i OM- 0. C a Ln 4 L j �,j N 5 I d VI d 4 4 to to t1 Ln to Ln Ln a ! Ln , in s in VI s � Vl OL tl tl a to N 2 V1 to ;A V1 4 S z vi to n vn v, 4 W•tV i I N a h N a to v� of of 4 d d - N N d to to a- %-I sa >x t U g-' �� a i a try En to a to to vl to t,. to v1 +n to N Ln LA v1 4 to d v u a N G ? Y M E c Y Y �• ?— W t6 J Ln X10 C y; m 7 0 0 Iii E — �. a uxi -. a c ' 7 a v c a m C ] to o H .� E v E w a o O in 1- c C C 0 0 ;� m o m m y c_ a � Y m too m _ L +�-' E 0 c 4 0 m o (a in ud � ainz =0 r-Q QQQ QQ 4 C%j w Co co Chapter Permitted and Special Uses � k , � 2 | , , , , � . 2 , 2 Q. MnLn � . 0 2 © k B \ � � 2 . f » I L \ CL CL $ 2 ■ E 2 CL 0. CL o ] k 2. 2 Q I , 2 . , Ln , , , . Ln I § \ . uo u � � § % ƒ f \ \ fE § ® 0 CL ] 7 [ . k k / ® A d s L $ } § Ef # \ [ 7 ƒ 0 § DD ` / / \ ` _ � � - 5 .Lu $ � \ � � I 2 % \ k _ ) � % � ? © w � 2 , ; 2 . Co k § bo. § ° / M \ _ &» a ■ - _ ® rza \ aG \ - ° - a } § 2 © e ; 2 § 3 t § d 7 k \ ) 2 / E ' % E § E E e e J Q M � kIR \ § � \ \ [ $ \ � 5mmuu 0 0 k ; w kM -M ' 2 � aen = in _ , . e = CMuuuu = uu uoeec LL 4D eLD co cc v Chapter 6 Permitted and Special Uses a d w 3 � CL .6 I a N N N d d I CL d d a d 4 a c. 4. 4 4 4 cL N a N 4 a d a a s a Co 4 4 d N D. N d 4 N d N d 4 a go w D. m. a , 4 d d e e d a a N d I a d C9 C e I 4 N 4 d d d � Q) 6l 7 d d E N N CL Q- QC e e I e CL L a 'N d CL CIA rq v E CL CD Q) a a in d d e (fl U Y d d I I N 7L d e N d N I d N N VY I I N PIP i a m •L L a Y Q u E a E w CL 40 W Z a m a �2 u 3 7 U' Oi — y a L u vi a N - ip O O m C t 10 b C C u C - n a a 'y c ' a C c E 1p - L Q u C E x i `o v " m Z 5 - E t 3 0 m L C Z CL O U j U y C Y a C v m -0 � D y 0 j O a N a +' •N t v a m o0 m m m '^ a E ' C taJ a+ C Ol C O N Vl `1 Ll a m -a C 7 i a'' w a Y Y L :E m m Y 61 C 'w o '� p J p 3 m u u `u N Y m y m i a 3 '�a > > °n > E a o — m a a a a a o ,a v a m t o m 4 c n o m m [7 C7 S L 2 Z c: a a � � ¢ ¢ O: s N N in N N N 1- F F`- O w a a a m U U v m Chapter 6 Permitted and Special UsE Co g M ,n a s - a a a a a a s b a a a n a a en Q. VI OL CL c 0 � O v U L i L V Q7 Y_ r • L � C CO E E C V ap a C Mo h C p ° N N c o 9 0 O E CL p u m L `� 3 M ' a s N r to -0 0 to 4 N 0J G '� L C N , D E V c eu ° o o M m V m t Cr C u u N u L s b v, t d Y a Y 07 C +�+ m w 01 ' W h p •i° L u *0 � y y iu G O o E .�-, ;_° H 4l 3 7 ,n CU L m m a ° � oo c w u •c t io i ° m a+ u w u m Q u d ° O. �O tL N cu -be 01 01 .0 a C t ++ L of �•-° m O C r 01 0Lj t s «� u Cu ; ° `o_ . u °� a o ,n n y o Q a E v° o w °1 v 0 o m m i n ?+ u y o o M ° 5 0 'x m L o m 5. t Y w E V o 0 o W w - a a cc d w� r 3 ¢ M Cu m z Lam in e 'S Chapter Permitted and Special Uses . � Ln , V) VI < � . o o � o � N Hd ' 3 . Q. Ln LO § Ln � » ? � f k $ � � t 2 . ƒ 0 ƒ J ' f ; 0 VI „ 2 , tn Cn Ln � mm „ lot 2VI _ © - , k a § § ° § ° § \ \ E 2 � } j ) ) _ § & � C # . ] J § & ) _ 2 k E d . o f { & e = M > : ] \ - E w % § _ g \ k & E ® � / � o � k / c & / f / ( � K ® 2 , _ § 2 � § , � I § � � = I e � 5 � \ x j 3 k E 2 • . . . E { 3 b f $ f 0) ; & - t ] _ § § % 2 t f 2 E & B M ) o o 7 2 e e o _ \ 7 . 2 M . o z £ o a ; ` 2 = = _ E _ 2 = 5 r 2 - a g e u E ¢ m m ] 12 J g 2 ) I Q ƒ I e a 2 5 co m m CL CL Az I� a Ca o Cb a) a � Z) p� N CL C m m E CL CL cD I m 9 d a m U a a� a c m 0 H u u Q Chapter 7 Dimensional and Bulk Requirements d v e` e a � c c • f Y A A i CC K r'. •e a o o.o,o•o b b b b b b o m m m p 5 + a a Fib b 1' o b °5'. "a 7� 00 a .. 'yi F n`o 2$ bbbc obo�' -r. tt In U MR o gI7 E 10 efl g� ¢Sc B�Sd Sx B� `1, '.5� �... 1.Cp Eff E 12 CAL rA F � gh � , jr W d- c�1.21 6c4C O�q C4.'ni .O i . a : Z SUPPLEMENTAL RESEARCH m ATERIALS Conununity Child Care Connection: Licensing Standards Definitions Page 1 of 2 WE HAVE MOVED Commun4y Child Care Connpalion is now located at 91q Soutt,Spring St.Springfield,IL 62704. Home i Abvai CGCC I Cgriticl U Community Child Care Connection, Inc. Linking Parents and Providers with Resources Welcome T For Parents TFor ,i ProvidersT Community Overview Licensing Standards Definitions Program 5ervice5 In Illinois, the Child Care Act of 1969(as amended)is the law Child Care which requires the licensing of child care centers,family child care homes and group child care homes.Child care licensing is Looking for a form of consumer protection.The Illinois Department of Child Care? Children and FamilV Services(DCFS)regulates child care Health and Safety programs by requiring child care providers to meet minimum Money Matters health&safety standards. Growth and A DCFS license must be on display at the center or home. State licensing representatives annually monitor each child care �* Develo ment program to determine if they meet minimum health and safety '•`_, _, Resources requirements and to ensure compliance with the standards. -ir ae Community Child Programs should distribute a summary of the licensing f, f Care Connection.Inc standards to parents or guardians at the time of enrollment.A 919 South Spring Street child care center,family child care and group child care home - - Springfield,It 67704 license must be renewed every three(3)years. Both the Child Care Act and/or the Licensing Standards are subject to change. 6uections Definition of Terms Local: (217)525-2805 1 oil Free. 1-800-676.2805 Child Care Center-a facility that cares for more than three children in a setting that is not a Fax. (217)b25-5859 family home.Child care centers, nursery schools, preschools, and school age programs are Email:infoUWcccconnect pro included in the definition. Please click the following link for a summary of the DCFS Office Hours licensing Standards for Child Care Centers. M: 8.00 AM to 4.00PNi Summary of Child Care Center Licensing Standards T: 8:00 AM to 4.00PM W 8:00 AM to 4 OOPM 1h 8:00 AM to 4.00PM Family Child Care Home-the care of up to twelve children in a family home, including the F 8:00 AM to 4:OOPM provider's own children, related and unrelated, under age thirteen with an assistant. Please click the following link for a summary of the DCFS licensing Standards for Family Child Care Homes. Summary of Family Child Care Home Licensing Standards Group Child Care Home-the care of up to sixteen children in a family home, including the provider's own children, related and unrelated under age thirteen with an assistant. Please click the following link for a summary of the DCFS licensing Standards for Family Child Care Group Homes. Summary of Family Child Care Group Home Licensing Standards License-Exempt Child Care-care that does not require a license from Illinois DCFS to operate. Please click the following link for additional information on License-Exempt Child Care. License-Exem t Child Car For further information on licensing contact the local DCFS office at 1-877-746-0829 or visit their website. http:If www.ccccorinect.org/Parents/LicensingStandards.asp 8/27/2010 Community Child Care Connection: Licensing Standards Definitions Page 2 of 2 Some of the information on our site may require Adobe's Acrobat Reader to view, You can obtain this free of charge by clicking on the"Get Adobe Reader"button. Mail 41 Sile design layout and grapl C,?l Comrnun,iy Child Care Connil Inc All richis reserved SRe design and development by Wulf Design and Consuihng http://www.cccconnect.org/Parents/LicensingStandards.asp 8!27/2010 col 0,T% Memorandum To: City Council PST From: Travis Miller 0 F . CC: Lisa Pickering(for distribution) 9 C�,,Dxu p Date: August 25, 2009 .��".Ac i Subject: Factors to Consider for Rezoning—Lisa Bernstein Memo LE The attached memo prepared by Lisa Bernstein, Kathleen Field Orr's office, is in response to a request made during the August 11, 2009 City Council meeting. Future staff reports prepared for rezoning requests will include the `LaSalle factors' outlined in the attached memo in addition to the criteria required to consider by the current Zoning Ordinance, which are as follows: Zoning Ordinance Chapter 14, Section 7: "Where the purpose and effect of the proposed aainendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following natters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 114-1976)" 1 LAW OFFICE KATHLEEN FIELD ORR& ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO.ILLINOIS 60601 (312)382-2113 (312)382-2127 facsimile KATHLEEN FIELD ORR LISA GAGLIANO BERNSTEIN kfoly-kf'oas.oc.com 1zbg_kfoa u;0c.com MEMORANDUM TO: Mayor and City Council FROM: Lisa M. Bernstein DATE: August 18, 2009 RE: Factors to Consider for Rezoning Through a series of cases, the Illinois Supreme Court has thoroughly considered the necessary factors for rezoning. The Court said that an amendment to a zoning ordinance must consider the same rules, tests, and requirements as an original ordinance on zoning. See Michigan-Lake Building Corp. v. Hamilton, 340 111.284, 172 N.E. 710 (1930); Exchange National Bank of Chicago r. Countu of Cook, 25 I11.2d 434, 185 N.E.2d 250 (1962); Bohan v. Village ofRivelside, 9 111.2d 561, 138 N.E.2d 487 (1956); LaSalle National Bunk of Chicago tip. Cih, of Chicago, 5 I11.2d 344, 125 N.E.2d 609 (1955). The specific factors to be considered for an amendment to a zoning ordinance were determined by LaSalle National Bank of Chicago 1'. County of Cook, 12 111.2d 40, 145 N.E.2d 65 (l 957) and Sinclair Pipe Lind Co. v. Village of Richton Park, 19 I11.2d 370, 167 N.E.2d 406 (1960), and summarized by the Court in Bunk of Elk Grove 1. City of Joliet, 167 III.App.3d 457, 521 N.E.2d 648, 650, 118 I11.Dee. 366 (3d Dist. 1988), as follows: I} the existing uses and zoning of nearby property; 2) the extent to which property values are diminished by the particular zoning restrictions; 3) the extent to which the destruction of property values of plaintiff promotes the health, safety,morals, and general welfare of the public; 4) the relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) the suitability of the subject property for the zoned purposes; 6) the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) the community need for the proposed use; and, 8) the care with which the community has undertaken to plan its land use development. 1 hope this memo will assist you in your discussion. 65 ILCS 5/ Illinois Municipal Code. Page 1 of 17 Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. MUNICIPALITIES (65 ILCS 51) Illinois Municipal Code. (65 ILCS 5/Art. 11 Div. 13 heading) DIVISION 13. ZONING (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1) Sec. 11-13-1. To the end that adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided, and that the public health, safety, comfort, morals, and welfare may otherwise be promoted, and to insure and facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance; the corporate authorities in each municipality have the following powers: (1) to regulate and limit the height and bulk of buildings hereafter to be erected; (2) to establish, regulate and limit, subject to the provisions of Division 14 of this Article 11, the building or set-back lines on or along any street, traffic-way, drive, parkway or storm or floodwater runoff channel or basin; (3) to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings; (4) to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses; (5) to divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Division 13; (6) to fix standards to which buildings or structures therein shall conform; (7) to prohibit uses, buildings, or structures incompatible with the character of such districts; (8) to prevent additions to and alteration or remodeling of existing buildings or structures in such a http:/l www.ilga.gov/legislationlilcs/ilcs4.asp?DocName=00650005OHArt%2E+11+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 2 of 17 way as to avoid the restrictions and limitations lawfully imposed under this Division 13; (9) to classify, to regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household; (10) to regulate or forbid any structure or activity which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977; (11) to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing; and (12) to establish local standards solely for the review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process; except that, other than reasonable restrictions as to size, no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential property during any period of time, the regulation of these signs being a power and function of the State and, therefor, this item (12) is a denial and limitation of concurrent home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution. The powers enumerated may be exercised within the corporate limits or within contiguous territory not more than one and one-half miles beyond the corporate limits and not included within any municipality. However, if any municipality adopts a plan pursuant to Division 12 of Article 11 which plan includes in its provisions a provision that the plan applies to such contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality, then no other municipality shall adopt a plan that shall apply to any territory included within the territory provided in the plan first so adopted by another municipality. No municipality shall exercise any power set forth in this Division 13 outside the corporate limits thereof, if the county in which such municipality is situated has adopted "An Act in relation to county zoning", approved June 12, 1935, as amended. Nothing in this Section prevents a municipality of more than 112, 000 population located in a county of less than 185, 000 population that has adopted a zoning ordinance and the county that adopted the zoning ordinance from entering into an intergovernmental agreement that allows the municipality to exercise its zoning powers beyond its territorial limits; provided, however, that the intergovernmental agreement must be limited to the territory within the municipality's planning jurisdiction as defined by law or any existing boundary agreement. The county and the municipality must amend their individual zoning maps in the same manner as other zoning changes are incorporated into revised zoning maps. No such intergovernmental agreement may authorize a municipality to exercise its zoning powers, other http://www.ilga.gov/legisIation/ilcs/iIcs4.asp?DocName=006500050HArt%2E+I 1+Div%2... 9/16/2010 65 ILCS 5{ Illinois Municipal Code. Page 3 of 17 than powers that a county may exercise under Section 5-12001 of the Counties Code, with respect to land used for agricultural purposes. This amendatory Act of the 92nd General Assembly is declarative of existing law. No municipality may exercise any power set forth in this Division 13 outside the corporate limits of the municipality with respect to a facility of a telecommunications carrier defined in Section 5-12001.1 of the Counties Code_ Notwithstanding any other provision of law to the contrary, at least 30 days prior to commencing construction of a new telecommunications facility within 1.5 miles of a municipality, the telecommunications carrier constructing the facility shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility and (ii) the address and telephone number of the governmental entity that issued the building permit for the telecommunications facility. The notice shall be provided in person, by overnight private courier, or by certified mail to all owners of property within 250 feet of the parcel in which the telecommunications carrier has a leasehold or ownership interest. For the purposes of this notice requirement, "owners" means those persons or entities identified from the authentic tax records of the county in which the telecommunications facility is to be located. If, after a bona fide effort by the telecommunications carrier to determine the owner and his or her address, the owner of the property on whom the notice must be served cannot be found at the owner's last known address, or if the mailed notice is returned because the owner cannot be found at the last known address, the notice requirement of this paragraph is deemed satisfied. For the purposes of this paragraph, "facility" means that term as it is defined in Section 5--12001.1 of the Counties Code. If a municipality adopts a zoning plan covering an area outside its corporate limits, the plan adopted shall be reasonable with respect to the area outside the corporate limits so that future development will not be hindered or impaired; it is reasonable for a municipality to regulate or prohibit the extraction of sand, gravel, or limestone even when those activities are related to an agricultural purpose. If all or any part of the area outside the corporate limits of a municipality which has been zoned in accordance with the provisions of this Division 13 is annexed to another municipality or municipalities, the annexing unit shall thereafter exercise all zoning powers and regulations over the annexed area. In all ordinances passed under the authority of this Division 13, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire municipality and the uses to which the property is devoted at the time of the enactment of such an ordinance. The powers conferred by this Division 13 shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted, but provisions may be made for the gradual elimination of uses, buildings and structures which are http://www.ilga.gov/legislation/iles/iles4.asp?DocName=006500050HArt%2E+1 l+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 4 of 17 incompatible with the character of the districts in which they are made or located, including, without being limited thereto, provisions (a) for the elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; (b) for the elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and (c) for the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures. This amendatory Act of 1971 does not apply to any municipality which is a home rule unit, except as provided in item (12) . (Source: P.A. 95-475, eff. 1-1-08; 96-904, eff. 1-1-11. ) (65 ILLS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1) Sec. 11-13-1.1. The corporate authorities of any municipality may in its ordinances passed under the authority of this Division 13 provide for the classification of special uses. Such uses may include but are not limited to public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property, and planned developments. A use may be a permitted use in one or more zoning districts, and a special use in one or more other zoning districts. A special use shall be permitted only after a public hearing before some commission or committee designated by the corporate authorities, with prior notice thereof given in the manner as provided in Section 11-13-6 and 11-13-7. A special use shall be permitted only upon evidence that such use meets standards established for such classification in the ordinances, and the granting of permission therefor may be subject to conditions reasonably necessary to meet such standards. In addition, any proposed special use which fails to receive the approval of the commission or committee designated by the corporate authorities to hold the public hearing shall not be approved by the corporate authorities except by a favorable majority vote of all aldermen, commissioners or trustees of the municipality then holding office; however, the corporate authorities may by ordinance increase the vote requirement to two-thirds of all aldermen, commissioners or trustees of the municipality then holding office. (Source: P.A. 86-330. ) (65 ILLS 5/11-13-2) (from Ch. 24, par. 11-13-2) Sec. 11-13-2. The corporate authorities in each municipality which desires to exercise the powers conferred by this Division 13, or who have exercised such power and desire to adopt a new ordinance, shall provide for a zoning commission with the duty to recommend the boundaries of districts and appropriate regulations to be enforced therein. The commission shall be appointed by the mayor or president, subject to confirmation by the corporate authorities. The http://www.ilga.gov/legislation/iles/ilcs4.asp?DocName=006500050HArt%2E+11+Div%2... 9/16/2010 65 1LCS 5/ Illinois Municipal Code. Page 5 of 17 commission shall prepare a tentative report and a proposed zoning ordinance for the entire municipality. After the preparation of such a tentative report and ordinance, the commission shall hold a hearing thereon and shall afford persons interested an opportunity to be heard. Notice of the hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers published in the county in which the municipality is located and having a general circulation within the municipality. The notice shall state the time and place of the hearing and the place where copies of the proposed ordinance will be accessible for examination by interested persons. The hearing may be adjourned from time to time. Within 30 days after the final adjournment of the hearing the commission shall make a final report and submit a proposed ordinance for the entire municipality to the corporate authorities. The corporate authorities may enact the ordinance with or without change, or may refer it back to the commission for further consideration. The zoning commission shall cease to exist upon the adoption of a zoning ordinance for the entire municipality. (Source: P.A. 80-452. ) (65 ILCS 5/11-13-3) (from Ch. 24, par. 11-13-3) Sec. 11--13-3. (a) All ordinances passed under the terms of this Division 13 shall be enforced by those officers of the municipality that are designated by ordinance. (b) in municipalities having a population of more than 500, 000 the city council may provide for the appointment of a board of appeals consisting of 5 members to serve respectively for the following terms: one for one year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years, the successor to each member so appointed to serve for a term of 5 years. (c) The city council in cities and the president and board of trustees in villages and incorporated towns, having a population of less than 500,000, may provide for the appointment of a board of appeals consisting of 7 members to serve respectively for the following terms: one for one year, one for 2 years, one for 3 years, one for 4 years, one for 5 years, one for 6 years, and one for 7 years, the successor to each member so appointed to serve for a term of 5 years. (d) In any municipality with a population under 5, 000 that has an appointed board of appeals, a proposition to elect the board of appeals at large shall be submitted to the electors as provided in this subsection. Electors of the municipality equal to not less than 10t of the total vote cast for all candidates for mayor or president in the last preceding municipal election for that office may petition for the submission to a vote of the electors of the municipality the proposition whether the board of appeals shall be elected at large. The petition shall be filed with the municipal clerk in accordance with the general election law. The clerk shall certify the proposition to the proper election authorities who shall submit the proposition at an election in accordance with the general election law. The proposition shall be in substantially the following http://www.ilga.gov/legislation/iles/iles4.asp?DoeName=006500050HArt%2E+11+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 6 of 17 form: "Shall the city (or village or incorporated town) of (insert name) elect the zoning board of appeals at large instead of having an appointed board of appeals?" If a majority of those voting on the proposition vote in favor of it, then the board of appeals shall be elected at large at the next general municipal election held at least 120 days after the referendum approval. At the initial election, 4 members shall be elected for 2-year terms and 3 members shall be elected for 4-year terms; thereafter all terms shall be for 4 years. Upon the election and qualification of the initial elected board of appeals, the terms of all sitting members of the board of appeals shall expire. (e) One of the members of an appointed board shall be named as chairman at the time of his or her appointment. If members are elected, the members shall select a chairman. The amount of compensation to be paid to members, if any, shall be fixed by the corporate authorities. The appointing authority has the power to remove any appointed member for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. Vacancies shall be filled by the appointing authority in the case of an appointed board or by those who would otherwise be the appointing authority in the case of an elected board. All meetings of the board of appeals shall be held at the call of the chairman and at other times as the board may determine. The chairman, or in his or her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the board being present. A quorum shall consist of a majority of all the members. Any absent member who certifies that he or she has read the transcript of the proceedings before the board may vote upon any question before the board. Every rule or regulation and its amendment or repeal and every order, requirement, decision, or determination of the board shall immediately be filed in the office of the board and shall be a public record. (f) In all municipalities the board of appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted under this Division 13. (g) In all municipalities the board of appeals shall also hear and decide all matters referred to it or upon which it is required to pass under such an ordinance. The concurring vote of 3 members of the board, in municipalities having a population of more than 500, 000, and of 4 members of the board, in municipalities having a population of less than 500,000, is necessary to reverse any order, requirement, decision, or determination of such an administrative official, to decide in favor of the applicant any matter upon which it is required to pass under such an ordinance or to effect any variation in the ordinance, or to recommend any variation or modification in the ordinance to the corporate authorities. (Source: P.A. 87-535. ) http:l/www.ilga.gov/legislation/ilcs/iles4.asp?DoeName=006500050HArt`/`2E+1 I+Div%2... 9/16/2010 65 ILLS 5/ Illinois Municipal Code. Page 7 of 17 (65 ILCS 5/11-13-3.1) (from Ch. 24, par. 11-13--3.1) Sec. 11--13°3.1. In municipalities of less than 500,000 inhabitants no change shall be made in the zoning ordinance nor shall any zoning variation be granted within 6 months after the date upon which an official plan is adopted by the corporate authorities unless such change in the zoning ordinance or such variation is approved by a two-thirds vote of the corporate authorities or the zoning board of appeals then holding office, as the case may be. (Source: Laws 1967, p. 3425) (65 ILCS 5/11-13-4) (from Ch. 24, par. 11-13-4) Sec. 11-13-4. In municipalities of 500, 000 or more population, the regulations authorized by this Division 13 may be varied in their application only by the board of appeals of the municipality, subject to the power of the corporate authorities to prohibit, in whole or in part, the granting of variations in respect to the classification, regulation and restriction of the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses. variations shall be permitted by the board of appeals only when they are in harmony with the general purpose and intent of the regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land. in its consideration of the standards of practical difficulties or particular hardship, the board of appeals shall require evidence that (1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; and (2) the plight of the owner is due to unique circumstances; and (3) the variation, if granted, will not alter the essential character of the locality. A variation shall be permitted only if the evidence, in the judgment of the board of appeals, sustains each of the 3 conditions enumerated. The corporate authorities may provide general or specific rules implementing, but not inconsistent with, the rules herein provided to govern determinations of the board of appeals. A decision of the board of appeals shall not be subject to review, reversal or modification by the corporate authorities but shall be judicially reviewable under the provisions of Section 11-13-13. (Source: P.A. 82-430. ) (65 ILCS 5/11-13-5) (from Ch. 24, par. 11-13-5) Sec. 11--13-5. In municipalities of less than 500,000 population, the regulations authorized by this Division 13 may provide that the board of appeals or corporate authorities may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land. If the authority to http://www.ilga.gov/Iegislation/ilcs/ilcs4.asp?DoeName=006500050HArt%2E+11+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 8 of 17 determine and approve variations is vested in the board of appeals it shall be exercised in accordance with the conditions prescribed in Section 11-13-4, subject to the power of the corporate authorities to prohibit, in whole or in part, the granting of variations in respect to the classification, regulation and restriction of the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses. If the power to determine and approve variations is reserved to the corporate authorities, it shall be exercised only by the adoption of ordinances. However, no such variation shall be made by the corporate authorities as specified without a hearing before the board of appeals. (Source: Laws 1961, p. 576. ) (65 ILCS 5/11 13 6) (from Ch. 24, par. 11-13-6) Sec. 11-13-6. No variation shall be made by the board of appeals in municipalities of 500,000 or more population or by ordinance in municipalities of lesser population except in a specific case and after a public hearing before the board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality which is published in the county where the municipality is located. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists. (Source: P.A. 80-452. ) (65 ILCS 5/11-13-7) (from Ch. 24, par. 11-13--7) Sec. 11-13-7. In addition to the notice requirements otherwise provided for in this Division 13, in municipalities of 500, 000 or more population, an applicant for variation or special use shall, not more than 30 days before filing an application for variation or special use with the board of appeals, serve written notice, either in person or by registered mail, return receipt requested, on the owners, as recorded in the office of the recorder of deeds or the registrar of titles of the county in which the property is located and as appears from the authentic tax records of such county, of all property within 250 feet in each direction of the location for which the variation or special use is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement. The notice herein required shall contain the address of the location for which the variation or special use is requested, a brief statement of the nature of the requested variation or special use, the name and address of the legal and beneficial owner of the property for which the variation or special use is requested, a statement that the applicant intends to file an application for variation or special use and the approximate date on which the application will be filed. If, after a bona fide effort to determine such address by the applicant for variation or special use, the owner of the property on which the notice is http://www.ilga.gov/legislation/iles/ilcs4.asp?DocName=006500050HArt%2E+1 l+Div%2... 9/16/2010 65 ILCS S/ Illinois Municipal Code. Page 9 of 17 served cannot be found at his or her' last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this sub-section shall be deemed satisfied. In addition to serving the notice herein required, at the time of filing application for variation or special use, the applicant shall furnish to the board of appeals a complete list containing the names and last known addresses of the owners of the property required to be served, the method of service and the names and last known addresses of the owners of the service and the names and addresses of the persons so served. The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this subsection. The board of appeals shall hear no application for variation or special use unless the applicant for variation or special use furnishes the list and certificate herein required. The board of appeals shall, not more than 30 days nor less than 15 days before the hearing at which the application for variation or special use is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the variation or special use is requested and the name and address of the applicant for variation or special use and a brief statement of the nature of the variation or special use requested. Any property owner within the above stated 250 feet notice requirement, who entered his or her appearance and objected at the board of appeals hearing, and who shows that his or her property will be substantially affected by the outcome of the decision of the board may, without proof of any specific, special, or unique damages to himself or herself or his or her property or any adverse effect upon his property from the proposed variation or special use, seek judicial relief from any order or decision of the board of appeals under the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. If the board of appeals determines that the property of any such owner will not be substantially affected by the outcome of the decision of the board, such owner may initiate or join in judicial review under the Administrative Review Law, as provided in this Section. (Source: P.A. 84-452. ) (65 ILLS 5/11-13-7a) (from Ch. 24, par. 11 13-7a) Sec. 11-13-7a. Zoning variation and special use applicants and property owners, as set forth in Section 11-13-7 of this Act, shall have the following rights, in addition to any others they may possess in law, at any hearing before a board of appeals: (a) to have subpoenas issued for persons to appear at board of appeals, hearings and for examination of documents by the person requesting the subpoena either before or at board of appeals hearings subject to the limitations in this Section. The board of appeals shall issue subpoenas as requested by zoning variation and special use applicants and by property owners within the terms of Section 11-13-7. Subpoenas shall only be enforceable against persons or for documents which have a substantial evidentiary connection with http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt%2E+11+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 10 of 17 U) the property for which a zoning variation or special use is requested, (ii) facts which would support or negate the requisite legal standards for granting a zoning variation or special use, and (iii) facts which support or negate the conclusion that property within the 250 feet notice requirement of Section 11-13-7 will be substantially affected by the outcome of the decision of the board. All matters relating to subpoenas concerning a particular zoning variation or special use case, including all enforcement and motions to quash, shall be heard in a single action, however, the court obtaining jurisdiction over any such matter may retain jurisdiction until the disposition of the case by the board of appeals. Service of such subpoenas shall be made in the same manner as summons in a civil action. (b) To cross examine all witnesses testifying. (c) To present witnesses on their behalf. Property owners within the terms of Section 11 13 7 who object to the zoning application or special use application may, upon request, be granted 1 continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be in the discretion of the board of appeals. This amendatory act of 1973 is not a limit upon any municipality which is a home rule unit. (Source: P.A. 79-1363. ) (65 ILCS 5/11-13-8) (from Ch. 24, par. 11-13-8) Sec. 11-13-8. In municipalities of 500, 000 or more population, when any zoning ordinance, rule or regulation is sought to be declared invalid by means of a declaratory judgment proceeding, not more than 30 days before filing suit for a declaratory judgment the person filing such suit shall serve written notice in the form and manner and to all property owners as is required of applicants for variation in Section 11-13-7, and shall furnish to the clerk of the court in which the declaratory judgment suit is filed, and at the time of filing such suit, the list of property owners, the written certificate and such other information as is required in Section 11-13-7 to be furnished to the board of appeals by an applicant for variation. A property owner entitled to notice who shows that his property will be substantially affected by the outcome of the declaratory judgment proceeding may enter his appearance in the proceeding, and if he does so he shall have the rights of a party. The property owner shall not, however, need to prove any specific, special, or unique damages to himself or his property or any adverse effect upon his property from the declaratory judgment proceeding. (Source: P. A. 76-583. ) (65 ILCS 5/11-13-9) (from Ch. 24, par. 11-13-9) Sec. 11-13-9. The provisions of an amendatory Act of 1955, which was approved June 30, 1955 and which was Senate Bill No. 328 of the Sixty-Ninth General Assembly and which amended certain provisions now contained in Section 11-13-4 through 11-13-8, shall not affect the validity of any variations http://www.ilga.gov/legislation/ilcs/iles4.asp?DocName=00650005OHArt%2 E+l 1+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 11 of 17 approved by the corporate authorities or by the board of appeals and in force prior to July 1, 1955. (Source: Laws 1961, p. 576. ) (65 ILCS 5/11°13°-10) (from Ch. 24, par. 11-13-10) Sec. 11-13-10. In municipalities of less than 500, 000 population, where a variation is to be made by ordinance, upon the report of the board of appeals, the corporate authorities, by ordinance, without further public hearing, may adopt any proposed variation or may refer it back to the board for further consideration, and any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by the favorable vote of two-thirds of all aldermen or trustees of the municipality. (Source: Laws 1961, p. 576. ) (65 ILLS 5/11--13-11) (from Ch. 24, par. 11--13-11) Sec. 11-13-11. Every variation or special use, whether made by the board of appeals directly, or by an ordinance after a hearing before the board of appeals, shall be accompanied by findings of facts and shall refer to any exhibits containing plans and specifications for the proposed use or variation, which shall remain a part of the permanent records of the board of appeals. The findings of facts shall specify the reason or reasons for making the variation. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the board of appeals or ordinance. Property for which relief has been granted shall not be used in violation of the specific terms of the board of appeals, findings of fact or ordinance, as the case may be, unless its usage is changed by further findings of fact of a board of appeals or additional ordinances. (Source: P. A. 76-584. ) (65 ILCS 5/11 13-12) (from Ch. 24, par. 11-13-12) Sec. 11-13-12. An appeal to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality. The appeal shall be taken within 45 days of the action complained of by filing, with the officer from whom the appeal is taken and with the board of appeals a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown. The board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt%2E+11+Div%2... 9/16/2010 65 ILLS 5/ Illinois Municipal Code. Page 12 of 17 parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer from whom the appeal is taken. (Source: P. A. 76-1507. ) (65 ILCS 5/11-13-13) (from Ch. 24, par. 11-13-13) Sec. 11-13-13. All final administrative decisions of the board of appeals under this Division 13 shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (Source: P.A. 82-783 . ) (65 ILLS 5/11-13-14) (from Ch. 24, par. 11-13-14) Sec. 11-13-14. The regulations imposed and the districts created under the authority of this Division 13 may be amended from time to time by ordinance after the ordinance establishing them has gone into effect, but no such amendments shall be made without a hearing before some commission or committee designated by the corporate authorities. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality. In municipalities with less than 500 population in which no newspaper is published, publication may be made instead by posting a notice in 3 prominent places within municipality. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20t of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of the 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen or trustees of the municipality then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (Source: P.A. 81-705. ) (65 ILCS 5/11-13--14 .1) (from Ch. 24, par. 11-13-14 .1) Sec. 11 13 14, . Notwithstanding any other provision to the contrary in this Division 13: (A) The corporate authorities of any municipality may by http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt%2E+1 I+Div%2... 9/16/2010 65 ILCS 5/ Illinois Municipal Code. Page 13 of 17 ordinance establish the position of hearing officer and delegate to a hearing officer the authority to: (i) conduct any public hearing other than a public hearing provided for in Section 11-13-2 -- required to be held under this Division 13 in connection with applications for any special use, variation, amendment or other change or modification in any ordinance of the municipality adopted pursuant to this Division 13; and (ii) hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this Division 13. (B) When a hearing officer is designated to conduct a public hearing in a matter otherwise required to be heard in accordance with this Division 13 by some commission or committee designated by the corporate authorities of the municipality: (i) notice of such hearing shall be given in the same time and manner as is provided by this Division 13 for the giving of notice of hearing when any such matter is to be heard by some commission or committee designated by the corporate authorities; (ii) the hearing officer shall exercise and perform the same powers and duties as such commission or committee is required to exercise and perform when conducting a public hearing in any such matter; and (iii) the hearing officer shall render a written recommendation to the corporate authorities within such time and in such manner and form as the corporate authorities shall require_ (C) When a hearing officer is designated to conduct a public hearing in a matter otherwise required to be heard in accordance with this Division 13 by the board of appeals, or when a hearing officer is designated to hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this Division 13: (i) notice of hearing shall be given in the same time and manner as is provided by this Division 13 for the giving of notice of hearing when any such matter is to be heard by the board of appeals; (ii) the hearing officer in passing upon and determining any matter otherwise within the jurisdiction of the board of appeals shall be governed by all of the standards, rules and conditions imposed by this Division 13 to govern the board of appeals when it passes upon and determines any such matter; and (iii) the hearing officer shall exercise and perform all of the powers and duties of the board of appeals in the same manner and to the same effect as provided in this Division 13 with respect to the board of appeals, provided that: 1. When the hearing officer is passing upon an application for variation or special use and the power to determine and approve such variation or special use is reserved to the corporate authorities, then upon report of the hearing officer the corporate authorities may by ordinance without further public hearing adopt any proposed variation or special use or may refer it back to the hearing officer for further consideration, and any proposed variation or special use which fails to receive the approval of the hearing officer shall not be passed except by the favorable vote of 2/3 of all alderman or trustees of the municipality; 2 . When the hearing officer is passing upon an application for variation or special use and the power to determine and http://www.ilga.gov/legislation/iles/ilcs4.asp?DoeNanie=00650005OHArt%2E+11+Div%2... 9/16/2010 65 ILCS 51 Illinois Municipal Code. Page 14 of 17 approve such variation or special use is not reserved to the corporate authorities, or when the hearing officer is hearing and deciding appeals from or reviewing any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this Division 13, the determination made by the hearing officer with respect to any such matter shall constitute a final administrative decision which is subject to judicial review pursuant to the provisions of the "Administrative Review Taw", as now or hereafter amended. (D) The corporate authorities of the municipality may provide general or specific rules implementing but not inconsistent with the provisions of this Section, including rules relative to the time and manner in which hearing officers are designated to conduct public hearings and rules governing the manner in which such hearings are conducted and matters heard therein passed upon and determined. (E) Hearing officers shall be appointed on the basis of training and experience which qualifies them to conduct hearings, make recommendations or findings of fact and conclusions on the matters heard and otherwise exercise and perform the powers, duties and functions delegated in accordance with this Section. Hearing officers shall receive such compensation as the corporate authorities of the municipality shall provide, and any municipality may establish a schedule of fees to defray the costs of providing a hearing officer. (F) This Section is intended to furnish an alternative or supplemental procedure which a municipality in its discretion may provide for hearing, determining, reviewing and deciding matters which arise under any ordinance adopted by the municipality pursuant to this Division 13, but nothing in this Section shall be deemed to limit or prevent the use of any existing procedure available to a municipality under this Division 13 for hearing, approving or denying applications for a special use, variation, amendment or other change or modification of any such ordinance, or for hearing and deciding appeals from and reviewing any order, requirement, decision or determination made by an administrative official charged with the enforcement of any such ordinance. (Source: P.A. 84-960. ) (65 ILCS 5/11-13 15) (from Ch. 24, par. 11-13-15) Sec. 11-13--15. In case any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted, or maintained, or any building or structure, including fixtures, or land, is used in violation of an ordinance or ordinances adopted under Division 13, 31 or 31.1 of the Illinois Municipal Code, or of any ordinance or other regulation made under the authority conferred thereby, the proper local authorities of the municipality, or any owner or tenant of real property, within 1200 feet in any direction of the property on which the building or structure in question is located who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding (1) to prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use, (2) to prevent the occupancy of the building, http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DoeName=006500050HArt°/a2E+11+Div%2... 9/16/2010 65 ILLS 51 Illinois Municipal Code. Page 15 of 17 structure, or land, (3) to prevent any illegal act, conduct, business, or use in or about the premises, or (4) to restrain, correct, or abate the violation. When any such action is instituted by an owner or tenant, notice of such action shall be served upon the municipality at the time suit is begun, by serving a copy of the complaint on the chief executive officer of the municipality, no such action may be maintained until such notice has been given. In any action or proceeding for a purpose mentioned in this section, the court with jurisdiction of such action or proceeding has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes set forth above. If an owner or tenant files suit hereunder and the court finds that the defendant has engaged in any of the foregoing prohibited activities, then the court shall allow the plaintiff a reasonable sum of money for the services of the plaintiff's attorney. This allowance shall be apart of the costs of the litigation assessed against the defendant, and may be recovered as such. An owner or tenant need not prove any specific, special or unique damages to himself or his property or any adverse effect upon his property from the alleged violation in order to maintain a suit under the foregoing provisions. (Source: P.A. 80-419. ) (65 ILCS 5/11-13-16) (from Ch. 24, par. 11-13-16) Sec. 11-13-16. All zoning ordinances and regulations adopted prior to January 1, 1942, by any municipality pursuant to the provisions of "An Act to confer certain additional powers upon city councils in cities and presidents and boards of trustees in villages and incorporated towns concerning buildings and structures, the intensity of use of lot areas, the classification of trades, industries, buildings, and structures, with respect to location and regulation, the creation of districts of different classes, the establishment of regulations and restrictions applicable thereto, the establishment of boards of appeals and the review of the decisions of such boards by the court", approved June 28, 1921, as amended, and all committees, commissions, boards, and officers designated or appointed by any municipality pursuant to the provisions of that Act, or pursuant to the provisions of any ordinance or regulations adopted under that Act, shall be recognized, considered, and treated as having been properly adopted, designated, established, or appointed under this Division 13 . (Source: Laws 1961, p. 576. ) (65 ILLS 5/11-13-17) (from Ch. 24, par. 11-13-17) Sec. 11-13-17. In addition to all rights and powers conferred by this Division 13, the corporate authorities in each municipality may acquire by purchase, condemnation or otherwise any buildings or structures which do not conform to the standards fixed by the corporate authorities pursuant to Section 11-13-1, and all land which is necessary or appropriate for the rehabilitation or redevelopment of any http:fiwww.ilga.gov/legisl ation/ilcs/ilcs4.asp?DocName=00650005OHArt%2 E+1 l+D iv%2... 9/16/2010 65 ILCS 51 Illinois Municipal Code. Page 16 of 17 area blighted by substandard buildings or structures; may remove or demolish all substandard buildings and structures so acquired; may hold and use any remaining property for public purposes; and may sell, lease or exchange such property as is not required for public purposes, subject to the provisions of the existing zoning ordinance. (Source: Laws 1961, p. 576. ) (65 ILCS 5/11-13-18) (from Ch. 24, par. 11-13-18) Sec. 11-13--18. All testimony by witnesses in any hearing provided for in this Division 13 shall be given under oath. (Source: Laws 1961, p. 576. ) (65 ILCS 5/ 1 13 19) (from Ch. 24, par. 11-13-19) Sec. 11-13-19. Except as otherwise provided in this section, the corporate authorities shall cause to be published no later than March 31 of each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of such municipality for the preceding calendar year. The first map published in 1960 shall reflect all zoning uses, divisions, restrictions, regulations and classifications in effect on and prior to December 31, 1959. If in any calendar year after the first map is published there are no changes in zoning uses, divisions, restrictions, regulations and classifications in such municipality, no map shall be published for such calendar year. The map published by the corporate authorities shall be the official zoning map. The corporate authorities may establish a fee to be charged any person desiring a copy of such map. Such fee shall be paid to the appropriate zoning officer and shall be applied to defray the cost of publication of the official map. (Source: Laws 1963, p. 3136. ) (65 ILCS 5/11-13-20) (from Ch. 24, par. 11-13-20) Sec. 11-13-20. In any hearing before a zoning commission, board of appeals, or commission or committee designated pursuant to Section 11-13-14, any school district within which the property in issue, or any part thereof, is located shall have the right to appear and present evidence. (Source: Laws 1963, p. 2259. ) (65 ILCS 5/11-13-25) Sec. 11-13-25. Actions subject to de novo review; due process. (a) Any decision by the corporate authorities of any municipality, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes_ Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review http://www.ilga.gov/legi slation/il cs/iles4.asp?DoeName=006500050HArt%2 E+1 I+Div%2... 9/16/2010 65 ILLS 5/ Illinois Municipal Code. Page 17 of 17 of all zoning decisions. (Source: P.A. 94-1027, eff. 7--14-06; 95-843, eff. 1-1-09. ) (65 ILCS 5/11--13-26) Sec. 11-13-26. Wind farms. (a) A municipality may regulate wind farms and electric-generating wind devices within its zoning jurisdiction and within the 1.5 mile radius surrounding its zoning jurisdiction. There shall be at least one public hearing not more than 30 days prior to a siting decision by the corporate authorities of a municipality. Notice of the hearing shall be published in a newspaper of general circulation in the municipality. A municipality may allow test wind towers to be sited without formal approval by the corporate authorities of the municipality. Test wind towers must be dismantled within 3 years of installation. For the purposes of this Section, "test wind towers" are wind towers that are designed solely to collect wind generation data. (b) A municipality may not require a wind tower or other renewable energy system that is used exclusively by an end user to be setback more than 1.1 times the height of the renewable energy system from the end user's property line_ A setback requirement imposed by a municipality on a renewable energy system may not be more restrictive than as provided under this subsection. This subsection is a limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 95-203, eff. B-16-07; 96-306, eff. 1-1-10. ) http,//www.ilga.gov/legislation/iles/ilcs4.asp?DocNanie=00650005OHArt%2E+11+Div%2... 9/16/2010 lot,existing lot impyovement A lot which fronts upon two streets, or a public street is the front of the lot. For intersecting street to the end of a dead- which fronts upon two streets which do corner lots, the shortest side fronting end street.(North Liberty,Iowa) not intersect at the boundaries of the lot, upon a street shall be considered the front With regards to a lot, that side of a lot (Loveland,Colo.) of the lot. Where buildings exist on the lot,the frontage maybe established by the abutting on a street;typically,the front lot An interior lot having frontage on two orientation of the buildings,established of the grin- line.(Lake Elsinore,Calif.) parallel or approximately parallel streets. For the purposes of this definition,a lot cipal entrance, if building orientation That portion of a development site that which has been denied access to one of does not clearly indicate lot frontage. abuts a public or private Street. For the the parallel or approximately parallel Where no other method determines con- purposes of determining yard require- elusively the front of a lot, the adminis- menns on corner lots,all sides of a lot ad- geetsshat!not e lot.(Newark,,Calif.)deemed a double front- trator shall select one frontage on the ba- jacent to a street shall be considered front- ag sis of traffic flow on adjacent streets,so age, and yards shall be provided as ■ lot,existing A lot or parcel zoned that the lot is considered to front on the indicated under[local law].(Sandy,Ore.) or legally used for single-family resi- street with the greatest traffic flow. ■ lot, hamlet A small residential lot dential, multifamily residential, com- (Blacksburg,Va.) located in a contiguous group,with adja- mercial, or public facility use and le- ■ lot frontage That part of a lot(a lot cent and fronting lots oriented toward gally created and existing on the line)abutting on a street or way;except each other in some ordered geometric effective date of this code, including that the ends of incomplete streets, or way—as on a street,a green,or a paved developed and nondeveloped lots or streets without a turning circle,shall not square—and forming distinct boundary parcels.(Sedona,Ariz.) be considered frontage.(Quincy,Mass.) with the surrounding countryside.Such ■ lot,exterior A comer lot.(Santa Rosa, The horizontal distance between the side lots are subject to certain lesser minimum Calif.) lot standards than otherwise provided in lot lines measured at the point where the a lot, flag A lot not fronting or abut- side lot lines intersect the street right-of- the [district] regulations.No fewer than ling a public roadway and where access way.All sides of a lot that abuts a street five and no more than 25 hamlet lots may to the public roadway is limited to a nor- shall be considered frontage.Cjn curvilin- be grouped together as a rural hamlet. Hamlet lots may consist of two catego- row private right-of-way.(Schaumburg,111.) ear streets, the arc between the side lot lines shall be considered the lot frontage. ries of land—one designated for develop- A large lot not meeting minimum lot (Blacksburg,Va.) ment, called the building area, and an- frontage requirements and where access other that is permanent open space. to a public or private street is provided The uninterrupted linear or curvilinear (Loudon County,Va.) by means of a long,narrow driveway be- extent of a lot measured along the street ■ lot,homestead A lot of from two to tween abutting lots.(Clarkdale,Ariz.) right-of-way from the intersection of one five acres,depending upon the conditions side lot line to the intersection of the other A lot so shaped and designed that the � of soil,topography,or other circumstances side lot line. The measurement of lot main building site area is set back from frontage shall not include irregularities in which govern parcel size on which the ex- the street on which it fronts and includes isting dwelling shall have been the princi- he street line and,in the case of a comer t an access strip connecting the main build- lot,shall extend to the point of intersec- Pal farm dwelling for at least ten years prior ing site with the frontage street. (North to August 14,1980.The hearings officer may lion of the side line of the rights-of-way. Liberty,Iowa) approve a homestead lot division as a non- If a lot has frontage on more than one A lot that has access to a public right-of- street,frontage an one street only maybe farm use,provided that all of the approval way by means of a narrow strip of land. used to satisfy the minimum lot frontage. criteria of this [ordinance] are met. (Sandy,Ore.) (Maynard,Mass.) (Multnomah County,Ore.) Alot having only its access strip fronting The distance for which the front bound- ■ lot improvement Abuilding,struc- ture,place,work of art, or other object, on a private or public street.(Santa Rosa, � ary line of the lot and the street line are or improvment of the!and on which they Calif.) coincident.(Rock Hall,Md.) are situated constituting a physical bet- A lot not fronting on or abutting a public All the property on one side of a street, terment of real property,or any part of road and where access to the public road between two intersecting streets,crossing such betterment.(Buffalo,Minn.) is by a narrow,private right-of-way.(Bon- or terminating,measured along the line Any building, structure, place, work of durant,Iowa) of the street,or if the street is dead-ended, art,or other object,or improvement of the then all of the property abutting one side A lot or ppace!which includes a private land on which they are situated consti- between an intersecting street and the driveway as part thereof. (Multnomah luting a physical betterment of real prop- dead end of the street.(Wood Ridge,Ill.) County,Ore-) erty,or any part of such betterment.Cer- ■ lot front The side of a lot that abuts The distance along a street line from one tain lot improvements shall be properly intersecting street to another,or from one bonded as provided in these regulations. 256 lot,abutting lot consolidation The number obtained by dividing the lot area by the number of dwelling units on or proposed for the property.(Jordan,Minn.) CA2uEtZ I IFJTtJZIOfZ �` ccnzZ t_Z_ ■ lot averaging A means of develop- LOT I LOT ! j LOT ing single-family detached dwellings on 1 lots, some of which may be larger and __,.�..�.•— �""'J" some of which maybe smaller than is oth- erwise required by the base zoning,but IWTERMOR I+ FLAG k TWOUQH 5,MERIOR not incorporating areas of common open LOT 1 LOT ; LOT LOT space within the development. (Willis- town Township,Pa.) t The design of individual adjoining lots ` within a residential subdivision in which CO21JEiZ I IAR�.RlOfz I i C LQ�� LOT + LOT i the average lot equals the minimum pre- ' scribed area for the jzoning district].To maintain an average, some lots may be reduced to a maximum of 10 percent be- low the minimum lot size,while a corre- lot sponding number of lots shall each main- tain a lot area of at least 10 percent above to be used in connection with such build- of a street upon which the lot abuts,even the minimum lot size.Allowable density ings.(Golden,Colo.) if fee to such street is held by the owner shall be within the prescribed maximums. of the lot.For purposes of satisfying the (San Bernadino,Calif.) lot,abutting Two or more lots joined dimensional requirements of this bylaw by a common boundary line or point.For for the minimum area of a buildable lot, ■ lot boundary, exterior The perim- the purposes of this definition,no bound eter of any lot or parcels of land or group no lot shall include more than 20 percent ary line shall be deemed interrupted by a of its required minimum lot area as land of lots or parcels to be developed as an road,street,alley,or public way,it being underwater,[in the]minimum area lad integrated project.(Lake Elsinore,Calif.) the intent of this definition to treat prop- erty lying on the opposite sides of a road, wetlands or any land which constitutes a a lot,buildable(See also buildable area) protected resource area as defined un- A lot, as defined in this bylaw, which street, alley, or public way having a der the [state law] (excepting the 100 meets all the minimum requirements set common boundary line or pooif nt.(Sandy, foot buffer zone), or any combination forth in this bylaw necessary for the au- pre.} thereof in the aggregate.Where a ques- thorized construction of at least one main Parcels which are directly touching and tion exists as to the extent of such pro- building/structure.(Maynard,Mass.) have common parcel boundaries.(Parcels tected resource area(s) on a lot, the ■ lot-by-lot development The con- across a public right-of-way shall not be building commissioner or the planning considered abutting.)(Concord,N.C.) board may require the applicant to have which approach to development in the limits of the resource area(s)flagged which each lot is treated as a separate Adjacent means the same as abutting. in the field t a consultant knowledge- development unit conforming to all land- (Sandy,Ore.) able in such matters,and then to make use,density,and bulk requirements.Usu- ally,it is contrasted with cluster develop - A lot abutting upon two or more streets a formal request for determination of which do not intersect. (Temple Terrace, applicability to the conservation com- ment or planned unit development.. Fla.) mission to certify the boundaries of the Lot-by-lot development, especially for resource areas prior to the issuance of larger tracts,has tended to become dis- ■ lot area The computed area con- credited for straitjacketing design by pro- any permits or approvals. (Maynard, tained with the lot lines.(Santa Rosa,Ca- Mass) ducing"little boxes all in a row."(Ameri- lif.;Wood River,Ill.) can Planning Association) The horizontal area within the exterior The total horizontal area within the lot lines of the lot,exclusive of any area in a ■ lot cluster Any single lot ora group lines of a lot,but not including the pri- public or private way open to public uses. of adjacent lots having a single uninter- vate driveway area of a flag lot. (Mult rupted perimeter boundary enclosing all nomah County,Ore.) (Quincy,Mass.) of the lots.(San Juan Capistrano,Calif.) ■ lot area per dwelling The number The area within a lot,including land over of square feet of lot area required per II lot consolidation The removal of lot which easements have been granted,but lines between contiguous parcels.(Clarkdale, dwelling unit. (Hopkins, Minn.; Mora, not including any land within the limits Minn.) Ariz.) 254 td cr R. rr n r n y n ro s v � _ •r. � v 7r I I 9 n y 1 'fl !�i 111 a• ^ a n C06. tlf A b p v II a A n n 4 w n a A V cr Cl1 � pr A N n � h n 7 n 02. 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Village of Lincolnshire Title 6-3 Page 8 Revised 8/11/08