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Plan Commission Packet 2009 01-14-09 o cir 0 United City of Yorkville J T 800 Game Farm Road EST. 1 �� 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553 -7575 <LE Eby PLAN COMMISSION AGENDA Wednesday, January 14, 2009 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: December 10, 2008 --------------------------------------------------------------------------------------------------------------------- Public Hearing: 1 . PC 2009-01 The United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to add Chapter 16 to the Municipal Zoning Code regarding Wind Energy Systems. - Action Items i. Add Chapter 16 to the Municipal Zoning Code Old Business: 1 . PC 2008-28 Daniel A. Laniosz, petitioner, has filed an application with the United City of Yorkville, requesting an amendment to an annexation agreement. The real property consists of 3 . 127 acres, located at 803 W. Stagecoach Trail, Yorkville, Illinois, 60560. - Action Items i. Site Plan Amendment — Annexation Agreement 1 . PC 2008-25 United City of Yorkville, Kendall County, Illinois, is considering amending Section 10- 11 -3A of the Yorkville Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. Action Items i. Amend Zoning Ordinance Section 10- 11 -3A Adjournment Page 1 of 4 RAF UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, December 10, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll Call: Jeff Baker Clarence Holdiman Michael Crouch Charles Kraupner Sandra Adams Brian Schillinger Anne Lucietto Absent: Tom Lindblom, Jack Jones A quorum was established Other City Staff: Travis Miller, Community Development Director Stephanie Boettcher Guests: Daniel Laniosz, Thistle Stop Lisa Welz, Kendall County Record Bill Garrett Dan Nicholson Minutes: The minutes of November 12, 2008 were approved as read on a motion by Crouch and second by Holdiman. Approved unanimously on a voice vote. New Business: Requested by Petitioner 1. PC 2008-28 Daniel A. Laniosz, petitioner, filed an application requesting an amendment to an annexation agreement. The property consists of 3.127 acres, located at 803 W. Stagecoach Trail, Yorkville. It was noted that the address in the petition is the business address for Mr. Laniosz. He said an amendment might not be needed because paragraph #10 of his Annexation Agreement allows for minor modifications. He stated that he wants a hoop greenhouse on the property. He had previously obtained a building permit for this structure and later reapplied for another permit because the structure is temporary. He was denied the permit. He said it is not a permanent structure because there are no utilities inside and the structure is covered by fabric. Travis Miller presented his staff report and said the property had been annexed in 2006 and included 2 parcels annexed at the same time. The 2 parcels are: Page 2 of 4 1 . One is where business is located and was accompanied by site plan that was approved 2. The other 1 .26 acre parcel owned by the petitioner is directly east of the first parcel and is zoned B-3 . The seasonal permit was issued on this property, but has since expired. The petitioner was notified in October that the structure was in violation because the frame is still standing and Mr. Miller recommended to the petitioner that an amendment be requested. Miller's opinion is that the structure is not a minor structure, but instead a major change. He said the use of the 1 .24 acres is beyond the approved original site plan and is not the original parcel identified on the site plan. Discussion Baker said he did not have any objection to this structure because it fits the zoning and the structure is temporary. He questioned why this matter was brought forward. Laniosz said the structure has been up for 1 .5 years and a new permit was denied. The greenhouse framework was not taken down but the fabric was removed which he thought would be satisfactory. Miller said the permit is for 180 days only. Crouch asked if there was a problem with leaving the framework up year round and Miller replied it is a problem because it would then be a permanent structure. Laniosz said the piping sits on top of the ground and is not permanently anchored It was also noted that there was a complaint from a neighbor, Bill Barrett. Mr. Barrett said he had come before the Plan Commission 3 years earlier regarding the petitioner' s property. Mr. Barrett lives next to the business and said the original agreement was that Mr. Laniosz would not develop the 1 .24 acres next to Barrett' s property and would buffer it. Barrett said he has no objections to the greenhouse, however, he objects to the development of the back half of the property because there is no buffering or screening. Miller said the original annexation agreement does not require buffering, but the petitioner has now constructed a 3-foot berm. However, it was noted that the berm was constructed on the date of this meeting. There are also evergreen trees nearby for screening. Miller said he had reviewed the current landscape ordinance and he said the improvements on the property exceed the ordinance in terms of materials. He detailed the improvements made for the buffer between the business and residential use. Barrett suggested staggered trees as a buffer. He said originally there were about 15 trees that were about 30 years old that provided a buffer, but they were removed. Mr. Laniosz said he would be OK with trees and asked Mr. Barrett for direction in placement. Mr. Barrett said he had been told in the previous meeting that screening would be provided and it was only done the day before this meeting. Chairman Lucietto said the City would work with Mr. Laniosz to make a plan for the trees to provide screening. Travis added that a hand-drawn sketch would be acceptable for a permit and he will assist with the screening plan. Mr. Barrett said he agreed with Page 3 of 4 this. He added that in the future he might want screening in the back of his property in the event he builds an additional home there. Another issue is that Barrett's driveway runs through an easement on Laniosz' property. The Subdivision Control ordinance states that lots can be created as long as they have access to a public way according to Miller. Future plans for public roadways include a proposed extension of Beecher Road through Barrett's property. Baker suggested the issue of temporary greenhouses should be looked at in the future. Chairman Lucietto stated the recommendation is to follow up with staff per Travis' memo dated December 21 . Travis then discussed possible future alignments under the Comp Plan showing the surrounding land use. He discussed the proposed Beecher extension and a trail alignment. Regarding the trail, staff recommends requiring the petitioner to contribute a 20-foot wide easement to allow for trail construction. Mr. Laniosz objected to this requirement and stated he did not want the amendment and withdrew his request. After a brief consultation with Travis, the matter was tabled until the petitioner is ready to come back. Travis will notify Mr. Barrett that the matter was tabled. Old Business: 1. PC 2008-25 City of Yorkville is considering amending Section 10-11-3A of the Zoning Ordinance to incorporate time limitations for parking certain types of vehicles within the business and manufacturing districts. Travis recapped the actions so far and said that after the Public Hearing last month, it was decided the amendment was too open-ended and he was asked to obtain more information. Discussion Property owner Dan Nicholson said that over time, ordinances such as this become abused and overused. He asked how a commercial vehicle that was used seasonally would be viewed under the new ordinance. If it is your own vehicle, it should be exempt he said. He felt that property owners should decide what is parked on their commercial property. A suggestion was made by Nicholson that businesses should be consulted prior to any action. Schillinger noted that Walmart has a policy that allows 24-hour parking in their lots. On a personal level, he said he was told his boat was in violation in his own driveway even though it has license plates. Sandra Adams shared a situation that occurred on her street regarding parking of commercial vehicle for long periods of time. She felt that long-term parking decreased her property value. Junk cars with no plates were also parked in her area. It was Crouch' s opinion that he could not support this ordinance. After discussion, Chairman Lucietto polled the commissioners regarding the amendment. It was decided they did not want to take action at this time. They will review it further Page 4 of 4 and make recommendations in January. If there is no progress, the Commissioners may elect to drop the matter. Travis said there are currently less than 6 such cases in the City. He added that the Mayor has given staff direction to do research on this topic. Additional Business: The January meeting will be held the 2nd Wednesday of the month at the Library. The Kendall Planning Consortium was recently held with many people in attendance. Information is posted on the website. The next meeting will be January 22 at 7pm and 2009 topics will be decided. The zoning ordinance review has begun and will continue. In reference to the discussion about 24-hour parking, Dan Nicholson, said drivers could park their vehicles on the median between the rail spur line and his property. There was no further business and the meeting was adjourned on a motion and second by Crouch and Baker respectively. Meeting adjourned at 8 :25pm. Minutes respectfully submitted by Marlys Young, Minute Taker Memorandum J � To: Plan Commission es . _ is3s From: Bart Olson; Stephanie Boettcher; Travis Miller 0¢ ' \ p Date: January 6, 2009 V Subject: PC 2009-01 Wind Energy Ordinance/Information (kE Background and recommendation In August 2007, the Illinois Legislature passed Illinois Public Act 095-0481 , the Illinois Power Agency Act, which required all of the State' s energy usage to be created from renewable sources by 2025 . Of that 25% of total power, 75% must come from wind energy. This fact, coupled with further discussion that wind subsidies from the federal government could increase in the near future means that interest in wind energy systems will grow. In order to properly plan for wind energy systems, the City needs to address how wind systems are constructed and operated. When wind energy systems are discussed, typically they are categorized in two ways. The first way is large scale wind energy operations. These are characterized by multiple, large turbines built for the purpose of generating power to be supplied to the market via the electrical grid. The second way is small scale wind energy operations. These are characterized by single, small turbines built for the purpose of off-setting one building' s (or property' s) energy costs. Much of the current news recently has been on small wind energy systems. The Villages of Skokie and Oswego, Illinois have recently passed ordinances on small scale wind energy systems. These ordinances control how a small scale wind energy system is controlled by the municipality through zoning, land-use, and permitting processes. In both of these ordinances, turbines are a permitted accessory structure in certain zoning classes and require a permit to be constructed. Additionally, they have restrictions on where the turbines can be located within each property. The ordinance that is attached to this memo takes language from both the Skokie and Oswego ordinances. Large wind energy systems have been in the news for different reasons. Rather than creating an ordinance to control the different standards and processes for permitting a wind farm, most counties or municipalities have chosen to classify wind farms as a special use. The governing body can then approve the special use permit with contingencies. Since wind farm concerns could include noise and sight complaints from surrounding property owners, it is best to allow public input on the proposal through the special use process (which includes a public hearing). The ordinance that is attached to this memo classifies large wind energy systems (wind farms) as a special use. Large scale wind operations What can a municipality due to encourage large scale wind farms? From a planning and land-use standpoint, making them permitted uses in the appropriate zoning districts would encourage these facilities by streamlining the approval/permitting process. However, recognizing the importance of public input as stated above, the attached draft proposes an application for a large or small scale wind operation, to be reviewed and approved through the special use process. The special use process involves an application process including internal Plan Council review, at least one 1 public hearing at the Plan Commission level, and City Council approval. In the current zoning ordinance, any type of application of wind energy is not addressed, which calls attention to the need to place regulations in the zoning ordinance for them. Making wind operations a permitted use in certain zoning classifications makes the process easier, shorter, and less costly to the petitioner. This would call for amending the zoning code which requires a public hearing at a Plan Commission meeting, which could be conducted in January for January/February consideration at a City Council meeting. We can publicize our desire to have wind turbines within City limits. Cascade County, Montana developed a wind power marketing program. This marketing program involved providing maps to developers which included wind data, topography, transmission lines, property ownership, etc. By providing this information it not only highlights the county as a great place for wind energy development, but also assists the developer in identifying the most ideal locations. Their marketing has brouOt in a utility grade wind farm which is the county' s 24th largest tax payer and employs over 125 people . We can also talk to property owners that have large tracts of land to see if their future plans for the property are compatible with wind farms. For example, if a farmer wants to keep farming on his property, wind farms would be a compatible future use. Wind farms would also encourage a very rural land-use pattern, which has been a goal of the City Council and the comprehensive plan. How does a municipality et involved? Most, if not all, large scale wind farms are privately owned and operated. Typically, the wind farm operator rents the land for the turbines from the property owners. The rental/lease agreement is privately negotiated and contains private benefit only. The municipality gets involved through the zoning and permitting process. It is unclear how the additional power generation would affect the residents or the municipality. It appears the residents would benefit through additional capacity in the electrical system, but it does not appear that the residents electric bill would decrease. Municipalities also can own wind turbines and operate them and participate in their development. An example of this is the City of Geneseo. The City of Geneseo received an Illinois Clean Energy Grant to build one wind turbine. The City will operate and own the turbine as part of their municipal electric utility. Per the Clean Energy Grant, the wind turbine will generate power for a local use, serving the needs of a community institution. Municipalities can also purchase renewable energy credits through their electricity bills (i.e. Greenest Region Compact). What are the best locations to site wind turbines in the City and the Planning Area? Are there siting problems? The best locations for large utility scale wind farms are probably within agricultural or certain manufacturing land-use areas. Siting in a high wind area, near the existing electrical grid nodes are preferable. A USA Today article on November 3`d highlights some of the issues with siting wind farms, specifically how close a wind turbine should be to an occupied residence. It references two different municipalities' recommendations of setbacks from residential land uses; one at 1 ,500 feet, one at one mile. The reasons the setbacks are recommended to be so large are for safety concerns and for potential quality of life concerns, namely potential noise from the turbine. littl3://www.windpoweringamerica.aov/filter detail asp?itemid= 1204 2 Siting problems can occur during the public involvement process within the siting decision. If a public hearing is necessary, moderate to significant public opposition is a reasonable expectation — especially from those who live within eyesight of the turbines. Complaints range from aesthetics, to noise, to endangering birds and their migratory patterns, to NIMBY, to "Wind Turbine Syndrome". What are the economic benefits of wind farms to a municipality? The most obvious is the creation of jobs for the construction and management of the wind farms. Most jobs associated the construction of the turbines would not have a local effect. It is not likely the wind farm developers are going to hire local construction crews to do the work on the turbines. They may, however, hire local companies to do some of the general construction work (padwork, blacktop, etc.) McLean County Illinois' s 240 turbine development estimated that 300 jobs would be created during construction and 40 full-time jobs created for the ongoing management of the facility. The City should ask for verification on the jobs and types of jobs. The other economic benefit is permit fees. McLean County in Illinois had approximately $700,000 worth of fees which were assessed on the total acreage of the wind farm, not just on the acreage used by the tower. McLean County didn't change their fees structure prior to the wind farm coming in, but it is common for a municipality/county to increase their fees prior to a wind farm being proposed to accurately reflect the cost of the review and siting process. If the property has to be annexed, the City could negotiate for certain concessions — although it is unclear what the total economic impact of the development would be, and therefore unclear what the developer would be willing to concede. There could be a chance where the concessions by the developer would be minimal. What are some of the issues with large scale wind farms? Some issues are listed in the section above on siting decisions. Safety concerns are also an issue. Typically, setbacks of 110% of the height of the turbine from any structure (utility pole, building) are required, in case the structure falls over. Adjacent property owners may argue that depreciation in surrounding property values will occur, although staff has not seen any evidence to support this argument.. Construction of large scale wind farms will have an affect on the local transportation system. Traffic routes would have to take into account the large size and weight of the components. The City would have to look at the impact of the large components of the turbines on the local and regional road system. Small-scale wind operations What can a municipality due to encourage large scale wind farms? In the same manner as large scale wind farms - permitting use within certain zoning districts and subdivision codes, and publicizing the benefits of constructing small scale wind systems. Oswego allows turbines only on certain sized lots. 3 How does a municipality get involved? Wind turbines require permission from the electric company to be connected to the electrical grid. The municipality can assist by aiding the residents through this process by providing the appropriate contact information and any forms required to be completed by the resident. Compatibility between City authorized turbines and homeowner' s association (HOA) rules may need to be communicated to the residents. For example, what does the City do if an HOA says that residents may not have turbines, even though the City allows it? Do we let them work it out the issue themselves, or do we want to encourage the HOAs to let people do it? What are the best locations to site wind turbines in the Citv and the Planning Area? Are there siting problems? For small scale wind turbines, any land-use may be appropriate. We will need to establish standards for setbacks, size, construction, etc. Recommended standards and setbacks are included within the draft ordinance. What are the economic benefits of wind farms to a municipality? Wind turbine producers would see increased business. There are local companies that sell wind turbines. Theoretically, you could create green collar jobs through increased business. A liberal promotion of small scale wind turbines could create marketing opportunities for the municipality. Also, people may value living in a "green" community. What are some of the issues with small scale wind systems? As with any property use decision, issues may arise from siting and permitting the turbines in existing developed areas. Any change in an existing neighborhood can cause issues between adjacent property owners. It is anticipated that surrounding property owners will cite aesthetics and operating concerns of the turbines. 4 CHAPTER SECTION : _-_- 1 Principles _-_-2 General Purpose _-_-3 Scope _-_-4 Definitions _-_-5 General Provisions _-6 Large Wind Energy Systems _-7 Small Wind Energy Systems _-_-8 Rooftop Wind Energy Systems 1 PRINCIPLES. The provisions of this Article recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. -2 GENERAL PURPOSE. The regulation of wind energy systems by this Article is intended to promote and protect the public health, safety and welfare by: A. Encouraging the development of renewable energy sources which are consistent with current property development standards of the City. B. Enhancing the environmental quality of the United City of Yorkville. C. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this Article: 1 . Establishes minimum standards for wind energy systems in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this title. 1 2. Regulates the size, location, installation and other pertinent features of wind energy systems. 3. Provides for effective administration and enforcement of these regulations. -3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems within the United City of Yorkville. The regulations of this section relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all City codes. 4 DEFINITIONS . A. Anemometer. Component of a wind energy system which measures the wind speed and transmits wind speed data to the controller, see Figure 1 . B . Blades. Component of a wind energy system, see Figure 1 . Most turbines have either two or three blades. Wind blowing over the blades causes the blades to "lift" and rotate. C. Brake. Component of a wind energy system, which can be applied mechanically, electrically, or hydraulically to stop the rotor in emergencies, see Figure 1 . D. Controller. Component of a wind energy system, which starts up the machine at wind speeds of about 8 to 16 miles per hour (mph) and shuts off the machine at about 55 mph, see Figure 1 . Turbines do not operate at wind speeds above about 55 mph because they might be damaged by the high winds. E. Gear box. Component of a wind energy system which connects the low-speed shaft to the high-speed shaft and increase the rotational speeds from about 30 to 60 rotations per minute (rpm) to about 1000 to 1800 rpm, the rotational speed required by most generators to produce electricity, see Figure 1 . F. Generator. Component of a wind energy system which produces 60-cycle AC electricity, see Figure 1 . G. Height of Wind Energy System. The total vertical distance from the ground surface at the base of the system to the tip of the wind generator blade when the tip is at the highest point. 2 f .411. 1. '1s T � f c . Figure 1. Diagram ofa wind energy system. Courtesy of the United States Department of Energy H. High-speed shaft: Component of a wind energy system which drives the generator, see Figure 1 . 1. Large Wind Energy Systems. A wind energy conversion system consisting of multiple turbines, or towers, and associated control or conversion electronics, which is intended to produce power for sale to utilities and resale to retail customers. J. Low-speed shaft. Component of a wind energy system which is turned by the rotor at about 30 to 60 rotations per minute, see Figure 1 . K. Nacelle. Component of a wind energy system that sits atop the tower and contains the gear box, low- and high-speed shafts, generator, controller, and brake, see Figure 1 . L. Nameplate Capacity. The maximum rated electrical output of a generator under specific conditions designated by the manufacturer. Generator nameplate 3 capacity is usually indicated in units of kilovolt-amperes (kVA) and in kilowatts (kW) on a nameplate physically attached to the generator. "Rated capacity" is often used synonymously with "nameplate capacity." M. Pitch. Blades are turned, or pitched, out of the wind to control the rotor speed and keep the rotor from turning in winds that are too high or too low to produce electricity, see Figure 1 . N. Rooftop Wind Energy Systems. A wind energy system installed on the roof of a building, which can directly power a building without feeding into the electrical grid, given proper wind conditions. Typically has a rated capacity of not more than 10 hundred ( 10) kW, and which is intended to primarily reduce on-site consumption of utility power. O. Rotor. The blades and the hub together are called the rotor, see Figure 1 . P. Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than one hundred ( 100) kW, and which is intended to primarily reduce on-site consumption of utility power. Q. Tower: Component of a wind energy system, see Figure 1 . Towers are made from tubular steel, concrete, or steel lattice. R. Wind direction: There are two types of wind direction. An "upwind" turbine operates facing into the wind, while "downwind" turbines face away from the wind. S. Wind Energy System. Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy, commonly referred to as a wind turbine. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. T. Wind vane: Component of a wind energy system which measures wind direction and communicates with the yaw drive to orient the turbine properly with respect to the wind, see Figure 1 . U. Yaw drive: Component of an "upwind" energy system which is used to keep the rotor facing into the wind as the wind direction changes, see Figure 1 . V. Yaw motor: Component of an "upwind" energy system which powers the yaw drive, see Figure 1 . -5 GENERAL PROVISIONS. 4 A. Permitting. The installation of any wind energy system requires a building permit from the United City of Yorkville. B. Compliance. Wind energy systems shall meet or exceed current standards of the International Building Code, National Electrical Code, Federal Aviation Administration (FAA) requirements, any other agency of the state of federal government with the authority to regulate wind energy systems, and all City codes. If such standards and regulations are changed, then the owner/operator of said wind energy system governed by this chapter shall bring the wind energy system into compliance with such standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring a wind energy system into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the Owner' s expense. C. Building Code/Safety Standards. Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for wind energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concluded that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the wind energy system, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the wind energy system into compliance within the thirty (30) day period shall constitute grounds for the removal of the wind energy system at the owner's expense. D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels measured at all site property lines. This level can be exceeded during short-term events such as utility outages or severe windstorms. E. Signage. Appropriate signage shall be placed on wind turbine towers, all electrical equipment, and fencing. Appropriate signage shall include warning signage, equipment information, and indicia of ownership. Prohibited signage includes advertising and decorative signage. F. Lighting. Wind energy systems are prohibited from installing structure lighting unless required by the FAA or appropriate authority G. Fencing. Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. G. Design. 5 I . An automatic braking, governing, or a feathering system to prevent uncontrolled rotation or overspeeding is required. Wind energy systems shall have lighting protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six (6) feet above the guy wire anchors. 2. A bird-friendly design is required in order to reduce the number of resting places near a turbine's rotor. 3. All on-site electrical transmission lines connecting a wind energy system to a building or the public utility electrical distribution system shall be located underground, with exception of rooftop wind energy systems. 4. Wind energy systems shall be painted a non-reflective, non-obtrusive color or a color that conforms to the environment and architecture of its surroundings. 5. Wind energy systems shall be unclimable by design or protected by anti- climbing devices. H. Preservation of Landscape. Existing mature tree growth, natural land forms, and viewshed corridors of the Fox River, on the wind energy system site shall be preserved to the maximum extent possible. I. Lot Size. For purposes of determining whether the installation of a wind energy system complies with the United City of Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the lot shall control, even though the wind energy system may be located on leased land within such lot. J. Notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer' s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. K. Abandoned Systems. All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after 12 months of the cessation of operations unless an extension is approved. If an extension is not approved by the United City of Yorkville, the City may act to abate such nuisance and require its removal at the property owner' s expense. After the wind energy system is removed, the owner of the property shall restore the site to its original, or to an approved improved condition. 6 6 LARGE WIND ENERGY SYSTEMS Figure 2. A Large Wind Energy System in AlIcLean County, IL. Courtesy of Horizon Wind Energy A. Special Use. Large wind energy systems shall be considered a special use in A- 1 Agricultural District as defined by Section 9 of this title. Such systems will also be subject to the special use provisions contained within 10- 14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. B. Approval. Large wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also, in granting a special use permit, the Plan Commission may recommend and the City Council may impose conditions to the extent the City Council concludes are necessary to minimize any adverse effect of the proposed wind energy system on adjoining properties. C. Factors Considered In Granting Special Use Permits. The United City of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors reference in section 10- 14-6 of this title. The United City of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1 . Height of the proposed wind energy system; 2. Proximity of the wind energy system to residential structures and residential district boundaries; 3 . Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 7 5 . Surrounding tree coverage and foliage; 6. Design of the wind energy system, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and 7. Proposed ingress and egress. D. Information Required. In addition to any information require for applications for special use permits, each petitioner requesting a special use permit under this chapter for a wind energy system shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, proposed means of access, parking, fencing (if applicable), adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. In addition, the following information shall be supplied: 1 . Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest occupied residential unit, platted residentially zoned properties, and unplatted residentially zoned property; 3 . The separation distance from other structures and or environmental features, such as commercially or industrially zoned properties, the Fox River or any watercourse, major highways, public utility poles, and antenna structures. 4. The method of fencing, if applicable, finish color and, if applicable, the method of camouflage and illumination. 5 . A description of compliance with subsection - - 513, C, D, G, and J of this chapter and all applicable federal, state, or local laws, including, The Bald and Golden Eagle Protection Act, 16 U.S .0 Section 668(A), the Migratory Bird Treaty Act, 16 U.S .0 Sections 704, 712, the Illinois Endangered Species Act (520 ILCS 10/1 — 11 ), and the Illinois Natural Areas Preservation Act (525 ILCS 30/1 -26). All studies, reports, recommendations completed as part of the aforementioned, or any other applicable laws and/or regulations shall also be submitted to the City for 8 review. The City shall not be bound by any recommendation, unless such recommendations are required by law to be implemented. E. Fees. 1 . Permitting Fees. i . Large wind energy systems will be subject to the fee schedule for special use applications as defined by section 10- 14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii . In addition, large wind energy systems will be subject to a one thousand and five hundred 00/100 dollars ($ 1 ,500) permit fee per proposed megawatt for each wind energy system. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i . The annual administration fee payable to the United City of Yorkville by any owner/operator of any large wind energy system, shall be the sum of dollars ($ ._), per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. That in the event each wind turbine of a large wind energy system is inspected and a certification is provided by the owner/operator of said wind turbine showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner/operator of a wind turbine fails to have the certification as is required annually with the United City of Yorkville under the terms of this subsection, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct said inspection which shall be a minimum of dollars ($_._) an any additional cost incurred therein. iii. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. F. Access. All sites in which large wind energy systems are located must have a passable roadway access. Design specifications of such roadway access will be subject to approval by the City Engineer. In addition, the petitioner must identify and assess the existing conditions, pre-construction, any public roads (state, county, city, and/or township) which will be also be used to access the site. The petitioner will be responsible for repairing any damage to public roads caused by 9 constructing, operating, and/or maintaining the wind energy system. In lieu of this responsibility, the petitioner can pay the road contribution fee to the City which will be assessed in the rate of two thousand and 00/100 dollars ($2,000) per acre, for the use of City roads, along with fees payable to the County and/or Township for the use of their roads. G. Ground Clearance. The tip of any blade shall, at its lowest point, have ground clearance of no less than twenty-five (25) feet or 1 /3 of the tower height, whichever is greater, above ground. H. Distance. 1 . The minimum distance between a wind energy system and an occupied residential building shall be 1 ,500 feet. 2. The minimum distance between a wind energy system and any lot line or public utility pole shall be a distance equivalent to 1 . 1 times the total height. -7 SMALL WIND ENERGY SYSTEMS Figure 3. Example of a Small Wind Energy System in Oak- Hills, CA. Courtesy of Bergey Windpower A. Special Use. Small wind energy systems shall be considered a special use in A- 1 Agricultural District, E- 1 Estate District, B-4 Business District, M- 1 Limited Manufacturing District, M-2 General Manufacturing District, and PUD Planned Unit Development District as defined by the title. Such systems will be subject to the special use provisions contained within 10- 14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. B. Approval. All small wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also, in granting a special use permit the Plan Commission may recommend conditions to 10 the City Council, and the City Council may impose such conditions are necessary to minimize any adverse effect of the proposed small wind energy system on adjoining properties. C. Fees. 1 . Permitting Fees. i . Small wind energy systems will be subject to the fee schedule for special use applications as defined by section 10- 14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any large wind energy system, shall be the sum of dollars per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. That in the event each wind turbine of a large wind energy system is inspected and a certification is provided by the owner/operator of said wind turbine showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner/operator of a wind turbine fails to have the certification as is required annually with the United City of Yorkville under the terms of this subsection, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct said inspection which shall be a minimum of dollars ($_._) an any additional cost incurred therein. iii. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. D. Access. All small wind energy systems shall be controlled in a manner consistent with the local building code. E. Ground Clearance. The tip of any blade shall, at its lowest point, have ground clearance of not less than 15 feet of 1 /3 of the tower height, whichever is greater, above ground at the base of the tower. F. Distance. 11 1 . The minimum distance between a small wind energy system from all property lines, above-ground utility lines, and roadways shall be a distance equivalent to 1 . 1 times the total height of the system. 2. Any application which is a part of a small wind energy system, including guy wires, shall be setback from all property lines no less than thirty (30) feet. G. Height. All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this title (Ord. No. 2006-67). H. Yard. Small wind energy systems shall not be permitted in any front yard area as defined by this title. -8 ROOFTOP WIND ENERGY SYSTEMS Figure 4. Rooftop Energy System. Courtesy of the United States Department of Energy. A. Permitted Use. Rooftop wind energy systems shall be considered an allowable accessory structure in all zoning districts except F- 1 Floodplain District. B. Approval. All rooftop wind energy systems shall be subject to administrative zoning approval. C. Fees. 1 . Permitting Fees. 12 D. Access. All rooftop wind energy systems shall be controlled in a manner consistent with local building code. A rooftop wind energy system may be mounted to the side of a structure. E. Height. The maximum height of a rooftop wind energy system is fifteen ( 15) feet above the highest point of the structure. F. Fencing. Rooftop systems will not be subject to fencing requirements provided in Section -5G. 1 . Amount. Only one ( 1 ) rooftop wind energy system is allowed per building. Any additional rooftop wind energy systems desired by the petitioner will be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. 13 `��p CITY z o Memorandum To: Plan Commission EST , ese From : Travis Miller CC: Annette Williams (for distribution) 09 �j Q x h Date: January 6, 2009 O SCE e,� \1�& Subject: PC 2008 — 28 Laniosz Commercial Property (Annexation Amendment) Backeround: The petitioner is requesting to amend the site plan (Exhibit C) of the Annexation Agreement approved January 10, 2006. The original agreement references a site plan which includes PINs 05-08- 126-002 and 05-05- 300-006. The requested amendment includes a site plan for PIN 05-05-300-013 which is the parcel/area directly east of the approved site plan. The proposed site plan amendment requests to expand the eastern boundary of the active retail site onto the adjacent property also owned by the petitioner and part of the subject property annexed in 2005 . The petitioner constructed the `temporary seasonal greenhouse' on PIN 05-05-300-013 after obtaining a temporary permit from the City issued March 7, 2006. This permit expired 180 days following the permit issuance. The petitioner was notified in October and November of 2008 with instructions to remove the structure. Also identified in November 2008, multiple wooden pallets and several items from the landscaping business inventory including several trees and shrubs stored on this parcel which are not consistent with the approved site plan for the property. The proposed site plan amendment would allow for these items to remain. Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Neighborhood Commercial and Parks/Open Space land use for the Laniosz property. The eastern parcel, and subject of the amendment request, is recommended for Parks/Open Space and includes an unnamed creek along the eastern boundary. The Transportation Plan recommends a conceptual alignment of Beecher Road to connect to Route 71 in the vicinity of this property. The 2008 Park and Recreation Master Plan recommends a trial alignment along the future Beecher Road alignment and parallel to the unnamed creek. Staff Comments and Recommendations: 1. Buffervard The expansion area slopes down significantly toward an unnamed creek along the eastern edge of the property. A designated buffer between the creek and the actively used areas would be appropriate to help keep sediment from reaching the creek. 1 There is a residential use to the east of the property. The Landscape Ordinance requires a minimum 30' bufferyard width to include 3 shade trees, 5 evergreen and 3 ornamental trees per 100 lineal feet with a 3 ' berm or masonry wall. The Landscape Ordinances provides credit for existing trees within the bufferyard area. Staff has inspected/evaluated the site and have determine there to be an excess of plant material existing within the bufferyard area (29 trees required with 69 tree credits — an excess of 40 trees). However, the bean or masonry wall requirement is not satisfied. Based on the existing wooded condition of the property, a berm, environmentally, would not be an appropriate improvement. An appropriate substitute for the berm could be a vegetative screen of evergreen or shrubs with a dense branching habit that would mature to 5-6 feet in height. 2. Future trail Alignment - Easement Provision Based on the discussion and testimony heard during the December 10, 2008 Plan Commission meeting, staff has revised the recommendation to including a provision in the Annexation Agreement acknowledging the proposed trail alignment and a statement that the parties of the agreement (Property Owner and City) agree to cooperate and negotiate in good faith in the future rather than requiring an easement conveyance 20 feet in width crossing the subject property as previously recommended. The fact that the precise trail location is currently unknown and no plans are in place to proceed with this project at this time nor anticipated in the near future is the primary reason for the modified recommendation. 3. Beecher Road Future Alignment Right-of-way dedications for Beecher Road have been required as part of annexation agreements including subdivision platting and those requiring roadway infrastructure improvements including Kendall Marketplace, Rush-Copley and Westhaven. Although this property is near the conceptualized future alignment, the precise location of the future roadway has not been determined or engineered by the City at this time. Therefore, a right-of-way dedication requirement from this property may be premature to recommend. However, a provision in the amended agreement acknowledging the proposed alignment of Beecher Road and a statement that the parties of the agreement (Property Owner and City) agree to cooperate and negotiate in good faith in the future may be appropriate to consider. 2 h� ■ � t r +y, v, IA f , 4 IY \ PC2UU8-28 The Data is provided without warranty or any representation of N lJ o o accuracy, timeliness, or completeness. It is the responsibility of the "Requester m determine accuracy, timeliness, completeness, and yy��� Laniosz Amended Annexation appropriateness of its use. The United City of Yorkville makes no wd��\ m warranties, expressed or implied, Me use of Me Data. 91 - Parcel Data 6 Aerial Photography provided by Kendall County GIS Aerial View -Map created by United City of Yorkville GIS S Legend \ - , I ,iilalsh-Ciif Locally Proposed Roads \ \ Trails ,\ ) TRAIL STATUS \ \ i simpop Future internal (Pnvale/Public Trail Link) eii City Owned/Mamtamed Asphalt t \ m R County Trail \ O \ 3 In Developer PUD Agreement 00 PnvalelPubliC Trail (HOA)Asphalt it N Privale/Publio Trail (HOA) Limestone \ Q •\ Proposed Conceptual '\ Trails Outside of Yorkville \ t\ DID 2008 Land Use Plan Land Use Classification \ f0 '\•\ r n Rural Neighborhood \ 0 - it Estate Neighborhood Amended Site _ Suburban Neighbomootl Plan Area \ fl' ,\ Traditional Neighborhood �\ ® Commercial it % , - --- ---- - Neighborhood Retail \ Industrial Office/Research \ 0 a � Mixed Use t - PubliclOUasi PubIK \ Parks/Open Space �-g commercim/OKrce Research Q \ \ 4/ - IndusUial/On¢e Research - \ as 1 \ �71 a �� oar a a � a i i i � 1 �3 U o �4 l PCs100O �e10 The Data is provided withoutwarmnry oranyrepresentadon of N �I L OO LL OO accuracy, timeliness, orcomplaMness. ltistheresponsibithyotthe "aeWester" to determine accuracy, timeliness, completeness, and Laniosz Amended Annexation appropdatenessof Hausa. 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T. qs �•L•Tj.. �•yA'iuA `f• �f+Y•Y.� p�y, ^•f.�YY '4.A.^1L�� Y.rp^'Y w .ww^ n�'+w M y.w yr.N'•.yf.M .wf`Py"w�^M �wM�_ Dn �i.��"`P�. ...rSs�'SS+.'�..•@�+.r`X:Sr�."w'Sn"'!?S�+w_ • • • ' • • 15 United City of Yorkville °2 800 Game Farm Road EST == 1636 Yorkville, Illinois 60560 t9 GI, o Telephone: 630-553 -4350 Fax: 630-553-3436 PC # "� Ooq- ai APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: T i5'T(E S-ror Gh&biFK Date of Submission: CHOP Requesting: Ck'Annexation 4MEIJPAElr( [] Zoning [] Planned Unit Development [] Special Use: 1 . Name of Petitioner(s): JDAI DEL 4 • tANi 0 S Z RR Address: R 711/© L57 /iP T �4�'��' lAIUE rL CaoSY� Phone Number: O (� — t�� � � Fax Numberp Email Address: Relationship of Petitioner(s) to subject property: Owner [] Developer Contract Purchaser 2. Name of holder of legal title, if different from #1 : /¢W,5,6Apok If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: paieL 64mo.5S I kBaMll 44AJI&S-Z 3. a). (i). Street address and physical location of subject property: / 763 we SrfIE:EcoACtf (ii). Zoning of surrounding parcels: North: 14 South: �EvT East: —� West: b). Legal description of property; attach as Exhibit "A". (AT-r*erw ) c). Total Acreage: �31 07 k d). Kendall County Parcel Number(s) of property: 05�— 0 ✓9' " 300 00 6 e). Current Zoning Classification: $ �� R 'r + f). Zoning Classification Requested IL (A CW�v'� United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 16 g). Is this property within City limits? f Yes No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 6-rrIf eNE-0 5. List all governmental entities or agencies required to receive notice under Illinois law: - 77� of y6xwal E 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: V/4 72#15 &OJOC-TT V L5 /�-mod y i A IV N e' e . S Vh ro 4a1�'b Sri Pit1/�' /felr7� �p �1 rvelee-ra AS &YA'lr 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: FoXR T96& M UNSoN Address: o2 o2 t; Si RRIDG-C STiPe����'o/PK1/1LL� It 60S10D Phone Number: (zgb — 55735 5-6aa2 Fax Number: Email Address: Engineer: Name: 1q Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 17 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Community Development Department for verification of this amount. c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. — 17`11`61T C `. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. 1 RIDER ATTACHED HERETO 15 EXPRESSLY Date: ! /— 6 2;,— 0 y MADE A PART HEREOF Petitioner(s) Signature: (All legal property owners' signatures must appear on this application.) Wayne Hummer Trust Company as k Bank and Trust u/a dated 04-21 -2nn3r known _ �y J. Pitrowski as Trust No . 03-008 I ^ssista-t Vice Preside Subscribed and sworn to before me this day of /jA00gF f��` {{ 1200 8 4 " 1Y �IVV1 r✓ / ^^^^^JJJJJ P Notary Seal THIS APPLICATION MUST BE NOTARIZED. M AL"NLANA of Illinois s 5-22-2010 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7. 15.2008 This document is executed by WAYNE HUMMER TRUST COMPANY, N.A. Successor Trustee to Hinsbrook Bank and Trust, not personally but as Trustee under Trust No. 03-008 as aforesaid, in the exercise of power and authority conferred upon and vested in as said Trustee as such, and it is expressly understood and agreed that nothing in said document contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing thereunder, or to perform any covenants, either expressed or implied including but not limited to warranties, indemnifications and hold harmless representations in said document (all such liability, if any, being expressly waived by the parties hereto and their respective successors and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right accruing under said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely holds legal title to the premises described therein and has no control over the management thereof or the income therefrom, and as no knowledge respecting any factual matter with respect to said premises, except as represented to it by the beneficiary or beneficiaries of said trust. In event of conflict between the terms of this rider and of the agreement to which is it attached, on any questions of apparent liability or obligation resting upon said Trustee, the provisions of this rider shall be controlling. WAYNE HUMMER TRUST COMPANY N.A.Successor Trustee to Hinsbrook Bank and Trust not individually, but As Trustee under Trust Agreement dated 04/21/2003 known as Trust number 03-0088- By: t . v cU � ssistant Vicd President 18 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc. , to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9:00 a.m. in the City Conference Room. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Representative, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Chief. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board Planning Meeting is the 4th Thursday of each month at 7:00 p.m. at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. United City of Yorkville Annexation, PUD, Zoning Special Use Application Revised: 7. 15.2008 19 A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. Step 5 - Economic Development Committee: The Economic Development Committee meets the 1 St Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: A public hearing is required for annexation or PUD agreements. The City Council meets theor 4t' Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 7: City Council: The Cify Council meets the second and fourth Tuesday of the month at 7:00 p. m. in the Council Chambers at Cit; Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Community Development Department, United City of Yorkville, 800 Game Farm Roa ork 4ye, Illinois 605 Q. Date: / � Signature of Petitioner United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 7.15.2008 EXHIBIT "A" That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 5: thence North 05047'00" West. 252.75 feet to the Tangent of the Centerline of Illinois Route No. 71 , said point being P.I. Station 1425+19.65 of said Centerline; thence South 85°37'00" West, along said Tangent and along the Centerline and along a Tangent of said Centerline, 2089.48 feet to P.I. Station 1404+33.50; thence South 74°14'00" West, along the Tangent and along the Centerline of said Illinois Route No. 71, 1855.80 feet; thence North 18°07'30" West, 69.20 feet to the Northerly Line of said Illinois Route No. 71 ; thence North 74°42'30" East, along said Northerly Line, 209.0 feet for the point of beginning; thence North 18°07'30" West, 418.0 feet; thence North74°42'30" East, parallel with the Northerly Line of said Illinois Route No. 71, 209.0 feet; thence South 18°07'30" East, 418.0 feet to the Northerly Line of said Illinois Route No. 71 ; thence South 74°42'30" West, along said Northerly Line, 209.0 feet to the point of beginning in Pendall Township, Pendall County, Illinois and containing 2.003 acres as said Property is depicted on a Plat of Survey by Francis E. Sexton, Illinois Professional Land Surveyor No. 1466, dated September 21 , 1965, which Survey apparently created this Parcel as shown, and that this Survey is base solely on the monumentation which remains from said "Sexton Survey'. AND ALSO: That part of the Southwest Quarter of Section 5 and that Part of the Northwest Quarter of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of said Section 5; thence North 05°47'00" West, 252.75 feet to the tangent centerline of Illinois Route No. 71, said point being P.I. Station 1425+19.65 of said centerline: thence South 85°37'00" West, along said tangent and along the centerline and along a tangent of said centerline, 2089.48 feet to P.I . Station 1404+33.50: thence South 74° 14'00" West, along the tangent and along the centerline of said Illinois Route No. 71, 1855.80 feet; thence North 18°07'30" West, 69.20 feet to the Northerly line of said Illinois Route No. 71; thence North 74°42'30" East, along said Northerly Line. 418.0 feet; thence North 18'07'30" West, 440.0 feet for the point of beginning; thence South 18°07'30" East, 440.0 feet to said Northerly Line: thence North 74°42'30" East, along said Northerly Line, 80.0 feet: thence North 18°07'30" West, 200.0 feet; thence North 07 059' 19° East, 260.95 feet; thence South 74 042'30" West 195.0 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 1 . 124 acres. Exhibit B Names and addresses of adjoining or contiguous landowners (of record) within 500 feet of the subject property who may be entitled to notice of petition under any applicable City ordinance or State statute: To the North: N.C. Master Family Limited Partnership 6874 Fieldstone Drive Burr Ridge, IL 60521 To the South: Kendall County Forest Preserve District (a body politic) 111 W. Fox Street Yorkville, IL 60560 To the East: William M. Garrett, Robert Garrett and Marie Garrett, all in joint tenancy 10645 Stagecoach Trail (Rt. 71 ) Yorkville, IL 60560 Joseph M. Harris 10581A&B Stagecoach Trail (Rt. 71 ) Yorkville, IL 60560 To the West: Otis Property Management, Inc. 4771 Route 71 Oswego, IL 60543 Charles and Rhonda Tomblinson 10645A Stagecoach Trail (Rt. 71) Yorkville, IL 60560 B�ForeE PRoPos�D CNa�c�`S� � ��� 1- � � 2 a i ,.0 S74 14230W ` 195.0' o f ooa / . s o „ QJ qa� , co nZp 1 o sN � C✓ . ) t NO rp 0 SIN i 6 I 1 O / Z \' v No o -0 i • 1 A O \ 'l Ck ;.` ON . a . � .. /a��•op o 0 hN ' 1 I O 77 I a . � O N71'34 ONE °� 4. 17.E i Ive / N717 Une of Old Prescnpoles —f—_ � 79.90' { North 1 Utiltly Road and Line o , as IN p d C 9e ii F fY % 574'42430'W 191 .0, 0' 65' Soufh Q'Pe •25.08 " ,•. - 80.0' a True Corner N7 42130"E a w u N t '. 01 N,Jq 1855.80' _ --- S74- 14'00"`� n — zz: Cenlerlit N . ILLINOIS ROUTE N ° . 71 r. z . Memorandum �? O To : Plan Commission ✓ From: Travis Miller esr ® » CC: Annette Williams (for distribution) Date: December 5, 2008 U Subject: Off Street Parking Regulations — Recommended Zoning Ordinance Text Amendment (REVISED) LE try Backsround• The Plan Commission conducted a Public Hearing November 12, 2008 regarding a proposed text amendment to Zoning Ordinance 10- 11 -3 regarding off-street parking regulations for Commercial and Manufacturing Districts. The Plan Commission raised concern the proposed amendment was too open ended and requested staff to research and return with a refined amendment request clarifying the intention and purpose of the amendment to ensure the new text accomplishes the intended goal. Staff Comments and Recommendation: Attached to this memo is the complete Zoning Ordinance Chapter 11 Off-Street Parking and Loading text. Considering the amended text within the context of the complete chapter should provide a clear picture of the result the amendment would have on the regulation (see page 3 for the amended text). Among other regulations, Chapter 11 provides the parking requirements for all zoning districts including the amount of spaces required for certain uses. 10- 11 -3 — A describes the regulation for parking facility use, however, only addresses the use of Residential Districts and is silent on Commercial and Manufacturing Districts. The proposed amendment includes language addressing these districts. Issues to consider: Although the zoning ordinance currently requires a certain amount of spaces be provided for certain business/manufacturing uses, there is no regulation on the use of the parking facility. Spaces used for long tern parking may result in diminished capacity of the parking facility. The zoning regulation applies to private property. Municipal Code Title 6 (Motor Vehicles and Traffic) Chapter 2 (Parking Regulations) and Title 7 (City Parks and Forest Preserves) Chapter 4 (Restrictions to Vehicle Parking) address parking on public streets and properties (attached for reference). These regulations do not address private property and do not overlap the regulation of the Zoning Ordinance. Chapter i I OFF =STREET PARKING AND LOADING 10-11 -1 : PURPOSE: The purpose of this Chapter is to alleviate or prevent congestion of the public roads, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put. (Ord . 1973- 56A, 3-28-74) 10-11 -2 : GENERAL PROVISIONS : A. Scope of Regulations: The off-street parking and loading provisions of this Chapter shall apply as follows: 1 . For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided. 2 . When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date hereof, in which event parking or loading facilities as required herein shall be provided for the total increase. 3. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the 1 new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Title. B . Existing Parking and Loading Facilities: Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date hereof or were provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this Title for a similar new building or use. C. Permissive Parking and Loading Facilities: Nothing in this Title shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings; provided , that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to . D. Damage or Destruction: For any conforming or legally nonconforming building or use, as restricted by Chapter 10 of this Title, which is in existence on the effective date hereof, which subsequently hereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed , re- established or repaired , off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses in construction. E . Control Of Off Site Parking Facilities: Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such off site parking facilities shall be authorized and no zoning certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the board of zoning appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off site parking facilities will be maintained at all times during the life of the proposed use or building . 2 F. Submission Of Plot Plan: Any application for a buildingpermit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan , drawn to scale and fully dimensioned , showing any parking or loading facilities to be provided in compliance with this title. (Ord . 1973-56A, 3-28-1974) 10-11 -3: OFF STREET PARKING REGULATIONS AND REQUIREMENTS : A. Use Of Parking Facilities: 1 . Residential Districts: Off street parking facilities accessory to residential use and development in any residential district in accordance with the requirements of this chapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments. 2 . Business and Manufacturing Districts: Off street parking facilities accessory to business and manufacturing use shall be used solely for the parking of vehicles of owners, employees, visitors and customers of the business or establishment as well as for delivery vehicles serving the business or establishment. Vehicles of said visitors and customers shall not be parked on said parking facilities for periods longer than twenty-four (24) hours with the exception of motor vehicle sales, truck sales and service, automobile rental , hotel motel and those public properties regulated by Title 6 Chapter 2 of the Municipal Code. B. Joint Parking Facilities: Off street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted ; provided , that the total number of spaces so located 3 together shall not be less than the sum of the separate requirements for each use. C. Size: Required minimum off street parking dimensions shall be as shown in this subsection: Angle Of Parking Space ,Width Of Space ;Length Of Space - 1 Parallel parking 8 feet 20 feet 45° angle parking r 9 feet j 17 feet 60° angle parking 9 feet 19 feet 900 angle parking 8� 5 feet I 18.5 feet I� Notes: 1 . Stall length measured to edge of curb. 2 . Aisle width minimum design. 3. Length of space is measured perpendicularly from the edge of the aisle to the curb line. 4. Where parallel parking is used the end stalls shall be at least 22 feet long , or appropriate tapers be provided for improved access: a. One-way minimum design: 12 feet aisle width. b. Two-way minimum design: 24 feet aisle width. 5. Barrier free accessibility: All required parking lots, by this code, shall comply with the accessibility requirements of the state of Illinois accessibility code and the ADA. D. Access: Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space, unless the parking facilities 4 are serviced by a parking attendant. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. 1 . Residential Driveways: The maximum width for a residential driveway, for single-family detached units, measured at the street right of way line is twenty five feet (25') when the required setback from the street with driveway access is thirty feet (30') or more. The maximum width for a residential driveway measured at the street is thirty feet (30') when the required setback from the street right of way with driveway access is less than thirty feet (30'). I; i The maximum width for a residential driveway, for single-family attached units, measured at the street right of way line is twenty five feet (25') regardless of setback. Shared parking areas shall be provided within single-family attached unit developments providing 0 .5 space per unit up to twenty (20) units and 0.25 space per unit beyond twenty (20) units. The maximum width for a residential driveway, for single-family detached units, measured at the street right of way line is twenty five feet (25') for units fronting on a cul-de-sac bulb. 2. Nonresidential Driveways: Driveway width shall be adequate to serve the volume of traffic and provide for rapid movement of vehicles off of major thoroughfares. ,Trips Per Day (1 To Trips Per Day (21 Or 120) Or More) Or Trips Per Hour (1 To Trips Per Hour (More 5) Than 5) Driveway width at right of 12 feet minimum 24 feet minimum way 24 feet maximum 36 feet maximum' Note: 5 1 .Unless approved by the city engineer. E. In Yards: Off street parking spaces may be located in any yard defined by this title. F. Design And Maintenance: 1 . Open And Enclosed Parking Spaces: Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use. 2 . Aprons: Driveway aprons shall not widen the driveway more than five feet (5') in total width when measured at the curb/street edge. 3. Distance To Existing Street Intersections: Residential driveways shall be a minimum of fifty feet (50') when measured from the driveway edge to the nearest intersecting street right of way line. Commercial driveways shall be a minimum of two hundred feet (200') when measured from driveway edge to the nearest intersecting street right of way line. T street Driveways not meeting the minimum distances may be approved administratively by the city administrator with a recommendation to approve made by the city engineer. If administrative approval is not granted, a variance must be approved as described by section 10-14-5 of this title. 4. Driveway Edge/Curb Radius: The maximum radius for a driveway edge/curb for a driveway entrance is twenty feet (20'). 6 a�xr.uv kW ix lu, Y +' driveway 5. Surfacing : All open off street parking areas shall be improved with a pavement meeting state of Illinois standard A-3 or equivalent. 6. Screening And Landscaping: All open automobile parking areas shall comply with the requirements of the current landscape ordinance regulations for perimeter parking lot landscaping. 7. Lighting: Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public highways in such a way as not to create a nuisance. The city of Yorkville promotes the "dark sky" concept. Lighting fixtures should be full cutoff, and the use of wall packs on buildings should be minimized. The average foot-candle intensity should be 2.0 _ 2.5 foot-candles. The average to minimum light intensity ratio should be no more than six to one (6: 1 ), and the maximum to minimum light intensity ratio should be no more than twenty to one (20: 1 ). The lighting intensity at the property line shall be zero foot-candles. 8. Signs: Directional and regulatory signs/markings only are permitted on parking areas. 7 9 . Repair And Service: a. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off street parking facilities provided in a residence district. b. The sale of gasoline and motor oil in conjunction with accessory off street parking facilities is not permitted in any residence district. G . Number Of Spaces: 1 . Maximum Number Of Spaces: The total number of accessory parking spaces provided for one-family, two-family or multiple-family dwellings shall not exceed that required by this title for such use or for any equivalent new use by more than fifty percent (50%) or six (6) spaces, whichever number is greater. 2. Determination Of Number Of Spaces: When determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, any fraction of one-half ('/z) or less may be disregarded , while a fraction in excess of one-half (1/2) shall be counted as one parking space. H. Location Of Accessory Off Street Parking Facilities: The location of off street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served . 1 . For Uses In A Residence District: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served . Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served , but in no case at a distance in excess of three hundred feet (300') from such use. 2. For Uses In Business And Manufacturing Districts: All required parking spaces shall be within one thousand feet (1 ,000') of the use served , except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within three hundred feet (300') of the use served . However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district unless authorized by the board of appeals in accordance with chapter 14 of this title. (Ord . 2006-137, 11 -28-2006) 8 10-114: SCHEDULE OF PARKING REQUIREMENTS : For the following uses, accessory off street and off right of way parking spaces shall be independently accessible provided as required hereinafter. Parking spaces required on an employee basis shall be based on the maximum number ofemployees on duty or residing, or both, on the premises at any one time. (Ord. 1997-5A, 3-13-1997 ) A. Residential Uses, As Follows: One-fam1iy__ 11A minimum of 2 enclosed parking spaces shall be dwellings, two- (provided for each dwelling unit. The development family dwellings, plans shall incorporate techniques to break up the and townhomes effect of front loaded garages such as side loading end units and offsets to be approved by the city's planner. Multi-family A m� inimum of 2 parking spaces with 1 enclosed dwellings other (parking space shall be provided for each dwelling than above lunit. For lodging rooms located in an apartment hotel ,parking spaces shall be provided for each lodging broom. I Tourist courts, 1 parking space for each dwelling unit and 1 parking tourist homes, space for each lodging room shall be provided. motels and motor hotels Hotels, transient 1 parking space shall be provided for each lodging (room , plus 1 space for the owner or manager. Lodging houses T1 parking space shall be provided for each lodging room , plus 1 space for the owner or manager. Private clubs and 1 parking space shall be provided for each lodging lodges (with Iroom, plus parking spaces equal in number to 10 sleeping facilities ' percent of the capacity in persons (exclusive of for guests) lodging room capacity) of such club or lodge. B. Retail And Service Uses, As Follows: Retail stores and banks 1 parking space shall be provided for each square feet of floor area. Drive-in banks J 9 shall provide 3 parking spaces per teller window. Automobile laundry 20 parking spaces shall be provided for each wash rack, plus 1 additional space for each 4 employees. Bowling alleys 3 parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses - bars, :restaurants and the like. Establishments dispensing 1 parking space shall be provided for each food beverages for 300 square feet of floor area . consumption on the premises Furniture and appliance 11 parking space shall be provided for each stores, household 600 square feet of floor area. equipment or furniture repair shops Motor vehicle sales and 1 parking space shall be provided for each machinery sales 600 square feet of floor area. i Theaters (indoor) 1 parking space shall be provided for each 3 Iseats. i Undertaking establishments, 12 parking spaces shall be provided for funeral parlors each chapel or parlor, plus 1 parking space for each funeral vehicle kept on the premises, and 1 parking space for each employee. C. Offices; Business, Professional And Governmental: 1 parking space shall be provided for each 400 square feet of floor area. D. Wholesale Establishments (But Not Including Warehouses And Storage Buildings Other Than Accessory): 1 parking space shall be provided for each 600 square feet of floor area. 10 E. Establishments Engaged In Production Processing, Cleaning,Servicing , Testing Or Repair Of Materials, Goods Or Products: 1 parking space shall be provided for each employee, plus 1 parking space for each vehicle used in the conduct of the enterprise. F. Warehouses And Storage Buildings: 1 parking space shall be provided for each 1 employee, plus 1 space for each vehicle used in the conduct of the enterprise. G . Community Service Uses , As Follows: Church, school, 1 parking space shall be provided for each 6 seats. college and other Adequate space shall also be provided for buses institutional used in connection with the activities of the auditoriums institution, and all loading and unloading of passengers shall take place upon the premises. Colleges, universities 1 parking space shall be provided for each and business, employee, and 1 parking space shall be provided professional and for each 4 students, based on the maximum trade schools number of students attending classes on the premises at any one time during any 24 hour period . Health centers, 13 parking spaces shall be provided for each staff government operated and visiting doctor. i Hospitals 111 parking space shall be provided for each 2 hospital beds, plus 1 parking space for each 2 employees (other than staff doctors), plus 1 parking space for each doctor assigned to the staff. Libraries, art galleries 4 parking spaces shall be provided for each 1 ,000 and museums - public square feet of gross floor area. Municipal or privately 1 parking space shall be provided for each 1 owned recreation employee, plus spaces adequate in number, as buildings or determined by the Zoning Administrator, to serve community centers the visiting public. Public utility and 1 parking space shall be public service uses I1 Schools; nursery, 11 parking space shall be provided for each elementary and high employee, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the public. H .Places Of Assembly, As Follows: Stadiums, arenas, auditoriums, (other than Parking spaces equal in church , college or institutional school), number to 25 percent of convention halls, dance halls, exhibition halls, the capacity in persons skating rinks and other similar places of shall be provided . assembly r = I .Miscellaneous Uses, As Follows: Fraternities, sororities 1 parking space shall be provided for each 5 and dormitories active members, plus 1 parking space for each employee. j Institutions for the care Fd ng space shall be provided for each staff of the insane and plus space adequate in number, as feeble-minded ined by the Zoning Administrator, to serve ting public. Rest ho mes or nursing Fndarkilng g space shall be provided for each 4 homes us parking space for each 1 employee, space for each doctor assigned to . Sanitariums, 1 parking space shall be provided for each 4 convalescent homes or beds, plus 1 parking space for each 2 employees institutions for the aged (other than staff doctors), plus 1 parking space or for children for each doctor assigned to the staff. (Ord. 1973- 56A, 3-28-1974; amd. For the following uses, parking spaces shall be provided in adequate number, as determined by the Zoning Officer, to serve persons employed or residing on the premises as well as the visiting public: (Ord ., 3-28-1974; amd . 1994 12 Code) Airports or aircraft landing fields, heliports. Convents and monasteries. Crematories and mausoleums. Outdoor amusement establishments; fairgrounds, permanent carnivals, kiddie parks and other similar amusement centers. Penal and correctional institutions. Rectories and parish house. Swimming pools. J . Mixed Uses: When two (2) or more uses are located on the same zoning lot or within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking space or portion thereof shall serve as a required space for more than two (2) uses unless otherwise authorized by the Board of Appeals in accordance with Chapter 14 of this Title. K. Other Uses: For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Officer. (Ord. 1973-56A, 3-28-1974) 10-11 -5: OFF-STREET LOADING REGULATIONS AND REQUIREMENTS : A. Location: All required loading berths shall be located on the same zoning lot as the use served . No loading berth for vehicles over two (2) tons' capacity shall be closer than fifty feet (50') to any property in a residence district unless completely enclosed by building walls, not less than six feet (6) in height. No permitted or required loading berth shall be located within fifty feet (50') of the nearest point of intersection of any two (2) streets. (Ord . 1973-56A, 3-28-74; 1994 Code) 13 B. Size: Unless otherwise specified , a required loading berth shall be at least ten feet in width by at least twenty five feet in length (10' x 25') exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet ( 14'). C. Access: Each required off-street loading berth shall bedesigned with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. D. Surfacing: All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches (7") thick, surfaced with not less than two inches (2") of asphaltic concrete or some comparable all-weather dustless material . E. Repair and Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts. F. Loading Spaces Not to be Used for Parking Requirements: Space allocated to any off-street loading berth shall not, while so allocated , be used to satisfy the space requirements for any off-street parking facilities or portions thereof. G . Special Uses: For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such use , as determined by the Zoning Administrator, shall be provided . H. Accessory Off-Street Loading Facilities: Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord. 1973-56A9 3-28-74) 10-11 -6 : SCHEDULE OF LOADING REQUIREMENTS : 14 For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown herein : LOADING REQUIREMENTS Use F Gross Required Floor Area Number and in Minimum Square Horizontal Feet -- Dimensions of Berths A. Hospitals, sanitariums and other � � ( I institutional uses 103000 to 1 - ( 10' x 25') 200,000 B . Hotels, clubs and lodges, except as set forth in item E For each 1 additional additional ( 10' x 25') 200,000 or fraction thereof C. Hotels, clubs and lodges - when r �10,000 j 1 - ( 10' x 25') containing any of the following: retail shops, Ito 20,000 convention halls, auditoriums, exhibition r 20,000 to I1 - (10' x 50') halls, or business or professional offices 1 150,000 (other than accessory) For each 1 - additional additional ( 10' x 25') 150,000 or fraction thereof D. Retail stores 5,000 1 - (10' x 25') Ito 10,000 E. Establishments dispensing food or 11to20,000 0 ,000 1 - (10' x 25') beverages for consumption on the premises r 20,000 12 - (10' x 25' ea. ) F 25,000 25,000 2 - ( 10' x 25' ea. ) to 40,000 F. Motor vehicle and F 40,000 to 3 - ( 10' x 25' ea. )) machinery sales 1 1100,000 15 G . Wholesale establish- r For each 1 - additional ments (but not including additional (10' x 50') warehouse and storage ,200,000 or buildings other than !fraction accessory) ithereof H . Auditoriums, convention halls, exhibition r 10 ,000 r 1 ( 10' x 25') halls, sports arenas, stadiums to 20,000 20 000 to r 1 - ( 10' x 50') 1100,000 I . Bowling alleys For each 1 - additional additional ( 10' x 50') 100,000 or fraction thereof J . Banks and offices - business, professional 10,000 to 1 - (10' x 25') and governmental 1 1100,000 For each r1 - additional additional Ij( 10 x 25') 100,000 or fraction thereof to 500,000 For each 1 - additional additional ( 10' x 25') 500 ,000 or fraction thereof K. Establishments engaged in production , processing, cleaning , servicing, testing or to 10,000 repair of materials, goods or products r 1001 00'),00 Ito 40,000 40,000 � 2 - ( 10' x 50' ea.) 0 000 L. Warehouses and storage For each 1 - additional buildings additional ( 10' x 50') 100 ,000 or fraction thereof M. Theaters r 8 ,000 to I - ( 10' x 25') 25,000 For each Fl - additional additional (10' x 25') 16 For I N . Undertaking establish- 8,000 to r11 - ( 10' x 25') ments and funeral parlors 100,000 F Faddnaol 1 - additional ( 10' x 25') (Ord . 1973-56A, 3-28-74) Footnotes - Click any footnote link to go back to its reference. Footnote 1 : Ordinance 1997-5A will be in effect for all new developments not yet preliminarily platted as of its passage. 17 Sterling Codifiers, Inc. Page 1 of 12 This section has been affected by a recently passed ordinance , 2008-74 - GENERAL PENALTY. Go to new ordinance. Chapter 2 PARKING REGULATIONS The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-1 : PARKING REGULATIONS AND RESTRICTIONS ON CERTAIN STREETS : A. Bridge Street: 1 . Bridge Street, between the south side of Van Emmon Street and the north side of Van Emmon Street, shall be designated for parallel parking only in those areas of said street so marked , adjacent to the traveled portion of said street, and all vehicles parking adjacent to the northbound lane of Bridge Street shall park parallel with the front of said auto facing in a northerly direction, and all vehicles parking adjacent to the southbound lane of Bridge Street shall park parallel with the front of said auto facing in a southerly direction. 2. It shall be unlawful to park any vehicle upon Bridge Street in the city between Van Emmon Street and the Fox River other than parallel to the traveled portion of Bridge Street in areas so designated and marked for parallel parking ; and no vehicle shall be parked upon the aforesaid street for more than two (2) consecutive hours, between the hours of six o'clock (6:00) A. M. and eight o'clock (8:00) P .M. daily, including Sundays and holidays; nor shall any motor vehicle be left unattended for a period of more than fifteen (15) minutes between the hours of one o'clock (1 :00) A. M. and five o'clock (5:00) A. M., including Sundays and holidays. (Ord. 1964-7, 1 -9-1964, eff. 7-1 -1964) 3. a. Parking will be prohibited on both sides of Illinois Route 47, also known as Bridge Street, beginning at the south corporate limits of Yorkville and extending northerly to a point plus or minus two hundred feet ( .200') north of Illinois Route 126. (Ord . 1990-23A, 9-27- 1990) b. (1 ) Parking will be prohibited on both sides of Illinois Route 47 (Bridge Street), for a distance of two hundred feet (200') both north and south of Walnut Street. (2) Any person, firm , or corporation violating the provisionsof this ordinance shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. (Ord. 1997-9, 4-10-1997) 4. Any person violating any provision of this subsection shall be fined as provided in section 1 -4-1 of this code. (Ord. 1964-7, 1 -9-1964, eff. 7-1 -1964; amd. 1994 Code) B . Hydraulic Avenue: http://sterling.webiness.com/codebook/getBookData.php?id=&rchapter_id= 16143 &keywor... 12/4/2008 Sterling Codifiers, Inc. Page 2 of 12 1 . Parallel Parking Only; Loading Zone Designated: Hydraulic Avenue between Bridge Street and Main Street shall be designated for parallel parking only in those areas of said street so marked , adjacent to the traveled portion of said street, and all vehicles parking adjacent to the westbound lane of Hydraulic Avenue shall park parallel with the front of said auto facing in a westerly direction, and one parking space adjacent to the business building at 116 West Hydraulic Avenue shall hereafter be designated as no parking and for loading zone use of the business only. 2. Parallel Parking Only; Time Limit: It shall be unlawful to park any vehicle upon Hydraulic Avenue in the city between Bridge Street and Main Street other than parallel to the traveled portion of Hydraulic Avenue in areas so designated and marked for parallel parking; and no vehicle shall be parked upon the aforesaid street for more than two (2) consecutive hours between the hours of six o'clock (6:00) A.M. and eight o'clock (8:00) P. M. daily, including Sundays and holidays. (Ord . 1967-28 , 6-8-1967, eff. 7-1 -1967; amd . 1994 Code) 3. Parking Zone Established: A parking zone is hereby established on West Hydraulic Street in the area between Route 47 on the east and going in a westerly direction for two hundred fifty feet (250'), said parking to be restricted to a time limit of one-half (t /z) hour and limited to the north side of Hydraulic Street. (Ord . 1992-7, 5-14-1992) 4. Prohibited Parking Areas: It shall be unlawful to park any vehicle on the southerly side of Hydraulic Avenue between Mill Street and Morgan Street, and it shall further be unlawful to park any vehicle on that portion of the northerly side of Hydraulic Avenue contiguous to the parking lot serving the business at 123 West Hydraulic Avenue. 5. Penalty: Any person violating any provision of this section shall be fined as provided in section 1 -4-1 of this code. (Ord. 1967-28, 6-8-1967, eff. 7-1 -1967; amd . 1994 Code) The section below has been affected by a recently passed ordinance, 2008-32 - PARKING RESTRICTIONS . Go to new ordinance. The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. The section below has been affected by a recently passed ordinance, 2008-89 - PARKING RESTRICTIONS . Go to new ordinance. 6-2-2 : PARKING PROHIBITED ON DESIGNATED STREETS : The provisions of this section regulating the parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergencyduties, nor shall such provision apply to persons actually engaged in repairing or otherwise improving the streets under the authority of the city council or the state, nor shall the provisions of this subsection apply to the intermittent standing of any vehicle in said prohibited area when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (Ord . 1974-66, 9-12-1974) http://sterling.webiness.cons/codebook/getBookData.php?id=&cliapter_ id= 16143 &keywor. . . 12/4/2008 Sterling Codifiers, Inc. Page 3 of 12 Unless otherwise stated, any person violating or failing to comply with the provisions of this section shall be fined and shall pay, upon entering a plea of guilty or upon being found guilty of a violation hereof, a penalty as provided in section 1 -4-1 of this code. (Ord . 1974-66, 9-12- 1974; amd. 1994 Code) BEAVER STREET There shall be established "no parking" zones on the south side of Beaver Street, the east side of Badger Street, the west side of Deer Street, and the north side of Wolf Street in the Fox industrial park, except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. Violation of this provision shall result in a fifty dollar ($50.00) fine per occurrence. (Ord . 2001 -38, 6-28-2001 ) CHURCH STREET A "no parking" zone shall be created on the east and west sides of Church Street commencing at the intersection of River Street and Church Street and running continuously north to the intersection of Main Street and Church Street. (Ord . 1987-6, 5-28-1987) COLONIAL PARKWAY A "no parking" zone on the north side of Colonial Parkway between Illinois Route 126 and Illinois Route 47, except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. Violation of this provision shall result in a fifty dollar ($50.00) fine per occurrence. (Ord. 2000-58, 11 -9-2000) HILLCREST AVENUE A "no parking" zone shall be established on portions of Hillcrest Avenue, from the centerline of the intersection of Hillcrest Avenue with Sunset Avenue, one hundred fifty seven feet (157') west to a distance of one hundred fifty nine feet ( 159') east from the intersection of Hillcrest Avenue and Center Parkway as depicted in the drawing attached to ordinance 1995-18 on file in the office of the city clerk, incorporated herein by reference and made a part hereof as exhibit A, and from the centerline of Center Parkway West six hundred fifty two feet (652') west, and two hundred seventy feet (270') going south tothe centerline of the intersection of Hillcrest Avenue and Leisure Street as depicted in said drawing incorporated herein by reference and made a part hereof as exhibit A. Violation of this provision shall result in a fine of twenty five dollars ($25.00) per occurrence. (Ord. 1995-18, 6-22-1995) ILLINOIS ROUTE 47 A. Parking will be prohibited on both sides of Illinois Route 47 extending five hundred feet (500') both north and south of Cannonball Trail Road . 1 . Any person , firm , or corporation violating the provisions of this subsection A shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 2001 -15, 4-12-2001 ) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor... 12/4/2008 Sterling Coditiers, Inc. Page 4 of 12 B. There shall be no parking along the west side of Route 47 (park side) from West Main Street to West Center Street during the hours of one o'clock ( 1 :00) A. M. to five o'clock (5:00) A. M. 1 . Violation of this subsection B shall result in a fifty dollar ($50.00) fine per occurrence. (Ord . 2000-30 , 6-22-2000) JOHN STREET A "no parking" zone shall be created on the south side of John Street commencing at Chestnut Lane and running continuously to Evergreen Lane. (Ord. 2005-67, 8-9-2005 , eff. 8-9-2005) KING STREET A "no parking" zone shall be created along both the west side and the east side of King Street commencing at the intersection of King Street and River Street and continuing north to the intersection of King Street and Main Street in the city. (Ord . 1987-6, 5-28-1987) MILL STREET A. A "no parking" zone shall be established on the east side of Mill Street running northerly from Route 126 to the intersection of Walter Street. Violation of this subsection A shall result in a twenty five dollar ($25.00) fine per occurrence . (Ord . 1995-17, 5-25-1995; amd. Ord . 2001 -37, 6-14-2001 ) B. A "no parking" zone on the paved/hard surface on both sides of Mill Street between Van Emmon Road and Fox Street, in Yorkville, except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. The public works department is directed to prepare and install "No Parking" signs at this location . Violation of this subsection B shall result in a fifty dollar ($50 .00) fine per occurrence. (Ord. 2001 -37, 6- 14-2001 ) RIVER STREET It shall be unlawful to park a motor vehicle on the following portions of River Street: Commencing at the east corner of the intersection of Church Street and River Street along River Street to a point one hundred feet ( 100') immediately west of its intersection with Bridge Street, now known as Route 47, in the city. On the south side of River Street commencing at the western edge of the city limits running easterly alongthe south side of River Street to its intersection with Bridge Street, commonly known as Route 47, in the city. On the north side of River Street commencing at the western edge of the city limits running easterly along the north side of River Street to its intersection with Church Street. (Ord . http://sterling.webiness.coin/codebook/getBookData.plip?id=LZ chapter_id= 16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 5 of 12 1987-61 5-28-1987) ROSENWINKEL STREET A "no parking" zone shall be created on the north and south sides of Rosenwinkel Street between Route 47 and a point two thousand feet (2,000') east of Route 47. (Ord. 2008-19 , 3-11 -2008) SOMONAUK STREET The city council and the mayor of the city hereby create and authorize the installation of "No Parking" signs on each side of Somonauk Street from Church Street on the east to the end of the Game Farm property on the west instanter. (Ord . 1984-10, 8-9-1984) A "no parking" zone shall be created on the north side of Somonauk Street between Route 47 and Bristol Avenue and on the south side of Somonauk Street between Route 47 and Colton Street. (Ord . 2007- 100, 12-18-2007) SYCAMORE ROAD A. Parking will be prohibited on both sides of Sycamore Road from U .S. Route 34 to three hundred feet (300') south . B. Any person, firm , or corporation violating the provisions of subsection A of this entry shall be fined not less than twenty five dollars ($25.00 ) nor more than one hundred dollars ($100.00) for each offense. (Ord . 1998-24, 8-13-1998) C. A "no parking" zone shall be created on the east and west of Sycamore Street between Route 34 and John Street. (Ord . 2005-67, 8-9-2005, eff. 8-9-2005) U.S. ROUTE 34 A. Parking will be prohibited on both sides of U .S . Route 34 for the length of eight hundred feet (800') both east and west of Sycamore Road. B. Any person, firm, or corporation violating the provisions of subsection A of this entry shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. (Ord. 1998-24, 8-13-1998) VAN EMMON STREET A. Prohibited Parking Areas: It shall be unlawful to park anyvehicle on the following portions of Van Emmon Street: http://sterling.webiness.coin/codebook/getB ook Data.php?id=&chapter_id= 16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 6 of 12 On the south side of Van Emmon Street westerly from the intersection of Van Emmon Street and Heustis Street within the corporate limits of the city. (Ord . 1974-66, 9-12-1974) On the north side of Van Emmon Street between the westerly line of Mill Street and the easterly line of Heustis Street. (1994 Code) On each side of West Van Emmon Street commencing at its intersection with State Street and continuing westerly for four hundred twenty feet (420'). (Ord . 1987-6, 5-28-1987) On both sides of East Van Emmon Street from the east corporate limits and proceeding westerly for five hundred feet (500'). (Ord. 1990-18A, 6-28-1990) WALNUT STREET A. Parking will be prohibited on both sides of Walnut Street from Illinois Route 47 (Bridge Street) to one hundred fifty feet ( 150') east. B. Any person, firm, or corporation violating the provisions of subsection A shall be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. (Ord . 1997-9, 4-10-1997) WEST CENTER STREET A. There shall be no parking on the south side of West Center Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Center Street during the hours of one o'clock ( 1 :00) A. M . to five o'clock (5:00) A.M. 1 . Violation of this subsection A shall result in a fifty dollar ($50.00) fine per occurrence. (Ord . 2000-30, 6-22-2000) WEST JOHN STREET A "no parking" zone on West John Street from Cannonball Trail to its terminus between the Kendall County courthouse and jail , except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. Violation of this provision shall result in a fifty dollar ($50.00) fine per occurrence. (Ord. 1999-24, 12-2- 1999) WEST MAIN STREET A. There shall be no parking on the north side of West Main Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Main Street during the hours of one o'clock ( 1 :00) A.M. to five o'clock (5:00) A.M . 1 . Violation of this subsection A shall result in a fifty dollar ($50.00) fine per occurrence. (Ord. 2000-30, 6-22-2000) http://ster ling.webiness.com/codebook/getBookData.php?id=&chapter_id= 16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 7 of 12 The section below has been affected by a recently passed ordinance , 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-3 : ADDITIONAL PARKING PROHIBITIONS : A. Bicentennial Park And Recreation Area: 1 . Prohibited Parking Areas Described : It shall be unlawful to park any motor vehicle on the following described premises or area: Hydraulic Avenue easterly from the 131 East Hydraulic Avenue terminus, and the Bicentennial park and recreation area, excepting the parking area therein designated , to the easterly boundary line of the city limits, by the director of public works by an appropriate sign as being the parking lot for the general public. (Ord . 1976-34, 5-27-1976; amd . 1994 Code) 2. Signs Posted: The corporate authorities, and particularly the director of public works, of the city, are hereby authorized and required to place and maintain, or cause to be placed and maintained , at or near the curb line of the property on which parking is prohibited , "No Parking" signs; said signs to be located in such positions and to be provided with letters of a size to be clearly legible in conformance with the "State Manual and Specifications" for such signs. (Ord . 1976-34, 5-27-1976) 3. Enforcement And Penalty: The police department is hereby directed to enforce the provisions of this subsection A, and any person violating any of the provisions hereof shall be fined as provided in section 1 -4-1 of this code. (Ord . 1976-34, 5-27-1976; amd . 1994 Code) B. School Zones: 1 . Prohibited Parking Area And Time Designated : It shall be unlawful to park any motor vehicle, other than a school bus, on the north side of Center Street from the intersection of Church Street to the intersection of King Street and upon the west side of Church Street from the intersection of Somonauk Street to Center Street between the hours of three o'clock (3:00) P. M. and four o'clock (4:00 ) P. M. , Monday through Friday in the city. (Ord . 1973-483 9-13-1973) 2. Signs Posted: The corporate authorities, and particularly the director of public works, of the city, are hereby authorized and required to place and maintain , or cause to be placed and maintained , at or near the curb line of Center Street and Church Street, within the prohibited parking area aforesaid , signs reading "No Parking _ 3:00 P. M. to 4:00 P.M. _ Monday through Friday", said signs to be located in such positions and to be provided with letters of a size to be clearly legible in conformance with the "State Manual and Specifications" for such signs. 3. Enforcement And Penalty: The city police department is hereby directed to enforce the provisions of this subsection B , and any person violating any of the provisions of this subsection shall be fined as provided in section 1 -4-1 of thiscode for each offense. (Ord . http://sterl ing.webiness.com/codebook/getBookData.php?id=&chapter_id=16143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 8 of 12 1973-48, 9-13-1973; amd. 1994 Code) C. Beecher Community Building Property: 1 . Prohibited Parking Areas Described : A "no parking" zone shall be created on any grassy area of the Beecher community building property located at 908 Game Farm Road . 2. Violation And Penalty: Any violation of this subsection C shall result in a fine of twenty five dollars ($25.00) to any person charged hereunder; and the city shall further be allowed the right to tow any vehicles from said "no parking at any time" zone, that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord . 1991 -8, 4-25-1991 ) D. City Parkways: 1 . Prohibited Parking Area Described: Parking shall be prohibited on all city parkways in the area between the curb and sidewalk area, at all times. 2. Violation And Penalty: Any violation of this subsection D shall result in a fine of fifty dollars ($50.00) to any person charged hereunder and the city shall further be allowed the right to tow any vehicle from said "no parking" zones that are parked in violation thereof and assess reasonable towing charges as are billed to the city, to the owner or driver of said vehicle. (Ord. 1991 -13, 8-8-1991 ) E. Bristol-Kendall Fire Station: 1 . Prohibited Parking Area Described: A "no parking" zone shall be established on the east side of the Bristol-Kendall fire station from the north edge of Fox Road to Van Emmon Street except for vehicles of emergency personnel during emergencies or other emergency vehicles during an emergency. 2. Violation And Penalty: A violation of this subsection E shall result in a fifty dollar ($50.00) fine per occurrence. (Ord . 1995-21 , 8-10-1995) F. Parking Of Nonmotorized Vehicles: There shall be no parking permitted on city rights of way or city streets, for detached nonmotorized vehicles of any kind, including , but not limited to, trailers, semitrailers, utility trailers, construction equipment, and any other detached nonmotorized type vehicle except for construction or business nonmotorized vehicles that are parked at an active construction site ("active" being defined as "work is being conducted at the location on the same day") in which case the nonmotorized vehicle may be parked during daylight hours, must be removed before dark and must be secured by chocks upon both left and right side tires and shall be identified by cones, placards or other warningdevice placed both in front and behind the nonmotorized vehicle. Violation of this subsection shall result in a fine of fifty dollars ($50.00) per occurrence. (Ord. 2006-45 , 6-13- 2006) http://sterling.webiness.coin/codebook/getB ookData.php?id=&cliapter_id= 16143&keywor... 12/412008 Sterling Codifiers, Inc. Page 9 of 12 G . Parking After Snowfall: 1 . There shall be no parking on any city streets in the united city of Yorkville, except for emergency vehicles during emergencies, after a snowfall of more than two inches (2"). 2. There shall be no parking on any city street in the united city of Yorkville after a two inch (2") snowfall for twenty four (24) hours after the snowfall has ended . 3. The public works department is directed to prepare and install signs throughout the community regarding this subsection G . 4. Violation of this subsection G shall result in a fifty dollar ($50.00) fine per occurrence. 5. Additionally, the city shall further be allowed the right to tow any illegally parked vehicle and to assess to the owner or driver of said vehicle any and all reasonable towing charges as are billed to the city. (Ord . 2002-33, 9-24-2002) The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-2-4: TWO HOUR TIME LIMIT PARKING : A. The following areas shall be designated for two (2) hour parking and no vehicle shall be parked upon said designated areas for more than two (2) consecutive hours between the hours of six o'clock (6:00) A.M. and eight o'clock (8:00) P.M. daily, including Sundays and holidays: City parking lot contiguous to Van Emmon Street on the south and an alley running northerly between Van Emmon Street and Hydraulic Avenue, said city parking lot being more fully described as follows: commencing in the Southwest corner of Lot 6 in Block 12 of Black's Addition to the City of Yorkville; running thence northerly along the east line of an alley, 87 feet; thence easterly along the north line of said Lot 6 , 57 feet; thence southerly 87 feet, more or less, to the north line of Van Emmon Street; thence westerly along said Van Emmon Street, 57 feet to the point of beginning, in the City of Yorkville, Kendall County, Illinois. (Ord . 1971 -8, 6-10-1971 , eff. 7-1 -1971 ) Van Emmon Street, between the east line of an alley running between Van Emmon Street northerly to Hydraulic Avenue and midway between Bridge and Heustis Streets. Any person violating any provision of this subsection shall be fined as provided in section 1 - 4-1 of this code.(Ord . 1971 -8, 6-10-1971 , eff. 7-1 -1971 ; amd. 1994 Code) B. A "two hour parking" zone is hereby created on the north side of Hydraulic Avenue for one hundred fifty feet (150') commencing at its intersection with Route 47 and terminating one http://sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id= 16143&keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 10 of 12 hundred fifty feet ( 150') westerly thereof. (Ord . 1987-6, 5-28-1987) The section below has been affected by a recently passed ordinance, 2008-90 - PROHIBITING PARKING . Go to new ordinance. 6-2-5: PARKING PERMIT FOR THE HANDICAPPED : A. Permit Created: There is hereby created a special permit to identify handicapped individuals and to designate identified vehicles used to transport said handicapped individuals . The permit shall be known as the handicapped identification permit. The handicapped identification permit shall be issued to those individuals who meet the definition in 625 Illinois Compiled Statutes 5/1 -159.1 . (Ord. 1981 -3, 2-12-1981 ) B . Application For Permit; Issuance: To obtain this permit, the applicant or representative must submit an application and all necessary certification to the city clerk. Upon approval of the permit application the city clerk shall issue said permit. This permit shall be issued to anyone so qualified residing within the city. (Ord. 1981 -3, 2-12-1981 ; amd . 1994 Code) C. Privileges Of The Permit: The privileges granted in said handicapped identification permit are as follows: 1 . The bearer of said permit may display said permit through the front windshield in the near center of any vehicle licensed as an automobile or truck with class A or B license. 2. The permit authorizes the vehicle to park in an authorized on street parking space for as long as a no parking prohibition does not exist. 3. Said permit does not waive the requirement that money be placed in parking meters, wheresoever the same may be located , or from keeping the meters from allowing time to expire during the parking duration. 4. The permit does not permit parking in "no stopping", and "no standing" zones in front of or near fire hydrants, driveways, public building entrances and exits, bus stops and loading areas, or in any area where the motor vehicle constitutes a traffic hazard , and any such motor vehicle may be removed at the instruction and request of the law enforcement officer to a location designated by such officer. 5. The permit does authorize the vehicle displaying said permit to park in any parking space specifically reserved for handicapped parking. (Ord . 1981 -3, 2-12-1981 ) D. Form And Terms Of Permits: 1 . Permit Form , Place Cards: All parking permits for handicapped parking shall be issued in http://sterling.webiness.com/codebook/getBookData.php?id=&cbapter_id= 16143&keywor... 12/412008 Sterling Codifiers, Inc. Page 11 of 12 the following form : a. All place cards will be three inches by nine and three-eighths inches (3" x 93/8') in size; and b. Permanent place cards for those who qualify for permanent disability pursuant to state statute shall have a blue background with white lettering; and c. Temporary place cards for those who qualify for temporary disability pursuant to state statute shall have a red background with white lettering; and d. All place cards shall be of hanging style from rearview mirrors, two (2) sided, have the international symbol of access at least three inches (3") in height and centered on the place card , have an identification number at least one inch (1 ") in height, and have the identification of the issuing authority; and e. The place card shall be hung on the rearview mirror. Dashboard or visor placement is allowed when no rearview mirror is available. 2. Duration Of Permits: All permanent disability permits shall be issued for a period of two (2) years; all temporary disability permits shall not be issued for a period in excess of ninety (90) days, subject to renewal for a like period upon showing of the continued disability. (Ord . 1994-3, 2-24-1994) The section below has been affected by a recently passed ordinance, 2008-74 - GENERAL PENALTY. Go to new ordinance. 6-24: RESTRICTIONS ON OVERNIGHT PARKING AND COMMERCIAL VEHICLE PARKING : A. Limitation On Parking Of Second Division Vehicles: No second division vehicle, including contractors' trailers and equipment, except those with a license classification of A or B under the provisions of the Illinois vehicle code shall be parked for a period longer than one hour on any public street in a residential district, except where making a delivery or rendering a service at such premises. B. Fine: Twenty five dollars ($25 .00) per violation. (Ord . 2006-39, 5-9-2006) 6-2-7 : TOWING ILLEGALLY PARKED VEHICLES : A. The police department, and all members thereof assigned to traffic duty, are hereby http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id= 16143 &keywor. .. 12/4/2008 Sterling Codifiers, Inc. Page 12 of 12 authorized to remove and tow away, or have removed and towed away by commercial towing services , any car or other motor vehicle illegally parked in any place where such parked motor vehicle creates or constitutes a traffic hazard , blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicle. B. Any car or other motor vehicle illegally parked within or upon any street or alley heretofore designated by the city to be a "no parking" zone or area where parking thereon is prohibited , may also be removed and towed away as herein provided. (Ord . 1974-73, 11 - 14-1974; amd . Ord . 2005-95, 12-13-2005, eff. 3-1 -2006) 6-2-8: PENALTIES : If a parking violation ticket is issued for violation of any ordinance of the city prohibiting parking in an area, and upon issuance of a notice to appear or a warrant for the arrest of the violator, and upon a plea of guilty thereon, a fine shall be assessed of ten dollars ($10.00). (Ord . 1978- 6, 6-22-1978; amd. 1994 Code; Ord . 2005-95, 12-13-2005, eff. 3-1 -2006) littp://sterling.webiness.com/codebook/getBookData.php?id=&cbapter_id=l 6143&keywor... 12/4/2008 Sterling Codifiers, Inc. Page 1 of 10 Disclaimer: This is provided for informational purpaSeS only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy.. the official hard copy Nvill prevail . Ordinance No. 2008-74 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (the "City') is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Mayor and City Council of the City have determined that it is in the best interests of the City to implement Administrative Adjudication; and, WHEREAS, pursuant to Section 1 -13-10 of the City Code, the Administrative Adjudication process allows a Hearing Officer to impose a fine or penalty according to his or her best judgment, if no fine or penalty is expressed in the City Code, but in no event more than $750.00 per day. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 1 , Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : GENERAL PENALTY: Whenever in this City Code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this City Code, or whenever in this City http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2003 Sterling Codifiers, Inc. Page 2 of 10 Code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this City Code, where no specific penalty is provided therefor, the violation of any such provision of this City Code is provided therefor, the violation of any such provision of this City Code is hereby declared to be an offense and shall be punishable by a fine not to exceed seven hundred fifty dollars per day ($750.00). ( 1994 Code) Section 2. Title 3, Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection G . Section 3. Title 3, Chapter 4, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: All licenses granted by the Mayor or City Council for exhibitions, musical entertainments, circuses, theatrical performances, panoramas and all other shows and exhibitions where a license is required , shall contain a clause that no gaming, raffle, lottery or chance gift distribution of money or articles of value shall be connected therewith , nor allowed by the person obtaining said license, or in anywise permitted to hold out as an inducement to visitors; and when any person or persons shall be charged by a credible person with having violated the provisions of his or her license as aforesaid , the Mayor is directed to give the parties accused reasonable notice thereof and inquire into the truth of said charges, and if the accusation be sustained, he shall declare the license of such person or persons forfeited and revoke the same. (RO 1882 , Ord. , 6-18-1881 ; amd . 1994 Code) Section 4. Title 3, Chapter 4A of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 11 . Section 5. Title 3, Chapter 4B of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 11 . Section 6. Title 3, Chapter 4C, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection A. Section 7. Title 3, Chapter 5A, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 3 of 10 Any violation of any section of this Article, or any fraud or deceptive practice shall be deemed grounds for the immediate dismissal of any seller, person , firm, or corporation from the marketplace by order of the City Recreation Director. (Ord. 1998-19, 5-28-1998) Section 8. Title 3, Chapter 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 5. Section 9. Title 3, Chapter 11 , Section 14 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Each day of violation shall constitute a separate and punishable offense. (Ord . 98-26, 8-27- 1998) Section 10. Title 4, Chapter 1 , Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection C in its entirety and replacing it with the following: C. A person who shall neglect, fail or refuse to abate such nuisance after notice thereof, whether said notice be verbal or in writing , shall, for each twenty four (24) hours thereafter during which said nuisance continues, be subject to a like penalty as that originally incurred . (Ord. 1970-54, 3-12-1970; amd. 1994 Code) Section 11. Title 4, Chapter 2A, Section 7 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Imposition of any penalty for a violation of this Article shall not be construed as a waiver of the right of the city to collect the costs of removal of such nuisances in accordance with the provisions of this Article, where it is necessary for the City to remove such nuisances in accordance with the provisions hereof. (Ord. 1958-40 , 6-12-58 ; 1994 Code) Section 12. Title 4, Chapter 3, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: littp://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 4 of 10 Any person who shall neglect, fail or refuse to abate or remove such nuisance after notice thereof shall, for each twenty four (24) hours thereafter during which said nuisance continues , be subject to a like penalty as that originally incurred . (Ord . 1970-54, 3-12-70; 1994 Code) Section 13. Title 5, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 8 . Section 14. Title 6, Chapter 1 , Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C. Section 15. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A-3b(2). Section 16. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A-4. Section 17. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B-5. Section 18. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : The provisions of this section regulating the parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergency duties, nor shall such provision apply to persons actually engaged in repairing or otherwise improving the streets under the authority of the city council or the state, nor shall the provisions of this subsection apply to the intermittent standing of any vehicle in said prohibited area when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (Ord . 1974-66, 9-12-1974) Section 19. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled 'BEAVER STREET' in its entirety and replacing it with the following : http://sterling.webiness.coin/codebook/getBookData.php?pending_id=46; 1214/2008 Sterling Coditiers, Inc. Page 5 of 10 There shall be established "no parking" zones on the south side of Beaver Street, the east side of Badger Street, the west side of Deer Street, and the north side of Wolf Street in the Fox Industrial Park. (Ord. 2001 -38, 6-28-2001 ) Section 20. Title 6 , Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "COLONIAL PARKWAY" in its entirety and replacing it with the following: A "no parking" zone on the north side of Colonial Parkway between Illinois Route 126 and Illinois Route 47. (Ord . 2000-58, 11 -9-2000) Section 21. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "HILLCREST AVENUE" in its entirety and replacing it with the following : A "no parking" zone shall be established on portions of Hillcrest Avenue, from the centerline of the intersection of Hillcrest Avenue with Sunset Avenue, one hundred fifty seven feet ( 157') west to a distance of one hundred fifty nine feet (159') east from the intersection of Hillcrest Avenue and Center Parkway as depicted in the drawing attached to ordinance 1995-18 on file in the office of the city clerk, incorporated herein by reference and made a part hereof as Exhibit A, and from the centerline of Center Parkway West six hundred fifty two feet (652') west, and two hundred seventy feet (270') going south to the centerline of the intersection of Hillcrest Avenue and Leisure Street as depicted in said drawing incorporated herein by reference and made a part hereof as Exhibit A. (Ord . 1995- 18, 6-22-1995) Section 22. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "ILLINOIS ROUTE 47" in its entirety and replacing it with the following : A. Parking will be prohibited on both sides of Illinois Route 47 extending five hundred feet (500') both north and south of Cannonball Trail Road . B . There shall be no parking along the west side of Route 47 (park side) from West Main Street to West Center Street during the hours of one o'clock ( 1 :00) A.M . to five o'clock (5:00) A.M. Section 23. Title 6 , Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "MILL STREET" in its entirety and replacing it with the following : A. A "no parking" zone shall be established on the east side of Mill Street running northerly from Route 126 to the intersection of Walter Street. (Ord. 1995-17, 5-25-1995; amd . Ord. 2001 -37, 6- 14-2001 ) B. A "no parking" zone on the paved/hard surface on both sides of Mill Street between Van Emmon Road and Fox Street, in Yorkville. The public works department is directed to prepare and install "No Parking" signs at this location. (Ord . 2001 -37, 6-14-2001 ) Section 24. Title 6 , Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 6 of 10 is hereby amended by deleting paragraph titled "SYCAMORE ROAD" in its entirety and replacing it with the following: A. Parking will be prohibited on both sides of Sycamore Road from U .S. Route 34 to three hundred feet (300') south. B. A "no parking" zone shall be created on the east and west of Sycamore Street between Route 34 and John Street. (Ord . 2005-67, 8-9-2005, eff. 8-9-2005) Section 25. Title 6, Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "U.S. ROUTE 34" in its entirety and replacing it with the following: A. Parking will be prohibited on both sides of U .S. Route 34 for the length of eight hundred feet (800') both east and west of Sycamore Road . (Ord. 1998-24, 8-13-1998) Section 26. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WALNUT STREET" in its entirety and replacing it with the following: Parking will be prohibited on both sides of Walnut Street from Illinois Route 47 (Bridge Street) to one hundred fifty feet ( 150') east. (Ord . 1997-9 , 4-10-1997) Section 27. Title 6, Chapter 2 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST CENTER STREET" in its entirety and replacing it with the following: There shall be no parking on the south side of West Center Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Center Street during the hours of one o'clock ( 1 :00) A. M. to five o'clock (5:00) A.M. Section 28. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST JOHN STREET" in its entirety, and replacing it with the following: A "no parking" zone on West John Street from Cannonball Trail to its terminus between the Kendall County courthouse and jail. (Ord . 1999-24, 12-2-1999) Section 29. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST MAIN STREET" in its entirety and replacing it with the following: There shall be no parking on the north side of West Main Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Main Street during the hours of one o'clock ( 1 :00) A.M. to five o'clock (5:00) A. M. (Ord . 2000-30 , 6-22-2000) Section 30. Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A3. littp://sterl ing.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 7 of 10 Section 31. Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B3. Section 32. Title 6, Chapter 2, Section 3, Subsection C of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following : 1 . Prohibited Parking Areas Described: A "no parking" zone shall be created on any grassy area of the Beecher Community Building property located at 908 Game Farm Road . 2. The city shall be allowed the right to tow any vehicles from said "no parking at any time" zone, that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord . 1991 -8, 4-25-1991 ) Section 33. Title 6, Chapter 2 , Section 3, Subsection D of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following : 1 . Prohibited Parking Areas Described : Parking shall be prohibited on all city parkways in the area between the curb and sidewalk area, at all times. 2. The city shall be allowed the right to tow any vehicles from said "no parking" zones that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord. 1991 -8, 4-25-1991 ) Section 34, Title 6, Chapter 2, Section 3, Subsection F of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following : Parking of Nonmotorized Vehicles: There shall be no parking permitted on city rights of way or city streets, for detached nonmotorized vehicles of any kind, including , but not limited to, trailers, semitrailers, utility trailers, construction equipment, and any other detached nonmotorized type vehicle except for construction or business nonmotorized vehicles that are parked at an active construction site ("active" being defined as "work is being conducted at the location on the same day") in which case the nonmotorized vehicle may be parked during daylight hours, must be removed before dark and must be secured by chocks upon both left and right side tires and shall be identified by cones, placards or other http://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 8 of 10 warning device placed both in front and behind the nonmotorized vehicle. (Ord. 2006-45, 6- 13-2006) Section 35. Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection G-4. Section 36, Title 6, Chapter 2, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: A. The following areas shall be designated for two (2) hour parking and no vehicle shall be parked upon said designated areas for more than two (2) consecutive hours between the hours of six o'clock (6:00) A.M . and eight o'clock (8 :00) P.M. daily, including Sundays and holidays: City parking lot contiguous to Van Emmon Street on the south and an alley running northerly between Van Emmon Street and Hydraulic Avenue, said city parking lot being more fully described as follows: commencing in the Southwest corner of Lot 6 in Block 12 of Black's Addition to the City of Yorkville; running thence northerly along the east line of an alley, 87 feet; thence easterly along the north line of said Lot 6, 57 feet; thence southerly 87 feet, more or less, to the north line of Van Emmon Street; thence westerly along said Van Emmon Street, 57 feet to the point of beginning , in the City of Yorkville, Kendall County, Illinois. (Ord . 1971 -8, 6-10-1971 , eff. 7-1 -1971 ) Van Emmon Street, between the east line of an alley running between Van Emmon Street northerly to Hydraulic Avenue and midway between Bridge and Heustis Streets. B . A "two hour parking" zone is hereby created on the north side of Hydraulic Avenue for one hundred fifty feet (150') commencing at its intersection with Route 47 and terminating one hundred fifty feet (150') westerly thereof. (Ord . 1987-6, 5-28-1987) Section 37. Title 6 , Chapter 2 , Section 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B . Section 38. Title 6, Chapter 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 8 . Section 39. Title 6, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 7. Section 40. Title 7, Chapter 1 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following : littp://sterling.webiness.com/codebook/getBookData.php?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 9 of 10 All trees hereafter placed upon or along any sidewalk in the city shall be placed six feet (6') from the outside of the street or back of curb and at least fifteen feet ( 15') apart. (RO 1882, Ord. , 7-14-1881 ; amd . 1994 Code) Section 41. Title 7, Chapter 4, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection E in its entirety and replacing it with the following: Animal Biting Person: It shall be unlawful for any person to have a dog or any other animal bite or otherwise injure a person . Section 42. Title 7, Chapter 5, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C-2. Section 43. Title 7, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 14. Section 44. Title 8, Chapter 1 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection D. Section 45. Title 8, Chapter 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 7. Section 46. Title 8, Chapter 3, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: No such person shall be liable for the penalty herein provided until after he has received a notice from the City Clerk, by mail or in person, of the fact that a building owned or occupied by him does not have the proper number to comply with this chapter. littp://sterling.webiness.com/codebook/getBookData.plip?pending_id=463 12/4/2008 Sterling Codifters, Inc. Page 10 of 10 Section 47. This Ordinance shall be in full force and effect upon its passage, approval , and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 26th day of August, A.D. 2008. Jacquelyn Milschewski, City Clerk ROBYN SUTCLIFF aye JOSEPH BESCO aye ARDEN JOSEPH PLOCHER aye WALLY WERDERICH We GARY GOLINSKI --- MARTY MUNNS aye ROSE ANN SPEARS aye BOB ALLEN aye Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 26th day of August, 2008. Valerie Burd, Mayor http://ster ling.webiness.com/codebook/getBookData.plip?pending_id=463 12/4/2008 Sterling Codifiers, Inc. Page 1 of 1 This section has been affected by a recently passed ordinance, 2008-36 - ADMINISTRATIVE ADJUDICATION . Go to new ordinance. 7-4-12: RESTRICTIONS TO VEHICLE PARKING : A. Public Nuisance; Towing Away: Any vehicle parked or standing on City park property in violation of any law, ordinance, or rule is hereby declared to be a public nuisance. Such vehicle may be removed and the owner or person entitled to possession of the vehicle shall be liable for all towing, storage and other charges arising out of any action taken hereunder. B. Parking On Sod Or Dirt: No person shall park or drive any vehicle on City park property on any area covered by sod , dirt or other areas not designed for such traffic or usage unless permitted to do so by the Director of Public Works or City Police Department, without a written permit from the City. C. Posted Areas: No person shall drive or park any vehicle in any area which is posted to prohibit or restrict such. D. Vehicles Obstructing Traffic Or Boat Landings: No vehicle may be left unattended on any roadway on City park property or obstruct a boat landing or traffic. E. Handicapped Parking Areas: No person shall park a vehicle on City park property in a handicapped reserved space unless such vehicle is clearly marked by a handicap sign or license plate duly issued by the State or local government body. F. Prohibited Parking Areas: No person shall park any vehicle adjacent to a curb painted yellow which shall constitute a prohibited parking area. G. Vehicles Or Animals On Sidewalks: No person shall drive a vehicle or ride an animal on any sidewalk on City park property. H . Violation; Fines: Parking violations shall be paid within five (5) days of issuance, at a fine set by the City. All fines unpaid after five (5) days shall be subject to a penalty, and processed within the court system or other measures of collection as approved by the City. I. Registered Owner Responsible For Fine: It shall be the responsibility of the registered owner of any vehicle parked in violation of this Section to comply with the payment of the prescribed fines, and it shall not be an affirmative defense that the vehicle was not under his/her control at the time of violation. J. Current Use Of Facilities: No person shall allow a vehicle to be parked on City park property while the operator or occupants are not currently using the facilities of the City or participating in its programs, or during the hours the facility is closed to the public. (Ord. 1995-11 , 4-13-1995) http://sterling.webiness.coin/codebook/getBookData.php?id=&section_id-135734&keywo.. . 12/5/2008