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Zoning Commission Packet 2009 03-25-09 Cyr o United City of Yorkville -0 800 Game Farm Road EST. 1 ` 1836 Yorkville, Illinois 60560 1 Telephone: 630-553-4350 C...ty ea, y Fax: 630-553-7575 Kendal County <`E AGENDA ZONING COMMISSION MEETING Wednesday, March 25, 2009 7:00 P.M. City Hall Council Chambers 800 Game Farm Road 1. Introductions 2. The Task and Role of the Zoning Commission 3. Review Draft Timeline 4. Review Comprehensive Plan/ Land Use Recommendations 5. Review Zoning Ordinance Assessment Report and Tables 6. Schedule Next Meeting Dates Zoning Commission - 2009 Member Affiliation Mike Crouch (Chair) Plan Commission Jeff Baker Zoning Board of Appeals Greg Millen Chamber of Commerce/Business Owner Ralph Pfister Yorkville-Bristol Sanitary District Gary Neyer Residential Developer/Builder Phil Haugan Banker/Financial Pete Huinker Engineer AI Green Green Committee Zoning Ordinance Update Draft Zoning Commission Tasks/Timeline—Prepared March 2009 Phase I - Assessment— 1-2 Months (complete by April) • Assessment of the existing Zoning Ordinance. • Review of State Statute authorities and other City development regulations to ensure all documents are consistent. • Identify ordinance provisions in need of modification and/or further evaluation Phase II —Content and Format— 1-2 Months (complete by June) • Identify any new Zoning Districts necessary to create • Identify any new zoning styles to implement (form-based, overlays, performance) • Determine the format, including chapter/section outline of the Document Phase III — Document Drafting—4-6 Months (complete by December) • Draft sections of the new document • Zoning Districts/Classifications Uses • Regulatory Sections (parking, setbacks, standards) • Administrative Sections Phase IV—Adoption Process—2-3 Months (complete by March 20 10) • Conduct Public Hearing • Adjust Document accordingly • Prepare Final Document and Recommendation to City Council United City of Yorkville Zoning Ordinance Assessment: Prepared by Staff January 2009 The purpose of this assessment report is to inform the Zoning Commission of deficiencies, identified by staff, in the current Zoning Ordinance and highlight areas of the Ordinance that may need special attention as the Zoning Commission works toward recommending updates to the Ordinance. The report is divided into two parts. Part I is a summary of the zoning authorities provided to municipalities by the Illinois Compiled Statute and reports what authorities are currently exercised and some that are not. Part II of this report describes specific portions of the current Zoning Ordinance (by Ordinance section) that staff recommends the updated ordinance address differently. Part I—Statutory Powers/Purpose Illinois Compiled Statute 5/Article 11, Division 13 provides municipalities with the following powers (1-12) related to Zoning (paraphrased): Staff comments are italicized (1) to regulate and limit the height and bulk of buildings to be erected; Height Limits are regulated by Zoning District and listed on attached Figure 1. Bulk Limits are regulated in various ways by the current Ordinance including, allow exceptions from calculations (parapet walls, chimneys, cooling towers, elevator bulkheads,fire towers, stacks and necessary mechanical appurtenances), and through floor area ratio requirements for Manufacturing Districts. Accessory Building height, Airport structures, is regulated by Chapter 3. (2) to establish, regulate and limit the building or set-back lines on or along any street, traffic-way, drive,parkway or storm or floodwater runoff channel or basin; Set-back lines are regulated by Zoning District (see Figure 1),flood plain area and fringes (Chapter 5). (3) to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces,within and surrounding such buildings; Open space on lots regulation exists within Chapter 3. Intensity and use of lot area is regulated by Zoning District. R-3 and R-4 specifically regulate the density of units within a zoning lot. (4) to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial,business, residential, and other uses; 1 FIGURE 1 United City of Yorkville ZONING ORDINANCE DIMENSIONAL REQUIREMENTS Setbacks Minimum Lot Lot Dwelling Unit Zone Zoning District Maximum Density Size Lot Width Coverage Front Side* Rear Max.Height Max.Height Church Max.Height F.A.R. E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' R-1 Residential 18,000 s ft 100' 25% 40' 15'(40') 50' 30' R-2 Residential 12,000 s ft** 80'** 20% 30' 10'(30') 40' 30' R-2 Duplex 15,000 s ft*** 100'*** 30% 30' 10'(30') 30' 30' R-3 Residential 5 per acre max.6 units per building) 9,000 s ft 70' 90'for attached units 30% 30' 10'(20') 30' 80'(6 stories)***** 30' 2.5 stories 45'structure/75'steeple R4 Residential 8 per acre 15,000 s ft 70' 90'for attached units 30% 30' 12'or 60%of bld h t 20' 40' 1 80'(6 stories)***** 30' 2.5 stories 45'structure/75'steeple O Office 20,000 s ft 50% 30' 10'(20') 20' 80'(6 stories)***** B-1 Limited Business 10,000 s ft 50% 1 30' 20' 20' 80'(6 stories)***** B-2 General Business 10,000 s ft 80% 0' 20'(30') 20' 80'(6 stories)***** B-3 Service Business 10,000 sqft 50% 50' 20' 30' 20' 80'(6 stories)***** B-4 Business 10,000 s ft 50% 50' 20'(30') 20' 80'(6 stories)***** M-1 Limited Manufacturin 60% 25' min 10%of lot and max.20' .8 max. M-2 General Manufacturing 60% 25' min 10%of lot and max.20' 85 max. A-1 i 100'**** 50' Dimensions within Q=requirement for side yards adjoining a street Lots with private wells and/or private sewage minimum 1 acre and 125'width Lots with private wells and/or private sewage minimum 1.5 acres and 150'width ****200'along 34 and 47 ***If property is located in the Downtown Area(see map below),Max.Height is 35'or 3 stories Note:For special uses refer to Zoning Ordinance Downtown Height Limit Area i - 47 }T 4 k y f �O tb ❑ 4 46 AI 0 C2 El fl E� Q m to Q co C]tom° v za, n a rr+P= o to 9fj trQA rip 0 a 4 p Q D7 ° ata ra P M c7 4 Ln t3 O LI f t f �1L7 f 1 QC� Q / Fob EV LJd i•7� tr L7 CLd 4] '��4a�q \ _.�a�.0 Z?Q L7 Ci 9 ill Ci hiogtp- Q ° m d 0a 9 Q C. c D D g r_> p 13 Q 4 Locations of trades/industries (uses) and buildings by type of use is regulated by zoning district. (5)to divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of ILCS Division 13; The City Zoning Map along with the Zoning District regulations of the Ordinance provides this. (6) to fix standards to which buildings or structures therein shall conform; Standards for buildings and structures are not included in the current Zoning Ordinance. The City Appearance Code (Municipal Code Title 8 Chapter 15, and the design guidelines recommended by the Comprehensive Plan currently serve as this tool. (7) to prohibit uses, buildings, or structures incompatible with the character of such districts; The Zoning Districts list Permitted Uses and Chapter 3, Section 11 states any use not specifically listed shall be assumed to be expressly prohibited(unless a written decision of the plan commission determines "the use is similar to and not more objectionable than uses listed. " Note: other municipalities have provisions clearly stating with such written decision, no formal amendment of the ordinance is necessary. (8) to prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under ILCS Division 13; Chapter 1, Section 4 includes provisions requiring additions, alterations and remodeling of buildings to adhere to the Zoning Ordinance regulations. (9) to classify, to regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household; Family is defined as ILCS allows with the addition of"a group of not more than S persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including clubs, sororities,fraternities or similar organizations. " 2 (10) to regulate or forbid any structure or activity which may hinder access to solar energy necessary for the proper functioning of a solar energy system, as defined in Section 1.2 of the Comprehensive Solar Energy Act of 1977; No provision specifically addresses this power within the current Ordinance. (11) to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing; and No provision specifically addresses this power within the current Ordinance. Note: According to the Inclusionary Zoning (IZ) Strategy Report prepared by CMAP June 2008, convention dictates that, to be deemed "affordable" (as established by US HUD and IHDA) rental units should be available to those earning up to 60 percent of the Area Median Income (AMI); and ownership should be available to those earning up to 80 percent of the AMI. Additionally, a household should not be expected to pay more than 30 percent of its income toward rental housing or three times their annual salary for owner-occupied units. Based upon US Census Bureau statistics, the 2007 median income for Kendall County, Illinois was $74,539. Therefore, using the percentages above: The Yorkville affordable rental threshold is: (($74,539*.6)112)*.3 = $1,118/month The Yorkville affordable ownership threshold is: ($74,539*.8)*3 = $178,894 2007 median home value in Kendall County was $242,500. Some examples of Inclusionary policies cited by the 2008 CMAP report include: Highland Park, IL—requires developments of 5 or more units to set aside 20 percent as affordable. Lake Forest, IL—requires developments of 5 or more units to set aside 15 percent as affordable. The 2008 CMAP report concludes that IZ is more effective when tailored to the economic circumstances of individual cities and other housing and economic development policies must work in concert with IZ. (12) to establish local standards solely for the review of the exterior design of buildings and structures, excluding utility facilities and outdoor off-premises advertising signs, and designate a board or commission to implement the review process. 3 The City Appearance Code (Municipal Code Title 8 Chapter 15 currently serves as this tool). One and One-Half Mile Authority This authority is not applicable to the zoning ordinance. Yorkville does not have the ability to exercise zoning powers in the territory within one and one-half mile beyond the municipal boundary since Kendall County has adopted county zoning. Note that Yorkville does, however, have one and one-half mile authorities related to subdivision control and Kendall County has historically required zoning petitions within the one and one-half mile territory be reviewed by municipalities and have requested recommendations Non-Conforming Uses—Authority for Elimination The Statute allows municipalities to have provisions in a zoning ordinance regarding the "gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are made or located", including (but not limited to): (a) the elimination of such uses of unimproved lands or lot areas when the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; (b) the elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and (c) the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures. Chapter 10 of the current Zoning Ordinance addresses nonconforming uses and amortization of these uses. Nonconforming uses are required to be discontinued when: - any part of a building, structure or land occupied is changed to or replaced by a conforming use—once this occurs, the nonconforming use cannot be resumed. - The nonconforming use of a building or structure has been discontinued for a period of 12 consecutive months. - The nonconforming use where no enclosed building is involved has been discontinued for a period of 6 months. Elimination of nonconforming uses, buildings and structures was required by the current ordinance (beginning in 1974)was as follows: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed 4 after two (2)years. Note: This provision seems to be appropriate in the update- the dollar amount may need to be evaluated to ensure it is appropriate in 2009 dollars. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2)years.Note: this is not applicable to the update unless sign regulations are re-inserted to the Zoning Ordinance as part of the update. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10)years.Note: this is not applicable to the update unless sign regulations are re-inserted to the Zoning Ordinance as part of the update. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. Note: This provision seems to be appropriate in the update E. Any nonconforming house trailers shall be removed after a period of ten (10)years. Note: This provision should not be applicable assuming it was properly enforced in 1984. Staff will research to determine if any situations exist. F. In all residence districts, any use lawfully existing at the effective date hereof,but permitted only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Description of Use Amortization Period Uses permitted in the B-2 and B-3 15 years from the effective date Districts hereof Uses permitted only in the 8 years after the effective date manufacturing districts he Note: This provision will need to be evaluated once the permitted uses by district are updated. Repairs and Alterations: - Normal maintenance is allowable provided the use is not intensified 5 Structural alterations are permitted if required by law, when the alteration results in the elimination of the nonconforming use, or when improvements are made to residential nonconforming uses in residential districts that improve livability and there is not an increase to dwelling units or bulk of the building. Exemption for nonconformance within the current zoning ordinance: - Nonconforming dwelling structures in Residential Districts where the only nonconformance is the number of dwelling units. - Uses permitted in B-1 existing in any Residential District that occupy the 1 st floor within a multiple-family dwelling located on a corner lot. Note—staff will research to determine if this situation exists, and if not, it would not bean applicable/necessary provision. - Uses in any Business or Manufacturing District, lawfully permitted prior to current ordinance, where the use is less distant from a Residential District than that specified in the regulations for the District it is located within. - In any District—where the existing nonconformance is related to floor area ratio, lot area and lot area per dwelling unit, yard setbacks, off street parking, building height, gross floor area. Special Uses The current Zoning Ordinance defines Special Uses within most of the Zoning Districts and Classifications as well as prescribes an appropriate procedure for review and approval for Special Uses. However, the list of specific criteria listed as `standards' in the Zoning Ordinance (Chapter 14) is not specifically required by State Statute. The list is generally a good tool to refer to when considering Special Use requests, however, some standards are not always attributable to some special use requests. When the Special Uses are reviewed and updated, the standards should be evaluated and, if necessary, additional or unique standards should be created. Such unique standards may include requiring site plans and conditions to special uses be incorporated into the approving ordinances. Currently, approving ordinances simply states that yes, the special use was granted on the subject property which sometimes lead to future confusion. 6 Part II —Summary of Deficiencies Definitions— Chapter 2 - This section should reference a source to use if a term is not in the ordinance, like: o The APA `A Planners Dictionary', or o Webster's Dictionary, or both. - List should be elaborated to include all unique terms of the ordinance o Recent terms that should be included: sign ordinance terms, floodplain ordinance terns, etc. - Terms that should modified and/or listed elsewhere in the Zoning Code • Accessory use—doesn't need to list uses since this is covered by the Zoning District chapters. • Automotive Repair, Major and Minor—Other than in definitions the Zoning Code doesn't discuss Major and Minor Automotive repairs • Home Occupation—This should be moved to General Provisions where readers are more likely to look for these standards. • Loading and Unloading Space, Off-Street— Definition differs from standards found in Section 10-11-5B —needs to be made consistent. • Lot of Record—definition differs from Section 10-11-313 • Parking Space, Automobile—differs from Section 10-11-3C - Terns that may be out-dated: o Automobile Laundry— should be listed as Car Wash o Billboard —should be updated to be consistent with most recent case law and APA verbiage. Billboards are addressed (currently prohibited) in the Sign Ordinance o Boarding House—outdated term —regulated either by the `family' definition and/or hotel/motel terms o Building Line—should be consistent (maybe refer to) setback line o Cellar—outdated term — as defined would be considered a Lookout Basement by current terminology o City—need to update to the United City of Yorkville (no longer a Village) o Club or Lodge, Private—this term should be researched and updated. Additional terms and regulations regarding adult clubs should be included and addressed in the Ordinance update and should be consistent with most recent case law and APA verbiage. o Drive-in—outdated term. o Fallout Shelter. o Nursery School/Day Nursery—outdated terms— should be updated to Daycare Facility, term should also account for all ages, not just under 7 years old. o Planned Development—update to Planned Unit Development. o Sign—need to include all terms/definitions included in the current Sign Code (Municipal Code Chapter 11). 7 General Provisions— Chapter 3 Open Space on Lots — Evaluate and update. - Include location and size of decks? - Include location of bay windows? - Corner Clearance to include Alleys. Accessory Buildings — Evaluate and Update, consider adding regulations for Accessory Use/Structures - Section 10-3-5 Fencing— Evaluate and update. Sections: 10-3-2D1b and 10-3-7 Zoning Districts—Chapters 4-13 F-1 Flood Plain District (Chapter 5) The City adopted new Title 8, Chapter 7 of the Municipal Code in 2008 regarding regulation in Floodplain areas. The area subject to this regulation is determined by the Base Flood elevation as delineated by FEMA dated February 4, 2009. Although the current zoning ordinance does include a chapter and classification for a Flood Plain District, there is no territory in the City currently zoned F-1. Removal of this chapter from the Zoning Ordinance and relying on Municipal Code Title 8, Chapter 7 would be advisable. Permitted Use list for each District. Refer to attached Tables I and 2 for comments related to the Use Categories used by the current Zoning Ordinance, Table 1 - This Table lists Uses staff is recommending for further evaluation. The Comment column briefly describes the purpose for further evaluation, some terms are simply outdated, while others may not include a clear definition in the Ordinance. Table 2 - This Table includes each Use term found in the Zoning Ordinance District Chapter. The terms (or Use Category) has been sorted by land use types suggested by staff as being unique in terns of land use behavior. 8 Performance Standards: The standards for each use should be evaluated and updated as deemed appropriate. These provisions will be created as each category/use is solidified in the text within the appropriate District. Sources to refer to as these are prepared to ensure consistency include: Appearance Code, Standard Specifications for Improvements, Landscape Ordinance and the Comprehensive Plan Guidelines. Manufacturing Standards--need to make certain references to other sources are still current. New Districts: Evaluate current regulations and determine if additional districts are necessary based on Comprehensive Plan recommendations. Overlay Districts: Opportunities include: o Downtown— Businesses and Residential mix. o Route 47 Corridor (Route 126 to US 34) --Businesses in residential structures o Town Square Park vicinity o Historic District(s) o Others? Off Street Paring and Loading—Chapter 11 This Chapter was recently updated (2006) and is relatively current in terms of engineering principles and access management issues. Some items to consider as this chapter is evaluated include introducing Bike Rack standards and evaluating and updating Parking and Loading Ratios as necessary. Planned Unit Development—Chapter 13 This Chapter was also recently updated (2006) and is relatively current, however should be evaluated and updated/refined as necessary. Zoning Administration and Enforcement—Chapter 14 Consider adding Zoning Administrator orders/interpretations Consider removing Fees structure from Zoning Code Cell Towers—Chapter 15 Evaluate and Update—ensure that this code addresses current technologies Other New Sections The Plan Commission conducted a public hearing in January 2009 and recommended introducing Chapter 16—Wind Energy Systems to the Zoning Ordinance. The City Council is reviewing this recommendation. 9 TABLE 1 2onir49 Districts Residential [3usin ss Manufacturing AG Use Category Estate R-1 R-2 R-'� R t - 5-l F- -?, E ' "4•1 M-2 A-1 .•. Staff Comments/Draft Recommendations Accesso Uses P P P P P P P P P Expand to all Districts Agricultural P Create definition-create addition terms if necessary Airport S S S S S S S S S Evaluate-APA recommends use not near residential Art needlework and hand weaving P P outdated term-remove from ordinance Auction house P Evaluate-possibly expand to other Districts such as A-1 Automatic food service P P P outdated term-remove from ordinance Bakeries wholesale P P Clarify definition as wholesale/production-maybe allow retail as special use Bake retail P P P P Clarify definition as retail-determine appropriate amount of onsite production Bed and Breakfast Inn S S S Evaluate-possibly expand to other Districts-consider parking needs Blueprint and Photostat shop P P P Clarify/update the term Evaluate-clarify/update terms and consider migrant workers in Agriculture Boarding and lodging houses S S District Boat launching ramp S S S S Typically an accessory use-consider removing term Bus terminals, bus garages,bus lots, street railway terminals or streetcar Evaluate-consider separating uses based on behavior and typical intensity of houses P P the various uses being very different Business machine repair P P outdated term-remove from ordinance Car wash without mechanical repair on the premises P P outdated terms-remove phrase-leave car wash as a term Catalog sales office P P P outdated term-remove from ordinance Club-Private indoor P P P P P S Combine terms. Evaluate and clarify the definition. Specify that these are not Club-Private outdoor P P P P S Adult uses and create new terms for Adult uses. Evaluate and create definition-large scale feeding operations should be Commercial feeding of fish, poultry, researched and appropriate criteria and conditions should be addressed within livestock S the ordinance Create definition-clarify difference in public(Beecher Center)verses private Community center P P P P P P (HOA clubhouse) Drive-in restaurant P P outdated term-remove from ordinance Dwelling units for watchmen P P Evaluate need-may be outdated term Fire station S S S S S S P P Expand to all Districts Frozen food locker P I P outdated term-remove from ordinance Garage-bus or truck P Create definition Separate terms-Hospital is a stand alone term and treatment center behaves Hospital or treatment center P P P P differently in many respects. Hotel P P P Combine with Motel Motel P P P Combine with Hotel Newspaper publishing P P I P Consider Districts permitted-behavior more similar to manufacturing uses Police station S S S S S S P P Expand to all Districts Post office P P P P Federal Use-no local authority-remove from Ordinance Pump sales P P outdated term-remove from ordinance Railroad passenger depot S Expand to all Districts Sanitary land fill S S Municipal zoning authority is not applicable to this use-remove from Ordinance ongoing discussions occurring with Plan Commission regarding updating mining Stone and gravel quarries S Iregulations Evaluate-consider removing from ordinance-could be interpreted as Storage of household goods P P miniwarehouse storage Telegraph office P P P P P outdated term-remove from ordinance Tourist Home S S Evaluate-consider combining with hotel/motel or bed and breakfast terms Trailer P P P P Evaluate-may be unnecessary term Typewriter-sales and repair P P P loutdated term-remove from ordinance TABLE 2 Commercial Uses with Outdoor Storage -. ZO UMsUis S ll std - Business _ _ ift no Agricultural implement sales and service I I 1 11 1 P P S Automobile painting, upholstering, re airin , reconditioning and bod & Fender repairing, when done in the confines of a structure P P Automobile rental P P P Automobile sales and service P P Boat rental and storage S S S S Boat sales P P Building material sales P I P Contractor facilities with outdoor storage S S Feed and grain sales P P Fertilizer sales with storage and mixture S Grain elevators and storage S Greenhouse P P S Heavy machinery and equipment rental business P P Kennel P P S Motorcycle sales and service P P Nursery P P S Orchard P P Recreational vehicle sales and service P P Riding academies and stables S Storage and sale of trailers,farm implements and other similar equipment on a open lot P P Storage of flammable liquids,fats or oil in tanks each of 15,000 gallons or less capacity P P Trailer rental P P Truck rental P P Truck sales and service P P Truck, truck tractor, truck trailer, car trailer or bus storage yard-not include motor freight terminal P P Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature, ready mix batch plants, and asphalt manufacturing plants S S Commercial Uses with Entertainment or Event Activitie', �Alif DMSM�tC� -- -ResMrMal Manufta[ n Amusement park S S S S S Arena S S S Auditorium P P P S S Billiard parlor P P P Bowling alley P P P Dance hall P P P Golf Course P P P P P P S Golf driving ran 2e P P S Gymnasium P P P P Health club or gymnasium P P P Miniature golf P P S Mortuary-funeral home P P P P Park-commercial recreational P P Parks P P P P P P P P P P P Playground P P P P Recreational cam - private S Recreation center P P P P P P Skating rink P P Sorts arena P P Stadium S S S S S Swimming pool-indoor P P P P Tavern-nightclub S S S S S S Tennis club P P P P Tennis court-indoor P P Theater P P P Institutional Uses nine lE#Ma Omni Bus S Masuf ctudng . Ag TWO f ice .. 2 - - Cemetery S S S S S S S Church P P P P P P P P P P S Convent P P P P P P S Eleemosynary institution S S S S S S S Hospital S S S S S S P P P P S Institution foraged S S S S S S S Institution for children S S S S S S S Library P P P P P Monastery P P P P P P S Nursing home S S S S S S S Philanthropic institution S S S S S S S Rest home S S S S S S S Sanitarium S S S S S S S Seminary P P P P P P Educational �cirning fifatrt+ - R•sitlenual Man arfa 91—ft fW R-4 College S S S S S S P P P P P S Commercial school, trade school P P P P P School P P P P P P coos, day or nursery, public or pnvate S S S S S S Page 1 of 4 TABLE 2 .. ._ ware ---- iROe>a I B�tasitir - - - t�� f� na _ MW - Advertising displays P P Any manufacturing that can operate in compliance with perfor mance standards of 10-8-1 P P Apparel and other products manufactured from textiles P P Awnings,venetian blinds P P Beverages-nonalcoholic P P Blacksmith or welding shop S Books- hand binding and tooling P P Bottlina works P P Brushes and brooms P P Cameras and other photographic equipment and supplies P P Canning and preserving P P Canvas and canvas products P P Cement block manufacturing S P Ceramic products-such as pottery and small glazing the P P Cleaning and dyeing establishments when ha dling more than 1,500 pounds ofd ry goo ds per day P P Clothing-manufacturing P P Cosmetics and toiletries P P Creameries and dairies P P Dentures- manufacturing P P Drugs- manufacturing P P Electrical appliances-manufacturing P P Electrical equipment assembl P P Electrical supply manufacturing P P Food products-processing P P Fur goods-not including tanning and dyeing P P Glass products from previously manufactured lass P P Hair, felt and feather products P P Hat bodies of fur and wool felt P P Hosiery-manufacturing P P House trailers, manufacture P P Ice, natural P P Ink mixing and packaging and inked ribbons P P Jewel -manufacturing P P Laboratories P P Laundries P P Leather products- not including tanning and dyeing P P Luggage-manufacturing P P Machine shop tools, die and pattern making P P Meat products I S S Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing and heat treatment P P Metal stamping and extrusion of small produc ks P P Milk processing and distribution S Musical instruments P P Orthopedic and medical appliances P P Paper products P P Perfumes and cosmetics P P Pharmaceutical products P P Plastic products-not including manufacturing of the raw materials P P Precision instruments P P Printing and newspaper publishing P P Products from finished materials P P Rubber products P P Silverware manufacturing P P Soap and detergent packaging P P Soldering and welding P P Sporting and athletic equipment-manufacturing P P Statua , mannequins, figurines excluding fou dry aerations P P Textiles-manufacturing P P Tool and die shops P P Tools and hardware-manufacturing P P Toys-manufacturing P P Umbrellas-manufacturing P P Upholstering bulk P P use with flammable products limited to 12,000 gallons per tank not to exceed 50,000 gallons per zoning lot S P Vehicles, children's, P P Watches-manufacturing P P Wholesaling and warehousing- Local cartage express facilities -not including motor freight terminal P P Wood products P P Professional Service Uses] Advertising agency P P P P P Animal hospital S Appliance-service P P Barber shop P P P P P Beauty shop P P P P P Bookkeeping service P P P P P Carpet and rug cleaning P P Catering Service P P Clothes-pressing and repair P P P P Contractor offices P P Daycare S S S S Prohib%ad S N.Nwed S P.h,biLed S S Detective agency P P P P P Dressmaker-seamstress P P P P Page 2 of 4 TABLE 2 Professional Service Uses • Buefness JiMumuftcWnp A9 Employment office P P P P P Engineering office P P P P P Furniture repair and refinishing P P Government office P P P P P Income tax service P P P P P Insurance office P P P P P Interior decorating studio P P P Locksmith P P P Medical clinic P P P P P Photograph studio P P P P Professional building P P P P Professional offices P P P P P Public accountant P P P P P Radio and television studios P P P Real estate office P P P P P Reducing salon, masseur and steam bath P P P Repair of household or office machinery or a ui ment P P Shoe and hat repair P P P P Stenographic service P P P P P Stock broker P P P P P Taxidermist P P P Title company P P P P P Travel agency P P P P P Upholstery shop P P Utility office P P P P P Veterinary clinic P P Watch and clock sales and repair P P P Weaving and mending-custom P P P Manufacturing agent's office I P P P P P Retail Service Uses Zi+vf1 1>3i8tt . man ufactudn�,; l� P} 77 !� Agricultural product sales S Animal feed storage, preparation, retail S Appliances-sales P P P Army/Navy Army/Navy surplus P P P Art gallery-art studio sales P P P Art supply store P P P Automobile accessory store P P P Bank S S S S S Bicycle shop P P P Bookstore P P P P Camera shop P P P P Carry-out food service P P P Cigar, cigarette and tobacco store P P P P Clothing store-all types P P P Credit union S S S S S Department store P P P Discount store P P P Drugstore P P P P Dry qoods store-retail P P P Electrical equipment sales P P Floor covering sales P P P Florist sales P P P P Fruit and vegetable market-retail P P P P Furniture sales- new/used P P P Gasoline service station S S S S S Gift shop P P P P Grocery store-supermarket P P P P Hardware store P P P Health food store P P P P Hobbyshop P P P P Household furniture shop P P P P Ice cream shop P P P P Jewel -retail P P P P Junior department store P P P Laundry, cleaning and dyeing-retail P P P P Leather goods P P P Liquor store S S S S S S Magazine and newsstand P P P P Meat market P P P P Music, instrument and record store P P P Office equipment and supply sales P P P Paintlwall a er store P P P Pawnshop P P P Personal loan agency P P P Pet store P P P Picture frame store P P P Plumbing supplies and fixture sales P P Restaurant P P P P Savings and loan association S S S S S Sporting oods P P P Stationery P P P Ticket office P P P P P Toy store I P P P Page 3 of 4 TABLE 2 Retail Service Uses (CONTINUED) -� long 11$>"Cft Rtdnli Business Mai riM : Aa. Variety store P P P S S S S Antique Sales P P P P Cafeteria diner P P P P Coffee shop P P P I P P Residential Uses Zang a1strIeft__.. rd�ritat - - ll3stie cturino _ F3 7 _ {k1 M t -2 A Home Occupations P P P P P P S S Mobile Home Park P S S S S S (-bu&owes f-Wmnss+ O b i�,buL - rm b.srves. Irn buwy�. Multiple-family dwellings P P aa9' bdgr ��r Mdgi nazi weg, One-family detached dwellings P P P P P P P Rectories and parish houses P P P P P P Two-family semidetached(duplexes) - - - P P P Zn1�ing JDI$WC'ts Eu s ctW ag Ag: - - - &A _ 01 5--1 5V 57 1 iii:2 A_ -I Marina S S S S S Motor freight terminals S S Railroad repair shops, maintenance buildings nd switching yards S S Railroad rights of way S S S S S S S Taxicab garage I P L P Utility Uses 131ng Iftbleft I MIN > ef+ ari#fiuI - _. B41S1gs� _ Maufdtpl`Ylig; Ag Communications use S Electric substation S S S S S S P P P P P P S Filtration plant S S S S S S I P P S Public Utility electric substations and distribution centers, gas re ulations centers and under round gas holder stations P P S Public utility facilities P P P P P P S Radio and television towers, commercial S S S S S S P P S Sewage treatment plant S S S S S S P P Solid waste disposal site S S S S S S S Telephone exchange S S S S S S P P Utility company maintenance yard P Utility service yard or garage P Water pumping stations P P P Water reservoirs P P P Page 4 of 4 Sterling Codifiers, Inc. Page ] of 3 Chapter 1 ZONING PURPOSE AND INTERPRETATION 10-1-1 : TITLE: This Title, including the Zoning District Map made a part hereof, shall be known, cited and referred to as the YORKVILLE ZONING ORDINANCE. (Ord. 1973-56A, 3-28-74) 10-1-2: INTENT AND PURPOSE: This Title is adopted for the following purposes: A. To promote and protect the public health, safety, morals, comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D. To provide adequate light, air, privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and to protect the public health; F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas; G. To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; I. To prevent additions to, or alteration or remodeling of, existing buildings imposed hereunder; http://sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id=16175&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 3 J. To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles; (Ord. 1973-56A, 3-28-74) K. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; L. To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them; M. To conserve the taxable value of land and buildings throughout the City; N. To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and O. To define and limit the powers and duties of the administrative officers and bodies as provided herein. (Ord. 1973-56A, 3-28-74) 10-1-3: INTERPRETATION: A. Minimum Requirements: The provisions of this Title shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare. B. Relationship with Other Laws: Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. C. Existing Agreements: This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Title shall govern. (Ord. 1973-56A, 3- 28-74) http://sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id=16175&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 3 10-1-4: SCOPE OF REGULATIONS: A. Changes in Structures or Use: Except as may otherwise be provided in Chapter_10 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. B. Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Chapter 10 of this Title. C. Building Permits: When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 10 of this Title. (Ord. 1973-56A, 3-28-74) D. Existing Special Uses: Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of the City Council, the Zoning Officer or the Board of Appeals. (Ord. 1973- 56A, 3-28-74; 1994 Code) http:H sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16175&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 22 Chapter 2 RULES AND DEFINITIONS 10-2-1:GENERAL: In the construction of[his Title,the rules and definitions contained in this Chapter shall be observed and applied,except when the context clearly indicates otherwise.(Ord.1973-56A,3-28-74) 10-2-2: RULES FOR WORD CONSTRUCTION: A.Words used in the present tense shall include the future:words used in[he singular number shall include the plural number,and the plural the singular. B.The word"shall"is mandatory and not discretionary. C.The word'may"is permissive. D.The word"lot"shall include the words"pIDr,"piece","parcel':the word'building'includes all other structures of every kind regardless of sim]anly to buildings:and the phrase"used for"shall include the phrase'arranged for,'designed ror",'intended for","maintained for",and"occupied for".(Ord.1973- 56A,3-28-74) 10-2-3: DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ACCESSORY BUILDING or USE:A.An"accessory building or use'is one which: 1.Is subordinate to and serves a principal building or principal use. 2.Is subordinate in area,extent or purpose to the principal building or principal use served. 3.Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. B.An accessory use includes but is not limited to the following: 1.A children's playhouse,garden house and private greenhouse. 2.A garage,shed or building for domestic storage. 3.Storage of merchandise normally carried in stock on the same lot with any retail service or business use,unless such storage is excluded by the district regulations. 4.Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities,unless such storage is excluded by the district regulations. 5.Incinerators incidental to residential use. 6.A nonpaying guest house or rooms for guests within an"accessory building'provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy by others as housekeeping units. 7.Servant's quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee(and his or her family)of the occupants of the principal dwelling. 8.Swimming pool,private,for use by the occupant and his guests. 9.Off street motor car parking areas,and loading and unloading facilities. 10.Signs(other than advertising signs)as permitted and regulated in each district incorporated in this title. 11,Carports. 12.Public utilities-telephone,electric,gas,water and sewer lines,their supports and incidental equipment ACREAGE:Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted ALLEY:A public way,not more than thirty feel(30')wide,which affords only a secondary means of access to abutting property. ANIMAL HOSPITAL:Any building,or portion thereof,designed or used for the care,observation or treatment of domestic animals. APARTMENT:A room or suite of rooms in a mulliple-family structure which is arranged,designed,used or intended to be used as a single housekeeping unit. Complete kitchen facilities,permanently installed,must always be included for each apartment. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 22 AUTOMOBILE LAUNDRY:A building or portion thereof containing facilities for washing more than two(2)motor vehicles,using production line methods. AUTOMOBILE REPAIR,MAJOR.Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers;collision service,including body, frame or fender straightening or repair and painting of vehicles. AUTOMOBILE REPAIR,MINOR:Incidental repairs,replacement of parts,and motor service to automobiles,but not including any operation specified under "automobile repair,major'. AUTOMOBILE SERVICE STATION:A place where gasoline,stored only in underground tanks,kerosene,lubricating oil or grease.for operation of automobiles,are offered for sale directly to the public on the premises.and including minor accessories and the services of automobiles,but not including major automobile repairs and including washing of automobiles where production line methods are not used.When the dispensing,sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage,the premises shall be classified as a public garage.Automobile service stations shall not include sale or storage of automobiles or trailers(new or used). AUTOMOBILE WRECKING YARD:Any place where two(2)or more motor vehicles,not in running condition,or pans thereof,are stored in the open and are not being restored to operation,or any land binding or structure used for wrecking or storing of such motor vehicles or parts thereof,and including the commercial salvaging of any goods,articles or merchandise. AWNING:See definition in section 8-11-4 of this code. BASEMENT:A story partly or wholly underground.Where more than one-half(till)of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established,a basement shall be counted as a story for purposes of height measurement. BILLBOARD:See definition in section$-11-4 of this code. BLOCK-A tract of land bounded by streets or,in lieu of a street or streets,by public parks,cemeteries.railroad rights of way,bulkhead lines or shorelines of waterways or corporaled boundary fines of municipalities. BOARDING HOUSE:A building other than a motel or restaurant where meals and sleeping facilities are provided for compensation to four(4)or more persons,but not more than twelve(12),who are not members of the keeper's family. BUILDABLE AREA:The space remaining on a building lot after the minimum yard requirements of this title have been complied with. BUILDING-Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors,windows or openings;and which is designed or intended for the shelter,enclosure or protection of persons,animals or chattels.Any structure with interior areas not normally accessible for human use,such as gasholders,oil tanks,water tanks,grain elevators,coal bunkers,oil cracking towers and other similar structures,are not considered as buildings. BUILDING,COMPLETELY ENCLOSED:A building separated on all sides from the adjacent open space,or from other buildings or other structures,by a permanent roof and by exterior walls or party walls,pierced only by windows and normal entrance or exit doors. BUILDING,DETACHED:A building surrounded by open space on the same zoning lot. BUILDING HEIGHT;The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof;to the deck fine of a mansard roof;and to the mean height level between eaves and the ridge of a gable.hip or gambrel roof;provided,that where buildings are set back from the street line,the height of the budding may be measured from the average elevation of the finished lot grade al the front of the building,(See section 10.2.4 of this chapter for diagram). BUILDING INSPECTOR:The designated city official responsible for inspecting buildings within the city. BUILDING LINE:A line or lines,including the building setback line,on the horizontal surface of a lot,parallel to the front,side and rear lot lines,and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title.(See section 10-2-4 of of this chapter for diagram.) BUILDING,NONCONFORMING:Any building which does not conform to the regulations of this title prescribing the use,required yards,coverage,height and setbacks,minimum required spacing between buildings on a single lot,and minimum required usable open space for the district in which such building is located. BUILDING.PRINCIPAL:A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING SETBACK LINE:A line parallel to the street line of a distance from it,regulated by the front yard requirements set up in this Title. BUILDING,TEMPORARY:Any building not designed to be permanently located in the place where it is,or where it is intended to be placed or affixed. BULK:The term used to describe the size and mutual relationships of buildings and other structures,as to size,height,coverage,shape,location of exterior walls in relation to lot lines,to the center fines of the streets,to other walls of the same buildings,and to other buildings or structures,and to all open spaces relating to the building or structure. BUS LOT:Any lot or land area used for the storage or layover of passenger buses or motor coaches. BUSINESS:Any occupation,employment or enterprise wherein merchandise is exhibited or sold,or which occupies lime,attention,labor and materials,or where services are offered for compensation. CARPORT:An automobile shelter with two(2)or more sides open. CELLAR:A story having more than one-half('!z)of its height below the curb level or below the highest level of the adjoining ground.A cellar shall not be counted as a story for the purposes of height measurement. CITY:The United City of the Village of Yorkville or the City of Yorkville. CITY COUNCIL:The City Council of the City of Yorkville. CLINIC or MEDICAL HEALTH CENTER-An establishment where patients are admitted for special study and treatment by two(2)or more licensed physicians http://sterling.webiness.com/codebook/getBookData.php?id=&chapter^id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 22 or dentists and[heir professional associates,practicing medicine together. CLUB or LODGE,PRIVATE:A nonprofit association of persons who are bona fide members paying annual dues which owns,hires or leases a building,or portion thereof,the use of such premises being restricted to members and their guests. II shall be permissible to serve food and meals on such premises provided[hat adequate dining room space and kitchen facilities are available.The sale of alcoholic beverages to members and[heir guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals,though such beverages may he served in a separate room or rooms,and provided that such sale of alcoholic beverages is in compliance with the applicable local,Federal and Stale laws,and County ordinances2. CONFORMING BUILDING OR STRUCTURE:A building or structure which: A.Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located:and B.Is designed or intended for a permitted or conditional use as allowed in the district in which it is located. COURT:An open unoccupied space,other than a yard,on the same lot with a building or group of buildings and which is bounded on two(2)or more sides by such building or buildings. CURB LEVEL:The level of[he established curb in front of the building measured at the center of such front.Where a building faces on more than one street, the"curb level'shall be the average of the levels of the curbs at the center of the front of each street.Where no curb elevation has been established,the mean level of the land immediately adjacent to the building shall be considered the"curb level". DECIBEL:A unit of measurement of the intensity(loudness)of sound.Sound level meters which are employed to measure the intensity of sound are calibrated in"decibels". DENSITY,GROSS:A ratio of the Lola[number of dwelling units on a site,divided by the total acreage of the site,to include streets,schools,parks,etc., expressed as dwelling units per acre. DENSITY,NET:A ratio of the Lola[number of dwelling units on a site,divided by the number of acres used exclusively for a residential type acreage not to include schools.parks,streets,etc.,expressed as dwelling units per acre. DISPLACEMENT(Earth):The amplitude or intensity of an earthborn vibration measured in inches.The displacement or amplitude is one-half(112)the total earth movement. DISTRICT:A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-IN ESTABLISHMENT:An establishment or part thereof in which are provided facilities where serving or consuming commodities,or both,are intended to occur primarily in patrons'automobiles parked in the premises. DWELLING:A building or portion thereof,but not including a house trailer or mobile home,designed or used exclusively for residential occupancy,including one-family dwelling units,two-family dwelling units and multiple-family dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,ATTACHED:A dwelling joined to two(2)other dwellings by party walls or vertical cavity walls and aboveground physically unifying horizontal structural elements. DWELLING.DETACHED:A dwelling which is surrounded on all sides by open space on the same lot. DWELLING,MULTIPLE-FAMILY:A building,or portion thereof.designed or altered for occupancy by three(3)or more families living independently of each other. DWELLING,ONE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one family. DWELLING,SEMI-DETACHED:A dwelling which is surrounded on all sides by open space on the same tot. DWELLING,TWO-FAMILY:A building designed or altered to provide dwelling units for occupancy by two(2)families. DWELLING UNIT:One or more rooms in a residential structure which are arranged,designed,used or intended for use by one family,plus not more than four (a)lodgers,for living or sleeping purposes,and which include complete kitchen facilities permanently installed. EFFICIENCY UNIT:A dwelling unit consisting of one principal room,exclusive of bathroom,kitchen,hallway,closets or dining alcove,directly off the principal room. EQUIVALENT OPACITY:The shade on the Ringelmann Chart that most closely corresponds to the density of smoke,other than black or gray. ERECT:The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT,BUSINESS:A separate place of business having the following three(3)characteristics: A.The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. B.Direct public access to such'business establishment"is separate and distinct from direct access to any other'business establishment'. C.There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another,they shall then be considered as a single 'business establishment"for the purpose of this title. httpa/sterling.webiness.comf codebook lgetBookData.php?id=&chapter_id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 22 FALLOUT SHELTER:An accessory building and use which incorporates the fundamentals for fallout protection-shielding mass,ventilation and space to live -and which is constructed of such materials,in such a manner,as to afford to the occupants substantial protection from radioactive fallout. FAMILY,One or more persons related by blood,marriage or adoption,or a group of not more than five(5)persons(excluding servants)who need not be related by blood,marriage or adoption,living together and maintaining a common household,but not including clubs.sororities,fraternities or other similar organizations. FENCE 3:A structure,including gates,or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE,OPEN'A fence which has over its entirety at least fifty percent(50%)of the surface area in open space as viewed at right angles from the fence; except,that the required open space in louver type fences may be viewed from any angle. FENCE,SOLID:A fence which conceals from view,from adjoining properties,streets or alleys,activities conducted behind it. FLOOD CREST ELEVATION:The elevation of the highest flood level that has been or may be determined by the designated engineer for the city.The flood crest elevation by the designated engineer shall be based upon a slormwaler drainage map showing flood crest elevations of appropriate locations as approved by the city council. FLOODPLAIN AREA:That continuous area adjacent to a stream or streambed,or any slormwaler retention area and its tributaries.whose elevation is equal to or lower than the flood crest elevation,including also land having an elevation higher than Flood crest elevation but less than ten(10)acres in area and surrounded by land in a floodplain area or an area of such elevation secured by landfill projecting into a floodplain area. Any point shall be deemed to be within the floodplaln area if it falls below the elevation of a high water mark,as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream.Any point between the aforedescribed projections of any two(2)high water marks shall be deemed within the floodplal area if i[is at an elevation equal to or lower than similar projections of the interpolated flood crest elevation.The interpolated flood crest elevation is the calculated elevation of the flood crest at the centerline of the stream between two(2)known flood crests of the nearest upstream and downstream high water marks:and the difference in elevation between the flood crest at this location and at either of the high water mark projections is directly proportional to the difference in stream centerline distance between the two(2)high water mark projections. FLOOR AREA(For Determining Floor Area Ratio);The sum of the gross horizontal areas of the several floors,including also the basement floor of a building. measured from the exterior faces of the exterior walls or from the centedines of walls separating two(2)buildings.The"floor area'shall also include the horizontal areas on each floor devoted lo: A.Elevator shafts and stairwells. B Mechanical equipment,except if located on the roof,when either open or enclosed,i.e.,bulkheads,water tanks and cooling lowers. C.Habitable attic space as permitted by the building code of the cily4. D.Interior balconies and mezzanines. E.Enclosed porches. F.Accessory uses. The'floor area"of structures used for bulk storage of materials,i.e.,grain elevators and petroleum tanks,shall also be included in the"floor area'and such'floor area"shall be determined on the basis of The height of such structures with one floor for each ten feet(10')of structure height and if such structure measures less than ten feel(10')but not less than five feet(5)over such floor height intervals,it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off street parking and off street loading facilities and the horizontal area of a cellar floor shall not be included in the'floor area". "Floor area"when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building.excluding areas used for accessory off street parking facilities and the horizontal areas to[he basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building.All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA RATIO:The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.The floor area ratio as designated for each district when multiplied by the lot area in square feel shall determine the maximum permissible floor area for the building or buildings on[he lot,(See section 10-24 of this chapter for diagram.) FLOOR AREA,USABLE:Any floor area within outside walls of a residential building exclusive of areas in cellars,basements,unfinished attics,garages.open porches and accessory buildings.but including any area'roughed in"but not completed which is designed and intended for human occupancy. FOOT-CANDLE:A unit of illumination,equivalent to the illumination at all points which are one foot(1')distant from a uniform point source of one candlepower. FOOT-LAMBERT:A unit of brightness,usually of a reflecting surface.A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one fool(1')distant over one square foot has a brightness of one foot-lambert. FREQUENCY:The number of oscillations per second in a sound wave,measuring the pitch of the resulting sound. FUEL SULK STATION:A place where crude petroleum,gasoline,naphtha,benzene.benzol,kerosene or other flammable liquid which has a flashpoini at or below two hundred degrees Fahrenheit(200°F)(closed cup tester)is stored for wholesale purposes.where the aggregate capacity of all storage tanks is more than eight thousand(8,000)gallons,regardless of whether the fuel is stored above the ground,underground or in mobile tank cars or trucks. GARAGE,BUS:Any budding used or intended to be used for the storage of three(3)or more passenger motor buses or motor coaches used in public http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16176&keywor.,. 3/16/2009 Sterling Codifiers, Inc. Page 5 of 22 transportation,excluding school buses. GARAGE,PRIVATE:An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises,and in which no business,service or industry connected directly or indirectly with automotive vehicles is carved on;provided,that not more than one-half(112)of the space may be rented for the private vehicles of persons not resident on the premises; except that all the space in a garage of one or two(2}car capacity may be so rented.Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five(5)Ions. GARAGE,PUBLIC:Any building where automotive vehicles are painted,repaired,rebuilt,reconstructed and/or stored for compensation. GRADE:The established grade of the street or sidewalk.Where no such grade has been established,the grade shall be the elevation of the sidewalk at the properly line.Where no sidewalks exist,the grade shall be the average elevation of the street adjacent to the properly line.Except in cases of unusual topographic conditions,as determined by the director of public works,grade shall be the average elevation of the Finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROUND FLOOR AREA:The lot area covered by a principal building measured at highest ground grade adjacent to building from the exterior faces of the exterior walls,but excluding open porches or terraces and garages or carports. GUEST,PERMANENT:A person who occupies or has the right to occupy a lodging house,rooming house,boarding house,hotel,apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION:In all residence districts.any customary home occupation shall be permitted provided that: A.It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes. B.It is not conducted from a detached or attached accessory building,or require inlemal or external alteration,or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than one-fourth(114)of the floor area of a story,including also a cellar,of the dwelling is devoted to such home occupation C.There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling, except one nameplate,no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D.It is conducted by only a member of the family residing on the premises,plus only one additional person,whether or not a member of such family. E.No mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F.No stock in trade is kept or sold including also such as are made on the premises,or services rendered on the premises that require receipt or delivery of merchandise,goods or equipment by other than U.S.letter carrier mail service or the passenger automobile of the person conducting the home occupation. G.A home occupation conducted by a professional person shall be only for consultation,instruction or performance of religious rites,but not for the general practice of the profession. H.Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. HOSPITAL or SANITARIUM:An institution devoted primarily to the maintenance and operation of facilities for the diagnosis,treatment or care.for not less than twenty four(24)hours in any week,of three(3)or more nonrelated individuals suffering from illness,disease,injury,deformity or other abnormal physical conditions.The term"hospital",as used in this Title.does not apply to institutions operating solely for the treatment of insane persons,drug addicts,liquor addicts or other types of cases necessitating restraint of patients,and the term"hospital'shall not be used for convalescent,nursing,shelter or boarding homes. HOTEL,APARTMENT:A building containing dwelling units or individual guest roams,the majority of which are for permanent guests.Maid and janitor service may be provided.but kitchen facilities are not necessarily included. HOTEL,MOTEL,INN or AUTO COURT:An establishment containing lodging accommodations designed for use by transients,or travelers,or temporary guests.Facilities provided may include maid service,laundering of linen used on the premises,telephone and secretarial or desk service,restaurants.cocktail lounges.meeting rooms and ancillary retail uses,provided access to such uses are from the exterior of the principal use. HOUSEHOLDER:The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE:A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE:A material which will not ignite nor actively support combustion during an exposure for five(5)minutes to a temperature of one thousand two hundred degrees(1,2000)Fahrenheit. INSTITUTION:A building occupied by a not-for-profit corporation wholly for public or private use. JUNK YARD:An open area where waste,scrap metal,paper,rags or similar materials are bought.sold,exchanged,stored,baled,packed,disassembled or handled,including auto,farm implements and machinery,and building wrecking yards,but excluding similar uses taking place entirely within a completely enclosed building. http://sterling.webiness.com/codebook/getBookData.pbp?id=&chapter_id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 22 JUNKER:An automobile,truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable,or such a vehicle which does not comply with Slate or County laws or ordinances for vehicles. KENNEL,COMMERCIAL:Any lot or premises or portion thereof on which more than four(4)dogs,cats and other household domestic animals,over four(4) months of age,are kept for sale,or on which more than two(2)such animals are boarded for compensation. LABORATORY,COMMERCIAL:A place devoted to experimental study such as testing and analyzing.Manufacturing assembly or packaging of products is not included within[his definition. LAUNDERETTE:A business that provides coin-operated,self-service type washing,drying,dry cleaning and ironing facilities;provided that: A.Not more than four(4)persons,including owners,are employed on the premises;and B.No pickup or delivery seance is maintained. LOADING AND UNLOADING SPACE.OFF-STREET:An open,hard-surfaced area of land other than a street or public way,the principal use of which is for the standing,loading and unloading of motor vehicles,tractors and traders to avoid undue interference with public streets and alleys.Such space shall not be less than ten feet in width,thirty five feel in length and fourteen feel in height(10'x 35'x 14').exclusive of access aisles and maneuvering space. LODGING or ROOMING HOUSE:A building with not more than five(5)guest rooms where lodging is provided for compensation pursuant to previous arrangement,but not open to the public or overnight guests. LOT:A parcel of land legally described as a distinct portion or piece of land of record.(See Section 10-2-4 of this Chapter for diagram of lot types.) LOT AREA:The area of a horizontal plane bounded by the front,side and rear lot lines. LOT,CORNER:A lot situated at the junction of and abutting on two(2)or more intersecting streets:or a lot at the point of deflection in alignment of a single street,the interior angle of which is one hundred thirty five degrees(1351)or less.(See Section 10-24 of[his Chapter for diagram.) LOT COVERAGE:The area of a zoning lot occupied by the principal building or buildings and accessory buildings.(See Section 10_-2-4 of this Chapter for diagram.) LOT DEPTH:The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. LOT FRONTAGE:The front of a lot shall be that boundary of a lot along a public or private street;for a corner lot,the front shall be the narrowest side edge of the lot fronting on a street;provided.that the owner may orient his building toward either street. LOT,INTERIOR:A lot other than a corner lot or reversed corner lot.(See Section 10-2-4 of this Chapter for diagram.) LOT LINE:A property boundary fine of any lot held in single or separate ownership;except,that where any portion of the lot extends into the abutting street or alley,the lot line shall be deemed to be the street or alley Ire. LOT LINE.FRONT:The front property line of a zoning lot. LOT LINE.INTERIOR:A side lot line common with another lot LOT LINE,REAR:The rear lot fine is the lot line or lot lines most nearly parallel to and more remote from the front lot line. LOT LINE,SIDE:Lot lines other than front or rear lot lines are side lot lines. LOT OF RECORD:A lot which is a part of a subdivision or a parcel of land described by deed and where both[he map and the deed were recorded in the office of the county recorder. LOT,REVERSED CORNER:A comer lot,the rear of which abuts upon the side of another lot,whether across an alley or not.(See section 10-2-4 of this chapter for diagram.) LOT,THROUGH.A lot having frontage on two(2)parallel or approximately parallel streets,and which is not a corner lot.On a through lot.both street lines shall be deemed front lot lines.(See section 10-2-4 of this chapter for diagram.) LOT WIDTH:The mean horizontal distance between the side lot lines measured within the lot boundaries,or the minimum distance between the side lot fines within the buildable area. LOT,ZONING:A plot of ground made up of one or more parcels which are or may be occupied by a use,building or buildings,including the yards and open spaces required by this title. MANUFACTURING ESTABLISHMENT:An establishment,the principal use of which is manufacturing,fabricating,processing,assembly,repairing,storing, cleaning,servicing or testing of materials,goods or products. MARQUEE OR CANOPY:See definition of"awning,canopy or marquee sign'in section V11-4 of this code. MOBILE HOME:A trailer designed and constructed for dwelling purposes which contains cooking,sanitary and electrical facilities and has a gross area of two hundred twenty(220)square feet or more. MOBILE HOME PARK:A lot,parcel or tract of land developed with facilities for accommodating two(2)or more mobile homes,provided each mobile home contains a kitchen,flush toilet and shower or bath;and such park shall be for use only by nontransient dwellers remaining continuously for more than one month,whether or not a charge is made.It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale,except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety(90)days after occupancy may be sold or offered for sale. MOTELS,MOTOR LODGES.TOURIST COURTS:A group of attached or detached buildings containing individual steeping and living units,designed for or used temporarily by automobile tourists or transients,with garage attached or parking space conveniently located to each unit,including auto courts,motels or motor lodges,but not including mobile homes. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 7 of 22 MOTOR FREIGHT TERMINAL:A building in which freight,brought to said building by motor truck.is assembled and sorted for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE:A passenger vehicle,truck.truck trailer,trailer or semitrailer propelled or drawn by mechanical power. NAMEPLATE:A sign indicating the name and address of a budding or the name of an occupant thereof,and the practice of a permitted occupation therein. NONCONFORMING USE:Any budding,structure or land lawfully occupied by use or lawfully established at the time of the effective date hereof,which does not conform after the effective date hereof with the use regulations of this Title. NOXIOUS MATTER:Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical,social or economic well-being of human beings. NURSERY SCHOOL or DAY NURSERY:An institution providing care for three(3)or more children under the age of seven(7)years for periods of more than four(4)hours but not exceeding twenty four(24)hours. NURSING HOME or REST HOME:A home for the care of children or the aged or infirm,or a place of rest for those suffering bodily disorders,but not including facilities for the treatment of sickness or injuries or for surgical care. OBSTRUCTION:An obstacle,impediment or hindrance. OCTAVE BAND:A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER-An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.(American Standard for Sound-Level MelerslA.S.A.-No.224.3- 1944) ODOR THRESHOLD:The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.Odor thresholds shall be determined in accordance with ASTM Method D 1391-57,"Standard Method for Measurement of Odor in Atmospheres(Dilution Method)". ODOROUS MATTER:Any material that produces an olfactory response among human beings OFFICE:A place,such as a building,room or suite,in which services,clerical work,professional duties or the like are carried out. OPEN SALES LOT:Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks,motor scooters, motorcycles,boats.trailers,aircraft,monuments,etc.,and for the storing of same prior to sale. PARCEL DELIVERY STATION.A building in which commodities,sold at retail within the area and packaged by the retailer,are assembled and routed for delivery to retail customers located within the area. PARKING AREA,PRIVATE:An open,hard-surfaced area,other than a street or public way,designed,arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA,PUBLIC:An open,hard-surfaced area,other than a street or public way,intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half 0112)tons'capacity,and available to the public,whether for compensation,free or as an accommodation to clients or customers. PARKING SPACE,AUTOMOBILE:Space within a public or private parking area of not less than one hundred seventy(170)square feel(8112x 201 exclusive of access drives,or aisles,ramps,columns or office and work areas.for the storage of one passenger automobile or commercial vehicle under one and one- half(1 112)ions'capacity. PARTICULATE MATTER:Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. PARTY WALL:An interior wall of adjoining structures extending from its fooling to the underside of the roof,and which separates and is in common use by such adjoining structures. PERFORMANCE STANDARD:A criterion to control noise,odor,smoke,toxic or noxious matter,vibration,fire and explosive hazards,or glare or heal generated by or inherent in uses of land or buildings PLAN COMMISSION:The plan commission of the city of Yol PLANNED DEVELOPMENT:A tract of land which is developed as a unit under single ownership or control,which includes two(2)or more principal buildings, and which is at least four(4)acres in area,except for planned developments operated by a municipal corporation which shall be at least two(2)acres in area, and planned manufacturing developments which shall be at least ten(10)acres in area. PORCH:A roofed over structure,projecting out from the wall or walls of a main structure and commonly open to the weather in part. PREFERRED FREQUENCIES:A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard N.S1.6-1960,"Preferred Frequencies For Acoustical Measurements PRINCIPAL USE:The main use of land or buildings as distinguished from a subordinate or accessory use. PUBLIC OPEN SPACE:Any publicly owned open area,including,but not limited to,the following:parks,playgrounds,forest preserves.beaches,waterways. parkways and streets. PUBLIC UTILITY:Any person,firm,corporation or municipal department duly authorized to furnish,under public regulation,to the public,electricity,gas, steam,telephone,sewers,transporlation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards,locomotive shops,water towers.etc. http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 8 of 22 REFUSE:All waste products resulting from human habitation,except sewage. RESEARCH LABORATORY:A building or group of buildings in which are located facilities for scientific research,investigation.testing or experimentation.but not facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME:See definition of'Nursing Home Or Rest Home'. RESTAURANT:Any land,building or part thereof,other than a boarding house,where meals are provided for compensation,including a cafe,cafeteria, coffee shop,lunchroom,drive-in stand.tearoom and dining room,and including the serving of alcoholic beverages when served with and incidental to the serving of meals,where permitted by local option. RINGELMANN CHART:A chart which is described in the U S bureau of mines information circular W8,and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER:The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADWAY.That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY:A strip or area of pavement used exclusively for the landing and taking off of aircraft,or for the movement of vehicles incidental to such use. SCHOOL:Elementary,high school or college,public or private,or nonprofit junior college,college or university,other than trade and business schools, including instructional and recreational uses and school bus garages,with or without living quarters,dining roams,restaurants,healing plants and other incidental facilities for students,leachers and employees. SETBACK,ESTABLISHED-When forty percent(40%)or more of the lots fronting on one side of a street within a block are improved the existing setbacks of such improved lots shall be the"established setback'for determining the depth of the required front yards for the remainder of the lots along such street frontage,as regulated in this title. SETBACK LINE,BUILDING:See definition of Building Setback Line. SIGNS:See title 8,chapter 11 of this code. SMOKE:Small gasborne particles other than water that form a visible plume in the air. SMOKE UNIT:The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.For the purpose of this chart.Ringelmann density reading is made at least once every minute during the period of observation;each reading is then multiplied by the time in minutes during which it is observed,and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND LEVEL METER:An electronic instrument which includes a microphone,an amplifier and an output meter which measures noise and sound pressure levels in a specified manner.II may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE LEVEL:The intensity of a sound measured in decibels mathematically described as twenty(20)limes the logarithm to the base ten(10) of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. SPECIAL USE:Any use of land or buildings,or both,described and permitted herein,subject to the provisions of chapter 14 of this title. STABLE,LIVERY:Any building,other than a private stable,designed,arranged,used or intended to be used for the storage of horses and horsedrawn livery or both. STABLE,PRIVATE:Any building which is located on a lot on which a dwelling is located and which is designed,arranged,used or intended to be used for housing horses for the private use of occupants of the dwelling. STABLE,PUBLIC(RIDING OR BOARDING STABLE):A building and grounds which are designed,arranged,used or intended to be used for the storage, boarding or breeding of horses,including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS:The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. STADIUM:Any facility,building,corral,arena,or structure of any kind designed for use as either a sports facility(including animal sports,i.e.,rodeos, horseraces,etc.),entertainment facility,whether for profit or not,where activities are to be undertaken generally for the entertainment of others.Said description includes ball fields,when any type of structure is involved,skating rinks,racetracks,football or soccer fields.softball fields,gymnasiums. swimming facilities,music halls,theaters,stages or any other type of field or facility. STAND,ROADSIDE:A structure for the display and sale of only agricultural products which are produced on the premises. STORY:That portion of a building included between the surface of any floor and the surface of the floor above it,or if there is no floor above.then the space between the floor and ceiling next above it.Any portion of a story exceeding fourteen feel(14')in height shall be considered as an additional story for each fourteen feel(14')or fraction thereof, STORY,HALF:That portion of a building under a gable,hip or mansard roof,the wall plates of which on at least two(2)opposite exterior walls are not more than four and one-half feel(4112')above the finished floor of each story.In the case of one-family dwellings,two-family dwellings and multiple-family dwellings less than three(3)stories in height,a half story in a sloping roof shall not be counted as a story for the purpose of this title.In the case of multiple-family dwellings three(3)or more stories in height,a half story shall be counted as a story. STREET:Away other than an alley which affords a primary means of access to abutting property. STREET LINE:A line separating an abutting lot,piece or parcel from a street. STRUCTURAL ALTERATIONS:Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls,columns,beams and girders. http:l/sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 9 of 22 STRUCTURE:Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TAVERN OR LOUNGE:A building where liquors are sold to be consumed on the premises,but not including restaurants where the principal business is serving food. TERRACE.OPEN:A level and rather narrow plane or platform which,for the purpose of this title,is located adjacent to one or more faces of the principal structure and which is constructed not more Than four feet(4')in height above the average level of the adjoining ground. TITLE:Reference to"title"herein shall be construed to be the Yorkville zoning ordinance. TOURIST COURTS,MOTOR LODGES:A group of attached or detached buildings containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients with garage attached or parking space conveniently located to each unit,inc+udmg auto courts,motor lodges or other similar type uses. TOURIST HOME:A dwelling In which accommodations are provided or offered for transient guests. TOURIST PARK:A parcel or tract of land containing facilities for locating two(2)or more travel trailers or mobile homes,and for use only by transients remaining less than three(3)months,whether or not a charge is made.An open sales lot in which automobiles or unoccupied trailers are parked for the purpose of inspection or sale is not included in a tourist park. TOXIC MATERIALS:A substance(liquid,solid or gaseous)which by reason of an inherent deleterious property lends to destroy life or impair health. TRAILER:Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business,trade or occupation and which may be used for a conveyance on streets and highways by Its own or other motive power. TRAILER CAMP OR PARK:Any premises occupied by or designed to accommodate two(2)or more automobile house trailers or mobile homes,or the parking of two(2)or more trailers for business or storage purposes. TRAILER,CAMPING:A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty(136)square feet. TRAILER HOUSE OR MOBILE HOME:Any"trailer'as defined herein used for residential purposes. TRAILER,TRAVEL:A trailer designed and constructed for dwelling purposes which may contain cooking,sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square feel or more but less than two hundred twenty(226)square feel. TRUCK PARKING AREA OR YARD:Any land used or intended to be used for the storage or parking of trucks,trailers,tractors,and including commercial vehicles,while not loading or unloading,and which exceed one and one-half(1 112)tons in capacity. USABLE OPEN SPACE:Ground area of a lot,landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which: A.Is not devoted to public or private roadways or driveways and off street parking and loading; B.Is accessible and available only to occupants of dwelling units on the premises,except balconies; C.Is not covered by buildings,except not more than rive percent(5%)of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises: D.Has not less than ten feet(10')at its narrowest dimension between either a lot line and an area not qualifying as usable open space:and E.Is developed,landscaped and maintained suitable for pedestrian,recreational and leisure use, USE:The purpose for which land or a building thereon is designed,arranged or intended,or for which It is occupied or maintained,let or leased. USE,CONDITIONAL:A use that has unusual operational,physical or other characteristics that may be different from those of the predominant permitted uses in a district,but which is a use that complements and is otherwise,or can be made,compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title. USE,LAWFUL:The use of any building,structure or land that conforms with all of the regulations of this title and which conforms with all of the codes, ordinances and other legal requirements as existing at the effective dale hereof for the structure or land that is being examined. USE.NONCONFORMING:See definition of Nonconforming Use. USE,PERMITTED:Any use which is or may be lawfully established in a particular district or districts,provided it conforms with all requirements,regulations, and when applicable,performance standards of this title for the district to which such use is located. USE.PRINCIPAL:The dominant use of land or buildings as distinguished from a subordinate or accessory use. VENDING MACHINE:A machine for dispensing merchandise or services designed to be operated by the customer. VIBRATION:The periodic displacement,measured in inches,of earth at designated frequency-cycles per second. YARD:An open area on a lot which is unobstructed from its lowest level to the sky,except as otherwise provided in this title. YARD,FRONT:A yard which is bounded by the side lot lines,front lot line and the front yard line. YARD,INTERIOR SIDE:A side yard which adjoins another lot or an alley separating such side yard from another lot. http://sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id=16176&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 10 of 22 YARD LINE:A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any potnl than the required depth or width of the applicable yard.A building.structure or other obstruction shall not encroach into the area between the"yard line"and such adjacent lot line,except for such permitted obstructions in yards as are set forth in this title.(See section 10.2-4 of this chapter for diagram.) YARD,REAR:A yard which is bounded by side lot lines,rear lot line and the rear yard fine. YARD.SIDE:A yard which is bounded by the rear yard line,front yard fine.side yard line and side lot line YARD,SIDE-ADJOINING A STREET:A yard which is bounded by the front lot line,side yard adjoining a street line and rear lot line ZONE.A district,as defined in this section. ZONING BOARD OF APPEALS:See title 2,Chapter 2 of this code.(Ord.1973-56A,3-28-1974:amd.1994 Code:Ord.1995-19,8-10-1995:Ord.2008-57,6- 24-2008) 10-2-4: DIAGRAMS: See following pages for diagrams.(Ord.1973-56A,3-28-1974) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16176&keywor... 3/16/2009 10-2-4 10-2-4 BUILDING HEIGHTS d 0 H GABLE HIP GAMBREL H MANSARD FLAT IuuSTRATIOF ONO City of Yorkville 10-2-4 10-2-4 YARD & BUILDING LINES —' REAR LOT L— REAR YARD =:y1 W � ! E ;BUlLDABLE...aREAi' .; f 1 W • -' :! H on cr BUILDING SETBACK uNE •"'� : r I FRONT YARD STREET ILLUSTRATION ONLY City of Yorkville 10-2-4 10-2-4 FLOOR AREA RATIO ( FAR o.e ~4 BTQR/fg 0.4 0.2 i ST Ref r `` LLUSTRATION ONLY City of Yorkville 10-2-4 10-2-4 TYPES OF LOTS O r Q O O STREET O W W N STREET QI INTERIOR LOT 0 CORNER LOT 03 REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY City of Yorkville Sterling Codifters, Inc. Page 22 of 22 ILLUSTRATION ONLY (Ord.1973-56A.3-28-74) Footnote t:See diagram in Section 1R-2-_4.of[his Chapter. FQ91note_2:See Title_3 Gh apler 3 of this Code. Footnote 3:See section 10_3_7 of(his title. Footnote 4:See section 8-2-1 of this code. FQolnote 5 See title 2,chapter 1 of this code and section 10-14-2 of this title. http:/t sterling.webiness.com/codebook/getBookData.php?id=&chapter^id=16176&keywor... 3{1612009 Sterling Codifiers, Inc. Page 1 of 7 Chapter 3 GENERAL ZONING PROVISIONS 10-3-1: USE AND BULK REGULATIONS: A. Use: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, razed, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified in the district in which it is located. B. Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located; except, that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. C. Division of Zoning Lots: No zoning lot improved with a building or buildings shall hereafter be divided into two (2) or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold unless all zoning lots resulting from each division or sale and improved with a building or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located. (Ord. 1973-56A, 3- 28-74) 10-3-2: OPEN SPACE ON LOTS: A. Maintenance of Yards, Courts and Other Open Spaces: The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be usedto satisfy yard, court, other open space or minimum lot area requirements for any other building. B. Location of Required Open Space: All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group, except as otherwise permitted in planned development and planned open spaces. C. Required Yards for Existing Buildings: No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, or further http://sterling.webiness.com/codebook/getBookData.php?id=&cliapter_id=16177&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 7 reduced below if already less than, the minimum yard requirements of this Title for equivalent new construction, except as provided in Section 10-10-7 of this Title. D. Permitted Obstructions in Required Yards: The following shall not be considered to be obstructions when located in the required yards specified: 1. In All Required Yards: a. Open terraces not over four feet (4') above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet (4') or less above grade which are necessary for access to a zoning lot from a street or alley; chimneys projecting eighteen inches (18") or less into the yard; recreational and laundry-drying equipment; arbors and trellises; and flagpoles. (Ord. 1973-56A, 3-28-74) b. Open mesh-type fences having a height of six feet (6') or less may be used to locate property lines within the required side or rear yards in the residence districts. Fences, walls or latticework screens which form outside living rooms or provide necessary privacy for swimming pools or other activities and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yard but not both yards. Where the projecting fence, wall or screen has fifty percent (50%) or more of the surface open or is a vertical type of boulevard fence, which can prevent free movement of air from one or more directions and yet have more than fifty percent (50%) of its surface open when viewed on an angle from two (2) directions, it shall be permitted; provided, 1) that the projection shall not prohibit the erection of an open mesh-type fence over six feet (6) in height enclosing an elementary or high school site, and 2) that this projection shall not limit the height, type or location of a fence, wall or other structures which are located within the buildable area exclusive of the side or rear yards of the property. However, no fence may be located that will, in the opinion of the Zoning Officer, obstruct the vision at a street intersection, alley or driveway that may create unsafe traffic movements. (Ord. 1973-56A, 3-28-74; 1994 Code) 2. In Front Yards: One story bay windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the required yard. 3. In Rear Yards: Enclosed, attached or detached off-street parking spaces; open off-street parking spaces, accessory sheds, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches, one-story bay windows projecting three feet (3') or less into the required yards, overhanging eaves and gutters projecting three feet (3') or less into the required yard. In any residence district, no accessory building shall be nearer than five feet (5') to the side and rear lot line nor nearer than ten feet (10') to any principal building on an adjoining lot. 4. In Side Yards: Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%) of the required yard width but in no case exceeding thirty inches (30"). http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=1 6177&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 7 E. Corner Clearance: There shall be no material obstructions to vision on any corner lot between a height of two feet (2') and a height of ten feet (10') above the finished grade of either street within a forty foot (40') triangle formed by the intersecting street lines. (Ord. 1973-56A, 3-28-74) 10-3-3: LOT AREA AND DIMENSION: A. Contiguous Parcels: When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use. B. Lots or Parcels of Land of Record: Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open spaces are not less than seventy five percent (75%) of the minimum required dimensions or areas, except as provided in Section 10-10-7 of this Title. (Ord. 1973-56A, 3-28-74) 10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 1973-56A, 3-28-74) 10-3-5: ACCESSORY BUILDINGS: A. Location: No part of any accessory building shall be located closer than five feet (6) from any side or rear property line, nor closer than ten feet (10') to any main building, unless attached and a part of such main building. B. Time of Construction: No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. C. Height of Accessory Buildings in Required Rear Yards: No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height. httpJ/sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16177&keywor... 3{16/2009 Sterling Codifiers, Inc. Page 4 of 7 D. On Reversed Corner Lots: On a reversed corner lot in a residence district and within fifteen feet (15') of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%) of the least depth which would be required under this title for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet (6) of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. (Ord. 1973-56A, 3-28-1974) 10-3-6: ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title, every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. (Ord. 2003-20, 3-11-2003) 10-3-7: REQUIRED FENCES, HEDGES AND WALLS: A. A six foot (6') high fence or wall shall be constructed along the perimeter of all areas considered by the plan commission to be dangerous to the public health and safety. B. When required by the zoning administrator, a six foot (6') high solid masonry wall shall be erected along the property line or zone boundary lines to separate industrial and commercial districts or uses from abutting residential districts as follows: 1. Where the zone boundary is at a rear lot fine which is not on a street, the wall shall be on that line. 2. Where the boundary is a side lot line, the wall shall parallel said side lot line and be reduced to three feet (3') in height in the area set forth as a required front yard for the abutting residential district. The wall paralleling the front property line shall be set back from said property line not less than ten feet (10') and the space between the wall and the front property line is to be landscaped and maintained. 3. Where the boundary is a street, the wall shall be set back from the property line a distance of ten feet (10'). The space between the wall and the property line shall be landscaped and maintained. 4. Where the boundary is an alley, the wall shall be on the property line along the alley. (Ord. 1973-56A, 3-28-1974) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16177&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 5 of 7 C. Barbed wire fencing shall be prohibited within the boundaries of the city limits unless a variance is obtained to the contrary. (1994 Code) D. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law. (Ord. 1973-56A, 3-28-1974) 10-3-8: TRAVEL TRAILERS; CAMPING TRAILERS; RECREATIONAL ITEMS: A. Permanently Affixing To Ground Prohibited: Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. B. Parking And Storage Restricted: Travel trailers shall not be parked or stored on any lot other than in a lawfully established travel camp or trailer sales or manufacturing establishment; except, that in a residence district, one travel trailer may be stored within an enclosed structure on a lot. No more than one camping trailer may be parked or stored in the open on a lot in a residence district and only when it is not located within a required yard. C. Temporary Parking: Temporary parking and use of trailers shall be permitted when a permit has been issued by the zoning administrator for the following purposes: 1. Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty (30) day period. 2. Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building, provided such trailers are located on the same or contiguous lot as the building being constructed. D. Tents: Tents shall not be erected, used or maintained onany lot, except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted when a permit has been issued for such use by the zoning administrator. E. Boats: Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling; provided, that it shall be located within the buildable area or in a rear yard and no major repair, disassembly or rebuilding operations are conducted thereon. (Ord. 1973-56A, 3-28-1974) http:f/sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16177&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 7 10-3-9: AIRPORTS AND SURROUNDING TERRITORY: Airports and surrounding territory are subject to the rules and regulations of the state of Illinois, department of aeronautics and to the following: A. Height of structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the state of Illinois, department of aeronautics shall be in accordance with the requirements set forth in the approach plan. B. Height of structures in areas ten thousand (10,000) linear feet beyond the boundaries of airports that do not have an established approach plan shall be governed by the following: 1. For an airport having the longest runway less than three thousand nine hundred fifty (3,950) linear feet in length, structures located just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height, and for every two hundred (200) linear feet of additional distance from the airport boundaries, the height of structures may be increased by not more than ten feet (10'). 2. For an airport having a runway of three thousand nine hundred fifty (3,950) linear feet or more in length, structures just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height; and for every two hundred (200) linear feet of additional distance from the airport boundaries, the height of structures may be increased by not more than five feet (6); and where a runway has been designated as an instrument runway, the height of structures may be increased by not more than four feet (4') in every two hundred (200) linear feet of additional distance from airport boundaries for the first ten thousand (10,000) linear feet, and for the area covered in the next forty thousand (40,000) linear feet, the height of structures may be increased by not more than five feet (6) in every additional two hundred (200) linear feet. C. Structures exceeding the limiting heights shall be considered obstructions to air navigation unless found not to be objectionable after special aeronautical study. Such structures may be specifically authorized as a variation after public hearing by the zoning board as provided by law. (Ord. 1973-56A, 3-28-1974) 10-3-10: PERFORMANCE STANDARDS: The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title, noise, smoke, odorous matter, vibration, toxic or noxious matter, glare or heat, fire and explosive hazards, shall also apply to all residence or business districts. (Ord. 1973-56A, 3-28-1974) 10-3-11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: http://sterling.webiness.coinl codebookl getBookData.php?id=&chapter_id=16177&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 7 of 7 When a use is not specifically listed in the sections devoted to "uses permitted", it shall be assumed that such uses are hereby expressly prohibited unless, by a written decision of the plan commission, it is determined that said use is similar to and not more objectionable than uses listed. (Ord. 1973-56A, 3-28-1974) Footnotes - Click any footnote link to go back to its reference. Footnote 1: See fences defined, section 10-2-3 of this title. http:/f sterling.webiness.com/codebook/getBookData.pbp?id=&chapter_id=16177&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 2 Chapter 4 ZONING DISTRICTS AND MAPS 10-4-1: DISTRICTS ESTABLISHED: For the purpose and provisions herein, Yorkville is hereby organized into fifteen (15) districts. The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title Zoning District IMinimum Acres Chapter 5 F-1 Flood Plain District --- Chapter 6, Article A I Estate District 1 1 Chapter 6, Article B R-1 One-Family Residence District IF 16 Chapter 6, Article C R-2 One-Family Residence District 10 Chapter 6, Article D R-2 Duplex,Two-Family Residence District --- Chapter 6, Article E R-3 General Residence District 5 Chapter 6, Article F R-4 General Residence District 2 Chapter 7, Article 110 Office District 1 Chapter.7. Article B 113-1 Limited Business District 1 Chapter 7, Article C I B-2 General Business District 2 Chapter 7, Article D B-3 Service Business District 2 Chapter 7, Article E B-4 Business District 2 Chapter_0-, Article A M-1 Limited Manufacturing District 10 Chter 8, Article B M-2 General Manufacturing District 10 Chapter 9 A-1 Agricultural District --- (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1990-18, 5-24-1990; Ord. 1992- 14A, 12-10-1992; 1994 Code; Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) 10-4-2: ZONING MAPS: The boundaries of the zoning districts designated in Section 10-4-1 of this Chapter are hereby established as shown on the maps entitled "Zoning Map: The United City of the Village of Yorkville", dated March 28, 1974, which maps accompany and are made a part hereof and shall have the same force and effect as if the Zoning Map, together with all notations, http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16178&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 2 references and other information shown thereon, were fully set forth and described herein. (Ord. 1973-56A, 3-28-1974) 10-4-3: DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A. District boundary lines are either the center lines of railroads, highways, streets, alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps from section, quarter-sections or division lines, or center lines of streets, highways or railroad rights of way unless otherwise indicated. C. Where a lot held in one ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet (25'). (Ord. 1973-56A, 3-28-1974) 10-4-4: ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, or waterways and railroad rights of way. Where the center line of a street, alley, public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. (Ord. 1973-56A, 3-28-1974) http:l/sterling.webiness.comf codebook/getBookData.php?id=&chapter_id=16178&keywor... 3/16/2009 Sterling Codifiers, Inc. Pagel of 3 Chapter 5 F-1 FLOOD PLAIN DISTRICT' 10-5-1: PURPOSE: This District is created to protect the public health and to reduce the financial burdens imposed on the City, its governmental units and its individuals, which may result from improper use of lands having excessively high water tables or are subject to frequent and periodic floods. (Ord. 1973-56A, 3-28-74) 10-5-2: USES PERMITTED: The following are permitted: A. Open type uses such as loading and unloading areas, parking lots; storage of motor vehicles (new and used) for not more than twenty four (24) hour periods, and gardens, auxiliary to uses permitted in any adjoining district. B. Storage yards for equipment and materials in movable containers and not subject to major damage by flood, provided such uses are permitted in an adjoining district, but not including acids, caustics, flammable liquids, trash, rags, bottles, scrap metal or any other materials commonly referred to as "junk". C. Open type public and private recreational facilities such as public parks, forest preserves, golf clubs, golf driving ranges, drive-in theaters, recreational lakes and other similar recreational uses, subject to all other provisions of this Title. D. Agricultural uses where no buildings are involved. E. Fences shall be open wire fences providing at least seventy percent (70%) open space. F. Planned single-family residential developments in unsubdivided areas only and single-family residences on lots of record prior to the effective date hereof, subject to the following requirements: 1. All lots are served with a public or central sewerage system approved by the City and the Illinois Sanitary Water Board. 2. All finished floors, including cellars, shall be at an elevation of not less than two feet (2') http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter^id=16179&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 3 above the high water elevation as recorded in the 1954 flood along the Fox River. 3. Area for water retention shall be provided which will provide water retention equal in volume to that displaced by the development. (Ord. 1973-56A, 3-28-74) 10-5-3: CONDITIONS OF USE: In the F-1 Districts, the following conditions of use shall pertain: A. No filling of land shall be permitted except where approved by the Plan Commission and subject to such conditions as may be stipulated to protect the public interest. B. The natural drainage grade shall not be substantially altered. C. Any structures permitted shall be placed on the lot so as to offer the minimum obstruction to the flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream. D. Where, in the opinion of the Plan Commission, topographic data, engineer and other studies are needed to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Plan Commission may require the applicant to submit data or other studies prepared by competent engineers or other technicians. E. All uses permitted shall be subject to approval of the Plan Commission and to such conditions as may be stipulated to protect the public interest. F. Area for water retention shall be provided which will provide water retention equal in volume to that displaced by the development. G. Planned single-family residential developments, where permitted, shall contain adequate storm drainage or other facilities capable of protecting the area from flooding. H. No basement or other floor shall be constructed below existing ground level. i. All planned single-family residential developments shall be subject to the final approval of the City Council that all of the foregoing requirements of this Section have been compliedwith. httpal sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16179&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 3 J. No building or structure shall be erected and no existing building or structure shall be moved unless the main floor elevation of said building or structure is established with a finished first floor elevation not less than two feet (2') above the highest known flood elevation. (Ord. 1973-56A, 3-28-74) 10-5-4: FLOOD PLAIN FRINGE AREAS: Areas lying outside of and adjacent to the flood plain districts, as shown on the zoning maps, shall be subject to the following regulations: A. No basement floor or other floor shall be constructed below or at a lower elevation than the main floor. B. Land may be filled within the flood plain fringe areas, provided such fill shall extend at least twenty five feet (25') beyond the limits of any structure erected thereon. C. Foundations of all structures shall be designed to withstand flood conditions at the site. (Ord. 1973-56A, 3-28-74) Footnote 1 : See also the provisions of Title 8, Chapter 7 of this Code. http://sterling.webiness.corn/codebook/getBookData.php?id=&ehapter_id=16179&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 1 Chapter 6 RESIDENTIAL DISTRICTS httpa/sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16180&keywor... 3116/2009 Sterling Codifiers, Inc. Page ] of S ARTICLE A. ESTATE DISTRICT 10-6A-1: USES PERMITTED: The following uses are permitted: Accessory uses. Churches, rectories and parish houses. Golf courses, regulation size, but not including "par 3" golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be nearer than five hundred feet (500') to any dwelling on an adjacent zoning lot. Home occupations. Off street parking facilities, as required or permitted in accordance with the provisions of chapter 11 of this title. One-family detached dwellings. Parks, forest preserves and recreational areas, when publicly owned and operated. Public utility facilities, as defined in the state act entitled "an act concerning public utilities". Schools; public, denominational or private, elementary and high, including playgrounds, garages for school buses and athletic fields auxiliary thereto. Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation. Signs, as permitted and regulated by title 8, chapter 11 of this code. Temporary buildings for construction purposes for a period not to exceed such construction. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1 994-31, 7-15-1994) 10-6A-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of section 10-14-6 of this title: Airports or aircraft landing fields. Cemeteries, including crematories and mausoleums in conjunction therewith if not located within five hundred feet (500') of any dwelling. Colleges and universities, including dormitories, fraternities, sororities and other accessory http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16181&keywor... 3116/2009 Sterling Codifiers, Inc. Page 2 of 5 buildings and structures when located on the college or university grounds, but not including business colleges or trade schools when operated for profit. Daycare centers. Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes. Institutions for the aged and for children. Philanthropic and eleemosynary institutions. Planned residential or institutional developments under single ownership or control in which incidental business or recreational facilities for the convenience of the occupants may be furnished. For such developments, the city council may vary the bulls regulations of this title, provided such variations are consistent with the general purpose and intent of this title and as set forth in chapter 14 of this title, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding area. Private recreational areas or camps when not operated for profit. Public service uses: Electric substations and booster stations. Filtration plant, pumping station and water reservoir. Police and fire station. Sewage treatment plant. Telephone exchange. Radio and television towers, commercial. Railroad rights of way and trackage, but not including classification yards, terminal facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, for human beings only. Sale of antique goods and property from a structure deemed to have historic significance as defined in the united city of Yorkville overlay zoning ordinance. Schools, day or nursery, public or private. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7- 15-1994; Ord. 2000-1, 1-27-2000; Ord. 2003-37, 7-8-2003; Ord. 2003-42, 7-22-2003; Ord. 2003-50, 8-12-2003) 10-6A-3: LOT AREA: http://sterl ing.webiness.corm codebook/getBookData.pbp?id=&chapter_id=16181&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 5 A. Every one-family detached dwelling hereinafter erected shall be located on a tract of land having an area of not less than one acre and with a width at the established building line not less than two hundred feet (200'). B. All nonresidential principal use buildings, as permitted in this article, shall be located on a tract of land having an area of not less than one acre and with a width at the established building line of not less than two hundred feet (200'). C. Lot size for special uses shall be specified in the special use permit but shall not be less than five (5) acres. (Ord. 2000-1, 1-27-2000) 10-6A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: (Ord. 1973-56A, 3-28- 1974) A. Front Yard: A front yard of not less than fifty feet (50'). B. Side Yards: A side yard on each side of the zoning lot of not less than fifty feet (50'). C. Rear Yard: A rear yard of not less than fifty feet (50'). (Ord. 2000-1, 1-27-2000) 10-6A-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of the zoning lot may be occupied by buildings and structures including accessory buildings. (Ord. 2000-1, 1-27-2000) 10-6A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or structurally altered to exceed the following heights: A. One-Family Detached Dwellings: Twenty five feet (25') and not more than two and one-half (2112) stories. http://sterting.webiness.coin/codebook/getBookData.php?id=&chapter_id=16181&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 5 B. Churches: Seventy five feet (75') for towers and steeples, but not more than forty five feet (45') for the main structure. C. Other Nonresidential Buildings: Other nonresidential permitted buildings and structures shall not exceed thirty five feet (35') and not more than three (3) stories in height. Parapet walls, chimneys, cooling towers, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of thirty five feet (36), provided they are constructed in accordance with all other regulations of the city. D. Special Uses: Maximum height limitations shall be specified with the granting of a special use permit. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994) 10-6A-7: PERFORMANCE STANDARDS: A. All streetlights shall be required at intersections with a minimum spacing of five hundred feet (500') with lights also placed at curves or dead end streets as required by the city. B. No sidewalks are required. However, in the event sidewalks are not provided, paved trails must be provided that meet the city's standards, specifically a ten foot (10') width with an exit and entrance identification consisting of two inches (2") of asphalt on eight inches (8") of CA-6 aggregate. Dedicated easements at least fifteen feet (15') wide must be provided for the trail. C. All driveways must be paved with brick, asphalt or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve inches (12") or greater, as required by the city. D. Streets will require a seventy foot (70') minimum dedicated right of way with a fifty foot (50') front yard setback. Twenty eight feet (28') of actual asphalt with a twenty five foot (25') driving area marked by thermoplastic reflective strip is required. Thirty two foot (32') width of full depth stone to provide two foot (2') wide stone shoulders at least twelve inches (12") thick. A ditch shall be required on both sides of the street and shall have a minimum profile slope of one percent (1%) (side slope 4:1 on the street side, and 3:1 on the lot side). Mailbox turnouts will be paved, using driveway specifications to determine thickness. (Ord. 1997-1, 2-13-1997) E. Private wells are allowed if the subdivision or lot is not within two hundred fifty feet (250') of municipal water service provided that public sanitary sewer mains serve the lot or parcels for which permission for a private well is sought. Private septic systems are allowed if the http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16181&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 5 of 5 subdivision or lot is not within two hundred fifty feet (250') of public sanitary sewer provided that public water is being used to serve the lot or parcels for which permission for a private septic is sought. However, if a private well is allowed on the lot or parcel then a septic field is not allowed on the lot or parcel; and conversely if a private septic system is allowed on the parcel then a private well is not allowed on the lot or parcel. A newly platted subdivision must have either all private wells or all private septic systems, but not a mix of both and only when the municipal water or sanitary sewer service is more than two hundred fifty feet (250') away. If a lot is within two hundred fifty feet (250') of public water or sanitary sewer service, that lot may maintain its private septic or private well only until failure of the private septic or private well. At that time the lot must be connected to the public sanitary sewer or public water service as the case may be at the lot owner's sole expense. After connection to the city sanitary sewer system, individual private septic fields shall be abandoned by pumping out the tank, knocking in the cover and filling with dirt or stone. After connection to the city water system, individual private wells shall be properly capped as provided under the Illinois public health code. All public improvements shall conform to the city standard specifications for municipal water and sanitary sewer improvements. (Ord. 2001-20, 4-26- 2001) Footnote 1: 220 ILCS 511-101. http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=1618 1&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 4 ARTICLE B. R-1 ONE-FAMILY RESIDENCE DISTRICT 10-613-1: USES PERMITTED: The following uses are permitted: Accessory uses. Churches, rectories and parish houses. Golf courses, regulation size, but not including "par 3" golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be nearer than five hundred feet (500') to any dwelling on an adjacent zoning lot. Home occupations. Off street parking facilities, as required or permitted in accordance with the provisions of chapter 11 of this title. One-family detached dwellings. Parks, forest preserves and recreational areas, when publicly owned and operated. Public utility facilities, as defined in the state act entitled "an act concerning public utilities". Schools; public, denominational or private, elementary and high, including playgrounds, garages for school buses and athletic fields auxiliary thereto. Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation. Signs, as permitted and regulated by title 8, chapter 11 of this code. Temporary buildings for construction purposes for a period not to exceed such construction. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) 10-613-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of section 10-14-6 of this title: Airports or aircraft landing fields. Cemeteries, including crematories and mausoleums in conjunction therewith if not located within five hundred feet (500') of any dwelling. bttp://sterling.webiness.com/codebook/getBookData,php?id=&chapter ld=I6182&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 4 Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures when located on the college or university grounds, but not including business colleges or trade schools when operated for profit. Daycare centers. Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes. Institutions for the aged and for children. Philanthropic and eleemosynary institutions. Planned residential or institutional developments under single ownership or control in which incidental business or recreational facilities for the convenience of the occupants may be furnished. For such developments, the city council may vary the bulk regulations of this title, provided such variations are consistent with the general purpose and intent of this title and as set forth in chapter 1�4 of this title, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding area. Private recreational areas or camps when not operated for profit. Public service uses: Electric substations and booster stations. Filtration plant, pumping station and water reservoir. Police and fire station. Sewage treatment plant. Telephone exchange. Radio and television towers, commercial. Railroad rights of way and trackage, but not including classification yards, terminal facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, for human beings only. Schools, day or nursery, public or private. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7- 15-1994; Ord. 1995-20, 8-10-1995; Ord. 2000-1, 1-27-2000) 10-6B-3: LOT AREA: http:l/sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16182&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 4 A. Every one-family detached dwelling hereinafter erected shall be located on a tract of land having an area of not less than eighteen thousand (18,000) square feet and with a width at the established building line not less than one hundred feet (100'). B. All nonresidential principal use buildings, as permitted in this article, shall be located on a tract of land having an area of not less than eighteen thousand (18,000) square feet and with a width at the established building line of not less than one hundred feet (100'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1988-2, 1-28-1988; Ord. 1994-31, 7-15-1994; Ord. 2000- 1, 1-27-2000) C. Lot size for special uses shall be specified in the special use permit but shall not be less than five (5) acres. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000- 1, 1-27-2000) 10-613-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than forty feet (40'). B. Side Yards: A side yard on each side of the zoning lot of not less than fifteen feet (15'), except where a side yard adjoins a street, the minimum width shall be increased to forty feet (40'). C. Rear Yard: A rear yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000) 10-613-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. Drives and sidewalks on grade are not to be considered structures. (Ord. 2003-40, 7-22-2003) 10-613-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or structurally altered to exceed the following heights: http:,I/sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16182&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 4 A. One-Family Detached Dwellings: Thirty feet (30') and not more than 2.5 stories, whichever is less. B. Churches: Seventy five feet (75') for towers and steeples, but not more than forty five feet (45') for the main structure. C. Other Nonresidential Buildings: Other nonresidential permitted buildings and structures shall not exceed thirty five feet (35') and not more than three (3) stories in height. Parapet walls, chimneys, cooling towers, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of thirty five feet (35), provided they are constructed in accordance with all other regulations of the city. D. Special Uses: Maximum height limitations shall be specified with the granting of a special use permit. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27- 2000) Footnotes - Click any footnote link to go back to its reference. Footnote l: 220 ILCS 511-101. http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter id=16182&keywor... 3/16{2009 Sterling Codifiers, Inc. Pagel of 3 ARTICLE C. R-2 ONE-FAMILY RESIDENCE DISTRICT 10-6C-1: USES PERMITTED: The following uses are permitted: Any permitted use in the Estate District or the R-1 One-Family Residence District. (Ord. 2000- 1, 1-27-2000) 10-6C-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the Estate District or the R-1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. Bed and breakfast inns. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-36, 10-13-1994; Ord. 2000-1, 1-27-2000) 10-6C-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: 1. One acre with a width at the building line not less than one hundred twenty five feet (125'). Density shall not exceed one dwelling unit per each acre. (Ord. 1973-56A, 3-28- 1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 2. This subsection shall apply within the one and one-half(11/2) mile planning limits of the City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon: a. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. b. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. c. That due to unique size, terrain or character of the petitioner's development, it is http:0/sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16183&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 3 necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. d. That the City is unable to provide capacity in its water or sewer mains; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. (Ord. 1988-2, 1-28-1988; amd. Ord. 2000-1, 1-27-2000) B. Lots served by both public sewerage and water facilities shall have an area of not less than twelve thousand (12,000) square feet and a width at the building line of not less than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Article shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 10-6C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10% or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6C-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures including accessorybuildings. (Ord. 2000-1, 1-27-2000) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16183&keywor... 3/16/2004 Sterling Codifiers, Inc. Page 3 of 3 10-6C-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16183&keywor... 3/16/2009 Sterling Codifiers, Inc. Pagel of 3 ARTICLE D. R-2 DUPLEX, TWO-FAMILY RESIDENCE DISTRICT 10-6D-1: USES PERMITTED: The following uses are permitted: Any permitted use in the R-2 One-Family Residence District. Two-family semidetached dwellings (duplexes). (Ord. 2000-1, 1-27-2000) 10-6D-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the Estate District or the R-1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. (Ord. 2000-1, 1-27-2000) 10-6D-3: LOT SIZE AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: one and one-half(11/2) acres with a width at the building line not less than one hundred fifty feet (150'). Density shall not exceed one and three-tenths (1.3) dwelling units per acre. Private wells and/or private sewage treatment facilities may be used to serve a lot containing a minimum of one and one-half(11/2) acres within the City limits and within the one and one-half 0 1/2) mile planning limits of said City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon: 1. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewermains. 2. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. 3. That due to unique size, terrain or character of the petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16184&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 3 4. That the City is unable to provide capacity in its water or sewer mains; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District plant for disposal of sewage. B. Lots served by both public sewer and water facilities shall have an area of not less than fifteen thousand (15,000) square feet and a width at the building line of not less than one hundred feet (100'). Density shall not exceed four and eight-tenths (4.8) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Section shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall be specified in the special use permit but shall not be less than two (2) acres. (Ord. 1990-18, 5-24-1990; amd. Ord. 2000-1, 1-27-2000) 10-6D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10') or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard. A rear yard of not less than thirty feet (30'). (Ord. 1990-18, 5-24-1990; amd. Ord. 2000-1, 1-27-2000) 10-6D-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures including accessory buildings. (Ord. 2000-1, 1-27-2000) 10-6D-6: MAXIMUM BUILDING HEIGHT: http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16184&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 3 Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1990-18, 5-24-1990; amd. Ord. 2000-1, 1-27-2000) httpa/sterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=161$4&keywor... 3116/2009 Sterling Codifiers, Inc. Page ] of 4 ARTICLE E. R-3 GENERAL RESIDENCE DISTRICT 10-6E-1: USES PERMITTED: The following uses are permitted: Any of the permitted uses in the R-2 Residence Districts. Multiple-family dwellings. Two-family detached dwellings. (Ord. 1973-56A, 3-28-1974; amd. Ord., 11-20-1975; Ord. 2000-1, 1-27-2000) 10-6E-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: A. Allowed: Any of the special uses permitted in the R-2 Residence Districts. Boarding and lodging houses. Mobile home park, on a lot not less than ten (10) acres in area. Tourist homes having not more than five (5) rooms for transient guests. (Ord. 1973-56A, 3- 28-1974; amd. Ord. 2000-1, 1-27-2000) B. Prohibited: Daycare centers. (Ord. 1995-20, 8-10-1995; amd. Ord. 2000-1, 1-27-2000) 10-6E-3: LOT DIMENSIONS: A. Lot Area Per Dwelling: 1. Allowable Density: Allowable density based upon the gross area should not exceed five (5.0) dwelling units per acre (gross) and shall have an area of not less than nine thousand (9,000) square feet. (Ord. 1997-20, 8-14-1997; amd. Ord. 2000-1, 1-27-2000) 2. Nonresidential Principal Uses: All nonresidential principal uses permitted in this Article shall be located on a lot having an area of not less than fifteen thousand (15,000) square feet and a width of not less than one hundred feet (100') at the building line. http:ll sterling.webiness.com/codebooklgetBookData.php?id=&chapter_id=16185&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 4 3. Special Uses: Minimum lot size and dimensions shall be specified with the granting of a special use permit, but shall not be less than nine thousand (9,000) square feet. B. Lot Width: 1. For single-family detached and two-family detached dwellings, not less than seventy feet (70'). 2. For single-family attached dwellings, not less than ninety feet (90'). (Ord. 1973-56A, 3- 28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6E-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained: A. For one- and two-family dwellings, the same regulations as required in the R-2 Residence District for one-family dwellings. B. For single-family attached dwellings- 1. Front Yard: Not less than thirty feet (30'). 2. Side Yards: Two (2) side yards, each not less than ten feet (10') in width, except a side yard adjoining a street shall not be less than twenty feet (20') in width. (Ord. 1973-56A, 3- 28-1974; amd. Ord. 2000-1, 1-27-2000) 3. Rear Yard: Not less than thirty feet (30'). (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 10-6E-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures including accessory buildings. (Ord. 2000-1, 1-27-2000) 10-6E-6: MAXIMUM BUILDING HEIGHT: A. For single-family detached dwellings and permitted nonresidential buildings and structures, http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16185&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 4 the same regulations shall apply as provided in the R-1 residential district. B. All other dwelling types not located within the "downtown area" as described by exhibit A, attached to the ordinance codified herein, not more than six (6) stories or eighty feet (80% whichever is lower. (Ord. 2006-67, 8-8-2006) 10-6E-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter_11 of this title. (Ord. 1973-56A, 3-28- 1974; amd. Ord. 2000-1, 1-27-2000) 10-6E-8: WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM: All residential special uses permitted in this district shall be served by an approved water and sanitary sewer system. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6E-9: MINIMUM FLOOR AREA PER DWELLING UNIT: A one-story structure shall have a minimum of one thousand two hundred (1 ,200) square footage, and a two-story structure shall have a minimum of one thousand four hundred (1,400) square feet of livable space excluding the garage. (Ord. 1997-20, 8-14-1997; amd. Ord. 2000- 1, 1-27-2000) 10-6E-10: MINIMUM BUILDING SEPARATIONS: The following shall be maintained as a minimum (and should beexclusive of required roadway setbacks): Side to side 20 feet Side to rear 40 feet Rear to rear 60 feet Front to side 50 feet Front to front 50 feet Rear to front 100 feet Each building should have a maximum of six (6) dwelling units. http:{/sterling.webiness.corn/codebook/gettBookData.php?id=&chapter_id=16185&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 4 A. Building Standards: Any owner of property zoned R-3 general residence district as of the date hereof, existing within the boundaries of the city, may rely and build on that property, based on the minimum lot area standards of the previous R-3 ordinance, for two (2) years following the enactment hereof, except in the case of any currently zoned property affected by this chapter that does not currently have city sanitary sewer service available. In the event any currently zoned real property does not have sanitary sewer service currently available, the two (2) year period for compliance with the earlier ordinance shall expire two (2) years from the date of notification in writing, to the respective property owners affected without current sanitary sewer service, by the city administrator that sanitary sewer service has now become available for any affected property. Thereafter, those properties must conform to the new standards set forth in this chapter. (Ord. 1997-20, 8-14-1997; amd. Ord. 2000-1, 1-27-2000) http:l/sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16185&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 3 ARTICLE F. R-4 GENERAL RESIDENCE DISTRICT 10-6F-1: USES PERMITTED: The following uses are permitted: Any of the permitted uses in the R-3 Residence District. Multiple-family dwellings. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27- 2000) 10-6F-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any of the special uses permitted in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-3: LOT DIMENSIONS: A. Lot Area Per Dwelling: 1. Single-Family Dwellings: All single-family dwellings included in the R-4 Residence District shall conform to the regulations in the R-3 Residence District. (Ord. 1973-56A, 3- 28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 2. Multi-Family Structures: All multi-family structures shall be located on a lot which provides the following minimum land area per dwelling unit: Type Of Minimum Lot Dwelling Unit Area Per Dwelling 4 bedroom and over 5,000 square feet 3 bedroom 114,500 square feet 2 bedroom I 4,000 square feet 1 bedroom 113,500 square feet Efficiency 2,500 square feet hap:llsterling.web iness.corn/codebook/getBookData.php?id=&chapter_id=16186&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 3 For the purpose of determining lot area any room other than a living room, dining room, kitchen or bath shall be counted as a bedroom. 3. Minimum Lot Area; Density: A lot shall not be less than fifteen thousand (15,000) square feet in area, and the allowable density based upon the gross area shall not exceed eight (8) dwelling units per acre (gross). (Ord. 1997-21, 8-14-1997; amd. Ord. 2000-1, 1-27- 2000) 4. Nonresidential Principal Uses: All nonresidential principal uses permitted in this Article shall be located on a lot having an area of not less than fifteen thousand (15,000) square feet and with a width of not less than one hundred feet (100') at the building line. 5. Special Uses. Minimum lot size and dimensions shall be specified with the granting of a special use permit, but shall not be less than nine thousand (9,000) square feet. B. Lot Width: 1. For any use permitted in the R-3 Residence District, the same regulations shall apply. 2. Multiple-family dwellings not less than ninety feet (90'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) C. Building Standards: Any owner of property zoned R-4 General Residence District as of the date of this Ordinance, existing within the boundaries of the City, may rely and build on that property, based on the minimum lot area standards of the previous R-4 ordinance, for two (2) years following the enactment hereof, except in the case of any currently zoned property affected by this chapter that does not currently have city sanitary sewer service available. In the event any currently zoned real property does not have sanitary sewer service currently available, the two (2) year period for compliance with the earlier ordinance shall expire two (2) years from the date of notification in writing, to the respective property owners affected without current sanitary sewer service, by the city administrator that sanitary sewer service has now become available for any affected property.Thereafter, those properties must conform to the new standards set forth in this chapter. (Ord. 1997- 21, 8-14-1997; amd. Ord. 2000-1, 1-27-2000) 10-6F-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained: (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) A. For all dwellings permitted in the R-4 residence district, the same regulations as required in the R-3 residence district. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27- 2000) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16186&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 3 B. For multiple-family dwellings: 1. Front Yard: Front yard not less than thirty feet (30'). 2. Side Yards: Two (2) side yards, each twelve feet (12') in width; or, a side yard of sixty percent (60%) of the building height (whichever is greater), except a side yard adjoining a street shall not be less than twenty feet (20') in width. 3. Rear Yard: Rear yard not less than forty feet (40') in depth. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of the zoning lot may be occupied by buildings and structures including accessory buildings. (Ord. 2000-1, 1-27-2000) 10-6F-6: MAXIMUM BUILDING HEIGHT: A. For all dwellings and permitted nonresidential buildings and structures permitted in the R-4 residence district, the same regulations shall apply as provided in the R-3 residence district. B. All other dwelling types not located within the "downtown area" as described by exhibit A, attached to the ordinance codified herein, not more than six (6) stories or eighty feet (80'), whichever is lower. (Ord. 2006-67, 8-8-2006) 10-6F-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-8: WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM: All residential special uses permitted in this district shall be served by an approved water and sanitary sewer system. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) http:ll sterling.webiness.com/codebookfgetBookData.php?id=&chapter_id=16186&keywor... 3116/2009 Sterling Codifiers, Inc. Page l of 1 Chapter 7 BUSINESS DISTRICTS http://sterling.webiness.coin icodebook/getBookData.php?id=&chapter id=16187&keywor... 3/16/2009 Sterling Codifiers, Inc. Pagel of 3 ARTICLE A. O OFFICE DISTRICT 10-7A-1 : USES PERMITTED: Advertising agency. Barbershop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stockbroker. http.H sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16I 88&keywor... 3116/2009 Sterling Codifiers, Inc. Page 2 of 3 Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2008-24, 4-10-2008) 10-7A-2: SPECIAL USES: Banks. Credit unions. Daycare centers. Drive-through facilities. Planned developments. Savings and loan associations. Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995; Ord. 2008-24, 4-10-2008) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord. 1973-56A, 3- 28-1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot ofnot less than ten feet (10'), except http://sterling.web]ness.coml codebook/getBookData.php?id=&chapter_id=16188&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 3 where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35') within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1 974) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16188&keywor... 3/16/2009 Sterling Codif ers, Inc. Page 1 of 5 ARTICLE B. B-1 LIMITED BUSINESS DISTRICT 10-713-1 : USES PERMITTED: All uses permitted in the 4 district. Antique sales. Apartments, single-family, located in business buildings. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. Cigar, cigarette and tobacco store. Clothes - pressing and repair. Club - private indoor. Club - private outdoor. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16189&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 5 Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Substation. Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 1994-1A, 2-10-1994; Ord. 2003-41, 7-22-2003) httpa/sterl ing.webiness.com/codebook/getBookData.php?id=&chapter_id=161$9&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 5 10-7B-2: SPECIAL USES: A. Allowed: All special uses permitted in O district. Liquor store. Tavern - nightclub. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1978-10, 9-28-1978) B. Prohibited: Daycare centers. (Ord. 1995-20, 8-10-1995) 10-7B-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1973-56A, 3-28- 1 974) 10-7B-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-1 district of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-1 zoning district within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than twenty feet (20') shall be required. 2. The zoning board of appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-1 district if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) http://sterling.webiness.com/codebookfgetBookData.php?id=&chapter_id=16184&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 5 C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than twenty feet (20') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 one-family residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) 10-7B-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-713-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35') within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-713-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1 974) 10-713-8: SINGLE-FAMILY APARTMENTS IN BUSINESS BUILDINGS: A. Buildings To Comply With BOCA Code: Apartments may be on any floor of a business building, in conformance with BOCA code. B. Containment Within Business Building: Said apartment must be contained in the business building and not exist separate and apart from the building. http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter id=16189&keywor... 3/16/2009 Sterling Codifers, Inc. Page 5 of 5 C. Number Of Apartments: In the case of a business which contains more than one apartment on a second floor above a first floor business, said business is allowed to have two (2) apartments maximum. D. Conflicting Provisions Repealed: 1. Any and all zoning ordinances which prohibit apartments in property zoned for business are hereby specifically revoked. 2. This amendment shall replace any ordinance which prohibits apartments in property zoned for business. (Ord. 1994-1A, 2-10-1994) Footnotes - Click any footnote link to go back to its reference. Footnote 1: See section 10-7B-8 of this article. http:Hsterling.webiness.coin/codebook/getBookData.php?id=&chapter_id=16189&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 4 ARTICLE C. B-2 GENERAL BUSINESS DISTRICT 10-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances - sales. Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store - all types. Dance hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16190&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 4 Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Pawnshop. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16190&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 4 Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Apartments, single-family, located in business buildings. Gasoline service station. Marina. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-1A, 2-10-1994) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1966) 10-7C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of theparcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) http://sterling.webiness.com/codebook/getBookData.php?id=&cbapter_id=16190&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 4 C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) 10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7C-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35') within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7C-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1 974) Footnotes - Click any footnote link to go back to its reference. Footnote 1 : See Section 10-7B-8 of this Chapter. http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16190&keywor... 311612009 Sterling Codifiers, Inc. Page I of 4 ARTICLE D. B-3 SERVICE BUSINESS DISTRICT 10-1D-1: PERMITTED USES: All uses {permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16191&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 4 Pump sales. Recreational vehicle sales and service. Skating rink. Sports arena. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Truck sales and service. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1 986; Ord. 1988-7, 4-14- 1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998; Ord. 2005-58, 7-12-2005) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 district. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10- 1995) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1986) http:/f sterling.webiness.comi codebook/getBookData.php?id=&chapter_id=16191&keywor... 3016/2009 Sterling Codifiers, Inc. Page 3 of 4 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 district of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 zoning district within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The zoning board of appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 district if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20').(Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 one-family residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 zoning district is located next to an arterial roadway, as defined in the city's comprehensive plan, a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 zoning district is located next to a nonarterial roadway, as defined in the city's comprehensive plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11-5-1998) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16191&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 4 10-7D-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35') within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7D-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1974) http:/l sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16191&keywor... 3/16/2009 Sterling Codifiers, Inc. Pagel of 2 ARTICLE E. B-4 BUSINESS DISTRICT 10-7E-1: USES PERMITTED: All uses permitted in the B-3 District. Auction house. Garage - bus or truck. Utility company maintenance yard. Utility service yard or garage. (Ord. 1986-1, 1-9-1986; amd. 1994 Code; Ord. 1998-21, 6-25- 1998) 10-7E-2: SPECIAL USES: A. Allowed: All uses permitted in the B-3 District. (1994 Code) B. Prohibited: Daycare centers. Stadiums. (Ord. 1995-19, 8-10-1995; amd. Ord. 1995-20, 8-10-1995) 10-7E-3: LOT AREA: Same as in the B-3 District. (Ord. 1986-1, 1-9-1986) 10-7E-4: YARD AREAS: Same as in the B-3 District. (Ord. 1986-1, 1-9-1986) 10-7E-5: LOT COVERAGE: http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16192&keywor... 3/1 6/2009 Sterling Codifiers, Inc. Page 2 of 2 Same as in the B-3 District. (Ord. 1986-1, 1-9-1986) 10-7E-6: MAXIMUM BUILDING HEIGHT: Same as in the B-3 District. (Ord. 1986-1, 1-9-1986) 10-7E-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1986-1, 1-9-1986) http:Hsterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=l 6192&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 6 Chapter 8 MANUFACTURING DISTRICTS 10-8-1 : PERFORMANCE STANDARDS: Any use established in a manufacturing district after the effective date hereof shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located. (Ord. 1973-56A, 3-28-74) 10-8-1-1: NOISE AND VIBRATION: A. Noise: Noise shall be measured at any adjacent lot line and/or district boundary, as indicated in Table 1 of subsection C hereinafter. At the specified points of measurement, the sound pressure level of any activity or operation (except those not under the direct control of the industrial use, such as transportation facilities) shall not exceed the values tabulated in Tables 1, 2, 3 and 4 of subsection C hereinafter between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. The instruments used for these measurements shall conform to all current American National Standards Institute specifications. Impact noises are those whose peak values are more than three (3) dB higher on the fast response than the r.m.s. values indicated on the sound level meter. B. Vibration: Vibration shall be measured at any adjacent lot line and/or district boundary as indicated in Table 4 of subsection C of this Section. At the specified points of measurements, the vibration shall not exceed the limits listed in Table 5 of subsection C hereof. The instrument used for these measurements shall be a three-component recording system. C. Tables: TABLE 1 Reference Commercial Residential Manufacturing Adjacent District District District Lot Line Boundary Boundary M-1 0--- B M-2 0 A J1C http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=16193&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 6 Between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M., the permissible sound levels across residential district boundaries shall be reduced by five (5) dB in each octave band, or in the overall band for impact noises. TABLE 2 Maximum Permitted Sound Levels, Preferred Frequency Octave Bands Preferred Center Frequency A_ B C_ Cycles/Second 31.5 88 83 86 63 79]F71 75 125 69 59 64 250 62 52 57 500 58 47 I 53 1,000 54 44 49 2,000 51 40 46 4,000 49 37 44 8,000 1 K]35-- 41 Measurement of the sound levels may also be made using an A-weighted scale sound level meter. The levels in Table 2 shall be considered to have been met if the A-weighted levels are not greater than the following: TABLE 3 Maximum Permitted Sound Levels, dB(A)l for Screening Purposes Required Level Sound Level, dB(A) A 60 B 50 C 1 55 TABLE 4 Reference Commercial Residential Manufacturing Adjacent District District District Lot Line Boundary Boundary http://sterling.web iness.comf codebook/getBookData.php?id=&chapter_id=16193&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 6 L M-2IA I___ B 0 A JIB Particle velocity as specified in Table 5 may be measured directly, or if computed on the basis of displacement and frequency, measurements shall be computed from the formula 6.28 FD, where F is the frequency of the vibration in cycles per second and D is the single amplitude displacement of the vibration in inches. TABLE 5 Maximum Permissible Particle Velocity of the Ground Vibration Particle Velocity Steady State jimpact Applicable Limit Inches/Second lnches/Sound A 0.10 10.20 B 0.02 0.24 The maximum particle velocity shall be the vector sum of three (3) simultaneous mutually perpendicular components recorded. CFor the purpose of this Title, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations. (Ord. 1973-56A, 3-28-74) 10-8-1-2: SMOKE: A. General Provisions: 1. For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann Chart described in the U.S. Bureau of Mines Information Circular 8333 shall be employed. The emission of smoke or particulate matter of a density or equivalent greater than No. 2 or its equivalent on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter. (Ord. 1973-56A, 3-28-74; 1994 Code) 2. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, wetting or other acceptable means. 3. The open burning of refuse, paint, oil, debris and any other combustible material is http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=I 6193&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 6 prohibited in all industrial districts. 4. Particulate matter loadings in pounds per acre described below shall be determined by selecting a continuous four (4) hour period which will result in the highest average emission rate. B. Requirements in M-1 District: The emission of smoke having a density or equivalent opacity in excess of Ringelmann No. 0 is prohibited. However, for two (2) minutes in any four (4) hour period, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not exceed two-tenths (0.2) of a pound per acre of lot area per hour. C. Requirements in M-2 District: The emission of smoke having a density or equivalent opacity in excess of Ringelmann No. 1 is prohibited. However, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all stacks and vents within the boundaries of any lot shall not exceed one pound per acre of lot area per hour. (Ord. 1973-56A, 3-28-74) 10-8-1-3: ODOR: A. General Provisions: 1. The release of materials capable of becoming odorous either by bacterial decomposition or chemical reaction shall meet the standards of the district in which the odor is created. 2. Odor thresholds shall be determined in accordance with ASTMD 1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" or its equivalent. B. Requirements in M-1 District: In the M-1 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation. C. Requirements in M-2 District: In the M-2 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the district boundary line, measured either at ground level or habitable elevation. (Ord. 1973-56A, 3- 28-74) 10-8-1-4: TOXIC MATTER: http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16193&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 5 of 6 A. General Provisions: The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic materials currently listed in threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the City that the proposed levels will be safe to the general population. B. Requirements in M-1 District: In the M-1 District, the release of airborne toxic matter shall not exceed two and one-half percent (2112%) of the threshold limit value across district boundary lines. (Ord. 1973-56A, 3-28-74) 10-8-1-5: FIRE AND EXPLOSIVE HAZARDS: A. Detonable Materials: Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be in accordance with the regulations of each manufacturing district. Such materials shall include, but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as dry nitro-cellulose, black powder, baron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chloride and potassium nitrate; blasting explosives such as dynamite and nitroglycerine, unstable organic compounds such as acetylides, tetrazoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials and products, reactor elements such as Uranium 235 and Plutonium 239. 1. Requirements in M-1 District: In the M-1 District, thestorage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds per use. 2. Requirements in M-2 District: In the M-2 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds. B. Fire Hazard Solids: 1. Requirements in M-1 District: In the M-1 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of not less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be not closer than forty feet (40') from lot lines. 2. Requirements in M-2 District: In the M-2 District, the storage, utilization or manufacture http://sterling.webiness.coin/codebooklgetBookData.php?id=&chapter_id=16143&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 6 of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of no less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be no closer than forty feet (40') from lot lines. C. Fire Hazard Liquids and Gases: 1. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this subsection, exclusive of the storage of finished products in original sealed containers (55 gallons or less), which shall be unrestricted. 2. The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each of the industrial districts: STORAGE CAPACITY OF FLAMMABLE LIQUIDS AND GASES LIQUIDS GASES Above 125-300 Below Ground 125-300 Above Below Ground Flash Point ° Ground Ground Flash Point ° Less than Less than 12_5 125 M-1 5,000 20,000 gal. 10,000 gal. 40,000 150,000 300,000 gal. gal. SCF SCF M-2 50,000 100,000 20,000 gal. 80,000 1.5x106 3x106 SCF gal. gal. gal. SCF The storage of flammable liquids having a flash point of300° Fahrenheit or higher may be permitted without restriction in all manufacturing districts, subject to other requirements for the district. (Ord. 1973-56A, 3-28-74) 10-8-1-6: GLARE: In all manufacturing districts, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of five tenths (0.5) foot-candle when measured in a residential district. (Ord. 1973-56A, 3-28-74) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16193&keywor... 3/1612009 Sterling Codifiers, Inc. Page 1 of 8 ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT 10-8A-1: USES PERMITTED: The following uses are permitted: A. Production, processing, cleaning, testing or repair, limited to the following uses and products: Advertising displays. Apparel and other products manufactured from textiles. Art needlework and hand weaving. Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure. Awnings, venetian blinds. Bakeries. Beverages - nonalcoholic. Books - hand binding and tooling. Bottling works. Brushes and brooms. Cameras and other photographic equipment and supplies. Canning and preserving. Canvas and canvas products. Carpet and rug cleaning. Ceramic products - such as pottery and small glazed tile. Cleaning and dyeing establishments when employing facilities for handling more than one thousand five hundred (1,500) pounds of dry goods per day. Clothing. Contractor offices (with or without indoor storage). http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter id=23337&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of S Cosmetics and toiletries. Creameries and dairies. Dentures. Drugs. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery. Electrical supplies, manufacturing and assembly of such wire and cable assembly switches, lamps, insulation and dry cell batteries. Food products, processing and combining of(except meat and fish) - baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Fur goods, not including tanning and dyeing. Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and dyeing). Hat bodies of fur and wool felt. Heavy machinery and equipment rental business. Hosiery. House trailers, manufacture. Ice, natural. Ink mixing and packaging and inked ribbons. Jewelry. Laboratories - medical, dental, research, experimental, and testing - provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences. Laundries. Leather products, including shoes and machine belting, but not including tanning and dyeing. Luggage. Machine shops for tool, die and pattern making. httpJ/sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=23337&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 8 Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils. Musical instruments. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. Perfumes and cosmetics. Pharmaceutical products. Plastic products, but not including the manufacturing of the raw materials. Precision instruments such as optical, medical and drafting. Printing and newspaper publishing, including engraving, photoengraving. Products from finished materials: plastic, bone, cork, feathers, felt, fiber, copper, fur, glass, hair, horn, leather, precious and semiprecious stones, rubber, shell or yarn. Public utility electric substations and distribution centers, gas regulations centers and underground gasholder stations. Repair of household or office machinery or equipment. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers. Signs, as regulated by title 8 chapter 11 of this code. Silverware, plate and sterling. Soap and detergents, packaging only. Soldering and welding. Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods. Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations. Storage and sale of trailers, farm implements and other similar equipment on an open lot. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=23337&keywor... 3/1612009 Sterling Codifiers, Inc. Page 4 of 8 Storage of flammable liquids, fats or oil in tanks each of fifteen thousand (15,000) gallons or less capacity, but only after the locations and protective measures have been approved by local governing officials. Storage of household goods. Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching. Tool and die shops. Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, handtools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances. Toys. Truck, truck tractor, truck trailer, car trailer or bus storage yard, when all equipment is in operable condition, but not including a truck or motor freight terminal, which are treated under section 10-8-1 of this chapter. Umbrellas. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating. Vehicles, children's; such as bicycles, scooters, wagons and baby carriages. Watches. Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works. Any other manufacturing establishment that can be operated in compliance with the performance standards of section 10-8-1 of this chapter without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2003-10, 1- 14-2003; Ord. 2003-11, 1-14-2003; Ord. 2006-31, 4-11-2006) B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). C. Public and community service uses as follows: Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses. Electric substations. http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id=23 337&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 5 of 8 Fire stations. Municipal or privately owned recreation buildings or community centers. Parks and recreation areas. Police stations. Sewage treatment plants. Telephone exchanges. Water filtration plants. Water pumping stations. Water reservoirs. D. Residential uses as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity. E. Miscellaneous uses as follows: Accessory uses. Radio and television towers. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. F. Off street parking and loading as permitted or required in chapter 11 of this title. (Ord. 1973- 56A, 3-28-1974) 10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in section 10- 8-1 of this chapter. http:l{sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=23337&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 8 B. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off street loading facilities and open off street parking of motor vehicles under one and one-half(111/2) tons' capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of chapter 11 of this title. C. Uses established on the effective date hereof and by its provisions are rendered nonconforming, shall be permitted to continue subject to the regulations of ch_ er 10 of this title. D. Uses established after the effective date hereof shall conform fully to the performance standards set forth in section 10-8-1 of this chapter. (Ord. 1956-A, 3-28-1974) 10-8A-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of section 10-14-6 of this title: Any use which may be allowed as a special use in the B-3 business district. Any use permitted in the M-2 general manufacturing district. Airport or aircraft landing fields. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature, ready mix batch plants, and asphalt manufacturing plants. Contractor facilities that include outdoor storage. Meat products. Miniwarehouse storage (see limitation under section 10-8A-7 of this article). Motor freight terminals. Planned developments, industrial. http://sterling.webiness.com/codebooklgetBookData.php?id=&chapter_id=23337&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 7 of 8 Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2003- 10, 1-14-2003; Ord. 2005-58, 7-12-2005; Ord. 2006-31, 4-11-2006) 10-8A-4: YARD AREAS: No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building: A. Front Yard: On every zoning lot, a front yard of not less than twenty five feet (25') in depth shall be provided. However, where lots within the same block and comprising forty percent (40%) of the frontage on the same street are already developed on the effective date hereof with front yards with an average depth of less than twenty five feet (25'), then such average depth shall be the required front yard depth for such frontage in said block. B. Side Yards. On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width, but need not exceed twenty feet (20') in width. (Ord. 1973-56A, 3-28-1974) 10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A, 3-28-1974) 10-8A-7: MINIWAREHOUSE STORAGE: Whenever a special use is granted for miniwarehouse storage under this M-1 zoning district or any other permitted zoning district, the following restrictions shall apply: A. If the facility is within one hundred fifty feet (150') of a residential district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=23337&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 8 of 8 may be open to the sky, but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage buildings and suitably landscaped consistent with the city's landscape ordinance. B. A minimum of three (3) parking spaces shall be provided. C. There shall be a minimum of twenty feet (20') between buildings. (Ord. 2005-58, 7-12-2005) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=23 337&keywor... 3116/2009 Sterling Codifiers, Inc. Page 1 of 2 ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT 10-813-1: USES PERMITTED: The following uses are permitted: Any use permitted in the M-1 District. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards established for this District'. Cement block manufacture. Contractor or construction such as: building, cement, electrical, refrigeration, masonry building, plumbing, roofing, air conditioning, heating and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable products limited to twelve thousand (12,000) gallons per tank, with a total storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord. 1973-56A, 3-28- 74) 10-813-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. Within one hundred fifty feet (150') of a residence district, all business, production, servicing, processing and storage shall take place or be within completely enclosed buildings; except, that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required by the Zoning Administrator. However, within such one hundred fifty feet (150') of a residence district, off-street loading facilities and off-street parking of motor vehicles under one and one-half (1112) tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) 10-813-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of http://sterling.webiness.corn/codebooklgetBookData.php?id=&chapter—id=2333 8&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 2 Section 10-14-6 of this Title: Any use which may be allowed as a special use in the M-1 District. Railroad repair shops, maintenance buildings and switching yards. Stone and gravel quarries and crushing, grading, washing and loading equipment and structures, provided the land is redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the special use permit and is accompanied by a bond in the amount of the estimated cost of redevelopment. (Ord. 1973-56A, 3-28-74) 10-813-4: YARD AREAS: All yard areas shall be the same as required in the M-1 Limited Manufacturing District. (Ord. 1973-56A, 3-28-74) 10-813-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A, 3-28-1974) 10-813-7: SIGNS: The use of signs in this district shall be subject to the same regulations as set forth in title 8, chapter 11 of this code. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) Footnotes - Click any footnote link to go back to its reference. Footnote 1 : See Section 10-8-1 of this Title. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=23338&keywor... 3/16{2009 Sterling Codifiers, Inc. Page 1 of 4 Chapter 9 A-1 AGRICULTURAL DISTRICT 10-9-1 : PURPOSE: The regulations for the agricultural district are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the city for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreational facilities; and to provide for the orderly development of the real estate for all uses permitted under the various use districts under this title. (Ord. 1992-14A, 12-10-1992) 10-9-2: USES PERMITTED: A. Agricultural. B. Single-family residential use, provided only three (3) additional single-family dwellings shall be permitted for the total parcel zoned agricultural district and annexed to the city; whether later subdivided into separate parcels after annexation. In the event of approval of rezoning to a residential use of the subject parcel or any portion thereof, this section shall not apply. C. The city plan commission and city council reserve the right to require that prior issuance of a residential building permit within an agricultural district, the city council has a right to require their approval of the residential building site, with regard to compatibility with the comprehensive plan, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. D. Signs: As permitted and regulated pursuant to the applicable provisions of title_ 81 chapter 11 of this code. (Ord. 1992-14A, 12-10-1992) 10-9-3: SPECIAL USES: Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation, mixing and wholesale and retail. http:/f sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16196&keywor... 3116/2009 Sterling Codifiers, Inc. Page 2 of 4 Animal hospital. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet (100') from a lot line. Churches, temples or synagogues. Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock. Commercial or private dog kennels provided that they are located not less than five hundred feet (500') from a residential lot line. Communications use. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300') from a lot line. Grain elevators and storage. Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail, provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic and eleemosynary institutions. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area or camps. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. Railroad passenger depots. Railroad right of way and trackage, but not including classification yard, terminal facilities, http:f/sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16196&keywor... 3/1612009 Sterling Codifiers, Inc. Page 3 of 4 piggy-back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. Seminaries, convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations. (Ord. 1992-14A, 12-10-92) 10-9-4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100') from a lot line. B. Roadside stands for the sale of produce or poultry grown and raised on or in the immediate area of the premises but not including live animals and provided that such stands shall contain not more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off-street parking. (Ord. 1992-14A, 12-10-92) 10-9-5: BUILDING SETBACK LINE; SIDE YARDS: A. Setback Line: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Route 34 and 47) two hundred feet (200') from the right of way. 2. All other streets or roads, one hundred feet (100') from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50'). (Ord. 1992-14A, 12-10-92) http://sterling.webiness.com/codebookl getBookData.php?id=&chapter_ld=16196&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 4 10-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) 10-9-7: BUILDING PERMITS, CODE AND FEES: All buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. (Ord. 1992-14A, 12-10-92) 10-9-8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16196&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 5 Chapter 14 NONCONFORMING BUILDINGS, STRUCTURES AND USES 10-10-1: CONTINUANCE OF USE: A. Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein. B. Any legal nonconforming building or structure may be continued in use, provided there are no physical changes other than necessary maintenance and repair, except as otherwise permitted herein. C. Any building for which a permit has been lawfully granted may be completed in accordance with the approved plans, provided construction is started within ninety (90) days of the effective date hereof and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 1973-56A, 3-28-74) 1010-2: DISCONTINUANCE OF USE: A. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use. B. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district. C. Where no enclosed building is involved, discontinuance of anonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. D. A nonconforming use not authorized by the provisions of this Title shall be discontinued. (Ord. 1973-56A, 3-28-74) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16197&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 5 10-10-3: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND STRUCTURES: The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date hereof which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2) years. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10) years. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. E. Any nonconforming house trailers shall be removed after a period of ten (10) years. F. In all residence districts, any use lawfully existing at the effective date hereof, but permitted only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Description of Use 0 Amortization Period Uses permitted in the B-2 and B-3 Districts 15 years from the effective date hereof Uses permitted only in the manufacturing 8 years after the effective date hereof districts (Ord. 1973-56A, 3-28-74) http://sterl ing.webiness.com/codebook/getBookData.php?id=&chapter_id=16197&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 5 10-10-4: REPAIRS AND ALTERATIONS: A. Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. B. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations: 1. When the alteration is required by law. 2. When the alteration will actually result in elimination of the nonconforming use. 3. When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 1973-56A, 3-28-74) 10-10-5: DAMAGE AND DESTRUCTION: A. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. B. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion. (Ord. 1973-56A, 3-28-74) 10-10-6: ADDITIONS AND ENLARGEMENTS: Except as provided in Section 10-10-7 of this Chapter: A. A nonconforming building may be enlarged or extended onlyif the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the http://sterling.webiness.com/codebook/getBookData.php?id=&chapter^id=16197&keywor... 3116/2009 Sterling Codifiers, Inc. Page 4 of 5 district in which it is located. B. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use. C. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on some parcel of land. D. A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located. (Ord. 1973-56A, 3-28-74) 10-10-7: EXEMPTED BUILDINGS, STRUCTURES AND USES: Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 10-10-3 and 10-10-4 of this Chapter as follows: A. In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein. B. In any residence district where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot. C. In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located. D. In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following: 1. Floor area ratio; 2. Lot area per dwelling unit; 3. Yards - front, side, rear or transitional; http:ll sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16197&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 5 of 5 4. Off-street parking and loading; 5. Lot area; 6. Building height; 7. Gross floor area. (Ord. 1973-56A, 3-28-74) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter—id=l 6197&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 14 Chapter 11 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 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 http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 14 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. 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: 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 http://sterling.webiness.com/codebook{getBookData.php?id=&chapter id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 14 to the employees, owners, tenants, visitors or customers of business or manufacturing establishments. 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 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: An le Of P g=lmdth Of Space Length Of Space Parallel park7ing7F 8 feet I 20 feet 45° angle parking 1 9 feet 1 17 feet 60° angle parking 1 9 feet 1 19 feet 90° angle parking 8.5 feet 18.5 feet 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 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. http://sterling.webiness.com/codebookigetBookData.php?id=&ebapter_id=16198&keywor... 3116/2009 Sterling Codifiers, Inc. Page 4 of 14 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'). '-1 l 14 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 20) Trips Per Day (21 Or More) Or Or Trips Per Hour (1 To 5) Trips Per Hour (More Than 5) Driveway width at right of L 12 feet minimum 24 feet minimum way 24 feet maximum 36 feet maximums Note: 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 http:/i sterling.webiness.com/codebooklgetBookData.php?id=&chapter_id=l 6198&keywor... 3/1612009 Sterling Codifiers, Inc. Page 5 of 14 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. b" M Street N 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'). i17ir ai ka1LR 7U driveway, w : http://sterling.webiness.com/codebook/getBookData.php?id=&chapter^id=16198&keywor... 3116/2009 Sterling Codifiers, Inc. Page 6 of 14 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. 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(1/2) 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. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 7 of 14 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) 10-11-4: 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-family dwellings, A minimum of 2 enclosed parking spaces shall be provided for two-family dwellings, each dwelling unit. The development plans shall incorporate and townhomes techniques to break up the effect of front loaded garages such as side loading end units and offsets to be approved by the 11city's planner. Multi-family dwellings A minimum of 2 parking spaces with 1 enclosed parking space other than above shall be provided for each dwelling unit. For lodging rooms located in an apartment hotel parking spaces shall be provided for each lodging room. Tourist courts, tourist 1 parking space for each dwelling unit and 1 parking space for homes, motels and each lodging room shall be provided. motor hotels Hotels, transient 1 parking space shall be provided for each lodging room, plus 1 space for the owner or manager. Lodging houses 1 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 room, plus lodges (with sleeping parking spaces equal in number to 10 percent of the capacity facilities for guests) in persons (exclusive of lodging room capacity) of such club or lodge. http://sterling.wehiness.coml codebook/getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 8 of 14 B. Retail And Service Uses, As Follows: Retail stares and banks 1 parking space shall be provided for each 300 square feet of floor area. Drive-in banks 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 food 1 parking space shall be provided for each 300 beverages for consumption on square feet of floor area. the premises Furniture and appliance stores, 1 parking space shall be provided for each 600 household equipment or square feet of floor area. furniture repair shops Motor vehicle sales and 1 parking space shall be provided for each 600 machinery sales square feet of floor area. Theaters (indoor) 1 parking space shall be provided for each 3 seats. Undertaking establishments, 12 parking spaces shall be provided for each chapel funeral parlors 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. E. Establishments Engaged In Production Processing, Clean ing,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: http:/isterling.webiness.corm codebook/getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 9 of 14 Church, school, college 1 parking space shall be provided for each 6 seats. and other institutional Adequate space shall also be provided for buses used in auditoriums connection with the activities of the institution, and all loading and unloading of passengers shall take place upon 11the premises. Colleges, universities 1 parking space shall be provided for each employee, and 1 and business, parking space shall be provided for each 4 students, based professional and trade on the maximum number of students attending classes on schools the premises at any one time during any 24 hour period. Health centers, 3 parking spaces shall be provided for each staff and government operated visiting doctor. Hospitals 1 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 square and museums - public feet of gross floor area. Municipal or privately 1 parking space shall be provided for each 1 employee, owned recreation plus spaces adequate in number, as determined by the buildings or community Zoning Administrator, to serve the visiting public. centers Public utility and public 1 parking space shall be service uses Schools; nursery, 1 parking space shall be provided for each employee, plus elementary and high spaces adequate in number, as determined by the Zoning Administrator, to serve the public. H.Places Of Assembly, As Follows: FEhalls, arenas, auditoriums, (other than church, Parking spaces equal in institutional school), convention halls, dance number to 25 percent of the bition halls, skating rinks and other similar capacity in persons shall be ssembly provided. I.Miscellaneous Uses, As Follows: Fdormitorie's s, sororities and 1 parking space shall be provided for each 5 active members, plus 1 parking space for each employee. for the care of 1 parking space shall be provided for each staff doctor, and feeble- plus space adequate in number, as determined by the Zoning Administrator, to serve the visiting public. es or nursing Parking space shall be provided for each 4 beds, plus 1 http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=1 b 198&keywor... 3/16/2009 Sterling Codifters, Inc. Page 10 of 14 homes parking space for each 1 employee, and 1 parking space for each doctor assigned to the staff. Sanitariums, convalescent 1 parking space shall be provided for each 4 beds, plus 1 homes or institutions for parking space for each 2 employees (other than staff the aged or for children doctors), plus 1 parking space 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 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 http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 1 of 14 located within fifty feet (50') of the nearest point of intersection of any two (2) streets. (Ord. 1973-56A, 3-28-74; 1994 Code) 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. 1973-56A, 3-28-74) 10-11-6: SCHEDULE OF LOADING REQUIREMENTS: 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 http-//sterling.webiness.com/codebookl getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 12 of 14 Use Gross Floor Required Number Area in and Minimum Square Horizontal Feet Dimensions of lul Berths A. Hospitals, sanitariums and other institutional uses 10,000 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 containing any of 10,000 1 - (10' x 25'} the following: retail shops, convention halls, 5to 20,000 auditoriums, exhibition halls, or business or 20,000 to 50') professional offices (other than accessory) 5150,000 For each 1 - additional additional (10' x 25') 150,000 or fraction thereof JUI D. Retail stores 5,000 1 - (10' x 25') to 10,000 E. Establishments dispensing food or beverages for 10,000 1 - (10' x 25') consumption on the premises to 20,000 20,000 2 - (10' x 25' ea.) to 25,000 25,000 2 - (10' x 25' ea.) to 40,000 F. Motor vehicle and 40,000 to 3 - (10' x 25' ea.) machinery sales 15100,000 G. Wholesale establish- For each 1 - additional ments (but not including additional (10' x 50') warehouse and storage 200,000 or buildings other than fraction accessory) LjIthereof H. Auditoriums, convention halls, exhibition halls, 10,000 1 - (10 x 25') sports arenas, stadiums 5to 20,000 20,000 to 1 - (10' x 50') 100,000 I. Bowling alleys 11 For each n 1 - additional httpa/sterling.webiness.coml codebook/getBookData.php?id=&chapter—id=1619$&keywor... 3/1612009 Sterling Codifiers, Inc. Page 13 of 14 additional (10' x 50') 100,000 or fraction thereof J. Banks and offices - business, professional and 10,000 to 1 - (10' x 25') governmental 100,000 For each 1 - additional additional (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, 5,000 1 - (10' x 25') cleaning, servicing, testing or repair of materials, to 10,000 Ij goods or products 10,000 1 - (10' x 50') �Ito 40,000 fl40,000 to 2 - (10' x 50' ea.) 100,000 L. Warehouses and storage For each 1 - additional buildings additional (10' x 50') 100,000 or fraction thereof M. Theaters 8,000 to 1 - (10' x 25') 25,000 For each 1 - additional additional (10' x 26) 50,000 or fraction thereof jLjj N. Undertaking establish- 8,000 to 1 - (10' x 25') ments and funeral parlors R100,000 For each 1 - additional additional (10' x 25') 100,000 or fraction thereof (Ord. 1973-56A, 3-28-74) http:/f sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 14 of 14 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. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16198&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of I Chapter 12 S1GNS1 (Rep. by Ord. 2008-57, 6-24-2008) Footnotes - Click any footnote link to go back to its reference. Footnote 1 : See title 8, chapter 11 of this code. http://sterling.webiness.comf codebook/getBookData.php?id=&chapter—id=16199&keywor... 3116/2009 Sterling Codifers, Inc. Page I of 16 Chapter 13 PLANNED UNIT DEVELOPMENT 10-13-1 : PURPOSE: The purpose of this chapter is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the comprehensive plan and intent of the zoning ordinance. Planned unit developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The planned unit development district shall generally provide attributes in excess of conventional city zoning, building and other land use requirements by (this list being representative and not exhaustive): A. Providing a maximum choice of living environments by allowing a variety of housing and building types; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; D. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; E. Providing substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of materials, signage and design. Generic http:llsterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 16 corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design if physically and economically feasible; and/or H. Provide a consistent signage theme. The use of signage design guidelines is required for multiphased projects. (Ord. 2006-40, 5-23-2006) 10-13-2: PROCEDURE: Because a PUD is a rezoning, the public hearing and findings of fact shall follow the procedure as outlined within section 10-14-7 of this title as well as those outlined below. In the event of a conflict, these procedures will control. The approval process includes the following stages: A. Preapplication conference. B. Concept PUD plan and zone map amendment. C. Preliminary PUD plan. (Ord. 2006-40, 5-23-2006) 10-13-3: DELINEATION ON ZONING MAP: Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. (Ord. 2006-40, 5-23- 2006) 10-13-4: PREAPPLICATION CONFERENCE: A. Purpose: The purpose of the preapplication conference is to provide advice and assistance to the applicant before preparation of the concept plan so that the applicant may receive input on: http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id=1 6200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 3 of 16 1. Whether the proposed planned unit development will be in conformity with the comprehensive plan and the goals and the policies of the city of Yorkville. 2. Whether the zoning classification of planned unit development is appropriate for the development. B. Procedure: Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal preapplication meeting with city staff and its consultants. The preapplication conference shall be held with staff. At such conference the applicant shall provide information as to the location of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. (Ord. 2006-40, 5-23-2006) 10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the concept plan is to enable the applicant to obtain the recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of concept, density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: 1. A completed application form. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. http://sterling.webiness.coml codebook/getBookData.php?id=&chapter—id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 16 b. Outline of property boundaries. c. Adjacent area within one-fourth (114) mile of property. 3. A zoning plat including a legal description of the property to be included in the planned unit development. 4. A written explanation of the general character of the proposed planned unit development that shall include the following: a. A description of all land uses to be included in such district (including open space) with percentages of each use, b. Projected densities for each residential use; c. A description of the development standards and design criteria applicable to the proposed planned unit development; d. An outline describing why the property should be developed as a planned unit development; e. Identification of the conventional zoning classification allowing the uses for each land use type included; f. A list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, scale and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. f. Proposed land uses. g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. http://sterling.webiness,coin/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/1612009 Sterling Codifiers, Inc. Page 5 of 16 k. Proposed approximate building footprints and estimated floor area for all nonresidential structures, if any. I. Maximum number of residential units. m. Gross and net densities. n. Wetlands, floodplain and floodways obtained from published data. o. Location of lakes, ponds, streams and drainage swales. p. Existing vegetation including description of predominant vegetation types and sizes. q. Existing contour lines with a minimum of five foot (5') intervals obtained from published data. r. Location of existing and/or proposed water, sanitary and storm sewer systems intended to serve the development. s. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. t. Written description of how the existing utilities are planned to be extended to serve the development. u. Any other data reasonably necessary to provide an accurate overview of the proposed development. 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 7. The clerk's office shall have the application reviewed for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the concept for the planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D. Park Board Review (If Applicable): The park board shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master plan and park development http:/l sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 16 standards. 2. Layout and organization of the open space system. 3. Compliance with the city's land-cash ordinance for parks. 4. Other documentation that the park board would recommend be prepared during the preliminary planned unit development plan phase. 5. A formal recommendation by vote is not given for a conceptual planned unit development plan. E. Plan Commission Recommendation: The plan commission shall conduct at least one public hearing in accordance with Illinois Compiled Statutes. However, the plan commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The plan commission shall base its recommendation on the development standards in section 10-13-7 of this chapter and based on the following findings: 1. The compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance and subdivision control ordinance. 2. The appropriateness of the proposed land uses. 3. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. 4. Existing uses of property within the general area of the subject property. 5. The zoning classification of property within the general area of the subject property. 6. The suitability of the subject property to the uses permitted under the existing zoning classification. 7. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. 8. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. F. City Council Review: The committee of the whole shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the comprehensive plan, transportation plan, zoning http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16200&keywor... 3{16/2009 Sterling Codifiers, Inc. Page 7 of 16 ordinance, subdivision ordinance and goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other documents the city council would recommend be prepared for the preliminary planned unit development plan phase. G. Mayor And City Council Decision: 1. The mayor and city council, upon receiving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the plan commission for further consideration. 2. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which such application is received by the mayor and city council, it shall be deemed to have been denied. H. Modifications To Concept Plan For The Planned Unit Development: After the approval of the concept plan and zone map amendment for the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved concept plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change: 1. Minor changes to the concept PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection H1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than ten percent (10%) change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than ten percent (10%) change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the city administrator may be approved by the city httpa/sterling.webiness.coin/codebook lgetBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 8 of 16 council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD concept plan and supporting data with an application for a major change to the clerk's office and repeat the review procedures set forth in this section. (Ord. 2006-40, 5-23-2006) 10-13-6: PRELIMINARY PUD PLAN: A. Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the city that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment (if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a major change and a new concept plan will need to be submitted and approved as prescribed by section 10-13-5 of this chapter). Approval of the preliminary planned unit development shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development approval. The application shall consist of the following documentation: 1. One copy of the completed preliminary planned unit development form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum, the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of developer. e. Proposed name of development. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 9 of 16 f. Location map. g. Legal description. h. Site data, including, as applicable: (1) Total acreage, and acreage and percentage of each proposed land use. (2) Percent of land devoted to streets and public rights of way. (3) Number of residential lots. (4) Floor area (nonresidential). (5) Gross and net residential density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single-family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the concept plan approval, if any. i. Aerial photograph illustrating the subject property and adjacent property within one- fourth (1/4) mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. I. School district boundaries. m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi-family and single-family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. t. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id-16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 10 of 16 and similar public and quasi-public uses. u. Pedestrian and/or bicycle circulation systems. v. Existing vegetation. w. Limits of jurisdictional and nonjurisdictional wetlands. x. Limits of 100-year floodplain. y. Surface water including lakes, ponds, streams and drainage swales. z. Existing contour lines with a minimum one foot (1') interval. aa. Any other data reasonably necessary to provide an accurate overview of the proposed development. 4. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. 5. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements. The plan shall be accompanied by a statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: a. Identify the location and heights of all light standards. b. Identify foot-candle intensities on the site of the planned unit development, and ten feet (10') beyond proposed property lines. c. Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries. 7. Architectural drawings. When requested by plan commission or city council, preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. http://sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/1612009 Sterling Codifiers, Inc. Page 1 i of 16 c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 8. The plan commission or city council may require preparation and submittal of the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the planned unit development will have on all taxing bodies, and anticipated revenues which will be realized from each phase of development. b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Other information that may be required by the plan commission or city council. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the preliminary planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. A traffic impact study will be prepared by the city as part of the plan council's review. D. Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan and supporting documentation. The park board shall forward its recommendation to the city council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plan. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F. City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public hearing and shall approve or deny the application for the preliminary planned unit development plan. G. Modifications To Preliminary Plan For The Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 12 of 16 ordinance of the city. No changes may be made to the approved planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the preliminary PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection G1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. Any change in circulation patterns or access. c. A change in the mixture of dwelling unit types resulting in a greater than five percent (5%) change in quantity of any proposed unit type. d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than five percent (5%) change in area of any proposed use. f. Any reduction of an amount of common open space, landscaping or buffering. g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes to the preliminary PUD plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD preliminary plan and supporting data with an application for a major change to the clerk's office, not less than forty five (45) days before the plan commission meeting. The plan commission shall recommend to the city council approval or denial of the application for a major change. Subsequent to receiving the plan commission and park board (when applicable) recommendations, the city council shall approve or deny the application for the major change. (Ord. 2006-40, 5.23-2006) http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter—id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 13 of 16 10-13-7: DEVELOPMENT STANDARDS: The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the concept PUD request. Plan commission shall make findings and recommendations to city council for approval of the planned unit development, based upon the following standards: A. General: 1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. 2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. g. Sidewalks. h. Public utilities. http:/l sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 14 of 16 i. Off street parking. B. Residential: 1. Business uses may be included as part of a planned residential development when applicable. 2. Use regulations: a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. Signs. In accordance with the regulations set forth in title 8Lchapter 11 of this code. 5. The plan commission may recommend and the city council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200') from the dwelling served. The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned development is included and the plan is developed to afford adequate protection to neighboring properties as recommended by the plan commission and approved by the city council. C. Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned unit development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 15 of 16 approved by the city council. 4. Permitted business uses shall be prescribed in the ordinance granting the planned development. 5. The buildings in the planned development shall be planned and designed as a unified and single project. 6. Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. D. Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the property governed by the special use. E. Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F. Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization order of the city council, the authorization shall become null and void and all rights hereunder shall lapse. (Ord. 2006-40, 5-23-2006) 10-13-8: FEES: The city council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2006-40, 5-23-2006) 10-13-9: SEVERABILITY: Each section, clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions of this chapter. (Ord. 2006-40, 5-23-2006) http:l/sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id=16200&keywor... 3116/2009 Sterling Codifiers, Inc. Page 16 of 16 10-13-10: REPEAL OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. (Ord. 2006-40, 5-23-2006) 10-13-11: EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. (Ord. 2006-40, 5-23-2006) http:!l sterling.web iness.com/codebook/getBookData.php?id=&chapter id=16200&keywor... 3/16/2009 Sterling Codifiers, Inc. Page I of 12 Chapter 14 ZONING ADMINISTRATION AND ENFORCEMENT 10-14-1 : ENFORCEMENT: A. Zoning Officer: The city building inspector, hereinafter referred to as the "officer", is designated as the zoning officer of the city, to be responsible for enforcing this title. Said officer shall have the power and shall see that the provisions of this title are properly enforced. B. City Officers, Employees And Citizens: It shall also be the duty of all officers, citizens and employees of the city, particularly of all members of the police and fire departments, to assist the building inspector by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. (Ord. 1973-56A, 3-28-1974) 10-14-2: PLAN COMMISSION: The city plan commission, which has been duly created by the mayor, shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the mayor and city council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate, direct and review, from time to time, studies of the provisions of this title, and to make reports of its recommendations to the mayor and city council not less frequently than once each year. C. To hear and decide all matters upon which it is required to pass under this title. (Ord. 1973- 56A, 3-28-1974) 10-14-3: BUILDING PERMITS: A. Building Permit: 1. Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the http://sterling.webiness.coin/codeboolc/getBookData.php?id=&chapter id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 12 officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this title. 3. Site Plan: Every application for a building permit submitted to the officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. B. Sign Permit: No sign shall be erected, reconstructed, enlarged or moved until a sign permit shall have been applied for in writing and issued by the officer2. (Ord. 1973-56A, 3-28- 1974) 10-14-4: CERTIFICATE OF OCCUPANCY: A. Certificate Required: 1. A certificate of occupancy to be issued by the officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in the use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued. B. Application For Certificate; Action On: 1. Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16201&keywor... 3116/2009 Sterling Codifiers, Inc. Page 3 of 12 days after a written request for the same has been made to the officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this title. 2. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the officer. If the proposed use is in conformity with the provisions of this title, the certificate of occupancy therefor shall be issued within three (3) days after the application for the same has been made. C. Temporary Certificate Of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. D. Contents Of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title. E. Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 1973-56A, 3-28-1974) 10-14-5: VARIATIONS: A. Authority: The zoning board of appeals, after a public hearing, may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the board of appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. (Ord. 1973-56A, 3-28-1974) B. Application For Variation; Hearing: An application for a variation shall be filed in writing with the zoning officer. The application shall contain such information as the zoning board of appeals may from time to time, by rule, require. Variations other than those authorized by this section on which the zoning board of appeals may act shall be submitted to the zoning officer and acted on in the following manner: http:/l sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/1612009 Sterling Codifiers, Inc. Page 4 of 12 1. Notice Of Hearing: The city clerk shall publish notice of a public hearing on such application for variation, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the city. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the zoning officer at least twenty four (24) hours before the hearing. (Ord. 2008-52, 6-24-2008) C. Standards For Variations: 1. The zoning board of appeals shall not vary the regulations of this title, nor recommend to the city council variation of this title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code3 are complied with and the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 2. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title. D. Authorized Variations: http:H sterling.webiness.com/codebook/getBookData.php?id=&chapter id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 5 of 12 1. Variations from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in subsection C of this section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty five percent (25%). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. c. To permit the same off street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater. e. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. f. To increase by not more than twenty percent (20%) the gross area of any sign. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. h. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. i. The concurring vote of four (4) members of the zoning board of appeals shall be necessary to grant a variation. 2. Variations other than those listed may be granted by the city council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two- thirds (2/3) of the elected members of the city council shall be necessary to reverse the recommendations of the zoning board of appeals. (Ord. 1973-56A, 3-28-1974) 10-14-6: SPECIAL USES: http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 12 A. Purpose: The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1. Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. Initiation Of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this title in the zoning district in which the land is situated. C. Application For Special Use: An application for a special use or expansion of a special use shall be filed with the city clerk and shall be accompanied by such plans or data as prescribed by the plan commission from time to time. (Ord. 1973-56A, 3-28-1974) D. Hearing On Application: Upon receipt of the application referred to above, the plan commission shall hold at least one public hearing. The city clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the city. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the zoning officer at least twenty four (24) hours before the hearing. (Ord. 2008-52, 6-24-2008) E. Authorization: For each application for a special use, the plan commission shall report to the city council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The city council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the city council. httpal sterling.webiness.coml codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 7 of 12 F. Standards: No special use shall be recommended by the plan commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the plan commission. (Ord. 1973-56A, 3-28-1974) 10-14-7: AMENDMENTS: A. Initiation: Amendments may be proposed by the mayor and city council, the plan commission, the zoning board of appeals or any property owner. B. Processing: 1. Filing Of Application; Contents: An application for an amendment shall be filed with the city clerk. The application shall be accompanied by such plans or data and such other information as specified by the plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the city council to the plan commission with the request to hold a public hearing. (Ord. 1973-56A, 3-28-1974) 2. Notices: The zoning officer shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. http://sterl ing.webiness.coml codebook/getBookData.php?id=&chapter_id=16201&keywor... 311612009 Sterling Codifiers, Inc. Page S of 12 The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the zoning officer at least twenty four (24) hours before the hearing. 3. Publication: The city clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the city. (Ord. 2008-52, 6- 24-2008) 4. Hearing: Upon receipt in proper form of the application and statement referred to above, the plan commission shall hold at least one public hearing on the proposed amendment. However, the plan commission may continue from time to time the hearing without further notice being published. (Ord. 1973-56A, 3-28-1974) 5. Findings Of Fact And Recommendation Of The Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the plan commission shall make written findings of fact and shall submit same, together with its recommendations to the mayor and city council. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) C. Decisions: 1. Plan Commission: a. The plan commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 9 of 12 for an amendment. b. Report to the city council shall contain number present and number of votes for/or against the motion. 2. Mayor And City Council: a. The mayor and city council, upon receiving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the plan commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which such application is received by the mayor and city council, it shall be deemed to have been denied. (Ord. 1973-56A, 3-28-1974) 10-14-8: ANNEXATION AGREEMENTS: A. Petition For Annexation Agreement: All annexation agreements shall be initiated by the filing of a petition with the city clerk. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation agreement. B. Request For Zoning Amendments Or Variations: 1. Process: All petitions for annexation agreement requesting a zoning classification other than the zoning classification assigned to lands annexed to the city or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the city. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in section 10-14-9 of this chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. (Ord. 1973-56A, 3-28-1974) 2. Public Notice And Hearing For Zoning Amendments And Variations In Annexation Agreements: The plan commission shall hold a public hearing on the zoning amendment aspects of annexation agreements. The city clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the city. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt littp://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 10 of 12 requested. Copies of the return receipt must be submitted to the zoning officer at least twenty four (24) hours before the hearing. In the event that a zoning variation is being requested as part of the annexation agreement, the zoning board of appeals shall hold a public hearing on the zoning variation request in the annexation agreement. The city clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the city. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the zoning officer at least twenty four (24) hours before the hearing. (Ord. 2008-52, 6-24-2008) C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the city, or a request for variations, the city council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the city council and mayor of the city shall set the time and place of public hearing and the city clerk shall cause notice of the said hearing to be published in the manner specified in subsection D of this section. (Ord. 1973-56A, 3-28- 1974) D. Public Notice And Hearing For Annexation Agreement: At the conclusion of the hearings before the city plan commission and zoning board of appeals, and upon those bodies reporting their specific findings and recommendations, the mayor and city council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the city clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the city. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500') of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the zoning officer at least twenty four (24) hours before the hearing. (Ord. 2008-52, 6-24-2008) httpal sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/1612009 Sterling Codifiers, Inc. Page 1 1 of 12 10-14-9: FEES4: A. Fee Schedule: Annexations $250.00 [!acres lus $10.00 per acre over 5 00 Amendments: QO To the text of the title Q 200.00 To the zoning map 200.00 [plus $10.00 per acre over 5 cres �0 Appeals from decisions of the zoning 85.00 administrator �0 Special uses 250.00 plus $10.00 per acre over 5 acres 00 Planned unit developments 500.00 00 Temporary uses 25.00 �0 Variations Q 85.00 00 Zoning certificates: Or_� Single-family residences 5.00 All others 25.00 (Ord. 2008-52, 6-24-2008) B. Minimum Fees: (Rep. by Ord. 2008-52, 6-24-2008) C. Maximum Fees: (Rep. by Ord. 2008-52, 6-24-2008) D. Consultant Fees And Payment To City Personnel: 1. Payment to all consultants retained by the city in any capacity connected with the application shall be based on mutually agreed upon contracts formally authorized by the city council. The computation of the city's staff time shall be based on salaries of the city http:listerling.webiness.coin/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 12 of 12 personnel involved plus fifty percent (50%) to cover overhead and administration. 2. At no time shall there be any transfer of funds from any developer to any consultant or city staff personnel. All payment to consultants shall be executed only under the conditions specified in the subsection above, and the developers shall be invoiced directly and solely by the city. (Ord. 1973-56A, 3-28-1974) 10-14-10: PENALTIES: Any person who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this title shall be fined as provided in section 174-1 of this code. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) Footnotes - Click any footnote link to go back to its reference. Footnote 1: See title 2 chanter 1 of this code. Footnote 2: See title 8, chapter_11 of this code. Footnote 3: 65 ILCS 5/11-13-5. Footnote 4: See section 1-7-8 of this code for development fees for extending municipal services and section 1-7-9 of this code for annexation and zoning fees. http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16201&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 1 of 15 Chapter 15 TOWER AND ANTENNA REGULATIONS 10-15-1: DEFINITIONS: ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. FCC: The federal communication commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successoragency. PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 2 of 15 self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. (Ord. 2000-8, 3-23-2000) 10-15-2: APPLICABILITY: A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet (80') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10'). C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-15-3E, F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee as of January 1 following the effective date hereof. D. AM Array: For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting groundsystem which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 2000-8, 3-23-2000) 10-15-3: GENERAL REQUIREMENTS: A. Special Or Miscellaneous Use: Antennas and towers may be considered either special or miscellaneous uses. A different existing use of an existing structure on the same lot shall http:l/sterling.webiness.com/codebook/getBookData.php?id=&chapter id=1620.2&keywor... 3/1612009 Sterling Codifiers, Inc. Page 3 of 15 not preclude the installation of an antenna or tower on such lot. B. Lot Size: For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics: Towers and antennas shall meet the following requirements: 1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State Or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised 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 towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's http:l/sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 4 of 15 expense. H. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes 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 tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. I. Measurement: For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. K. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250') of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of"abutting" nor in calculating the two hundred fifty feet (250'). L. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5_K of this chapter. N. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. O. Antenna On Existing Structures: Any antenna which is not attached to a tower may be http://sterling.webiness.com/codebook/getB ookData.php?id=&chapter_id=16202&keywor... 3/1612009 Sterling Codifiers, Inc. Page 5 of 15 approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided: 1. The antenna does not extend more than thirty feet (30') above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. P. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location. b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. d. The on site relocation of a tower which comes within the separation distances to http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 6 of 15 residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in subsection P and the requirements of this subsection; c) the tower meets the setback and separation requirements in subsection 10-15-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120') in height; b. For two (2) users, up to one hundred fifty feet (150') in height; and c. For three (3) or more users, up to and including one hundred eighty feet (180') in height. Q. Roadway Access: All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7") thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. R. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. S. Disguised Structures: The provider of an antenna, antennastructure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. (Ord. 2000-8, 3-23-2000) T. Annual Administrative Fee And Certifications: 1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year commencing with calendar year 2001. http:/l sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3116/2009 Sterling Codifiers, Inc. Page 7 of 15 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. (Ord. 2001-51, 9-21-2001) The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower. U. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in section 10-14-9 of this title, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-8, 3-23-2000) 1015-4: PERMITTED USES: A. General: The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to all other requirements of this title: 1. Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections 10- 15-3D through V of this chapter. http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page S of 15 3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) 10-15-5: SPECIAL USES AND MISCELLANEOUS USES: A. General Provisions- 1. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 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. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1 (one-family residence _golf course, public utility facilities, public service use facilities with radio or TV tower sites only), R-2 (one-family residence _golf course, public utility facilities,public service use facilities with radio or TV tower sites only), B-1 (limited business district), B-2 (general business district), B-3 (service business district), B-4 (business district), and A-1 (agricultural district). 6. Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 (limited manufacturing district), and M-2 (general manufacturing district). B. Information Required: In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower 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, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: http:1/sterling.webiness.com/codebooklgetBookData.php?id=&chapter_id=l 6202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 9 of 15 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection 10-15-3D of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-15-3C, E, F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-14-6 of is title. The 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 antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography;; 5. Surrounding tree coverage and foliage; http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3116/2009 Sterling Codifiers, Inc. Page 10 of 15 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and 8. Availability of suitable existing antennas, antenna structures, towers, alternative power structures and other structures, or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this chapter. D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks And Separation: 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall applyto all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in table 1 of this section. (2) Separation requirements for towers shall comply with the minimum standards established in table 1 of this section. TABLE 1 Off Site Use/Designated Area Separation Distance Single-family or duplex residential 500 feet units principal building Vacant single-family or duplex 500 feet residentially zoned land which is either platted or has http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 11 of 15 preliminary subdivision plan approval which is not expired Vacant unplatted residentially 500 feet zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex Existing multi-family residential units 100 feet or 100 percent of the tower greater than duplex height, whichever is greater Nonresidentially zoned lands or None. Only setbacks apply nonresidential The Fox River or any watercourse 500 feet, as measured from the shore Major highways 1500 feet, from the right of way b. Separation distances between towers: (1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2 of this section. TABLE 2 Existing Towers—Types Minimum Separation Distances Monopole I Monopole Lattice Guyed > 75 < 75 Feet High Feet High Lattice 1,000 1,500 500 11 250 Guyed 1,000 1,750 1,500 11 1,250 Monopole 500 1,500 250 250 > 75 feet high Monopole 250 1,250 250 250 < 75 feet high F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an http://sterling.webiness.corn/codebook/getBookData.php?id=&chapter—id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 12 of 15 area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation Of Landscape: Existing mature tree growth andnatural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets: 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent (20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four (24) square feet of gross floor area and the cabinet/structure is located in a http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 13 of 15 minimum of six feet (6') from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard, provided the cabinet or structure is no greater than six feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by asolid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet (6) in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code, NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Engineering Justification: No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the zoning board that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of the following: 1. No existing antennas, antenna structures or towers are located within the geographic area required to meet petitioner's engineering requirements; 2. Existing antennas, antenna structure, towers or other structures are not of sufficient height to meet petitioner's engineering requirements. 3. Existing antennas, antenna structures, towers or other structures do not have sufficient height to meet petitioner's engineering requirements; 4. The petitioner's proposed antenna, antenna structure or tower would cause electromagnetic interference with the existing antenna, antenna structure or tower or the http:1/sterling.webiness.corn/codebooklgetBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 14 of 15 antenna on the existing structure would cause interference with the petitioner's proposed antenna. 5. The fees, costs, or contractual provisions required by the owner in order to share an existing antenna, antenna structure, or tower or to adapt to an existing antenna, antenna structure,or tower are unreasonable. Costs exceeding new antenna, antenna structure, or tower development are considered unreasonable. 6. The petitioner demonstrates that there are other limiting factors that render existing antenna, antenna structures, or towers or other structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low powered transmitters and receivers attached to a wire line system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable. N. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. O. Collocation: A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. (Ord. 2000-8, 3-23-2000) 10-15-6: NONCONFORMING USES: A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they http:/lsterling.webiness.coin/codebook igetBookData.php?id=&chapter_id=16202&keywor... 3/16/2009 Sterling Codifiers, Inc. Page 15 of 15 presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers: Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 10-15 75N of this chapter. (Ord. 2000-8, 3- 23-2000) 10-15-7: ANNUAL REPORTING OF INFORMATION: Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 2000-8, 3-23-2000) http://sterling.webiness.coin/codebook/getBookData.php?id=&chapter_id=16202&keywor... 3/16/2009