Ordinance 2006-107 2 OL UT & 0 0 U) iF2 E`i
STATE OF ILLINOIS )ss 1-1 ar.: TT f-k
G K . E L--!B6t4
COUNTY OF KENDALL 1/04DW-1- COON Y 11-
RECOULD: 10/16/2008 10 AM
ORDI 59.00 RHSPS FEE: 10-00
PAGES: 14
THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2006-107
An Ordinance Rezoning Certain PropertY
In Furtherance of an Annexation Agreement
(Borneman Farm)
STATE OF ILLINOIS
)
S S ) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006- Itfl
i
AN ORDINANCE REZONING ERAT ON AGREEMENT
IN FURTHERANCE OF AN
(Borneman Farm)
a
Beverly Borneman and Craig Borneman, are the legal
WHEREAS, Neil Borneman,
owners of record of property described on Exhibit "A" attached hereto and incorporated
herein (the Property), and
WHEREAS Neil Borneman, Beverly Borneman and Craig Borneman,
owners /developers of the Property have made application by petition for the rezoning of
the Property pursuant to an Annexation of the Property, and
WHEREAS, owners /developers have previously entered into an agreement for
annexation, and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended the annexation of the
property.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE
MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
commendation of the Plan Commission and hereby
1. The City Council approves the re
rezones the property as A -1 Agricultural District and B -3 Service Business District as
described in attached Exhibit `B ".
i
developed according to the terms of an Annexation Agreement
2. The Property shall be
't
previously adopted.
f
I be in full force and effect from and after its passage and
3. This Ordinance shal
approval as provided by law.
JAMES BOCK JOSEPH BESCO i
VALERIE BURR PAUL JAMES
DEAN WOLFER �
MARTY IvIUNNS
ROSE SPEARS ,
JASON LESLIE i
Approved by me, as Mayor of the United City of Yorkville,
Kendall County,
Illinois, this Day of
A.D. 2006.
MAYO
Passed by the City Council of the United City of Yorkville, Kendall County,
da
Illinois this �� Y of A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXHIBIT "A"
3 IN TOW
SECTIONS 12 AND 1NSHIP 36 NORTH, RANGE 6 EAST OF THE
THAT PART OF i
THIRD PRINCIPAL MERIDIAN AND PART OF THE WE pR1NCIPAL MERID IAN BEING
TOWNSHIP 36 NORTH RANGE 7 EAST OF THE THIRD
DESCRIBED BY COMMENCING AT A FOUND STONE AT SOUTH 00 DEGREE lg ER OF
DES
SAID SECTION 13 FOR THE POINT BEGINNING; THEN
MINUTES 46 SECONDS WEST ALONG THE EAST CORNER O ID HIGHPOINT I MEADOWS
DISTANCE OF 5 51.8 8 FEET TO THE NORTHEAS i
SUBDIVISION; THENCE SOUTH 77 DEGREES 30 MINUT S A S ECO NDS OF B WEST NDALO H ENCE
THE N LINE OF SAID SUBDIVISION, 1509.28 FEE
NORTH 01 DEGREES 16 MINUTES 15 SECONDS WEST, 54.56 FEET TO A POINT OF
BEND; THENCE SOUTH 73 DEGREES 04 MINUTES 16 SECONDW
164 63 FEET TO A
POINT OF BEND; THENCE NORTH 02 MINUTES 48 SEC
THENCE
THE NORTHWEST CORNER OF ASSESSORS LOT EOT SAI ,ONG THE WESTERLY
SOUTH 78 DEGREES OS MINUTES 41 SECO
XTENSION OF SAID ASSESSORS LOT 2, 197.43 FEET TO THE SOUTHEAST CORNER OF
E
ASSESSORS LOT 4; THENCE NORTH 00 DEGREES 19 MINUTES 45 SECONDS WEST
ST CORNER
ALONG THE EAST LINE OF SAID LOT 4,296 0 FEET TO THE NOONRDT WEST ALO GN THE
THEREOF; THENCE SOUTH 70 DEGREES 30 MINUTES 34 SE
NORTH LINE OF SAID LOT 4,974.06 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF HIGHPOINT ROAD; THENCE NO INE OF THE NORTHEAST QUARTER OF
SECONDS EAST PARALEL WITH THE WEST L E
SAID SECTION 13,643 . 32 FEET TO A POINT ON THE SOS EAST WITH OH 12,
THENCE NORTH 00 DEGREES 19 MINUTES 35 SECONI
WEST LINE OF THE SOUTHEAST QUARTER OF SAID �Y R OF�WAY LINE OF
2604.81 FEET TO A POINT OF BENDIN THE WEST 25 SECONDS WEST
HIGHPOINT ROAD; THENCE NORTH 06 DEGREES
9 FE T TO A OIN ON THE
ALONG SAID WESTERLY RIGHT OF WAY LIN E
NORTH LINE OF ASSESSORS LOT 8 OF SAID SECTION 12�; TT OF SAID LOT HENCE 75 DEGFEET
53 MINUTES 30 SECONDS EAST ALONG THE NORTH I,
TO THE NORTHEAST CORNER OF SAID ASSESS NG THE SOUTHEAS ERLY LINE OF
DEGREES 13 MINUTES 12 SECONDS EAST ALO
ASSESSORS LOT 4,839.57 FEET TO THE NORTHEAST C LONE THE SAIIDTH LOT 4; LINE p T HENCE
SOUTH 77 DEGREES 12 MINUTES 47 SECONDS EAST A
ASSESSORS LOT 2 AND THE EASTERLY EXTENSION OF S AID SOUTH LI S EAST,
FEET TO A POINT; THENCE SOUTH 12 DEGREES
FEET TO A POINT; THENCE SOUTH 27 DEGREES 42 MINUTES S SECONDS 3 FEET TO EAST, 86.92
FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 07
THENCE
THE SOUTHERLY RIGHT OF W
A POINT ON T �� FEET, A
G ALRADNS OF 661 F
WESTERLY ALONG A CURVE TO THE RIGHT
DISTANCE OF 21.80 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE
SOUTH 73 DEGREES 47 MINUTES 33 SECONDS WEST S OSAID FAID SECTION 1
OF WAY LINE, 53.29 FEET MORE GHT
OR LESS TO THE EA
THENCE SOUTH 00 DEGREES 16 MINUTES 32 SECOND X KENDALL
POINT OF BEGINNING ALL IN THE TOWNSHIPS
COUNTY, ILLINIOS.
EXHIBIT "B"
10 -9 -1 10 -9 -2
CHAPTER
A -1 AGRICULTURAL DISTRICT
SECTION:
10 -9 -1: Purpose
10 -9 -2: Uses Permitted
10 -9 -3: Special Uses
10 -9 -4: Accessory Uses
10 -9 -5: Building Setback Line; Side Yards
10 -9 -6: Floor Area Ratio
10 -9 -7: Building Permits, Code and Fees
10 -9 -8: Fencing Restrictions
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
recreation 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 -92)
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.
I
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City of Yorkville
I
10 -9 -3
10 -9 -2
C. The City Plan Commission and City Council reserve the right to an
require that prior issuance of a residential building poermeqwithin r the r
agricultural district, the City Council has a g
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 Chapter 12 of this Title. (Ord. 1992 -14A, 12- 10 -92)
i
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.
E
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.
r
City of Yorkville
10 -9 -3
10 -9 -3
Milk processing and distribution, including pasteurizing e n of cheesemanufacture of
ice cream but not including the processing or manufacture
Nurseries and greenhouses, wholesale and retail, provided that all plants
are grown on the premises.
Outdoor amusement establishments, amusement fairgrounds, ente sand n including places a of
tracks and other similar
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
owers and
stations; microwave relay t outdoor a uipment essential al to he
and stations, antenna towers and other q
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, 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)
city of Yorkville
10 -9 -4 10 -9 -7
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. l
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)
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)
i
City of Yorkville
10 -9 -8
10 -9 -8
10 -9 -8: FENCING RESTRICTIONS: The fencing restrictions
contained in this Title shall not apply to agricultural use
be
under this Chapter. Fencing requirem is granted. (OrdS 1 use
1992 A,
established at the time a special use p 9
12- 10 -92)
t
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City of Yorkville
10 -7D -1 10 -7D -1
CHAPTER
BUSINESS DISTRICTS
ARTICLE D. B -3 SERVICE BUSINESS DISTRICT
SECTION:
10 -7D -1: Permitted Uses
10 -7D -2: Special Uses
10 -7D -3: Lot Area
10 -7D -4: Yard Areas
10 -7D -5: Lot Coverage
10 -7D -6: Maximum Building Height
10 -7D -7: Off Street Parking And Loading
10 -7D -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.
September 2005
City of Yorkville
10 -7D -1 10 -7D -1
Feed and grain sales. j
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.
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.
1
September 2005
City of Yorkville
I
10 -7D -4
10 -7D -1
l Veterinary clinic. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986; I
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 -713-2: SPECIAL USES:
All special uses permitted in the B -2 district.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers. I
Stadium. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995 -19, 8 -10 -1995; Ord.
1995 -20, 8 -10- 1995)
1
10 -7D -3: LOT AREA: No lot shall Ord have an a 1 911986) an ten thousand
(10,000) squar e feet
10 -7D -4: YARD AREAS: No building shall be erected or enlarged
unless unless the following yards are provided and maintained
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
September 2005
City of Yorkville
10 -7D -7
10 -7D -4
in a B -3 district if the variance is sought for a parcel of real estate f
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 thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1
amd. R-2 one-family
, l
resi (Ord. 1973 -56A, 3-28-1974;
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 .I
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)
10 -7D -6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1998 -8, 3 -26 -1998)
10 -7D -7: OFF STREET set� forth chaptDlNG:oAll th accordance
with regulations s title.
1973 -56A, 3 -28 -1974)
September 2005
City of Yorkville
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