Ordinance 2006-111 200640036564
Filed for Record in
STATE OF ILLINOIS ) KENDALL COUNTY. ILLINOIS
PAUL ANDERSON
ss 11 -08 -2006 At 02:09 an.
COUNTY OF KENDALL ) ORDINANCE 67.04
RHSP Surcharge 14.00
ORDINANCE NO. 2006- \ \
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(The Schanze Property)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
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WHEREAS, the property is presently contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JAMES BOCK w JOSEPH BESCO
VALERIE BURD PAUL JAMES Lit
DEAN WOLFER MARTY MUNNS
ROSE SPEARS \_rte JASON LESLIE
P
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006.
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MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2006.
ATTEST:
U `
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
SCHANZE PROPERTY
THIS AGREEMENT is made and entered into this
-c-day of , 2006_
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "City "), and Eric and
Diane Schanze of the Yorkville, County of Kendall, State of Illinois (hereinafter referred to as
"Owner/Developer ").
WITNESSETH
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WHEREAS, Owner/Developer is the owner of real property which is the subject matter
of said Agreement comprising approximately 80 acres, more or less, and is more particularly
described in the attached Exhibit "A ", which is incorporated herein by reference; and
WHEREAS, the subject real property is located contiguous to the corporate boundaries
of the CITY; and is not located within the corporate boundaries of any other municipality; nor is
any portion thereof classified as flood plain; and
WHEREAS, Owner /Developer desires to annex the said real property described into the
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City, its Plan commission has considered the Petition to Annex, and the City Council has
heretofore both requested and approved the proposed land use and the zoning of the same at the
request of Owner /Developer and the City; and
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WHEREAS, Owner/Developer has presented, and the City has considered, the tract, of
real property herein described in the attached Exhibit "A" as R -2 One - Family Residence District,
M -1 General Manufacturing District with underlying B -3 Service Business District in order to
make said real property a desirable addition to the City; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the City in an orderly manner, and
WHEREAS, Owner /Developer and its representatives have discussed the proposed
annexation and have had public meetings with the Plan Commission and the City Council, and
prior to the execution hereof, notice was duly published and a public hearing was held to
consider this Agreement, as required by the statutes of the State of Illinois in such case made and
provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11- 15.1 -1 through 51.1 -5, inclusive, relating to Annexation Agreements, the parties
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hereto wish to enter into a binding agreement with respect to the fixture annexation and zoning of
the subject Property and to provide for various other matters related directly or indirectly to the
annexation of the Property in the future, as authorized by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have held the public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11- 15.1.3 and the ordinances of the CITY
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
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NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-
15.1-1 through 65 ILCS 5/11- 15.1 -5, as amended, as follows:
1. A. ANNEXATION AND ZONING. Once the property is contiguous to the
City, the City shall enact an ordinance annexing to the City all of the real property described
herein in the attached Exhibit "A "; and the City shall furthermore enact another ordinance which
shall zone the real property designated in the attached Exhibit "A" subject to the further terms of
this Agreement as R -2 One - Family Residence District, M -1 Limited Manufacturing District with
Underlying Zoning as B -3 Service Business District.
Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on Exhibit `B" for the R -2 One - Family Residence District, M -1
Limited Manufacturing District and B -3 Service Business District. Said real property shall be
used and developed in accordance with 65 ILCS 5/11- 15.1 -1 through 65 ILCS 5/11 - 15.1 -5, and
in accordance with the City Subdivision Control and Zoning Ordinances.
B. The Owner /Developer, and successors, heirs, and assigns hereby agree
that prior to issuance of a building permit on the subject parcel, a site development plan shall be
submitted and approved by the City Council of the United City of Yorkville.
2. CITY'S AGREEMENTS.
A. The City agrees that as to the non - residential use and zoning classification
of the majority of the property, as well as the geographical location of the property, Owner and
or Developer has no obligation to pay certain customary fees to the City which are listed on the
attached Exhibit "C" for that portion of the property that is zoned M -1 or B -3.
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(i) In the event, at a later date Owner/Developer seeks to modify the
existing zoning from M -1 or B -3 to a Residential Class Zoning, Owner/Developer agrees
to pay School Transition fees to the Yorkville School District which shall be paid per
residential dwelling unit in said subdivision as required by City Ordinance at the time of
a residential zoning class being granted, and to pay Development fees per residential
dwelling unit to the United City of Yorkville, and any other fees to the United City of
Yorkville in conformance with City Ordinance or policy as uniformly charged to other
developments in the City at the time of the change to residential zoning except as
otherwise modified or agreed herein. Said Transition, development, and other fees shall
be paid on a per dwelling unit basis concurrent with and prior to the issuance of each
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respective subject residential building permit. Said fees are being paid voluntarily and
with the consent of Owner /Developer based upon this contractual agreement voluntarily
entered into between the parties after negotiation of this Agreement. Owner/Developer
knowingly waives any claim or objection as to amount of the specific fees negotiated
herein voluntarily. No School Transition fees, or School -Park Land Cash Fees shall be
charged on any real property zoned for business, office, or manufacturing purposes under
the terms of this Agreement.
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B. Owner /Developer shall be required by THE UNITED CITY OF
YORKVILLE to hook -on to the city water or Sanitary Sewer System upon annexation and when
the water system is available and development occurs.
C. Upon annexation, the Owner will receive police protection, 911 service
and library service as provided by City.
D. The City will not require the Owner to annex to Yorkville Bristol Sanitary
District or other applicable sanitary district, until platting or application for a building permit
seeking to hook up to the City sewer system is sought by Owner. Property owner agrees to
cooperate with other entities to formulate a separate agreement to allow for contiguity of other
properties to the Sanitary District if requested.
E. City shall reimburse Owner /Developer in an amount not to exceed $25,000 for
reasonable costs incurred in the process of annexation to date including by not necessarily
limited to legal fees, survey fees, land development consultant fees, engineering fees. Said
reimbursement is authorized by this agreement and shall be paid upon presentation of proof of
payment to the City, or in the alternative, invoicing may be presented to the City and the City
shall make payment directly to service provider. City may, at its sole discretion, seek
information about the requested reimbursement in order to confirm its authenticity, and to
confirm that it is an amount that should be paid under the terms of this agreement.
F. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owner within
30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the City's
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portion for the City and Library Real Estate Taxes as to the subject parcel. This will take place
and be paid by the City until the property is developed, by reason of a building permit being
issued; or upon a Final Plat of Subdivision being recorded for any portion of the subject real
property.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that Owner and its successors and assigns shall have the right
to sell transfer, mortgage and assign all or any part of the subject property and the improvements
thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building,
financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or
corporations shall be entitled to the same rights and privileges and shall have the same
obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to
the property transferred or sold shall be the sole obligations of the transferee, except for any
performance bonds or guaranties posted by Owner on any subdivided or unimproved property
for which an acceptable substitute performance bond or letter of credit has not been submitted to
the City.
4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof It is further
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understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the city, its corporate authorities and their successors in office, and
is enforceable by order of the court pursuant to its provisions and the applicable statutes of the
State of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the City.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to the City: City Clerk
800 Game Farm Road
Yorkville, IL 60560
To Owner /Developer: Eric and Diane Schanze
c/o Gary G. Piccony
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1700 Farnsworth Ave
Ste 25
Aurora, IL 60505
or to such other addresses as any parry way from time to time designate in a
written notice to the other parties.
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _
_ day of .2005.
UNITED CITY OF YORKVILL
By:
Arthur F. Prochaska, Jr., Mayor
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Att �
City Clerk
OWNER/D PER•
ric Scharr,
Diane Scharr °
Prepared by and Return to:
John Justin Wyeth
City Attorney
800 Game Farm Road
Yorkville, IL 60560
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Ma;4 25 -06 05:07p Wayne Weiler Law Office 630 - 820 -3577 p.7
PARCEL ONE
T'nat part ;X Section 13, Township 36 North, Ranga 6 East of the
Third Principal Meridian, d=t:ribed-as follows: 8aginniusl dm the
South line ofr said section at a poink 841.50 feet West of the
gamier Section ovsnaet:; t northeasW1Y &.Yong an old c laim .
line, which forms an angle of 103 42' 22" with Said south 1im
measured from' West to- North, 343 9.92 -feet to the center lists of
High Point Roads thence Southeasterly along said center line,
which 'forms an angle of 86' OR! 15" with the last desicribed
course, ' me asured c6tmter- -cloaWii a therefrom, 93.06 feett tie
nortbarly along a Line which forms s - an angle of 77 15' 15" with
the last de-Tarihed course, measured• clockwise therefrom, 915.21
feet to. the rartherly line of Lot 6 as Shown- on a plat recorded
in Plat Book 3 on page 27; - thence sot..:i>+«..'.rly along said
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norther line, which forms an angle of 71' 47' 32" with the last !
described course, measured elockidge therefrom, 232.57 feet to a
limestone monumentl thence west, parallel With the North line of .
said Section 0, which forms as angle of 193. 54' 35" with the
last described course, measured aloalwive thexeft<om, 112.86 feats
thence southerly along a Line which forms an angle of 84' 45* 02"
with the last described course, measured clockwise therefrom,
175:56 feet to a point an the renter line of Sigh Point Roads
thence southerly along said center line, which forms an angle of
C/ 191• 03' 34" with the last described course, measured clockwise
therefrom, 548.31 feet to the line of a fence' extended '
southeasterlgs thence northwesterly along said extended fence
line, said fence 14* anal the northwest extension thereof, which .
forms an angle of 70' $7 29" with the last described course,
measured therefrom; 1057.28 feet to the - ;t
original center Line of the old Ottawa and Oswego Road;. thence
southwesterly along said original center l.im, which forms an
angle of 119 02 -with the last described course, measured <�
clockwise therefrom, 227.0 feet •La the Eighth section Bas "
thence southerly .s along said Eighth Section line which forms - ant
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angle of 1.24' 27' 24" with the last described course, masured
clockwise therefrom, . 3772.31 feet to the line of said
sections thence easterly along said South Line, which forms an
angle of 91' 39' 33" with -.the last described treasured
clockwise therefrom, 477.94 feet to the point of begimIng if Fox
%'mmship, Keada U C?ountrn I llinois.
PARCEL TWO
Lot 3 - Highpoint View Subdivision, Fox Township, Kendall
County, Illinois. rl
PARCEL 3
Lot !+ - Highpoint. View Subdivision, Fox Township, Kendall
_ County, Illinois.
EXHIBIT "An AAA
EXHIBIT "B"
10 -6C -1 10 -6C -3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE C. R -2 ONE - FAMILY RESIDENCE DISTRICT
SECTION:
j 10 -6C -1: Uses Permitted
10 -6C -2: Special Uses
10 -6C -3: Lot Area And Allowable Density
10 -6C -4: Yard Areas
10 -6C -5: Lot Coverage
10 -6C -6: Maximum Building Height
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.
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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:
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A. Lots with private wells and /or private sewage treatment facilities:
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November 2000
City of Yorkville
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10 -6C -3 10 -6C -4
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 (1 1 /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 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)
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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:
November 2000
City of Yorkville
10 -6C -4 10 -6C -6
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 accessory buildings. (Ord. 2000 -1, 1 -27 -2000)
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)
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November 2000
City of Yorkville
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10 -8A -1 10 -8A -1
CHAPTER
MANUFACTURING DISTRICTS
ARTICLE A. M -1 LIMITED MANUFACTURING DISTRICT
SECTION:
10 -8A -1: Uses Permitted
10 -8A -2: Conditions Of Permitted Uses
10 -8A -3: Special Uses
10-8A-4:' Yard Areas
10 -8A -5: Lot Coverage
10 -8A -6: Floor Area Ratio
10 -8A -7: Miniwarehouse Storage
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.
September 2006
City of Yorkville
10 -8A -1 10 -8A -1
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).
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.
September 2006
City of Yorkville
10 -8A -1 10 -8A -1
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.
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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.
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.
September 2006
City of Yorkville
10 -8A -1 10 -8A -1
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 gas holder stations.
Repair of household or office machinery or equipment.
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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 chapter 12 of this title.
Silverware, plate and sterling.
Soap and detergents, packaging only.
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Soldering and welding.
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Sporting and athletic equipment, such as balls, baskets, cues,
gloves, bats, racquets and rods.
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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.
September 2006
City of Yorkville
I
10 -8A -1 10 -8A -1
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)
September 2006
City of Yorkville
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10 -8A -1 10 -8A -1
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.
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.
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September 2006
City of Yorkville
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10 -8A -1 10 -8A -3
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.
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 (1'/ 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 chapter 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.
September 2006
City of Yorkville
10 -8A -3 10 -8A -5
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.
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)
September 2006
City of Yorkville
i
10 -8A -6 10 -8A -7
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 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)
September 2006
City of Yorkville
10 -7D -1 10 -7D -1
CHAPTER 7
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.
i
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
i
10 -7D -1 10 -7D -1
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.
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.
September 2005
City of Yorkville
10 -7D -1 10 -71D-4
Veterinary clinic. (Ord. 1973 =56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986;
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)
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
I '
September 2005
City of Yorkville
10 -7D -4 10 -7D -7
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 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)
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 PARKING AND LOADING: All in accordance
with regulations set forth in chapter 11 of this title. (Ord.
1973 -56A, 3 -28 -1974)
Z
September 2005
City of Yorkville
PLAT OF ANNEXATION
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EXHIBIT "C"
SCHANZE ANNEXATION AGREEMENT
FEES EXEMPT FOR M -1 AND B -3 USES
Name of Fee
School District Transition Fee
Public Works (Development Impact Fee)
Police (Development Impact Fee)
Municipal Building (Development Impact Fee)
Library (Development Impact Fee)
Parks and Rec (Development Impact Fee)
Engineering (Development Impact Fee)
Bristol Kendall Fire District (Development Impact
Fee)
Parks Land Cash Fee
School Land Cash Fee
Road Contribution Fund
County Road Fee