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Zoning Commission Packet 2013 06-26-13 i�.v Cyr o United City of Yorkville k-i 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 -< -� Telephone: 630-553-4350 0 ;A, °Co..ry p� Fax: 630-553-7575 Kenda�ln counry <LE AGENDA ZONING COMMISSION MEETING Wednesday, June 26, 2013 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of April 24, 2013 meeting minutes 5. Old Business: a) Review and Commentary of Proposed Revised Zoning Chapters • Chapter 16: Off Street Parking and Loading b) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 17: Fencing and Screening 6. New Business: 7. Adiournment 8. Next meeting date: June 26, 2013 ZONING COMMISSION MEETING Wednesday,April 24, 2013 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Meeting Called to Order The meeting was called to order at 7:01 p.m. and Mr. Crouch welcomed everyone. Roll Call Roll call was taken; a quorum was established. Committee Members in Attendance Jeff Baker Phil Haugen Michael Crouch Pete Huinker Greg Millen Gary Neyer City Officials in Attendance Krysti Barksdale-Noble, Community Development Director Jason Engberg, Community Development Intern Citizen's Comments There were no citizens in attendance. Previous Minutes Chairman Crouch made a motion to approve the March 27, 2013 minutes. Mr. Baker moved to approve; seconded by Mr. Millen. There was no discussion on the motions; approved unanimously; motion carried. Mr. Crouch then turned the meeting over to Mr. Engberg to cover Old Business. Old Business: Mr. Engberg addressed how he changed how dimensions were measured; the lengths remained the same distance. He added graphics to illustrate how the measurements are done. Mr. Crouch asked how often varying parking patterns occurs because it's rare to see such a mixture in the same community. Ms. Noble said they are beginning to see more of a mixture. Jason included some basic design standards that were consistent with other municipalities. 10-16-8: Off-Street Loading Regulations and Requirements: Mr. Baker asked to look a little closer at the minimum distances for loading/unloading to avoid disrupting traffic flow. After some discussion, Mr. Crouch suggested coming back to this at a later time. The assumption was made that the terms "commercial" and"industrial" are interchangeable and apply to both. Mr. Engberg then stated that the edge of the driveway shall be a minimum of 250' when measured from the driveway edge to the nearest intersecting street right-of-way line. Ms. Noble wanted to clarify if they were going to allow loading berths in the front yard or make provisions for it. Mr. Baker said they would need to categorize everything specific to zoning (manufacturing/industrial/commercial, B-3 Service, etc.) Ms. Noble said she would break it out from manufacturing and commercial and maybe put in some suggested orientations for loading docks. She said she didn't want to "zone out" development with too many restrictions. Mr. Baker suggested including a paragraph that says something like, "Due to lot configurations, things may change on a parcel-by-parcel basis." He thought maybe the city attorney would have adequate verbiage. Mr. Neyer pointed out, on page 11, that A. and B. were identical; Mr. Engberg said he will research. As far as Eating and Drinking establishments, Mr. Crouch asked for more research on this item to see if it was necessary. 10-16-5: Vehicle Stacking Requirements. This is a new item that was previously discussed about adding them. He came up with the basic uses you would need them for, along with some rules. Ms. Noble pointed out this has been a challenge with McDonald's and Dairy Queen. Mickey D is re- configuring their drive up with dual driveways to avoid stacking vehicles on Route 34. Dairy Queen's problem is the turning radius was so tight the possibility of`bumping' another vehicle was present. Off-Street Parking Reduction for Bicycle Parking: Mr. Engberg also addressed a reduction for the off-street bicycle parking. After checking surrounding communities, he came up with: "The reduction in the number of automobile parking spaces shall be reduced by no more than one (1) space for every two (2) bicycle parking space,but no more than twenty(20)percent of the total required spaces. Ms.Noble added what would be the trigger for the city to require Land Bank Parking; the first suggestion was for it to be at the sole discretion of the city council. Everyone felt that was a little too general because there were no criteria or justification, so the committee was going to establish some triggers to establish additional parking (i.e. complaint driven). Mr. Crouch thinks standardization is good. New Business: Mr. Engberg then went on to new business. He said there were only a couple of requirements for fencing. Mr. Baker did not like the fact that fences erected in the front yard shall not exceed 3 1/2 feet in height and shall have at least 75 percent of their vertical surface plane open when viewed from a point perpendicular to that plane. He said it was too short to keep dogs from jumping over and didn't provide security if that was the intent. Mr. Crouch said there needed to be provisions for materials that could be used in the future (plastic; PVC; aluminum). The committee is going to clarify the terms "industrial" and"utilities." Mr. Crouch asked for a motion to adjourn. A motion was made and Mr. Baker seconded; all voted in favor. The meeting adjourned at 7:56 p.m. Minutes respectfully submitted by: Bonnie Olsem Administrative Secretary ,.�S° C'''� Memorandum - o EST. 1836 To: Zoning Ordinance Commission .� From: Jason Engberg, Planning Intern 0 CC: Krysti J. Barksdale-Noble, Community Development Director �L ,tea �0 Bart Olson, City Administrator <LE w Date: June 26, 2013 Subject: Zoning Ordinance Update—Notes Staff has prepared an updated Chapter 16: Off-Street Parking and Chapter 17: Fencing and Screening for the Yorkville Zoning Commission. The following revisions have been made: Chapter 16 • Design Standards — The drive-way lengths have been removed. After research and review, not many communities regulate this and it seems to be redundant with the setback bulk regulations. • Staff is still reviewing correct curb radii. By the time of the meeting on Wednesday, the correct numbers for residential, commercial, and industrial measurements should be correct. • Land Bank Parking Trigger— 3 instances for termination have been added. • Loading Requirements for 20,000 sq. ft. eating establishments has been fixed. Chapter 17 • Completely redone and reformatted. Staff has also attached the updated version of previously completed Chapters. No information has been changed but the layout, style, and additional graphics have been added. Not all of the previous Chapters are complete yet, but the ones attached are considered complete. Please look over these items and be ready to discuss at the Zoning Commission meeting. CHAPTER 16 Off-Street Parking 10-16-1: Purpose The purpose of this Chapter is to regulate off-street parking and loading areas on private property outside the public right- of-way. The regulations are intended to achieve the following: A. Relieve traffic congestion on streets by providing adequate, but not excessive, off-street parking; B. Encourage the use of alternate forms of transportation including bicycling,transit, walking, and carpooling; C. Avoid unnecessary conflicts between vehicles, bicycles, and pedestrians; D. To minimize negative impacts on adjacent properties. 10-16-2: General Provisions A.Application The off-street parking and loading provisions in this Chapter shall apply to the following: New Development All new buildings, structures, and land uses established after the adoption of this Chapter must comply with the parking and loading regulations herein. However, if a building permit has been issued prior to adoption and construction has begun within one (1)year of the effective date,then following the parking and loading regulations are not required. Expansion When an existing building or structure increases in intensity or is expanded,the number of parking spaces and/or loading facilities must be modified to meet the parking and loading regulations. The number of parking spaces and/or loading facilities that must be modified will be determined by the unit of measurement specified for that land use herein. However, no building or structure lawfully erected or use lawfully established prior to the effective date shall be required to provide additional parking spaces and/or loading facilities unless the aggregate increase in units of measurements is greater than fifteen percent(15%). New Use 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 were in existence on the effective date shall not be required to reduce the amount of parking and loading facilities regulated in this Title. A change of occupancy is not a change of use unless the new occupant is considered in a different use classification. C. Damage or Destruction If any building, structure, or use that is in existence on the effective date is somehow damaged by fire, collapse, explosion or another cause and is reconstructed or repaired, the parking and loading facilities may be rebuilt to the original form. This shall be allowed only if the original building or use is repaired to its original form and keeps its original use. 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. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 16: Off-Street Parking D. 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 offsite 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 offsite parking facilities will be maintained at all times during the life of the proposed use or building. E. Submission of Plot Plan Any application for a building permit, 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. 10-16-3: Off-Street Parking Regulations Table 10.16.01 A. Use of Parking Areas Minimum Parking Stall and Aisle All off-street parking areas shall continually be available Space Angle (Degrees) for the parking of operable vehicles of intended users of Dimensions the site. Required parking shall not be rented, leased, 0 45 60 90 sold, or used for parking that is unrelated to the primary One-Way Aisle Parking or accessory use of the site, except if there is a recorded shared parking agreement. Also, no off-street parking Parking Aisle Width 8.5' 19' 20' 18' area can be used for storage of equipment or materials. Driving Aisle Width 12' 13' 17' 24' All off-street parking facilities for a residential use or Parking Stall Width 22' 9' 9' 9' within a residential district must be used for passenger automobiles. These automobiles must be owned by the Single Sided Parking 20.5' 32' 37' 42' occupants of the dwelling structure or by the guest of Module Width the occupant. Residential parking facilities may never Double Sided Parking be used for the storage of commercial vehicles or for Module Width 41 51' 57' 60' the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or Two-Way Aisle Parking manufacturing establishments. Parking Aisle Width 8.5' 19' 20' 18' B. Parking Space Dimensions Driving Aisle Width 24' 24' 24' 24' The minimum off-street parking space dimensions are Parking Stall Width 22 91 91 9 shown in Table 10.16.01. An explanation of how these dimensions are generally measured is shown in Figure Single Sided Parking 41' 43' 44' 60' 10.16.01. The actual measurements of the stalls and Module Width aisles is shown in Figure 10.16.02. The actual stalls and aisle must be clearly marked as shown in Figure Double Sided Parking 41' 62' 64' 60' 10.16.02. Module Width Pw PW- Parking Aisle Width sw sMw AW- Driving Aisle Width Aw DMw SW- Parking Stall Width • SMW-Single Sided Parking Module Width DMW- Double Sided Parking Module Width [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 16: Off-Street Parking Figure 10.16.02 Parking Stall Dimensions One-Way Aisle Two-Way Aisle Aisle 8.5 ft. 22 ft. a 8.5 ft. 22 ft. 20.5 ft. Q12 ft. One-Way 24 ft. Two-Way 41 ft. O 19 ft. x /�" > 19 ft. / /9 ft. / w P 13 ft. One-Way -+ 51 ft. M 24 ft. 1 Two-Way 62 ft. 20 ft. 9 ft. 20 ft. 9 ft. v 17 ft. One-Way M+ 57 ft. O L 24,x. Two-Way � 64 ft. N 18 ft. 9 ft. 18 ft. 9 ft. v 42 ft. bA 0 24 ft. One-Way ♦ 24 ft. Two-Way 60 ft. L L O Ol • All measurements start from the edge of the curb. • Drive aisles shall be required in the parking areas that have five (5) or more spaces. • All required parking lots,bythis code,shall complywith the accessibility requirements of the state of Illinois accessibility code and the ADA. [ United City of Yorkville Zoning Ordinance ] Chapter 16: Off-Street Parking C.Access Each required off-street parking space shall open directly upon an aisle or driveway as stated in Table 10.16.01. This will ensure safe and efficient means of automobile access for all parking spaces. The only exception is when the facility is 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. The requirements for driveway Table widths for residential and non- residential use are shown in Table 10.16.02. All driveway widths are Minimum Maximum measured on the street right-of-way Residential 8.5' 25' line. The non-residential driveway widths are different depending on Non-Residential the intensity of the use. The width 1 to 20 trips per day or 1 to 5 trips per hour 12' 24' must be adequate to serve the volume of traffic for the specific use. 21 or more trips per day or more than 5 trips per hour 24' 36' D. Design Standards Open And Enclosed Parking Spaces Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use. Aprons Driveway aprons shall not widen the driveway more than five feet (5') in total width when measured at the curb/street edge. Distance To Existing Street Intersections 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. Driveway Edge/Curb Radius Residential -The maximum radius for a driveway edge/curb for a driveway entrance is twenty feet (20'). Commercial/Industrial - Surfacing All open off street parking areas shall be improved with a pavement meeting state of Illinois standard A-3 or equivalent. Screening And Landscaping All open automobile parking areas shall comply with the requirements of the current landscape ordinance regulations for perimeter parking lot landscaping. 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. [ United City of Yorkville Zoning Ordinance ] [4] Chapter 16: Off-Street Parking Signs Directional and regulatory signs/markings only are permitted on parking areas. Repair And Service No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off street parking facilities provided in a residence district. The sale of gasoline and motor oil in conjunction with accessory off street parking facilities is not permitted in any residence district. E. Location Off street parking spaces may be located in any yard defined by this title. 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. 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. 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 this title. F. Number of Spaces The minimum requirements for the number of spaces needed for a certain use is shown in Table 10.16.03. At the time of permit review,the Zoning Administrator will assign the development a use category. If the category does not fit one of the descriptions in Table 10.16.03, then the zoning Administrator has the right to determine the amount of off-street parking needed for the building, structure, or use. Table 10.16.03 Minimum • Requirements Use Minimum Spaces Required Residential Uses Single Family Dwelling Unit 1 per dwelling unit Multi Family Dwelling Unit Dwelling units with 1000 sq ft or less 1 per dwelling unit Dwelling units with 1001 sq ft or more 2 per dwelling unit Accessory Dwelling Unit 1 per dwelling unit Elderly Housing 0.5 per dwelling unit Lodging Places Motel, Hotel, Boarding House 1 per lodging unit Bed and Breakfast 1 per lodging unti plus 1 space for permanent residence [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 16: Off-Street Parking Table 10.16.03 Minimum • Requirements Commercial Uses Eating and Drinking Establishments 3 per 1000 square feet of floor area General Retail: Grocery Stores, Convenience Stores, Specialty Retail and 3 per 1000 square feet of floor area Shops Bulk Retail: Building Materials, Appliances, Home Furnishings, and 1 per 1000 square feet of floor area Similar Large Items Indoor Recreation 2 per 1000 square feet of floor area Theater, Auditorium, or Stadium 1 per 4 seats Gas Stations No minimum General Office (including banks) 2 per 1000 square feet of floor area Personal Services 3 per 1000 square feet of floor area Commercial Services 3 per 1000 square feet of floor area Vehicle Repair 2 per 1000 square feet of floor area Mortuary or Funeral Home 1 per 5 seats Industrial Uses Storage, Warehouse, Wholesale Establishment Less than 150,000 square feet 0.5 per 1000 square feet of floor area More than 150,001 square feet 0.3 per 1000 square feet of floor area Mini-warehouse, Self-service Storage 1 per 45 storage units plus 1 per employee of the largest shift Community Services and Public Uses Elementary and Junior High School 1 per classroom High School 0.25 per student plus 1 per staff Religious Institution 1 per 6 seats Library or Museum 1 per 1000 square feet of floor area 10-16-4: Shared Parking A. Purpose Shared parking is the use of a parking space by vehicles generated by two or more individual land uses without conflict or encroachment. The ability to share spaces is the result of two conditions: • Vehicles accumulate at different times; either by hours, days, or seasons • Relationship of the uses allows for multiple visits in one auto trip Shared parking for multiple uses creates better pedestrian connections and reduces reliance on private vehicles because multiple trips may be taken by walking. Shared parking is encouraged for the benefits it provides as long as the use follows the above conditions and the standards listed below. [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 16: Off-Street Parking B.Shared Parking Uses Table 10.16.04 The uses listed in Table 10.16.04 are uses that are Shared Parking Uses generally considered prime candidates for shared parking. While these are considered the main uses to have shared Day Time/Weekday Uses Night Time/Weekend Uses parking, the Zoning Administrator has the final authority Banks Auditoriums on what uses may or may not share parking regardless if the use is listed in Table 10.16.04 or not. Offices Churches C. Standards Personal Service Shops Bars 1. The applicant must demonstrate that the shared Household Shops Bowling Alleys parking area has a sufficient amount of spaces for the Wholesale Buildings Night Clubs uses they intend to share the area with. The Zoning Clothing Shops Theaters Administrator may require the applicant to provide data to support the sufficient parking claim. Primary Schools Off-Track Betting 2.The nearest parking space shall be no further than one thousand (1,000)feet from the principal buildings, structures,or uses. The measurement shall be measured along a path that has: a.Adequate lighting b. Separation from the right-of-way c. Legal crosswalks for right-of-way crossing d. Asphalt, concrete, or similar surface material 3.A legal document between the property owners that guarantees access to the shared parking must be submitted to the Zoning Administrator. The document will be reviewed before being recorded. The termination of the agreement must be approved by the City and the owners must provide proof that each establishment meets the criteria within this Title. 10-16-5: Vehicle Stacking Requirements Table 10.16.05 All drive-in and drive-through facilities shall provide Stacking Requirements vehicle stacking in accordance with Table 10.16.05. Stacking Space Dimension 12' x 20' Configuration Use Minimum Number of • No stacking space may occupy any portion of a public Vehicles right-of-way. Financial Institution, with 3 Vehicles per Window • The minimum pavement lane width shall be 10 feet. Drive-up Tellers or Kiosk • Stacking spaces may be used to satisfy any of the off- 3 Vehicles per bay at street parking but may not be used for loading space entrance requirements. Car Wash, Self-Service 1 Vehicle per bay at • Stacking lanes shall not interfere with parking spaces, exit parking aisles,loading spaces, internal site circulation, 5 Vehicles per bay at or points of ingress and egress. • A 12-foot bypass lane is required adjacent to the Car Wash,Automatic entrance stacking lane to allow vehicles to circumvent the 2 Vehicles per bay at stacking lane. exit Reduction 3 Vehicles behind The City may approve a reduction of the stacking menu board Restaurant, Fast Food requirements of this Section upon demonstration by a 3 Vehicles behind first qualified traffic engineer that a reduction in the stacking window requirements is appropriate for the applicant's proposed 2 Vehicles per use given its proposed intensity or context. Public Uses Window/Kiosk [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 16: Off-Street Parking 10-16-6: Bicycle Parking The purpose of this section is to provide sufficient safe and convenient bicycle parking to encourage bicycling as a form of transportation, reducing traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. A.Types of Parking The following types of bicycle parking shall be allowed: Short Term Parking Bicycle Rack A bicycle rack is a device that is capable of supporting a bicycle in a stable position that secures the bicycle with at least two points of contact. A single rack provides two parking spots. The rack shall be no taller than three (3)feet tall and no less than eighteen (18) inches in length. Bicycle Shelter A bicycle shelter is a covered parking area and provides all-weather protection. The shelter should be designed to hold many bicycles. It is preferred that the shelter be close to other forms of transportation to encourage bicycle riding throughout the city. Long Term Parking Bicycle Locker A bicycle locker provides an all-weather, high security, and long term parking solution. The enclosure should be made out of durable material that will keep the bicycle safe from weather or vandalism. The locker must be able to be locked to prevent theft and it must be able to be unlocked by the user for easy access. It is preferred that bicycle lockers are placed near other forms of transportation to encourage bicycle riding throughout the city. Bicycle Station A bicycle station provides the highest level of service for long term parking. The station is intended to be a regional hub for bicycles B;�ycles in the area and it is expected for the station to provide services to cyclists. These services may include but are not limited to repair, lockers, showers, food and beverages, rental, and other storage facilities. [ United City of Yorkville Zoning Ordinance ] [ 8 ] Chapter 16: Off-Street Parking B. Off-Street Parking Reduction for Bicycle Parking A reduction in the number of off-street parking spaces required shall be permitted for the provision of bicycle parking provided that: • No fee is required for using the bicycle parking made available; • When calculation of the maximum number of reduced parking spaces results in a fraction,the resulting number shall be rounded to the next highest integer. The reduction in the number of automobile parking spaces shall be reduced by no more than one (1) space for every two (2) bicycle parking space, but no more than twenty (20) percent of the total required spaces. This provision is applicable to all land type uses except to Single-Unit Residential and Two-Unit Residential. 10-16-7: LAND BANKED PARKING FACILITIES Land banking allows for designating a portion of land on a site that would be required for parking to be held and preserved as open space, rather than constructed as parking.This reduces the amount of impervious surface on a site for developments which otherwise would not have enough parked vehicles to fill the minimum required parking stalls, or "bank"the spaces until such time capacity warrants their construction. A. Standards The Zoning Board of Appeals may permit land banking of up to twenty-five percent (25%) of the required parking spaces through the variance process, subject to the following. 1. Sufficient evidence is provided by the applicant that supports the reduced parking needs. 2. Approval of a Land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time. 3. Landscaping of the land banked area must be in full compliance of the zoning regulations and, at a minimum, landscaped with turf.As a result of the site plan review process,the Zoning Board of Appeals may require additional landscaping of the land banked area. 4. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership. 5. As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking." B. Land Bank Plans Required The owner of the property making a land bankgg st shall submit a detailed land banked parking plan for review and approval by the Zoning Board of Appeals. The land banked parking plan shall show both full compliance with the parking regulations of Title 10 Zoning, Chapter 16 Off-Street Parking and Loading, and the land bank area showing the reduced number of parking spaces. C.Termination of Land Bank The City Council shall have the right in its discretion to require the property owner or successor, to construct all or a portion of the land banked parking facilities. There are three instances for termination: Land Bank Parki • The intensity of the use is increased • The type of use changes • There is an addition to the propeerty or building The Community Development Director will provide notice to the owner that the land banked parking facilities must be constructed and completed within one (1)year from the date of the notice. [ United City of Yorkville Zoning Ordinance ] [ 9 ] Chapter 16: Off-Street Parking 10-16-8: 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 zoned or used for residential purposes unless all loading and unloading activities are located completely within the building, screened by walls, solid fencing or densely planted mature shrubbery, or a combination thereof, not less than six feet(6') in height. No permitted or required loading berth shall be located within any front or corner side yard, and shall not be located within fifty feet (50') of the nearest point of intersection of any two (2) streets. B.Size Unless otherwise specified, a required loading berth shall be the greater of ten feet in width by at least twenty five feet in length (10' x 25') or the length of the longest delivery vehicle used in connection with such use, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen feet(15'). C.Access Each required off-street loading berth shall be designed 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 aggregate base not less than 12" and surfaced with not less than four inches(4")of bituminous concrete or six(6")inches of concrete or some comparable all-weather dustless material.The exact design to be determined based on projected use of the loading berth" 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 Community Development Director, shall be provided. H. Computation of Number of Required Off-Street Loading Spaces If in determining the number of off street loading berths as required by this Title,the computation results in a requirement of a fractional berth, any one-half(1/2) or more shall be round to the nearest whole number and counted as one loading berth. I.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) [ United City of Yorkville Zoning Ordinance ] [ 10] Chapter 16: Off-Street Parking 10-16-9: 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: Table 10.16.06 Minimum • Requirements Minimum Required Use Gross Floor Area Required Number& Minimum Horizontal (sq.ft.) Dimensions of Berths Institutional Uses Hospitals, Sanitariums, and Other Institutional Uses 10,000- 200,000 1—(10'x 25') Nursing/Elder Care Home Facility 10,000-200,000 1—(10' x 25') Lodging Places 10,000- 200,000 1—(10'x 25') Motel, Hotel, Boarding House, Clubs and Lodges For each additional 1—(10' x 25') (without eating and drinking establishments) 200,000 or fraction thereof 10,000—20,000 1—(10' x 25') Motel, Hotel, Boarding House, Clubs and Lodges with 20,000- 150,000 1—(10'x 50') retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices (other than For each additional 1—(10' x 25') accessory) 150,000 or fraction thereof Commercial Uses 10,000- 20,000 1—(10'x 25') Eating and Drinking Establishments 20,000 or more 2—(10'x 25' each) General Retail: Grocery Stores, Convenience Stores, Specialty Retail and 5,000- 10,000 1—(10'x 25') Shops Up to 200,000 1—(10'x 25') Bulk Retail: Building Materials,Appliances, Home Furnishings, and For each additional 1—(10'x 50' Similar Large Items 200,000 or fraction thereof 10,000—100,000 1—(10'x 25') Indoor Recreation For each additional 1—(10'x 50') 100,000 or fraction thereof 8,000-25,000 1-(10'x 25') Theater, Auditorium, or Stadium For each additional 1—(10'x 25') 50,000 or fraction thereof [ United City of Yorkville Zoning Ordinance ] [ 11 ] Chapter 16: Off-Street Parking Table 10.16.06 Minimum •ff-Street Loading Requirements 10,000-100,000 1—(10'x 25') For each additional 1—(10' x 25') 100,000 or fraction General Office (including banks) thereof to 500,000 For each additional 1—(10'x 25') 500,000 or fraction thereof Mortuary or Funeral Home 8,000— 100,000 1—(10' x 25') Industrial Uses Up to 100,000 1—(10' x 25') Storage, Warehouse, Wholesale Establishment For each additional 1—(10'x 50') 100,000 or fraction thereof 5,000— 10,000 1—(10'x 25') Manufacturing Production, Processing, Cleaning, Servicing,Testing or 10,000—40,000 1—(10'x 50') Repair of Materials, Goods or Products 40,000—100,000 2—(10' x 50' each) Community Services and Public Uses Auditoriums, Convention Halls, Exhibition Halls, Sports 10,000—20,000 1—(10'x 25') Arenas, Stadiums 20,000—100,000 1—(10, x so [ United City of Yorkville Zoning Ordinance ] [ 12 ] CHAPTER 17 Fencing and Screening 10-17-1 Purpose The intent of this chapter is to set guidelines for building on property fences and screening undesirable structures or storage containers. The following regulations are made so the city can promote the health, safety, and general welfare of the public. 10-17-2 Fencing Standards A. Regulations for All Zoning Districts • Fences of more than 30 inches in height require a building permit. • All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. • No more than two different types of fencing material are permitted per fence. Placement • Fences may be built up to, but not on, the property line and must be located entirely on the property of the owner constructing it. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements,such as those dedicated for landscape, sidewalks, trails or access. • The City of Yorkville does not provide surveying services. The property owner is responsible for locating property lines. • Fences, walls or hedges shall not encroach on any public right-of-way. • It shall be the responsibility of the property owner to insure that a fence does not block or obstruct the flow of storm water. • No solid fence, wall, hedge or shrubbery which exceeds 3 feet above the street grade shall be permitted within the sight distance triangle formed at the intersection of any two 2 street right-of-way lines. • the intersection of any street right-of-way lines with any service entrance drive (both sides of such drive), by a line drawn between such right-of-way lines, and/or such right-of-way line and service entrance drive line, at a distance along such line of 25 feet from the point of intersection thereof. Maintenance • It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the fence in good repair at all times. If a fence is found to be in a deteriorated condition and/or in need of repair, the Community Development Director may order the fence to be repaired, replaced or removed depending upon the condition of the fence. Such order shall be in writing. • Missing boards, pickets or posts shall be replaced within 45 days with material of the same type and quality. • Fences shall be maintained in an upright condition. Prohibited Fences • Fences or enclosures charged with or designed to be charged with electrical current are prohibited. • Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. • Barbed wire fences are prohibited. • No Fence shall be constructed of used or discarded materials in disrepair, including, but notlimited to, pallets, tree trunks, trash, tires,junk, or other similar items. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 17: Fencing and Screening B. Regulations for Residential Districts Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50%oppacity Graphic Showing Yards Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 6 Feet Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use Materials The following materials are accepteable for the any residential district: • Stone 0 Plastic • Brick • Aluminum • Finished Wood • Composite Wood and Plastic • Cast or Wrought Iron These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. C. Regulations for Businessl Districts Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50%oppacity Interior Side Yard 6 Feet Corner Side Yard 6 Feet Rear Yard 6 Feet Materials The following materials are accepteable for the any business district: • Stone 0 Plastic • Brick • Aluminum • Finished Wood • Composite Wood and Plastic • Cast or Wrought Iron • Chain Link These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. [ United City of Yorkville Zoning Ordinance ] [ 2 1 Chapter 17: Fencing and Screening D. Regulations for Business) Districts Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.03. Table 10.17.03 Industrial District Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet Materials The following materials are accepteable for the any industrial district: • Stone 0 Plastic • Brick • Aluminum • Finished Wood • Composite Wood and Plastic • Cast or Wrought Iron • Chain Link These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. D. Regulations for Publice Uses and Utilities Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.04 and Table 10.17.05. Table 10.17.04 Table 10.17.05 School Utililty Fence Heights Public Park or Yard Maximum Height Yard Maximum Height Front Yard 8 Feet Front Yard 12 Feet Interior Side Yard 8 Feet Interior Side Yard 12 Feet Corner Side Yard 8 Feet Corner Side Yard 12 Feet Rear Yard 8 Feet Rear Yard 12 Feet Materials The following materials are accepteable for the any Public Use: • Stone 0 Plastic • Brick • Aluminum • Finished Wood 0 Composite Wood and Plastic • Cast or Wrought Iron 0 Chain Link These materials are an example of acceptable fencing. The Community Development Director has the right to aprrove materials not listed as long as they are consistent with the surrounding land use. [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 17: Fencing and Screening 10-17-3 Screening Service yards, loading docks, large refuse containers and other like places that tend to be unsightly shall be screened from view. Screening shall be equally effective at all times of the year. Large Refuse Containers Commercial trash dumpsters and other large waste receptacles or equipment shall be screened on three sides with a solid opaque material wall at least six feet (6') in height or to the extent where the wall screens the dumpster from view. The material must match the building and have an opaque single or double access gate on the fourth side. A detail of the enclosure is required on the plan. Landscaping is preferredto be put around the perimeter of the three solid walls. Utilities All utility equipment (meters, transformers, etc.) shall be screened with appropriate plantings if located on the ground or false walls or parapets if located on the roof. False walls or parapets are not required for buildings located in a manufacturing district. The Community Development Director decides what is an acceptable ammount of screening during the plan review process. Example of Refuse Container Enclosure Loading Areas When located across a street from residential zoned property, all garage doors and loading areas on non- residential property shall be concealed from view from adjoining residential zoned property with a combination of landscaping and/or hardscape screening such as solid gates or walls. [ United City of Yorkville Zoning Ordinance ] [4 1 �u t r i y� YAJ/l4:Y t a,. CHAPTER 1 Zoning Purpose and Interpretation 10-1-1: Title This Title, including the Zoning District Map made a part hereof and all amendments hereto, shall be known, cited and referred to as the UNITED CITY OF YORKVILLE ZONING ORDINANCE. 10-1-2: Authority This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by Illinois state law. 10-1-3: Applicability Unless otherwise expressly exempt, the zoning ordinance applies to all land use, structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as allowed by Illinois state law. 10-1-4: Intent and Purpose This Title is adopted with the intent to set forth regulations and standards for the following purposes: A.To promote and protect the public health, safety, morals, comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings,structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D.To provide adequate light, air, privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health; F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas in order to provide adequate light, air, privacy and access to property; G.To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; I.To prevent additions to, or alteration or remodeling of, existing buildings imposed hereunder; J.To limit congestion in the public streets and protect the public health,safety,convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles; K. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; L.To prevent the overcrowding of land and undue concentration of structures,so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them; M.To conserve the taxable value of land and buildings throughout the City; N.To encourage innovative and low-impact development techniques through the reduction of stormwater run-off, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land; O. To promote pedestrian circulation through a well-designed system of shared-use trails which allows access to local and regional destinations; [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 1: Zoning Purpose and Interpretation P. To promote, preserve and enhance those buildings and structures within certain area of the City that are of historical importance; Q.To promote and regulate the use of alternative and renewable energy solutions,where applicable; R.To ensure the objectives of the Comprehensive Plan are considered. S. To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; T. To define and limit the powers and duties of the administrative officers and bodies as provided herein; and U. To prescribe penalties for the violation of the provisions of the Zoning Ordinance, or of any amendment thereto. V. To ensure the provisions of public improvements governing the subdivision and platting of land; street and roadway standards; availability of utilities; and schools and park development are applied to all properties within the City's corporate limits, as prescribed in the Yorkville Subdivision Control Ordinance. 10-1-5: Interpretation A. Minimum Requirements The provisions of this Title shall be held to be the minimum requirements for the promotion of public health,safety, morals and welfare. B. Relationship with Other Laws Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law,ordinance, resolution, rule or regulation of any kind,the regulations which are more restrictive(or which impose higher standards or requirements) shall govern. C. Existing Agreements This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive(or impose higher standards or requirements)than such easements,covenants or other private agreements, the requirements of this Title shall govern. 10-1-6: Scope of Regulations A. Changes in Structures or Use Except as may otherwise be provided in Chapter 17 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter,all structural or relocation of existing buildings occurring hereafter,and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. B. Nonconforming Buildings, Structures and Uses Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Chapter 17 of this Title. C. Building Permits When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (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 17 of this Title. [ United City of Yorkville Zoning Ordinance ] [ 2 1 Chapter 1: Zoning Purpose and Interpretation D. Existing Special Uses Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of the City Council, the Zoning Administrator or the Zoning Board of Appeals. 10-1-7: Separability If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendment hereto,to a particular building, structure or parcel of land, such judgment shall not affect the application of said provision to any other building, structure or parcel of land not specifically included in said judgment. [ United City of Yorkville Zoning Ordinance ] [3 1 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. Principal Use No lot shall have erected upon it more than one (1) principal permitted use. No more than one (1) principal building shall be permitted on one (1) lot, except that commercial uses, shopping centers, apartment and condominium projects and manufacturing developments, all receiving site plan or Planned Unit Development approval, may be permitted to have more than one (1) building on a lot in accordance with standards of the zoning district in which they are located. C. 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, water towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. D. 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. E. Flag-lots Flag-lots only accessible via an easement shall not be permitted. Flag lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where limited access to a street exists. F. Building Height Measurement Building Height shall be measured from the datum point established by the average of the two (2) grades along each side lot line where the front yard line meets the side lot lines to the highest point of the roof or parapet. 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 used to 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 [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 3: General Zoning Provisions below, or further reduced below if already less than, the minimum yard requirements of this Title for equivalent new construction, except as provided in Section 10-10-7 of this Title. D. Permitted Obstructions in Required Yards The following shall not be considered to be obstructions when located in the required yards specified (also refer to Table 1: Permitted Accessory Buildings, Structures and Obstructions): 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; b.Awnings and canopies adjoining the principal structure not exceeding three feet (3') or less into required yard; c. Steps four feet(4') or less above grade which are necessary for access to a zoning lot from a street or alley; d. Chimneys projecting eighteen inches (18") or less into the yard; e.Arbors and trellises; f. Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3-2E of this Title. g. Flagpoles. h. Fences as regulated in Chapter 19 Fences, Screens and Walls of this Title. 2. In Front Yards: a. One story bay windows projecting three feet (3') or less into the yard; b. Ornamental light standards; c. Overhanging eaves and gutters projecting three feet (3') or less into the required yard. 3. In Rear Yards: a. Enclosed, attached or detached off-street parking spaces; b. Open off-street parking spaces, c. Accessory Buildings and Structures as regulated in Section 10-3-5 of this Title. d. Balconies, breezeways, open porches, and one-story bay windows projecting three feet (3') or less into the required yard: e. Overhanging eaves and gutters projecting three feet (3') or less into the required yard. f. Recreational equipment and clotheslines/racks; 4. In Side Yards: a. 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"); b.Air-conditioning units for a distance not exceeding ten percent (10%) of the required yard width, but in no case exceeding twelve inches (12"). E. Corner Clearance There shall be no buildings, structures or landscaping which obstruct 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. F. Encroachment into Required Yards It shall not be deemed a violation of the yard requirements of this Title if an existing residential building or structure encroaches upon a required yard under the following conditions: a.The encroachment does not exceed three (3) inches; and b.The building or structure does not encroach upon more than one required yard. [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 3: General Zoning Provisions 10-3-3: Lot Area and Dimensions 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. 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. 10-3-5: Accessory Buildings and Structures A. Permitted Accessory Buildings and Structures Sheds; tool rooms; similar buildings or structures for domestic or agricultural storage;gazebos;green houses; play ground equipment; pools; recreational courts; playhouses; stables; garages and parking structures. Refer to Table 1: Permitted Accessory Buildings, Structures and Obstructions. B. Location No part of any accessory building or structure shall be located closer than five feet (5')from any side or rear property line. No accessory building or structure shall be closer than ten feet (10')to any main building or closer to the public way than the principal building on the lot. C. 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. D. Height of Accessory Buildings or Structures in Required Rear Yards No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height. E. 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 (5') of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. 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. 10-3-7: Trailers, Tents, Boats [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 3: General Zoning Provisions A. Trailers For the purposes of this section,trailers shall include, but not be limited to, utility trailers, boat trailers, horse trailers,cargo trailers, camping trailers, and travel trailers. B. 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. C. Parking and Storage Restricted Trailers shall not be parked or stored on any lot other than as lawfully permitted by this Code. Travel trailers shall only be located in lawfully established travel camp, trailer sales or manufacturing establishment or in accordance with Section 10-3-61D. However, in a residence district, no more than one trailer may be parked or stored openly in the driveway of a residential lot and shall not block the pedestrian way or sidewalk D. Stored Trailers Trailers stored in the open on a residential lot shall not be located within the required side yard or front yard unless as permitted in Section 10-3-7B of this title. However, trailers may be stored openly in the rear yard of a residential lot, provided that it shall: 1. Be no closer than ten feet(10')to a side or rear lot line. 2. No trailer or other recreational vehicle as defined in Chapter 2 of this Title, shall be utilized for lodging or residential purposes unless as permitted in Section 10-3-7C. 3.Trailers shall not be connected to any utility for electricity, water,gas usage unless permitted for temporary parking in accordance with Section 10-3-7C. E. Temporary Parking Temporary parking and use of travel trailers shall be permitted when a permit has been issued by the zoning officer 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. 3.Travel trailers permitted for temporary parking shall be stored as required in Section 10-3-7B of this Title. F. Tents Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be allowed when a permit has been issued for such use by the zoning officer. G. 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) 10-3-9: 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. 10-3-10: Home Occupations [ United City of Yorkville Zoning Ordinance ] [4] Chapter 3: General Zoning Provisions The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the residential character of the surrounding residential uses.Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district. Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chapter 17 for the elimination of nonconforming use. In all residence districts, any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes. B. It is not conducted from a detached or attached accessory building, or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling, and not more than twenty-five percent (25%) of the floor area, including the lookout basement, of the dwelling shall be devoted to such home occupation. If more than one (1) home occupation is operated in a residence, the combined total square footage devoted to all such home occupations shall not exceed twenty-five percent (25%) of the floor area of the dwelling. 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 only by the residents of the dwelling, plus only one additional person not living on the premises. E. No electrical or mechanical equipment is used, except such as is customarily used for purely domestic or household purposes. F.The home occupation shall not generate traffic or deliveries beyond what is normally expected in the zoning district in which it is located and off-street parking for the occupational use shall be in accordance with the provisions of Chapter 18: Off-Street Parking and Loading of this Title. G Limited amounts of goods,commodities or stock in trade shall be received, retained, used or stored on,or physically transferred from the premises.Jobbing,wholesale or retail businesses,unless conducted entirely by mail,electronically or telephone, is prohibited. 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. I. No permitted home occupation(s) shall interfere with the reasonable use and enjoyment of adjacent residential properties, such as, but not limited to,those home occupations that create any form of electro-magnetic interference or cause fluctuation in line voltage outside of the dwelling the home occupation is conducted. J. The home occupation does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district. K.The home occupation does not involve any illegal activity. L. In-Home Daycare/Childcare Services are permitted as home occupations subject to the following provisions: 1. Any person operating an in-home daycare/childcare service is required to obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service. 2. Any person operating an in-home daycare/childcare service is also required to obtain an operational permit from the Bristol Kendall Fire District. 3. In-home daycare /childcare services are limited to no more than twelve (12) children under the age of twelve (12) at any one time, or obtain special use permit approval for additional children pursuant to Chapter 6 of this [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 3: General Zoning Provisions Title. M.The following home occupations are prohibited: 1. Manufacturing business 2. Medical clinic or hospital 3. Animal hospital or kennel (animal grooming services are permitted) 4. Restaurant 5. Mortuary and funeral parlors 6.Any activity that produces noxious matter or employs or produces flammable matter or is in violation of Section 10-3-10 of this Title. 10-3-11: Uses Not Specifically Permitted in Districts When a use is not specifically listed in the sections devoted to "uses permitted", it shall be assumed that such uses are hereby expressly prohibited unless, by a written decision of the Zoning Administrator, it is determined that said use is similar to and not more objectionable than uses listed. [ United City of Yorkville Zoning Ordinance ] [6 ] CHAPTER 4 Zoning Administration and Enforcement 10-4-1: Organization A. Implementing and Administering The primary responsibility for implementing and administering this Title is hereby vested in the following bodies: 1. Zoning Administrator 2. Zoning Officer 3. Plan Council 4. Plan Commission 5. Zoning Board of Appeals 6. City Council B.Authority and Administrative Functions This Chapter shall first set out the authority of each of the designated administrative bodies, and then describe the procedures and substantive standards with respect to the following administrative functions: 1. Issuance of building permits and certificate of occupancies 2. Plan Review 3.Variations 4. Appeals 5. Special Uses 6.Amendments 7. Annexations 8. Fees and Penalties 10-4-2: Administration A. Zoning Administrator The Director of the Department of Community Development shall be the zoning administrator.Acting in this capacity,the Director of the Department of Community Development shall administer the provisions of this Title. B. Duties The Zoning Administrator is duly appointed and shall enforce the zoning regulations in addition thereto,and in furtherance of such authority, shall: 1. Identify all nonconforming structures and uses. 2. Forward to the Plan Commission applications for amendments to the zoning Title text or map, special uses and County mile and one-half reviews. 3. Forward to the Zoning Board Appeals applications for appeals and variances. 4. Forward applications, site plans and related information to the Plan Council in all cases which require plan reviews as defined in Section 10-4-4 of this Chapter,and as required in specific zoning districts underthe provisions of this Title. 5. Interpret the zoning regulations when questions arise, including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment. [ United City of Yorkville Zoning Ordinance ] [ 11 Chapter 4: Zoning Administration and Enforcement b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records of the zoning ordinance, including but not limited to, all maps, amendments,variations, appeals, and publications thereof. 7. Assist in providing public information relative to all matter pertaining to this Title and open records for public inspection, as deemed required by law. 8. Initiate, direct, and review,from time to time, a study of the provisions of this Title and administrative record of variances and appeals,and make reports of his/her recommendations to the City Administrator and the appropriate Board or Commission. 9. Administer the comprehensive plan and make interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit. 10. Delegate other duties as may be placed upon him/her by this Title. 10-4-3: Enforcement A. Zoning Officer The Chief Building Code Official, hereinafter referred to as the "officer", is designated as the zoning officer of the city. B. Duties The Zoning Officer shall, with the exception of interpretations unless otherwise authorized, be responsible for enforcing this Title. Said officer shall have the power and shall see that the provisions of this Title are properly enforced and in furtherance of such authority, shall: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title. 3. Issue violation notices requiring compliance within thirty(30)days and advising suspected violators of their right to appeal; and to issue citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Enforce all orders of the Zoning Board of Appeals and City Council. C. 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 Community Development, Engineering, Public Works and Police departments, to assist the zoning officer by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. 10-4-4: Plan Council A. Purpose To carry out the site plan review of applications and petitions related to concept plan, County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat. B. Members The Plan Council is hereby created and may consist of the City Administrator, Community Development Director, City Engineer,Chief Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief,Sanitary District Director, Emergency Medical Representative, and Fire District Representative. C. Meetings [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 4: Zoning Administration and Enforcement The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. D. Duties The Plan Council shall have the duties as set forth herein and as follows: 1. Review on all site plans and documents related to concept plan, County mile and one-half review, annexations, planned unit developments,zoning,special use,preliminary plan and final plat for compliance with City Ordinances, standards and policies. 2. Work cooperatively with the applicant(s)to find mutually acceptable site design and improvement solutions to specific site problems, in accordance to City Ordinances, standards and policies. 3. Prepare recommendations based upon review of site plans and documents to Commissions and/or Boards prior to holding of a public hearing on the application or petition. E. Final Authority The City Administrator shall have final authority with regard to members and meeting schedule for the Plan Council. 10-4-5: Plan Commission The city Plan Commission, which has been duly created by the Mayor as defined in Section 2-1-1 of the City Code, 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 text amendments, map 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 make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this title. D. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the city. 10-4-6: Zoning Board of Appeals The City Zoning Board of Appeals, which has been duly created by the Mayor as defined in Section 2-2-1 of the City Code, shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B.To hear and pass upon applications for variations from the terms provided in the zoning ordinance in the manner prescribed by and subject to the standards established therein. C. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. D.To enforce and make all decisions under the sign ordinance. 10-4-7: 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 Zoning Board of Appeals holds a public hearing and makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. Unless otherwise specified herein,the Mayor and City Council shall have the final decision on variations. [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 4: Zoning Administration and Enforcement B. Application and Notice of Hearing An application for a variation shall be filed in writing with the zoning administrator. 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 administrator and acted on in the following manner: 1. 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) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator 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) calendar days in advance of the hearing. 3. 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. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served,and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-713 of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. 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 code are complied with in addition to 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. F.The proposed variation is consistent with the official Comprehensive Plan and other development standards and policies of the city. 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: 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 no more than twenty-five percent (25%). [ United City of Yorkville Zoning Ordinance ] [4] Chapter 4: Zoning Administration and Enforcement 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 allow for the deferment, or land banking, of required parking facilities for a reasonable period of time, such period of time to be specified in the variance. 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. 2.The concurring majority vote of the Zoning Board of Appeals members shall be necessary to grant a variation. 3. 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 all membersof the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. E.Action of the Zoning Board of Appeals: 1.The Zoning Board of Appeals, on those matters defined as authorized variations, shall render a decision of approval, approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action. 2. The Zoning Board of Appeals, on all other variations which shall be granted by the City Council, shall make recommendations to the City Council for approval, approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action or for referral back to the Zoning Board of Appeals for further consideration. F. Revocation Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator. 10-4-8: Appeals A. Purpose An appeal may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination made by the Enforcing Officer, by any person aggrieved by the action taken under the regulations of this Title.The Zoning Board of Appeals shall hear the appeal and forward its recommendations) to the Mayor and City Council for final determination. B. Initiation An appeal maybe taken within forty-five (45) days of the action complained of by filling with the Enforcing Officer a notice of appeal specifying the grounds thereof, who shall forward such appeal to the Zoning Board of Appeals. C. Public Hearing [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 4: Zoning Administration and Enforcement A public hearing shall be conducted by the Zoning Board upon every appeal. Notice of the hearing shall be posted at least twenty-four(24) hours in advance of said public hearing in the City Clerk's office. D. Decisions The Board of Appeals may recommend to reverse or affirm, wholly or partly, or may modify the order, requirement, decision,or determination relating to this Title,made by the Enforcing Officer and said recommendation shall be forwarded to the Mayor and City Council for final determination. 10-4-9: Special Uses A. Purpose The development and execution of this Title 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 Zoning Administrator and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. Such application shall be forwarded from the Zoning Administrator to the Plan Council for review and Plan Commission for public hearing and recommendation to the Mayor and City Council. D. Hearing on Application for Special Use Upon receipt of the application referred to above,the Plan Commission shall hold at least one public hearing and acted on in the following manner: 1. 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) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator 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) calendar days in advance of the hearing. 3. 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. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served,and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-76 of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. E.Authorization For each application fora 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 [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 4: Zoning Administration and Enforcement 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 there from, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed special use and a copy upon applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed special use. 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 or near the neighborhood in which it is to be located. 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 proposed special use is not contrary to the objectives of the Official Comprehensive Plan of the city as amended. G. Conditions and Guarantees 1. Prior to the granting of any special use, the Plan Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection H. 2. In all cases in which special uses are granted the Plan Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the special use are being and will be complied with as required. H.Action of the Plan Commission 1. The Plan Commission shall make recommendations to the City Council to grant or deny an application for special use, and may establish such conditions and restrictions as defined in subsection G. above for final action. The City Council may grant or deny, by ordinance, any application for special use or refer back to the Plan Commission for further consideration. 2. Any application for a special use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Plan Commission shall not be approved except by the favorable vote of two-thirds (2/3) of all the members of the City Council, and any special use application which receives the favorable recommendation or favorable recommendation with conditions from the Plan Commission may be denied by a majority vote of the City Council. 1. Effect of Denial of Special Use No application for special use,which has been denied wholly or in part by the City Council,shall be resubmitted for a period of one (1) year from the date of said denial, except on the grounds of new evidence or proof of change of conditions. J. Revocation In any case where a special use has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless it is in place and in active use within three (3) years of the date of issuance, unless extended by the Zoning Administrator. [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 4: Zoning Administration and Enforcement 10-4-10: Amendments A. Initiation of Amendments Text Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals , City official, majority beneficiary of land trust, contract purchaser or any property owner. Map Amendments may be proposed by the owner of the property involved, the Mayor and City Council, the Plan Commission,the Zoning Board, or other City official. B. Processing 1. Filing of Application; Contents: An application for an amendment shall be filed with the Zoning Administrator. 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 to the Plan Commission with the request to hold a public hearing. 2. 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.3. Notice of Public Hearing: a. The city clerk shall publish notice of a public hearing on such application for amendments, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator 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) calendar days in advance of the hearing. c. 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. d.The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served,and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. 3. 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.The existing uses and zoning of nearby property. b.The extent to which the property values are diminished by the particular zoning restrictions. c.The extent to which the destruction of property values of plantiff promotes the health, safety, morals or general welfare of the public. d.The relative gain to the public as compared to the hardship imposed upon the individual property owner. e.The suitability of the subject property for the zoned purposes. f.The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity if the subject property. [ United City of Yorkville Zoning Ordinance ] [8 ] Chapter 4: Zoning Administration and Enforcement g.The community need for the purposed use. h.The care to which the community has undertaken to plan its land use development. 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 shall be required to recommend granting or denying an application 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. 10-4-10: Annexations A. Petition for Annexation All annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation. B. Request for Zoning Amendments or Variations 1. Process: All petitions for annexation agreement requesting a zoning classification other than the R-1, Single Family Suburban zoning classification which is assigned to lands annexed to the city not requesting a rezoning, 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 10-4-13 of this chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 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 in the following manner: a. 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) calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator 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) calendar days in advance of the hearing. c. 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. d.The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-76 of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24) hours in advance of the public hearing. [ United City of Yorkville Zoning Ordinance ) [ 9 ) Chapter 4: Zoning Administration and Enforcement 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. 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 B of this section above. 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. 10-4-12: Permits and Certificates 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 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. Certificate of Occupancy 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 therefore shall have been issued. C.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 acted upon within three (3) business 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 therefore shall be issued within three (3) business days after the application for the same has been made. D. 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 [ United City of Yorkville Zoning Ordinance ] [ 10 ] Chapter 4: Zoning Administration and Enforcement 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. E. 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. F. 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. 10-4-13: Fees and Penalties 1. Petitions pertaining to Annexation, Zoning Amendment, Special Use, Variances shall be responsible for application and application review fees as provided in Section 1-7-9 of this Code. 2. Any person who violates, disobeys, omits, neglects, and refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1-4-1 of this Code. [ United City of Yorkville Zoning Ordinance ] [ 11 ] CHAPTER 5 Zoning Districts and Maps 10-5-1: Districts Established For the purpose and provisions herein,Yorkville is hereby organized into sixteen (16)districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Table 10.05.01 Yorkville • Location in Title Zoning District Minimum Acres Chapter 9 A-1 Agricultural District --- Chapter 10 OS Open Space --- Chapter 11, Article A E-1 Estate District 1 Chapter 11, Article B R-1 Single-Family Suburban Residence 10 Chapter 11, Article C R-2 Single-Family Traditional Residence District 10 Chapter 11, Article D R-2 Duplex,Two-Family Attached Residence District --- Chapter 11, Article E R-3 Multi-Family Attached Residence District 5 Chapter 11, Article F R-4 General Multi-Family Residence District 2 Chapter 12, Article A O Office District 1 Chapter 12, Article B B-1 Local Business District 1 Chapter 12, Article C B-2 Retail Business District 2 Chapter 12, Article D B-3 General Business District 2 Chapter 12, Article E B-4 Service Business District 2 Chapter 13, Article A M-1 Limited Manufacturing District 10 Chapter 13, Article B M-2 General Manufacturing District 10 10-5-2: Zoning Map The boundaries of the zoning districts designated in Section 10-5-1 of this Chapter are hereby established as shown on the latest edition of the map entitled "Zoning Map: The United City of Yorkville", , which said map shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein. 10-5-3: District Boundaries When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A.District boundary lines are either the center lines of railroads, highways,streets,alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. 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 map 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 map from section, quarter-sections or division lines, or center lines of streets, highways or [ United City of Yorkville Zoning Ordinance j [ 1 ] Chapter 5: Zoning Districts and Maps railroad rights of way unless otherwise indicated. C. Where a lot held under single ownership and of record on the effective date hereof is divided by a district boundary line,the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet (25'). 10-5-4: Zoning of Streets, Alleys, Public Ways, Waterways and Railrod Right 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. 10-5-5: Zoning of Annexed Land Any territory or land hereafter annexed to the City shall automatically, upon such annexation be classified within the R- 1 Residential District and be subject to all conditions and regulations applicable to land in such district until such land is subsequently rezoned; or the owner if owners of the territory or land to be annexed voluntarily enter into an annexation agreement which specific zoning classification and other restrictions affecting said territory or land concurrently with the petition for annexation and pursuant to Section 10-4-10 of this Title.The Plan Commission shall make findings of fact with respect to the appropriate zoning classification or classifications of the annexed land and forward its recommendation to the City Council. [ United City of Yorkville Zoning Ordinance ] [ 2 ] CHAPTER 6 Key P = Permitted Use Permitted and Special Uses S = Special Use - = Not Permitted Use Table 1 1. 1 Residential Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Mobile Home Park - - S1 S1 - - Dwelling, Duplex - P P P - Dwelling, Multi-Family - P P - Pz SZ SZ SZ SZ SZ Dwelling,Single-Family P P P P P P P - Dwelling,Townhouse - P P - 10 Acre Minimum Z In a Business Building Table 1 1. 1 Public Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Cemetery S S S S S S S S - Religious Institution, Large S S S S S S S P P P P P S S Religious Institution,Small S S S S S S S P P P P P S S Philanthropic Institution S S S S S S S Hospital S - S S S S S S - P P P P Library - - P P P P P Nursing Home S S S S S S S P P College S S S S S S S P P P P P School - - P P P P P P [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 10.06.03 Commercial Uses Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Adult Daycare Facility - S S S S S S S S S S S S S Adult Oriented Uses - S S Advertising Agency - P P P P P Agricultural Implement Sales and Services S - S P Agricultural Uses P S - Amusement Park S S S S S Animal Hospital S - - S Antique Sales - S3 S3 S3 S3 - P P P P Appliance-Service - - P P Auction House P - P Automobile Rental - - P P P Automobile Repair - - P P P P Automobile Sales and Service/Open Sales Lot - - P P Bakery - P P P P S4 S4 Bank - - P P P P P Bed and Breakfast Inn S - S S S Billiard Parlor - - S P P P Boat Sales and Rental - S - P P P P Boat Storage - S - S S S S S S Bookkeeping Service - - P P P P P Bowling Alley - P P P Building Material Sales - P P 3 In Overlay 4 Appurtenant to Wholesale [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 0.0. 0 Commercial Uses Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 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 S S similar nature,ready mix batch plants,and asphalt manufacturing plants Campground S S - - - Car Wash - P P P P Carpet and Rug Cleaning - - - P P Catering Service - - P P Clothes-Pressing and Repair - - - P P P P Club/Lodge - - P P P P P S Commercial Feeding of Fish, Poultry, Livestock S - Commercial Laboratory - - P P P P P Community Center - S S S S S - P P P P S S Contractor Facilities with Outdoor Storage - - S S Contractor Offices - - - - P P Dance Hall - - P P P Daycare Facility - S S S S S S S S S S S S S Department Store - - - P P P Detective Agency - - P P P P P Dressmaker-Seamstress - - - P P P P Dry Cleaning Establishment - - - S P P P P Dry Cleaning Plant - - S S Employment Office - - - P P P P P Fertilizer Sales with Storage and Mixture S - - Furniture Repair and Refinishing - - - P P [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 0.0. 0 Commercial Uses Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Gasoline Service Station - - S S S S S Golf Course S S P P P P P P - - Golf Driving Range S S P P Grain Elevators and Storage P - - - Grocery Store - - P P P P Health Club or Gymnasium - - P P P Heavy Machinery and Equipment Rental - - - - - - P P Hotel/Motel - - P P P Interior Decorating Studio - - P P P Kennel S - - P P Locksmith - - - P P P Medical Clinic - - - P P P P P Microbrewery/Brew Pub - - - S S S S P P Motorcycle Sales and Service - - P P Nursery P - - - - P P Off-Track Betting(OTB) Establishments - - S Parks - P P P P P P P P P P P P Photograph Studio - - - P P P P Playground - P P P P P P P P P P P Professional Services - - P P P P P Radio and Television Studios - - P P P Recreation Center - P P P P P P P Recreational Camp-Private S - - - Recreational Vehicle Sales and Service - - P P [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 0.0. 0 Commercial Uses Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Repair of Household or Office Machinery or P P Equipment Restaurant - - P P P P Retail Store - - S P P P P S Roadside Stand P - - Salvage Yard S - - - - S Shoe and Hat Repair - - - P P P P Skating Rink - S P P Stadium S S - S S S S Swimming Pool- Indoor - S - - P P P P Tavern-Nightclub or Lounge - - S S S S S S Taxidermist - - - P P P Theater - - P P P Tourist Court/Home - S5 S5 - Trailer Camp/Park S - - P P P P Treatment Center - - P P P P Truck and Trailer Rental - S P Truck,truck tractor,truck trailer,car trailer or bus storage yard-not include motor freight - - - - P P terminal Upholstery Shop - - - P P Watch and Clock Sales and Repair - - - P P P Weaving and Mending-Custom - - - P P P 15 Room Maximum [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 1 1. 14 Industrial Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Any Manufacturing or Processing that can and does operate in compliance with - P P Performance Standards Bakery(Wholesale- Retail Component Special Use P P Newspaper Publishing - - P P Stone and Gravel Quarries - S Welding Shop S - - - P P Wholesaling and Warehousing- Local Cartage Express Facilities-not including _ _ p p motor freight terminal Table 10.06.05 Transportation Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Airport S - S S Bus or Truck Storage Yard - - P P Bus or Truck Garage or Streetcar House - - P P Marina - S - - S S S S S Motor Freight Terminals - - - S S Railroad Passenger Station S S S S S S S S S S S S S S Railroad Repair Shops, Maintenance Build- S - - - S ings and Switching Yards Taxicab Business - - P P S S [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 10.06.06 Utility Uses Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Communications Use S - Electric Substation S S S S S S S P P P P P P Filtration Plant S S S S S S S - P P Fire Station S S S S S S S P P P P P P P Police Station S S S S S S S P P P P P P P Public Utility- Electric substations and dis- tribution centers,gas regulation centers and S S - - - - P P underground gas holder stations Other Public Utility Facilities S P P P P P P P - - - - P P Radio and Television Towers-Commercial S P S S S S S S - - - - P P Sewage Treatment Plant - - S S S S S S - - P P Utility Company Maintenance Yard - - - - - - - - P P Utility Service Yard or Garage - - - - - - - - - P P Table 1 1. 1 Alternative Energy Uses Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Large Wind Energy System (Wind Farm) S S - S - Small Wind Energy System S S S S S S S S Rooftop Wind Energy System S S S S S S S S S S S S S S S Solar Farm S S - - S - - - Roof Mounted Solar Panels P P P P P P P P P P P P P P P Free Standing Solar Panels S S S S S S S S S S S S S S [ United City of Yorkville Zoning Ordinance ] Chapter 6: Permitted and Special Uses Table 0.0. 0: Miscellaneous Zoning Districts Use Category Ag Open Space Residential Business Manufacturing A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Accessory Building/Use P P P P P P P P P P P P P P P Planned Unit Development(PUD) S S S S S S S S S S S S S S [ United City of Yorkville Zoning Ordinance ] CHAPTER 7 Dimensional and Bulk Requirements Table -. Setbacks Minimum Lot Max.Lot Dwelling Unit Religious Institution Max. Zone Zoning District Maximum Density Size Minimum Lot Width Coverage Max.Height Max.Height Height F.A.R. Min.Front Min.Side' Min.Rear A-1 Agricultural - - - - 1001, 50' - 80'(100'for silos) 30' 45'structures/75'steeple s - OS Open Space - - - - 30' 10' 20' - - - - E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' - 45'structures/75'steeple s - R-1 Suburban Residential - 18,000 sqft 100' 25% 40' 15'(40') 50' 30' - 45'structures/75'steeple z - R-2 Traditional Residential - 12,000 sgft' 80" 20% 30' 10'(30') 40' 30' - 45'structures/75'steeple s - R-2D Duplex - 15,000 sgft3 100" 30% 30' 10'(30') 30' 30' - 45'structures/75'steeple s - R-3 Multi-Family Residential 5 per acre 9,000 sqft 70'(90'for attached units) 30% 30' 10'(20') 30' 80'(6 stories) 30'(2.5 stories) 45'structures/75'steeple s - (max.6 units per building) R-4 General Multi-Family 8 per acre 15,000 sqft 70'(90'for attached units) 30% 30' 12'or 60%of bldg hgt(20') 40' 80'(6 stories) 30'(2.5 stories) 45'structures/75'steeple s - 0 Office - 20,000 sqft - 50% 30' 10'(20') 20' 80'(6 stories) - 45'structures/75'steeple - B-1 Local Business - 10,000 sqft - 50% 30' 20' 20' 80'(6 stories) - 45'structures/75'steeple s - B-2 Retail Business - 10,000 sqft - 80% 0' 20'(30') 20' 80'(6 stories) - 45'structures/75'steeple s - B-3 General Business - 10,000 sqft - 50% 50' 20'(30') 20' 80'(6 stories) - 45'structures/75'steeple' - B-4 Service Business - 10,000 sqft - 50% 50' 20'(30') 20' 80'(6 stories) - 45'structures/75'steeple' - M-1 Limited Manufacturing - - - 60% 25' min 10%of lot and max.20' - - - 45'structures/75'steeple s .8 max M-2 General Manufacturing - - - 60% 25' min 10%of lot and max.20' - - - 45'structures/75'steeples .85 max Dimensions within()=requirement for side yards adjoining a street 2 200'along IL Rte.34 and IL Rte.47 Lots with private wells and/or private sewage minimum 1.5 acres and 150'width 4 Lots with private wells and/or private sewage minimum 1 acre and 125'width Steeple or apex of the highest point of a rooftop feature Note:For special uses refer to Zoning Ordinance [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 8 Planned Unit Development 10-8-1: Purpose and Intent Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as"Special Uses" under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council.The purpose of this chapter,therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings, than developments built in conformity with the underlying 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 is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as, but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths,sidewalks and/or alternative modes of transportation. E. Providing and or preserving 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 building materials,signage and way-finding standards as well as design elements.Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site ratherthan 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. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial [ United City of Yorkville Zoning Ordinance ) [ 1 ] Chapter 8: Planned Unit Development developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Provide/enhance regional public infrastructure such as roadways,water/sanitary service, storm water management objectives. 10-8-2: Authority A.The Plan Commission shall review and recommend approval,approval with modification or denial of applications for Planned Unit Developments.The City Council shall have final decision to approve, approve with modification, or deny applications for Planned Unit Developments. B.The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided,however, that the Off-Street Parking and Loading regulations set forth in Chapter 16 of this Title shall apply to all Planned Unit Developments. 10-8-3:Definition and Size Limitations A Planned Unit Development is 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 Unit Developments in manufacturing districts which shall be at least ten (10) acres in area. All land area within a Planned Unit Development must be contiguous; provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein,the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-8-4: Procedures for Establishment A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages.The approval process shall include the following stages: 1. Pre-Application Conference - Introductory meeting held with City staff as set forth in Section 10-8-5 of this Chapter. 2. Concept PUD Plan Review - An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-13-6 of this Chapter. 3. Preliminary PUD Plat - First, a technical review of detailed plans by various city departments at a Plan Council meeting is held; a public hearing is then conducted by the Plan Commission; and final determination is made by the City Council, as set forth in Section 10-13-7 of this Chapter. 4. Final PUD Plat -A public hearing is then conducted by the Plan Commission with final determination made by the City Council, as set forth in Section 10-13-8 of this Chapter. B.The final two(2)stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 8: Planned Unit Development concurrently, as determined by the Plan Council, based upon the following criteria: 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3. The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances,which include but are not limited to,the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-8-5: Pre-Application Conference A. Purpose The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1. Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit 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 pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff, but is at no charge to the petitioner. At such conference,the applicant shall provide information relating to the following: a.The location of the proposed Planned Unit Development; b.The land use types and approximate area of proposed land uses; c. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested; and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development,and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. 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) 10-8-6: Concept PUD Plan Review A. Purpose The presentation of a Concept PUD Plan is optional. The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 8: Planned Unit Development B. Procedure Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2.The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years.The aerial photograph exhibit shall be one-inch equals one-hundred (1" = 100) scale, but no less than one-inch equals four hundred (1" = 400) and shall include the following: a.Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. 4. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 5. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a.A description of all proposed land uses (including open space) with percentages of each use; b. Projected densities and housing type 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 and compatibility to the future land use designation for the property in the City's official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g. A list of requested exceptions to applicable city ordinances and codes. 6. A written description of general site information that should include, but shall not be limited to, the following, if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 7. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition,surrounding land uses and the proposed Planned Unit Development, and shall include the following: a. North arrow(true meridian), scale and date of preparation. b. Name and address of the site planner, or engineer who prepared the plan. [ United City of Yorkville Zoning Ordinance ] [4] Chapter 8: Planned Unit Development c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g. Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review The City Council 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 transportation plan, zoning ordinance, subdivision ordinance and land use planning 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 information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-8-7: Preliminary PUD Plat A. Purpose The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat, and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat 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 Plat approval.The applicant shall submit twenty(20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2.The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one- fourth (1/4) mile of property.The aerial photograph exhibit shall be one-inch equals one-hundred (1" = 100) scale, but no less than one-inch equals four hundred (1" =400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations.This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum, the [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 8: Planned Unit Development following information: a.Title notation stating"Preliminary Plat" or "Preliminary Plan". b. North arrow, scale (not less than 1 inch equals 100 feet) and date of preparation. c. Name and address of the site planner, engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. j. Site data, including, as applicable: 1) Current zoning classification. 2)Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks,trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7)Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre;gross and net residential density(dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development, if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height, the amount and location of common open space. 11) Minimum, maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 8: Planned Unit Development k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions; building footprints for all multi-family and single- family attached structures; and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. I. Existing zoning and land use of adjacent property within five hundred feet(500') of all sides of the site. m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements—location,width and purpose. q. Location of existing streets in, and adjacent to,the property including: street name, right-of-way width, existing and proposed center lines, pavement type, walks,trails, curbs, gutters, culverts, etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent(%%)along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (%%) showing a minimum of two foot (2') contours. Any land within the one hundred (100) year floodplain, as determined by the City Engineer or an outside consultant, shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the City Engineer or an outside consultant.This includes the location and results of tests made to subsurface soil,rock and groundwater conditions, depth to groundwater,unless test pits are dry at a depth of fifteen feet(15');location and results of a soil percolation test if individual sewage disposal systems are proposed. v.Water courses, marshes, rock outcrop,wooded areas, existing vegetation, isolated trees four inches(4")or more in diameter at breast height, existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces, drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa. Limits of jurisdictional and non-jurisdictional wetlands. bb. Any other data reasonably necessary to provide an accurate overview of the proposed development. [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 8: Planned Unit Development 7. 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. The landscape plan shall also depict permanent signs and street fixtures, and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan.The proposed plan shall illustrate 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, and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b. Preliminary stormwater report. c. Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner,which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. 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. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built,with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit.The unit shall be described and mapped on the project.Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, 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 to such taxing bodies which will be realized from each phase of development. Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3)Any major capital investments required, in part or in whole, by each taxing body due to the development; b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to,the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading [ United City of Yorkville Zoning Ordinance ] [8 ] Chapter 8: Planned Unit Development to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands,forests,aquifer recharge areas, historic buildings or structures, prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics,sales potentials,competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. 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 Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for developing the city. D. 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 Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council.The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a. Compatibility of the proposal with the recreation master plan and park development standards. b. Layout and organization of the open space system. c. Compliance with the city's land-cash ordinance for parks. 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 Plat. 10-8-8: Final PUD Plat A. Purpose A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas.The Final Plat shall also designate and limit the specific internal uses of buildings, structures,and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. 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 Final Planned Unit Development Plat approval.The applicant shall submit twenty(20) paper copies folded to fit in a 10"x 13" envelope and two (2) electronic copies of the following documentation: [ United City of Yorkville Zoning Ordinance j [ 9 ] Chapter 8: Planned Unit Development 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2.The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat.The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c)An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed,and a designation of the specific internal uses to which each building shall be put, including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h)Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. ii. Each stage as a separate unit.The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents:All common open space, at the discretion of the City Council, shall be: a)Conveyed to a city or public corporation,or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b)Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c)Such documents shall also provide that the city shall have the right, but not the obligation,to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually- owned property in the Planned Unit Development for the costs thereof. 5. Public and Quasi-Public Facilities—Guarantee of Performance:All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to, parks,schools, recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants, conditions and restrictions and/or homeowner association bylaws. [ United City of Yorkville Zoning Ordinance ] [ 10 ] Chapter 8: Planned Unit Development 7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole, or any part, of the property of the Planned Unit Development have been paid. 10-8-9: Amendments or Minor Revisions to PUD After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans, rather than by any other provisions of the zoning ordinance.Any changes, modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator, or designee, as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent (5%). ii.An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent (5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-8-11: Development Standards and Design Criteria. vi. Any significant changes in building layout, orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative(when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative (when applicable) with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i.The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10: Amendments of this Title. E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants,their successors,grantees and assigns and shall govern the development of the PUD, as set forth therein. [ United City of Yorkville Zoning Ordinance ] [ 11 ] Chapter 8: Planned Unit Development 10-8-10: Conditions for Approval The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4.The relationship and compatibility,beneficial or adverse,of the Planned Unit Development to the adjacent properties and nearby land uses. 5.The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6.The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 10-4-9 of this Title. 10-8-11: Development Standards and Design Criteria A. Purpose The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density 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 Special Use request. D. Use Regulations Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E.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. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than [ United City of Yorkville Zoning Ordinance ) [ 12 1 Chapter 8: Planned Unit Development 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 unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria:All standards of the United City of Yorkville Design Guidelines(Ord.2009-28)and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-8-12: 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 filed 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) 10-8-13: 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 on this chapter. (Ord. 2006-40, 5-23-2006) 10-8-14: Effective Period of Planned Unit Development A. The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve (12) months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three (3)years from the date of approval of the Final Plat of a Planned Unit Development. 3.The City Council may extend the time limits for Final Plat approval for no more than two (2) 12-month periods. Commencement for construction may also be extended by the City Council in one (1) year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development.The owner shall be notified, in writing, at least thirty(30) days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area, state or region; d.The ability and purposefulness of development operations for the Planned Unit Development; and [ United City of Yorkville Zoning Ordinance ] [ 13 ] Chapter 8: Planned Unit Development e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-8-14-C, the City Council shall decide whether: a.To revoke those portions of the Planned Unit Development for which construction has not begun; b.To extend the time allotted for construction to commence based upon a revised schedule of construction, or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a "major change"to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-8-15: Effective Date This ordinance shall be in full force and effective immediately after passage,approval and publication in bookform according to law, and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, S-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. [ United City of Yorkville Zoning Ordinance ] [ 14] CHAPTER I I Residential Districts Article B. R-1 , Single Family Traditional Residence District 10-1113-1 Purpose and Intents The R-1 Single Family Suburban Residence zoning designation is intended to create a spacious suburban residential neighborhood environment V, on parcels of at least 18,000 square feet. To protect the character of the district, permitted uses are limited to single-family detached housing yet accommodate other compatible and complimentary cultural, religious, educational and public uses. 10-1113-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this I . district shall be approved in accordance with Section 10-4-9 of this Title. 10-1113-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or _- enlarged on property within this district shall comply with the dimensional -- _ and bulk regulations in Chapter 7 of this Title. r 18,000 Square Rack Minimum fi [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER I I Residential Districts Article D. R-2 Duplex, Two-Family Attached Residence District 10-11D-1 Purpose and Intent The R-2 Duplex, Two-Family Attached Residence zoning designation is intended for moderate density duplex dwelling structures on lots of at ' least 15,000 square feet. This district is primarily located off of a major thoroughfare or as a transitional land use adjacent to single-family iV residences.Therefore,the R-2 Duplex district is intended to accommodate single-family attached dwelling structures of a size and character that - is compatible with the surrounding single-family detached residential V districts and adjacent to commercial, office and retail space. 10-11D-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11D-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional - and bulk regulations in Chapter 7 of this Title. 15,000 Square Foot Minimum ti G [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER I I Residential Districts Article E. R-3, Multi-Family Attached Residence District 10-11E-1 Purpose and Intent The R-3, Multi-Family Attached Residence zoning designation is intended for moderate density dwelling structures on lots of at least 9,000 square feet and a maximum density of five (5) units per acre or six (6) units per 1111111111K. building.This district also accommodates a roadway wide enough to park on both sides of the street. 10-11E-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this rt� m i NBI district shall be approved in accordance with Section 10-4-9 of this Title. 10-11E-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. 9,000 Square Minimum [ United City of Yorkville Zoning Ordinance ] [ 1] CHAPTER I I Residential Districts Article F. R-4, General Multi-Family Residence District 10-11F-1 Purpose and Intent The R-4, General Multi-Family Residence zoning designation is intended for moderate-to-high density dwelling structures on lots of at least - 15,000 square feet and a maximum density of eight (8) units per acre. _ This district is suitable for creating a transition between the business/ ;IIIIIIII X11°°� _ commercial uses and the surrounding lower density residence uses. This =11 ■� district may accommodate other compatible and complimentary cultural, ,', I!��Illlllllu @III religious, educational and public uses. 10-11F-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. �' ®•••• '' , �"� Illllllli•iilllllllllllll IIIIIIIIIIIIIII Iliiililll� �' It°� 10-11F-3 Dimensional and Bulk Requirements ICI • ' y An building, or a IIIIIIIIIIIIIIIIIIIIIN IIIIIIIIII Any g, apparatus constructed erected altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. - -- 1 15,000 Square Foot Minimum G 4. [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 12 Business Districts Article A. O, Office District 10-12A-1 Purpose and Intent I =L The O Office District zoning designation is intended to provide for the -- location of professional offices, research and development facilities, and - ='1 other related uses on parcels of at least 20,000 square feet. In addition, = - if -; a mix of limited retail and service uses may be allowed to support other uses within the zone. The O Office District zone may be used as I a transitional zone between residential and more intensive commercial - and manufacturing districts. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. son 10-12A-2 Permitted and Special Uses son No building, structure, or parcel of land shall be used, erected, altered or �( ■'� enlarged for any use other than the uses identified as permitted or special J — uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. ,y 10-12A-3 Dimensional and Bulk Requirements — - --_ Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional ; 3 � 'a and bulk regulations in Chapter 7 of this Title. 20,000 Square Foot Minimum lk �o v� 4°r J [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 12 Business Districts Article B. B-1 , Local Business District 10-1213-1 Purpose and Intent -- _ - The B-1 Local Business District zoning designation is intended for the location of commercial and professional facilities that are especially useful in close proximity to residential areas. The district is designed to provide convenient shopping and services that meet the needs and enhances the quality of life for surrounding residential neighborhoods. This district also jar encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. 10-1213-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or 4 enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. ;;; 10-1213-3 Dimensional and Bulk Requirements �� ■ Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. ■ INN 10,000 Square Foot Minimum a� �. Tr [ United City of Yorkville Zoning Ordinance ] [ 1] CHAPTER 12 Business Districts Article C. B-2, Retail Business District 10-12C-1 Purpose and Intent The B-2 Retail Business District zoning designation is intended for the location of retail shops and stores offering goods to the population. Buildings in this district are allowed to build on a majority of the lot with diminished setbacks. This allows shops and stores to maximize retail space while supporting a pedestrian friendly environment in retail shopping areas. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. 10-12C-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 1 °° 10-12C-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. 10,000 Square Foot Minimum f SOS [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 12 Business Districts Article D. B-3, General Business District 10-12D-1 Purpose and Intent The B-3 General Business District zoning designation is intended for the location of a broad range of commercial uses, including small scale and large scale businesses. These uses are usually oriented toward automobile access and visibility; therefore they are typically set along major arterial roads. The businesses in this district are meant to serve regional as well as local customers. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. awy 10-12D-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12D-3 Dimensional and Bulk Requirements _ Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. 10,000 Square Foot Minimum SQ �� [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 12 Business Districts Article E. B-4, Service Business District 10-12E-1 Purpose and Intent The B-4 Service Business District zoning designation is intended �- -_-- for the location of a variety of service based commercial uses. These businesses focus on providing residents with services on a local level. �- 10-12E-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12E-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, w altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. `— 10,000 Square Foot Minimum 1p [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 13 Manufacturing Districts Article A. M-1 , Limited Manufacturing District 10-13A-1 Purpose and Intent The M-1 Limited Manufacturing District zoning designation is intended to provide for the location of manufacturing, industrial and related uses of a limited nature in size that will not have a harmful environmental effect on surrounding areas. Industries within this district are expected to follow the Performance Standards in accordance with (Next Chapter) of - i this Title. The following of these standards will produce an environment suitable for industrial activities that will be pleasant and compatible with adjacent residential and business uses. 10-13A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special F uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. �u 10-13A-3 Dimensional and Bulk Requirements _ Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional ,Wt and bulk regulations in Chapter 7 of this Title. �f [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 13 Manufacturing Districts Article B. M-2, General Manufacturing District 10-1313-1 Purpose and Intent The M-2 General Manufacturing District zoning designation is intended to provide for the location of manufacturing, industrial and related uses in a less restrictive nature than the M-1 Limited Manufacturing District. The district is designed to accommodate industrial activities that have moderate environmental effects but are located in relatively remote areas as to not conflict with residential and business uses. Industries within this ' district are expected to follow the Performance Standards in accordance with (Next Chapter) of this Title. Following these standards will create fewer problems of compatibility with adjacent properties. 10-1313-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-1313-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. s� �s off'` [ United City of Yorkville Zoning Ordinance ] [ 1] CHAPTER 15 Non-Conforming Buildings, Structures and Uses 10-15-1: Continuance of Uses and Structures A.Any lawfully established use of building or land on March 28,1974,including any use which is rendered nonconforming by a subsequent amendment to this Title,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 subject to the provisions of this Chapter. B.Any lawfully established building or structure on March 28, 1974,including any building or structure which is rendered nonconforming by a subsequent amendment to this Title, that does not conform to the regulations for the district in which it is located shall be deemed to be a legal nonconforming building or structure and may be continued in use subject to the provisions of this Chapter. 10-15-2: Noncomforming Uses A. Relocation A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it relocates. B. Change in Use A nonconforming use of land shall not be changed to any other use except to a land use, specifically enumerated in the list of permitted uses for the zoning district in which the land is located. 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. C. Expansion A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to, the following: 1. A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure shall not be expanded or extended to any land area not occupied by such nonconforming use. 2. A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure. D.Abandonment A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows: 1.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. 2. Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code. 3.Where no building or structure is involved,discontinuance of a nonconforming use for a period of six(6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 3: General Zoning Provisions 10-15-3: NONCONFORMING STRUCTURES A. Relocation A nonconforming structure shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming structure complies with all of the provisions of this Code. B. Maintenance, repair, alteration and enlargement: 1. A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired, not including structural alterations, subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the nonconforming use. 2. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations: a. When the alteration is required by law, or b. When the alteration will actually result in elimination of the nonconforming use, or c. 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. 3. A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in which it is located may be maintained, repaired,altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this Code. C. Damage and destruction: 1. 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 fair-market value prior to such damage, the building or other structure can be rebuilt or used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in which it is located. 2. In the event the damage or destruction is less than fifty percent(50%) of its market value,the building or structure may then be restored to its original condition and the occupancy or use of such building or structure may be continued which existed at the time of such partial destruction. 3. 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 completed within twenty-four(24) months. 4. The methodology for determining the extent of damage with regard to fair-market value shall be as recommended by the Community Development Director and approved by the City Administrator. 10-15-4: Elimination of Non-Conforming Buildings, Structures and Uses The period of time during which the following nonconforming uses, buildings, or structures may continue or remain nonconforming shall be limited from March 28, 1974 or when any use, building or structure is rendered nonconforming by a subsequent amendment to this Title. Every such nonconforming use, building or structure shall be completely eliminated or 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 five (5)years. [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 3: General Zoning Provisions 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. In all residence districts uses 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: Table 10.15.01 Amortization Periods Description of Use Amortization Period Uses permitted in the B-2 and B-3 Districts 15 Years Uses permitted only in the manufacturing districts 15 Years F. Extensions: Requests for extensions to the elimination period may be sought before the City Council. In no case shall an extension be granted for a period longer than two (2)years. 10-15-5: 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 10-15-4 and 10-15-3.13 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; 4. Off-street parking and loading; 5. Lot area; 6. Building height; 7. Gross floor area. [ United City of Yorkville Zoning Ordinance ] [ 3 ]