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Zoning Commission Packet 2014 02-26-14 1�0 C/,.-, United City of Yorkville ' 'n 800 Game Farm Road EST -� 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 O Fax: 630-553-7575 C-" ALE AGENDA ZONING COMMISSION MEETING Wednesday, February 26, 2014 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of January 22, 2014 meeting minutes 5. Old Business: a) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 19: Alternative Energy Systems b) Review and Commentary of Previously Approved Revised Zoning Chapters • Chapter 1 thru 20 6. Adjournment 7. Next meeting date: TBD ZONING COMMISSION MEETING Wednesday, January 22, 2014 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 7:05 p.m. by Mr. Baker and he welcomed everyone. Roll Call Roll call was taken; a quorum was established. Committee Members in Attendance Greg Millen Phil Haugen Gary Neyer Jeff Baker City Officials in Attendance Krysti Barksdale-Noble - Community Development Director Chris Heinen—Planner Jeff Weckbach—Administrative Intern Citizen's Comments There were no citizens in attendance. Previous Minutes Mr. Baker asked for a motion to approve the December 18, 2013 minutes. Mr. Baker asked if there was any discussion on the motions; hearing none, he asked for approval by saying, "Aye." It was unanimous and the minutes were approved by the committee. Before beginning Old Business, Mr. Baker asked Mr. Steve Reddington of Advanced Alternative Energy Products Co. to give his presentation on renewable energy. In 2010, Lake County came out with a `really good,' comprehensive zoning ordinance that they use for all the suburbs up in that area. For example, it was broken down into small, medium and large wind turbines. Mr. Reddington asked if there were any questions before the presentation and Ms.Noble asked about affordability for residential and industrial. He said the national average rate for energy is approximately 6%per year. Financial incentives for both customers and individuals include a 30% federal tax credit. There is also a 25% State of Illinois rebate from DCEO (Department of Commerce Economic Opportunity). Then there's a third thing for solar only(not wind) called Solar Renewable Energy(SREC) credits. There's a possibility higher SREC credits will replace the 25%rebate—but that has not yet been determined. Ms. Noble asked if these credits are taxable when sold and Mr. Reddington did not know,but will find out and let her know. He told the commission he just found today, in writing, that Illinois law prohibits Home Owner Associations (or common interest communities associations) from preventing homeowners from using or installing solar energy systems. Where they go can be restricted,but they cannot be prohibited. Mr. Millen asked about grants for not-for-profits. Mr. Reddington said grant applications must now come from the client. Ms. Noble asked about maintenance on solar and Mr. Reddington said it was very little. Maintenance on wind turbine only requires them checking on the bolts every year or so. There's really very little maintenance you have to do for solar. Once it's up, it's up. Ms. Noble then asked if they could they go over some of the comments from staff for answers? As far as complaints, (B. Decommissioning Plan that was included in the model Lake Forest plan in the packet), would they need to contact him to come back out? Mr. Reddington stated it didn't matter if it was them or anybody else, they would just have to take it down within 60 days (usually) of when something is deemed to be hazardous. Ms. Noble then asked, "If the property was abandoned, what cost to the city are they looking at to de-commission a system?" Mr. Reddington said it really depended on how big the wind turbine is because they make several different sizes of turbines. The bigger the turbine, the bigger the crane would be needed to take it down. He said the only time you would have to take it down would be due to blade failure,which is seldom. She continued that a typical set-back was 15 feet for the BWES (Building-Mounted Wind Energy System), what would be a good standard? He answered 110%. Ms. Noble asked if they were to allow wind turbines on roof tops,what height clearance would be necessary? He answered a lot of people will say they don't want it any more than 25' over the top of the roof(top of actual turbine to peak of roof). Mr. Heinen asked if there were other requirements (FAA). Mr. Reddington said unless you're in the direct flight path of a plane, there shouldn't be a problem. Ms. Noble if you needed to get into lights at a certain height? Mr. Reddington said a separate pole with a light on top would suffice. Sound(decibel) levels are not an issue. Db (air conditioner) is what most municipalities use. Ms.Noble asked about shadow flicker and Mr. Reddington said that would only for the big turbines. There are three classifications in the Lake County sample; Home (DIY) -up to 500 watts with no weight concerns. Usually, the 1-10 kwt is used for residential and small commercial. Ms. Noble then asked about color and sun glare? Mr. Reddington said white is usually used—or, for commercial purposes, company colors. When Ms. Noble asked about possible electronic interference (home occupations), Mr. Reddington said the inverter cleans it all up. When asked about climb prevention on ground mounts, Mr. Reddington said when used for commercial purposes, they usually put fence around it. They install ground mounts at least 5' off the ground Ms. Noble wanted to know if Mr. Reddington sees lighting as another aspect of solar and he did not. He also told the commission that said there's another rule in Illinois that says if you install solar or wind and it increases the value of your house, the "Taxman" cannot come out and re-assess your house and raise your taxes because of the solar or wind. Anything that is `green energy' doesn't count as raising your taxes. When asked if it requires coordinating with any other agencies (fire,police), Mr. Reddington told the group that Naperville passed a rule that says you have to have a disconnect outside of the building. Ms. Noble asked if it required approval from the electric utility. Mr. Reddington said only for the net metering agreement (which is the agreement where they pay you the money back)they will come out and actually inspect everything for you. They usually have local inspectors come out and make sure that there are sufficient clearances. When Ms. Noble asked about soil studies, he said the only thing they have to do is when they install a foundation for the wind turbine, they have a thing called the "stark foundation"that actually augers down into the ground. Otherwise, cement foundations should be fine. When asked about wildlife issues, Mr. Reddington said that verticles seem to be better than horizontals because the birds can `steer' around them. Ms. Noble referred to a 2007 IDNR report on possible impact on wind energy on IL birds and bats that confirmed his information. That completed Ms. Noble's staff questions and she asked the commissioners if they had any other questions. Mr. Millen asked about the grant money for HOA or business associations if they were considered `not for profit?' Mr. Reddington said it depended on how they structured the `business.' Ms. Noble said the 5016 would dictate that. Mr. Neyer asked, "On a residential scale, would three-tower heights be appropriate for a single-family residence?" Mr. Reddington said a 42' is usually used. Mr. Neyer also asked how many square feet was in the 5kwt system. Mr. Reddington said each panel is 3.5' x 5.5'. Ms. Noble asked if you need to clean the panels and Mr. Reddington said not really, but you can spray your garden hose over them. You should not `clean' them or they could scratch. As far as snow, you will get snow on the solar panels, but it will melt. Ms. Noble said staff would go through the model ordinance and pull out things that aren't related to what the city wants to do and `re-engineer' it and bring it back to the committee at the next meeting on February 26, 2014. Mr. Baker if anyone had any other questions for Mr. Reddington; they did not. Mr. Reddington told Ms. Noble he would email her the presentation and pertinent links. Mr. Baker then asked Ms.Noble about Old Business -Chapter 20: Sign Review - Ms. Noble said she had one change on Section 10.20.5, Political signs—she took out the last sentence that referred to a time limitation because they cannot do that anymore due to State law. She also corrected sections in the Business and Manufacturing district to allow ground-mounted signs to be 12' in height instead of 8'. Mr. Baker asked if anyone had anything else to bring to the table; hearing none he called for an adjournment. It was called, seconded and unanimously accepted and the meeting adjourned at 8:16 p.m. Minutes respectfully submitted by: Bonnie Olsem, Administrative Secretary Chapter 19 Alternative Energy Systems 10-19-1: Purpose The purpose of this Chapter is to regulate alternative energy systems and to promote their effective and efficient use. The regulations are intended to achieve the following: A. Provide zoning regulations to guide the installation and operation of renewable energy systems; B. Accommodate sustainable energy production from renewable energy sources; C. Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and general welfare. 10-19-2: General Requirements Applicability: The provisions of this chapter are to establish zoning parameters by which Solar and Wind Energy Systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City. Approval Process: All Alternative Energy Systems shall require a building permit prior to installation. Installation of Alternative Energy Systems may require a Special Use Permit; refer to Table 10.06.07 in Chapter 6 of the Zoning Ordinance. Standards for Granting a Special Use: A. The City Council shall determine that the application has met all of the general requirements of this chapter. B. The proposed energy system shall further the intent of this Chapter and provide renewable energy to the property on which it is proposed. C. The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. D. The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. Use: Alternative Energy Systems shall be an accessory to the principal permitted use of a site. Abandoned Systems: All Alternative Energy Systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice,the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance. Signage: No commercial signage or attention-getting device is permitted on any Alternative Energy System. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed four (4) square feet in size and should be readable from a thirty (30) foot distance from any direction. Utility Service Provider: Evidence that the electric utility service provider that serves the proposed site has been notified of the owner's intent to install an interconnected customer-owned electricity generator. Safety: All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation. Lighting: All Alternative Energy Systems shall not be illuminated, except as required by the FAA. [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades cast by the sun passing though the rotating turbine. No habitable portion of an existing adjacent structure shall be subject to Shadow Flicker from a wind turbine. Shadow Flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If Shadow Flicker occurs, the operation of the wind turbine shall cease during those times which cause the Shadow Flicker. Screening: There shall be no required mechanical screening for Alternative Energy Systems. Design: Wind energy systems and associated tower shall be a non-reflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding properties. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. Building Code/Safety Standards: Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. 10-19-3: Freestanding Wind Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Clearance In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15)feet. See Figure 10-19-3A N ind Turbine Wind Total System Height turbine Total System[[eight e+ e c 'a FE Clearance 2 Setback Setback Grade Figure 10-19-3A [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems Permitted Yard Locations Freestanding wind energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage,water, sewer, or other type of public easement. Setbacks The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trials, public rights-of-way, and other freestanding wind energy systems.Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district. Access Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. Noise Freestanding wind energy systems shall not exceed the following: A. Fifty-five (55) dBA when in or adjacent to all residential districts. B. Sixty(60) dBA when in or adjacent to all non-residential districts. 10-19-4: Building Mounted Wind Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Building mounted wind energy systems are allowed on all principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof. Quantity One (1) turbine is allowed for every 500 square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation. Noise Building mounted wind energy systems shall not exceed the following: A. Fifty-five (55) dBA when in or adjacent to all residential districts. B. Sixty(60) dBA when in or adjacent to all non-residential districts. Height The maximum height for a building mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches 10:12 or greater. They system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 10-19-4A. [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems Extension Maximaint above Highest ]eight Rear Peak. Figure 10-19-4A 10-19-5: Freestanding Solar Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Setbacks All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines. Permitted Yard Locations Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. Clearance Minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten (10)feet. Refer to Figure 10-19-5A. Panel Area i�la�trr�un� 1Ieight C"Ic ar.tnce ( irade L AWL Figure 10-19-SA [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems 10-19-6: Building Mounted Solar Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Building mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met: A. Solar access is optimized on the front and exterior side facades. B. Systems are simultaneously used to shade the structure's doors or windows. See Figure 10-19-61-1 Height Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four(4) feet parallel to the roof surface of a flat roof. If the system is flush mounted, the system must be less than four(4) inches from the roof surface. Refer to Figure 10-19-6A. Extension above Highest Roof Pct syslem Flush with Roof Maximum Haight I'arahci Roof Surfacc 1 Figure 10-19-6A Quantity The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached. Projection The system may project up to four (4) feet from a building fagade or roof edge. The system may project into an interior side or interior rear setback, but shall be no closer than five (5) feet to the interior side or interior rear property line. Refer to Figure 10-19-6F. Maximum Projection r — ' r 1 (1— Panel ` J Proiecting from the Side Facade l r>:f 6- - — J Figure 10-19-6F Figure 10-19-6H [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems 10-19-7: Permitting and Fees Permitting: A. The installation of any alternative energy system requires a building permit from the United City of Yorkville. B. In order to receive permit, alternative energy systems must be approved by an alternative energy certification program. C. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. D. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the alternative energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the alternative energy system to be in compliance with this chapter; or c. Determine the system abandoned per section 10-19-2. Fees: A. If applicable, alternative energy systems will be subject to the fee schedule for special use applications as defined by Section 1-7-9 of this title. Said fee will be payable per alternative energy system at the time of the application submittal by the petitioner. B. In addition, alternative energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee.The permit fee will be payable at the time of the application submittal by the petitioner. [ United City of Yorkville Zoning Ordinance, Page#] 7"V . �� •� . United of . Yorkvmllle Zoning . IL � . yam: ' © jar AbOK jr - 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 2 Planned Unit Development 10-2-1: General In the construction of this Title, the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2: Rules A. Words used in the present tense shall include the future;words used in the singular number shall include the plural number, and the plural the singular. B.The word "shall" is mandatory and not discretionary. C.The word "may" is permissive. D.The word "lot" shall include the words "plot", "piece", "parcel";; and the phrase "used for" shall include the phrase "arranged for", "designed for", "intended for", "maintained for", and "occupied for". E. All measured distances shall be expressed in feet, unless otherwise indicated, and shall be calculated to the next integral foot. F. If any calculation results in a fraction,the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoning ordinance, the provisions that are expressed in the text shall apply. H. Words or terms contained in this Title which are not defined hereinafter, shall assume definitions as prescribed in the most current edition of the Merriam-Webster unabridged dictionary. 10-2-3: Definitions The following words and terms, wherever they occur in this Title, shall be interpreted as herein defined. ABUTTING: To have a common property line or zoning district. ACCESSORY BUILDING or USE: An "accessory building or use" is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area, extent or purpose to the principal building or principal use served. 3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE: A measure of land containing forty three thousand five hundred sixty(43,560) square feet. ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted. AGRICULTURAL SALES AND SERVICE: A use primarily engaged in sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies and farm machinery repair services that are accessory to the principal use. AGRICULTURAL USE:The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or feeding (including grazing), breeding managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticultural use, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 8: Planned Unit Development purpose of obtaining a profit by stabling or training equines including, but not limited to, providing riding lessons,training clinics and schooling shows. AIRPORT:Any area of land designated, set aside, used, or intended for use,for the landing and take-off of aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities, approach zones. ALCOHOLIC BEVERAGE: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property. AMUSEMENT PARK:A commercially operated facility which may include structures and buildings,with a predominance of outdoor games and activities for entertainment, including motorized rides, water slides, miniature golf, batting cages and the like. ANIMAL HOSPITAL: Any building, or portion thereof, designed or used for the care, observation or treatment of domestic animals.ANTIQUE SALES:A building or areas within a building to provide space for the sale of antiques by antique dealers, for items such as clocks, lamps, clothing, rugs, toys, furniture, and the like. AUTOMOBILE REPAIR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body,frame or fender straightening or repair and painting of vehicles. Incidental repairs, replacement of parts, and motor service to automobiles. AUTOMOBILE RENTAL: Leasing or renting of automobiles, motorcycles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease.This definition excludes truck and trailer rental. AUCTION HOUSE: A structure, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. BAKERY, RETAIL: An establishment primarily engaged in the retail sale of baked products. The products may be prepared either on or off site. BAKERY, WHOLESALE: A bakery in which there is permitted the production and/or wholesaling of baked goods, excluding Retail Bakery. BASEMENT: That portion of a building that is partly or completely below grade. BANK:A building for the custody,loan,or exchange of money,for the extension of credit and for facilitating the transmission of funds. This definition includes credit unions, savings and loan facilities, payday loans, personal loan agencies and pawnshops. BED AND BREAKFAST INN (B&B): A private, owner/operator occupied residence with guest rooms, providing overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn is operated primarily as a business. BILLIARD PARLOR: A business establishment for a principal use as a billiard facility. BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum 6 feet in height. BOWLING ALLEY:A business establishment with a principal use forthe sport often-pin bowlingwhich may include incidental food services. [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 2: Planned Unit Development BREW PUB: see Microbrewery BUFFER: A strip of land, including landscaping, berms, walls, and fences, that is located between land uses of different character and is intended to physically and visually separate one use area from another. BUILDABLE AREA: The space remaining on a building lot after the minimum yard requirements of this title have been complied with. BUILDING:Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. BUILDING,COMPLETELY ENCLOSED:A building separated on all sides from the adjacent open space,or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. BUILDING, DETACHED:A building surrounded by open space on the same zoning lot. BUILDING, HEIGHT:The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building. BUILDING, INSPECTOR:The designated city official responsible for inspecting buildings within the city. BUILDING, LINE: A line or lines, including the building setback line, on the horizontal surface of a lot, parallel to the front, side and rear lot lines, and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title. BUILDING, MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures. BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot,and minimum required usable open space for the district in which such building is located. BUILDING, PRINCIPAL: A non-accessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING, SETBACK LINE: A line parallel to the street line of a distance from it, regulated by the front yard requirements set up in this Title. BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed. BULK: The term used to describe the size and mutual relationships of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center lines of the streets, to other walls of the same buildings, and to other buildings or structures, and to all open spaces relating to the building or structure. BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CAMPGROUND: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles,travel trailers, and/or tents. CARPORT: An automobile shelter with two (2) or more sides open. CAR WASH:A building or portion thereof containing facilities for washing more than two(2)motor vehicles,using production [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 8: Planned Unit Development line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. Coin-operated devices operated on a self-service basis shall be construed to be the same. CEMETERY: Land used or dedicated to the interment of human or animal remains or cremated remains, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operating within the boundary of such cemetery. CITY:The United City of Yorkville or the City of Yorkville. CITY COUNCIL:The City Council of the City of Yorkville. CLUB or LODGE, PRIVATE: A for-profit or nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building, or portion thereof,the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available.The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable local, Federal and State laws, and County ordinances. COLLEGE: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate, baccalaureate, or higher degrees. COMMERCIAL FEEDING: A land use or facility used for the confined feeding operation for fish, poultry, swine or livestock. COMMUNITY CENTER:A building or structure used as a place of meeting,recreation or social activity,generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE: A building or structure which: A. Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located; and B. Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. CONTRACTOR OFFICES:A building used for conducting contracting business that does not use any exterior storage area. COURT: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street,the "curb level" shall be the average of the levels of the curbs at the center of the front of each street.Where no curb elevation has been established,the mean level of the land immediately adjacent to the building shall be considered the "curb level". DANCE HALL:A place of assembly, open to the public and operated for profit,where dances, parties, receptions and other gatherings are held. DATUM POINT: Any reference point of known or assumed coordinates from which calculation or measurements may be taken. DAYCARE, IN-HOME: means any in-home child care service licensed by the State Department of Children and Family Services (DCFS) which regularly provides care for less than 24 hours per day for more than (3) and up to a maximum of twelve (12) children under the age of twelve(12) in a family home.The term does not include facilities which receive only [ United City of Yorkville Zoning Ordinance ] [4] Chapter 2: Planned Unit Development children from a single household. (225 ILCS 10, Sec. 2.09) DAYCARE FACILITY: means any child care facility licensed by the State Department of Children and Family Services (DCFS) which regularly provides day care for less than 24 hours per day for more than three (3) children under the age of twelve (12) in a facility other than a family home. (225 ILCS 10, Sec. 2.09) DAYCARE FACILITY, ADULT: means any facility, public or private, regulated by the State of Illinois in accordance with the Older Adult Services Act which provides care for less than 24 hours per day for older adults (seniors) such as nutritious meals, planned program of activities, and social and health related services. DAYCARE FACILITY, PART DAY: means any facility licensed by the State Department of Children and Family Services (DCFS) and which is conducted by a church,religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to 10 hours per seven day week. Any facility which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours in any given day during the 7 day week. Any facility which provides intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver per 20 children. (225 ILCS 10, Sec. 2.09) DAYCARE HOME, GROUP: means any in-home child care service licensed by the State Department of Children and Family Services (DCFS)which regularly provides care for less than 24 hours per day for more than three (3) and up to a maximum of sixteen (16)children under the age of twelve(12) in a family home.The number of children allowed includes the family's natural or adopted children and all other person under the age of twelve (12). (225 ILCS 10. Sec. 2.09) DECIBEL (dB): A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels". DENSITY, GROSS: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site,to include streets, schools, parks, etc., expressed as dwelling units per acre. DENSITY, NET: A ratio of the total number of dwelling units on a site, divided by the number of acres used exclusively for a residential-type acreage not to include schools, parks, streets, etc., expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT (Earth): The amplitude or intensity of an earthborn vibration measured in inches. The displacement or amplitude is one-half(1/2)the total earth movement. DISTRICT:A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-THROUGH SERVICE ESTABLISHMENT: a business or establishment which provides all or some of its services through a building opening or window to its patrons who remain in their vehicles. DRIVEWAY: a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a parking space, garage, dwelling or other structure. DRY CLEANING ESTABLISHMENT:An establishment or business maintained for the pickup and delivery of dry cleaning and/ or laundry without the operation of any laundry or dry-cleaning equipment or machinery on the premises. DRY CLEANING PLANT: A building, portion of a building or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or my immersions only, in cleaning solvents including but not limited to non-flammable solvents and/or Class I and above combustible liquid solvents. DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including single-family dwelling units, duplex dwelling units, townhomes and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses. DWELLING, DUPLEX: A building designed or altered to provide dwelling units for occupancy by two (2) families within a single structure on separate lots, each of which having independent living quarters with direct access to the outside. [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 8: Planned Unit Development DWELLING GROUP:A group of two or more single-family,duplex,townhome and/or multiple family dwellings occupying a parcel of land under a single ownership and having a yard or court in common, excluding hotels and motels. DWELLING, MULTIPLE-FAMILY:A building or portion thereof,designed or altered for occupancy by two(2)or more families living independently of each other within a single or attached structure on one lot, which may or may not share common entrances or other spaces and includes apartments, group homes, and condominiums. DWELLING,SINGLE-FAMILY:A dwelling unit designed exclusively for use and occupancy by one(1)family which is detached from any other dwelling unit and surrounded on all sides by open space on the same lot. DWELLING, TOWNHOUSE: A single-family dwelling unit constructed in a group of three (3) or more attached units on separate lots in which each unit extends from foundation to roof and with a yard or public way on at least two sides. DWELLING UNIT:A single unit providing complete independent living facilities for one or more persons,including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove, directly off the principal room. EQUIVALENT OPACITY: The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray. ERECT:The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT, BUSINESS: A separate place of business having the following three (3) characteristics: A. The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. B. Direct public access to such "business establishment" is separate and distinct from direct access to any other "business establishment". C. There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another,they shall then be considered as a single "business establishment"for the purpose of this title. FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household. FENCE:A structure,including gates,or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE,OPEN:A fence which has over its entirety at least fifty percent(50%)of the surface area in open space as viewed at right angles from the fence; except, that the required open space in louver type fences may be viewed from any angle. FENCE, SOLID: A fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it. FLOORAREA,GROSS(For Determining Floor Area Ratio):The sum of the gross horizontal areas ofthe several floors,including also the basement floor of a building, measured from the exterior faces of the exterior walls or from the centerlines of walls separating two (2) buildings.The "floor area" shall also include the horizontal areas on each floor devoted to: A. Elevator shafts and stairwells. [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 2: Planned Unit Development B. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers. C. Habitable attic space as permitted by the building code of the city4. D. Interior balconies and mezzanines. E. Enclosed porches. F. Accessory uses. The "floor area" of structures used for bulk storage of materials, i.e.,grain elevators and petroleum tanks, shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet (10') of structure height and if such structure measures less than ten feet (10') but not less than five feet (5') over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off street parking and off street loading facilities shall not be included in the "floor area". "Floor area" when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA, RATIO:The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot. FLOOR AREA, LIVABLE:Any floor area within outside walls of a residential building exclusive of areas in, basements, lookout basements, unfinished attics, garages, open porches and accessory buildings, but including any area "roughed in" but not completed which is designed and intended for human occupancy. FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot (1') distant from a uniform point source of one candlepower. FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface.A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot (1') distant over one square foot has a brightness of one foot-lambert. FREQUENCY:The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound. GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses or motor coaches used in public transportation, excluding school buses. GARAGE, PRIVATE:An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises,and in which no business,service or industry connected directly or indirectly with automotive vehicles is carried on; provided, that not more than one-half (1/2)of the space may be rented for the private vehicles of persons not resident on the premises;except,that all the space in a garage of one or two(2) car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five (5) tons. GASOLINE SERVICE STATION:A place where gasoline,stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and the services of automobiles, mechanical or manual washing of automobiles, but not including major automobile repairs. Gasoline service stations shall not include sale or storage of automobiles or trailers (new or used). GOLF COURSE:A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related retail sales, restaurant, golf driving range but excluding miniature golf. GOLF DRIVING RANGE:An area equipped with distance markers, clubs, balls and tees for practicing golf drives and putting which may include incidental retail sales and food services, but excludes miniature golf. [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 8: Planned Unit Development GRADE:The established grade of the street or sidewalk.Where no such grade has been established,the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions, as determined by the director of public works, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products. GROUP HOME: A single-family dwelling housing not more than eight (8) service-dependent or developmentally disabled people living with professional care staff. GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION: An accessory use of a residential dwelling unit which complies with the requirements of section 3 subsectionl0 of this title. HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty four (24) hours in any week, of three (3) or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.The term "hospital", as used in this Title, does not apply to institutions operating solely for the treatment of mentally ill or chemically dependent persons, or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes. HOTEL, MOTEL, or INN:An establishment containing lodging accommodations designed for use by transients, or travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms and ancillary retail uses, provided access to such uses are from the exterior of the principal use. HOUSEHOLDER:The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE: A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE:A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees (1,2000) Fahrenheit. KENNEL,COMMERCIAL:Any lot or premises or portion thereof on which more than four(4)dogs,cats and other household domestic animals, over four(4) months of age, are kept for sale, or on which more than two (2) such animals are boarded for compensation. LABORATORY,COMMERCIAL:A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAND BANKING: Land that is part of a single-lot or development that is set aside or reserved for a later approved use or development. LAUNDRY: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities; provided that: A. Not more than four (4) persons, including owners, are employed on the premises; and B. No pickup or delivery service is maintained. LIBRARY:A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. LOADING AND UNLOADING SPACE, OFF-STREET:An open, hard-surfaced area of land other than a street or public way,the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty five feet in length [ United City of Yorkville Zoning Ordinance ] [ 8 ] Chapter 2: Planned Unit Development and fourteen feet in height (10'x 25'x 14'), exclusive of access aisles and maneuvering space. LOOK OUT BASEMENT:A story having more than one-half(1/2)of its height below the curb level or below the highest level of the adjoining ground. A look out basement shall not be counted as a story for the purposes of height measurement. LOT: A parcel of land legally described as a distinct portion or piece of land of record. (See Section 10-2-4 of this Chapter for diagram of lot types.) LOT,AREA:The area of a horizontal plane bounded by the front, side and rear lot lines. LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street,the interior angle of which is one hundred thirty five degrees (1350)or less. (See Section 10-2-4 of this Chapter for diagram.) LOT, COVERAGE: The area of a zoning lot occupied by the principal building or buildings, accessory buildings and all other impervious areas such as driveways, roads, sidewalks, parking lots and structures, and any area of concrete asphalt. (See Section 10-2-4 of this Chapter for diagram.) LOT, DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. LOT, FLAG: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow driveway or strip of land between abutting lots,thereby not meeting the minimum lot frontage requirements. LOT FRONTAGE:The front of a lot shall be that boundary of a lot along a public or private street;for a corner lot,the front shall be the narrowest side of the lot fronting upon a street; provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT, INTERIOR:A lot other than a corner lot or reversed corner lot. (See Section 10-2-4 of this Chapter for diagram.) LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley,the lot line shall be deemed to be the street or alley line. LOT LINE, FRONT: A lot line which abuts a street shall be the front lot line. For corner lots, the narrowest side of the lot fronting upon a street shall be considered the front of the lot; provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT LINE, INTERIOR:A side lot line common with another lot. LOT LINE, REAR:The rear lot line is the lot line or lot lines most nearly parallel to and more remote from the front lot line. LOT LINE, SIDE: Lot lines other than front or rear lot lines are side lot lines. LOT OF RECORD: A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the county recorder. LOT, REVERSED CORNER:A corner lot,the rear of which abuts upon the side of another lot,whether across an alley or not. (See section 10-2-4 of this chapter for diagram.) LOT,THROUGH:A lot having frontage on two(2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. (See section 10-2-4 of this chapter for diagram.) LOT,WIDTH:The mean horizontal distance between the side lot lines measured within the lot boundaries,or the minimum distance between the side lot lines within the buildable area. LOT, ZONING: A plot of ground made up of one or more parcels which are or may be occupied by a use, building or buildings, including the yards and open spaces required by this title. MANUFACTURING ESTABLISHMENT:An establishment,the principal use of which is manufacturing,fabricating,processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products. [ United City of Yorkville Zoning Ordinance ) [ 9 ) Chapter 8: Planned Unit Development MARINA: A facility for secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel. MEDICAL CLINIC:An establishment where patients are admitted for special study and treatment by two(2)or more licensed physicians or dentists and their professional associates, practicing medicine together. MICROBREWERY OR BREW PUB:A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks.Total production capacity shall not exceed 15,000 barrels per calendar year(465,000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31)gallons. MINIATURE GOLF COURSE: A novelty version of golf played with a putter and golf ball on a miniature course, typically theme-oriented with artificial playing surfaces and including obstacles such as bridges and tunnels. MOBILE HOME: A manufactured home structure transportable in one or more sections, which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems that may be contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary(HUD) and complies with the standards established under this Title. For manufactured homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required. MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath; and such park shall be for use only by non-transient dwellers remaining continuously for more than one month,whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale. MODULAR CONSTRUCTION: A structure not built on-site, but which is placed on a permanent foundation and meets building code requirements. MOTELS,MOTOR LODGES,TOURIST COURTS:Agroup of attached or detached buildings containing individual sleeping units, designed for or used temporarily by automobile tourists or transients,with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges, but not including mobile homes. MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE:A passenger vehicle, truck,truck trailer,trailer or semitrailer propelled or drawn by mechanical power. NONCONFORMING USE:Any building, structure or land lawfully occupied by use or lawfully established at the time of the effective date hereof, which does not conform after the effective date hereof with the use regulations of this Title. NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, social or economic well-being of human beings. NURSING HOME:A home for the care of children or the aged or infirm,or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care. NURSERY: Retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants. OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American [ United City of Yorkville Zoning Ordinance ] [ 10 ] Chapter 2: Planned Unit Development Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard for Sound-Level Meters/A.S.A. - No. 224.3 - 1944) ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)". ODOROUS MATTER:Any material that produces an olfactory response among human beings. OFFICE:A place,such as a building, room or suite, in which services,clerical work, professional duties or the like are carried out. OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats,trailers, aircraft, monuments, etc., and for the storing of same prior to sale. PARAPET: An architectural feature of a building where that portion of an exterior wall extends above the roof deck. PARKING AREA, PRIVATE: An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA, PUBLIC:An open, hard-surfaced area,other than a street or public way,intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (11/2) tons' capacity, and available to the public, whether for compensation,free or as an accommodation to clients or customers. PARKING SPACE, AUTOMOBILE: Space within a public or private parking area designed in conformance with 10-11-3 of this Title, exclusive of access drives, or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half(11/2)tons' capacity. PARKING STRUCTURE: an attached or detached structure that is fully or partially enclosed with one or more levels and is used exclusively for the parking or storage of motor vehicles. This does not include private one-story garages for single-, two-, or multiple-family residential uses. Parking structures may either be above or below grade. PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures. PERFORMANCE STANDARD: A criterion to control noise, odor, smoke,toxic or noxious matter, vibration,fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PHILANTROPIC INSTITUTION: Any building or group of buildings devoted to and supported by charity. PLAN COMMISSION:The plan commission of the City of Yorkville. PLANNED UNIT DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned unit developments in manufacturing districts which shall be at least ten (10) acres in area. PORCH: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part. PREFERRED FREQUENCIES:A set of octave bands described bythe band center frequency and standardized bythe American Standards Association in ASA Standard N. 51.6-1960, "Preferred Frequencies For Acoustical Measurements". PRINCIPAL USE:The main use of land or buildings as distinguished from a subordinate or accessory use. PROFESSIONAL SERVICES:A business that offers any type of professional service to the public which requires,as a condition [ United City of Yorkville Zoning Ordinance ] [ 11 ] Chapter 8: Planned Unit Development precedent to the rendering of such service, the obtaining of a license or other legal authorization. By way of example, and without limiting the generality of this definition, professional services include services rendered by certified public accountants, engineers, chiropractors, dentists, physicians, podiatrists, architects,veterinarians, attorneys at law, physical therapists and insurance agents. PUBLIC OPEN SPACE:Any publicly owned open area, including, but not limited to,the following: parks, playgrounds,forest preserves, beaches, waterways, parkways and streets. PUBLIC UTILITY:Any person,firm,corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, sewers,transportation or water. RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc. RAILROAD PASSENGER STATION:A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE:An establishment consisting of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure or bearing recreational vehicle registration license plates. Examples include but are not limited to, motor homes, boats, snowmobiles, and all-terrain vehicles. . RECREATION CENTER: A building or structure used as a place of recreation, generally open to the public and designed to accommodate and serve significant segments of the community. REFUSE:All waste products resulting from human habitation, except sewage. RELIGIOUS INSTITUTION, LARGE:A building, having 400 or more seats or larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church, synagogue, temple, mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION, SMALL: A building, having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area, wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church, synagogue,temple, mosque or other such place for worship and religious activities. RESEARCH LABORATORY:A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME:See definition of "Nursing Home". RESTAURANT: Any land, building or part thereof where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, drive-in stand,tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals, where permitted by local option. RESTAURANT, CONVENIENCE: An establishment commonly referred to as "fast casual" dining with the following characteristics: (a) limited menu items are made-to-order and are prepared only upon request; (b) food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area; and (c) usually part of a chain or franchise establishment. RESTAURANT, FAST FOOD:A quick service restaurant with the following characteristics: (a)typically includes drive-through service; (b) limited menu items consisting of pre-packaged or quickly prepared food items; (c)food is ordered and picked- up at a counter with no table service provided; (d) limited dine-in area; and (4) usually part of a chain or franchise establishment. RETAIL STORE:A building or portion of a building providing area for the selling of new or used goods,wares, merchandise directly to the consumer for whom the goods are furnished. RINGELMANN CHART: A chart which is described in the U.S. bureau of mines information circular 6888, and on which are [ United City of Yorkville Zoning Ordinance ] [ 12 ] Chapter 2: Planned Unit Development illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE STAND: A temporary structure which is used solely for the display or sale of farm produce and related materials. No roadside stand shall be more than 300 square feet in ground area and there shall be no more than one roadside stand on any one premise. ROADWAY:That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY:A strip or area of pavement used exclusively for the landing and taking off of aircraft, or for the movement of vehicles incidental to such use. SALVAGE YARD: An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto, farm implements and machinery, and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building. SCHOOL: Elementary, high school or college, public or private, or nonprofit junior college, college or university, other than trade and business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. SETBACK: The minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot, except where otherwise regulated by this ordinance. SETBACK, ESTABLISHED: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the "established setback"for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title. SETBACK LINE, BUILDING: See definition of Building Setback Line. SKATING RINK: An establishment that provides facilities for participant skating. SMOKE: Small gas borne particles other than water that form a visible plume in the air. SMOKE UNIT: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND LEVEL METER: An electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE LEVEL:The intensity of a sound measured in decibels mathematically described as twenty(20)times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. SPECIAL USE: Any use of land or buildings, or both, described and permitted herein, subject to the provisions of Chapter 14 of this Title. STABLE, PRIVATE: Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling. STABLE, PUBLIC(RIDING OR BOARDING STABLE):A building and grounds which are designed,arranged, used or intended to be used for the storage,boarding or breeding of horses,including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS:The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. STADIUM:Any facility, building, corral, arena, or structure of any kind designed for use as either a sports facility(including [ United City of Yorkville Zoning Ordinance ] [ 13 ] Chapter 8: Planned Unit Development animal sports, i.e., rodeos, horse races, etc.), entertainment facility, whether for profit or not, where activities are to be undertaken generally for the entertainment of others. Said description includes ball fields, when any type of structure is involved, skating rinks, racetracks, football or soccer fields, softball fields, gymnasiums, swimming facilities, music halls, theaters, stages or any other type of field or facility. STORY:That portion of a building included between the surface of any floor and the surface of the floor above it,or if there is no floor above,then the space between the floor and ceiling next above it.Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof. STORY, HALF: That portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2') above the finished floor of each story. In the case of one-family dwellings,two-family dwellings and multiple-family dwellings less than three(3)stories in height,a half story in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story. STREET:A way other than an alley which affords a primary means of access to abutting property. STREET LINE:A line separating an abutting lot, piece or parcel from a street. STRUCTURAL ALTERATIONS: Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams and girders. STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. TAXICAB BUSINESS: A service that offers transportation in passenger automobiles and vans to persons in return for remuneration.The business may include facilities for servicing, repair, and fueling the taxicabs or vans. TERRACE, OPEN:A level and rather narrow plane or platform which,for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground. THEATER: A structure used for dramatic, operatic, motion pictures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions. TITLE: Reference to "title" herein shall be construed to be the Yorkville zoning ordinance. TOURIST HOME:A dwelling in which accommodations are provided or offered for transient guests. TOXIC MATERIALS: A substance (liquid, solid or gaseous) which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property. TRADE SCHOOL: A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school). TRAILER:A vehicle without motive power,designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer or cargo trailer. TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty(130) square feet. TRAILER HOUSE OR MOBILE HOME: see Mobile Home definition. TRAILER, TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty (130) square feet or more but less than three hundred [ United City of Yorkville Zoning Ordinance ] [ 14] Chapter 2: Planned Unit Development twenty(320) square feet. TREATMENT CENTER: One or more buildings designed and used for the medical and surgical diagnosis and treatment.This definition excludes Hospitals and Nursing Homes. TRUCK AND TRAILER RENTAL: Leasing or renting of trucks and trailers, including incidental parking and servicing of vehicles for rent or lease. TRUCK STORAGE YARD: Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half (11/2) tons in capacity. USABLE OPEN SPACE:Ground area of a lot,landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which: A. Is not devoted to public or private roadways or driveways and off street parking and loading; B. Is accessible and available only to occupants of dwelling units on the premises, except balconies; C. Is not covered by buildings, except not more than five percent(5%) of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises; D. Has not less than ten feet (10') at its narrowest dimension between either a lot line and an area not qualifying as usable open space; and E. Is developed, landscaped and maintained suitable for pedestrian, recreational and leisure use. USE: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased. USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this title and which conforms with all of the codes, ordinances and other legal requirements as existing at the effective date hereof for the structure or land that is being examined. USE, NONCONFORMING: See definition of Nonconforming Use. USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this title for the district in which such use is located. USE, PRINCIPAL:The dominant use of land or buildings as distinguished from a subordinate or accessory use. USE, SPECIAL: A use that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title. VACANT LAND: a lot or parcel of land on which no improvements or structures have been constructed or actively used for any land use purpose. WAREHOUSE:A structure, part thereof,or an area used principally for the storage of goods and merchandise for wholesale or distribution, excluding bulk storage of materials that are inflammable or explosive or that present hazards. VIBRATION:The periodic displacement, measured in inches, of earth at designated frequency-cycles per second. YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title. YARD, FRONT: A yard extending along the full width of a front lot line between the side lot lines, and has a depth between the front lot line and the front yard line.YARD, INTERIOR SIDE:A side yard which adjoins another lot or an alley separating [ United City of Yorkville Zoning Ordinance ] [ 15 ] Chapter 8: Planned Unit Development such side yard from another lot. YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building,structure or other obstruction shall not encroach into the area between the"yard line"and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this title. (See section 10-2-4 of this chapter for diagram.) YARD, REAR: A yard extending along the width of the rear lot line between the side lot lines, and from the rear lot line to the rear yard line in depth. YARD, SIDE: A yard extending along the length of a side lot line between the rear yard line and front yard line, from the side yard line to the side lot line in width. YARD, SIDE-ADJOINING A STREET: A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line. YARD,TRANSITIONAL:A yard that must be provided on a lot in a Business District which adjoins a lot in a Residential District as a buffer and subject regulations provided in the Landscape Ordinance. ZONE:A district, as defined in this section. ZONING BOARD OF APPEALS: See Title 2, Chapter 2 of this code. [ United City of Yorkville Zoning Ordinance ] [ 16 ] 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 j [ 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. S. 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 10-4-713 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. E.Authorization For each application fora special use,the Plan Commission shall reportto the City Council itsfindings 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 eitherthe 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 S' - - 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 - 1 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 j P j 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 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 F, 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 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 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 1 1. 1 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 I 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 5 - 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 e 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 sgft 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 1 [ 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 ] 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, 5-23-2006) 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 9 Agricultural Uses 10-9-1 Purpose and Intent T The regulations for the agricultural district are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the city for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural — resources; to preserve the value of existing and future open space and recreational facilities; and to allow for interim adaptive reuse of marginal agricultural and or pasture lands pending the orderly redevelopment of the real estate for all other uses permitted under the various use districts under this title. 10-9-2 Uses Permitted A. Agricultural uses such as, but not limited to, the following: 1. Apiaries 2. Cultivation of non-food field crops and seeds used for cellulosic biofuels production 3. Farming of any kind related to floriculture, horticulture, orchards and viticulture 4. Forestation for farming or carbon sequestration S. Greenhouses and nurseries 6. Grain elevators and storage 7. Stables or paddocks 8. Temporary roadside stand offering for sale only products homemade, handcrafted, grown, harvested, or cultivated. B. Single-family residential dwellings, provided that the occupants of the dwelling units are engaged in the agricultural activities on the premises and then only three (3) additional single-family dwellings shall be permitted for the total parcel zoned agricultural district and annexed to the city; regardless if later subdivided into separate parcels after annexation. However, in the event of approval for rezoning to a residential use on the subject parcel or any portion thereof,this section shall not apply. The City Council reserves the right to require issuance of a residential building permit within an agricultural district prior to annexation, subject to the City Council's approval of the residential building site, with regard to its compatibility with the planning objectives,future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. C. Auction House All buildings and structures utilized for the conduct of an auction shall be located not less than three hundred feet (300') from any lot line. D. Signs:As permitted and regulated pursuant to the applicable provisions of this code. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 3: General Zoning Provisions 10-9-3 Special Uses Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation, mixing and wholesale and retail. Animal hospitals provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Bed and Breakfast Inn. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet (100')from a lot line. Religious institutions (small and large). Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Commercial or private dog kennels provided that they are located not less than five hundred feet(500')from a residential lot line. Communications use. Daycare facilities and preschools. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300')from a lot line. Hospitals for human beings,provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail, provided that all plants are grown on the premises. Outdoor amusement establishments,fairgrounds,carnivals,circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic institutions. Planned Unit Developments (PUDs) in accordance with the regulations as set forth in Chapter 8 of this Title. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area,trailer park/camp or campgrounds. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 3: General Zoning Provisions Public utility and service facilities, including fire and police stations. Railroad passenger depots. Railroad right of way and trackage, including classification/switching yard, terminal facilities, piggy-back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards,wholesale or retail,for agricultural products including, but not necessarily limited to,fruits,vegetables,flowers, plants, etc. Salvage yard, provided that no wrecking and/or crushing activities are permitted on the property and all vehicular storage, buildings and accessory structures are located no closer than three hundred feet (300')from any lot line. Seminaries, convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations Solar Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. Wind Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. 10-9-4 Accessory Uses A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100')from a lot line. B. Roadside stands in the immediate area of the premises but not including live animals and provided that such stands shall not contain more than six hundred (600)square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets,for vehicular ingress and egress and adequate off-street parking.Temporary roadside stands of portable or sectional construction shall be subject to a temporary permit for a period not to exceed six (6) months, and such stands are to be removed when not in use. 10-9-5 Dimensional and Bulk Requirements A. Building Setbacks: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Routes 34, 71, 126 and 47)two hundred feet (200')from the right of way. 2. All other streets or roads, one hundred feet (100')from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50'). C. Building Height: Residential structures shall have a maximum height of thirty (30) feet, however, grain silos shall not exceed a height of one hundred (100) feet; all other buildings and structures shall have a maximum height of eighty (80) feet. 10-9-6 Floor Area Ratio Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 10-9-7 Building Permits, Codes, and Fees All existing buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. All new construction for buildings, accessory uses and structures on agriculturally zoned property shall adhere to all requirements for building permits, codes and fees. [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 3: General Zoning Provisions 10-9-8 Fencing Restrictions The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) [ United City of Yorkville Zoning Ordinance ] [4] CHAPTER 10 OS-1 OPEN SPACE DISTRICT (PASSIVE) 10-10A-1: Purpose The land use regulations established for the OS-1 Open Space District are intended to govern the use of city-owned passive green space and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as open space, passive recreational areas, and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide for the protection, conservation and utilization of high-quality natural resources; preservation of wildlife habitats; creation of scenic vistas; provision of public gathering areas or facilities for safe and accessible outdoor space; connectivity between other green infrastructure via bike and hiking trails and paths; and maintain or establish appropriate buffers between differing land use types or intensities. 10-10A-2: Uses Permitted A. The following uses shall be allowed in this district: 1. Bicycle trails. 2. Community gardens. 3. Conservation areas. 4. Hiking paths. 5. Parks. 6. Stormwater detention facilities. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-1 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10A-3: Special Uses A. The following special uses shall be allowed in this district: 1. Cemeteries. 2. Agricultural uses as provided in Chapter 9 A-1 Agricultural District. 3. Public utility facilities, including electric substations and distribution centers, gas regulation centers and underground gas holder stations. 4. Wind energy systems, small. 5. Solar farms. 6. Solar panels, free standing. 7. Municipal Public Works facilities. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 10: OS-1 Open Space District (Passive) 10-10A-4: Accessory Uses, Buildings and Structures A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-1 Open Space District: 1. Arbors,gazebos, pergolas, and pavilions. 2. Bicycle racks. 3. Commercial radio,telecommunication and television towers, antennas and facilities. 4. Parking lot or facilities. 5. Picnic tables, bleachers and tents. 6. Playground equipment. 7. Public sculpture gardens. 8. Sheds. 9. Outside storage of park related materials. 10. Other uses, buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-1 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10A-5: Dimensional and Bulk Requirements A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30)feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten(10)feet or a distance equal to 50%of the building height,whichever is greater,when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50%of the building height, whichever is greater, when adjacent to a residential district. D. Building Height:The maximum building height shall be six(6) stories or eighty feet (80'). 10-10A-6: Floor Area Ratio Maximum floor area ratio for special use shall be established at the time a special use permit is granted. [ United City of Yorkville Zoning Ordinance ] [ 2 ] CHAPTER 10 OS-2 OPEN SPACE DISTRICT (RECREATIONAL) 10-1013-1: Purpose The land use regulations established for the OS-2 Open Space District are intended to govern the use of city-owned recreational areas and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as active recreational areas, public gathering areas or facilities and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide safe and accessible indoor and outdoor leisure and entertainment space for the general public while maintaining or establishing an appropriate buffer between differing land use types or intensities. 10-1013-2: Uses Permitted A. The following uses shall be allowed in this district: 1. All permitted uses in the OS-1 Open Space District. 2. Community center. 3. Playgrounds. 4. Recreation Center. 5. Rooftop wind energy systems. 6. Roof mounted solar panels. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-2 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-1013-3: Special Uses A. The following special uses shall be allowed in this district: 1. All special uses permitted in the OS-1 Open Space District. 2. Boat sales and rental. 3. Boat storage. 4. Campgrounds. 5. Golf course. 6. Golf driving range. 7. Skating rink. 8. Stadium. 9. Indoor swimming pool. [ United City of Yorkville Zoning Ordinance ] [ 11 Chapter 10: OS-2 Open Space District (Recreational) 10. Daycare facility, adult. 11. Daycare facility, child. 12. Marina. 10-10B-4: Accessory Uses, Buildings and Structures A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-2 Open Space District: 1. Accessory buildings including, but not limited to, indoor recreation and fitness facilities, clubhouses, washrooms, maintenance buildings and storage lockers. 2. Outside storage of park related materials. 3. Sheds. 4. Arbors, gazebos, pergolas, and pavilions. 5. Public sculpture gardens. 6. Commercial facilities, including concession stands when ancillary to the operation of the public recreational use. 7. Outdoor cabanas, showers, and changing areas. 8. Privately operated recreational facilities open to the general public. 9. Tennis courts. 10. Picnic tables, bleachers and tents. 11. Playground equipment. 12. Bicycle racks. 13. Skate park/ramps. 14. Other uses, buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-2 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10B-5: Dimensional and Bulk Requirements A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30)feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10)feet or a distance equal to 50%of the building height,whichever is greater,when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50%of the building height, whichever is greater, when adjacent to a residential district. D. Building Height:The maximum building height shall be six(6) stories or eighty feet(80'). [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 10: OS-2 Open Space District (Recreational) 10-10B-6: Floor Area Ratio Maximum floor area ratio for special use shall be established at the time a special use permit is granted. [ United City of Yorkville Zoning Ordinance ] [ 3 ] CHAPTER I I Residential Districts Article A. E-1 , Estate District 10-11A-1 Purpose and Intent The E-1 Estate District zoning designation is intended to q accommodate large-lot, single-family residential land uses within a rural setting. Other permitted land uses within this district are deemed compatible and conducive to the low- density, tranquil and open space environment provided in the E-1 Estate District. 10-11A-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. !A T 10-11A-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. 43,560 Square Foot Minimum 4- G� �Q [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 8: Planned Unit Development 10-11-A4 Site and Development Standards A. All streetlights shall be required at intersections with a minimum spacing of five hundred feet (500') with lights also placed at curves or dead end streets as required by the city. B. No sidewalks are required. However, in the event sidewalks are not provided, paved trails must be provided that meet the city's standards, specifically a ten foot(10')width with an exit and entrance identification consisting of two inches (2") of asphalt on eight inches (8") of CA-6 aggregate. Dedicated easements at least fifteen feet (15') wide must be provided for the trail. C. All driveways must be paved with brick,asphalt or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve inches (12") or greater, as required by the city. D. Streets will require a seventy foot (70') minimum dedicated right of way with a fifty foot (50') front yard setback. Twenty eight feet(28')of actual asphalt with a twenty five foot(25')driving area marked by thermoplastic reflective strip is required.Thirty two foot(32')width of full depth stone to provide two foot(2')wide stone shoulders at least twelve inches (12")thick.A ditch shall be required on both sides of the street and shall have a minimum profile slope of one percent(1%) (side slope 4:1 on the street side, and 3:1 on the lot side). Mailbox turnouts will be paved, using driveway specifications to determine thickness. E. Private wells are allowed if the subdivision or lot is not within two hundred fifty feet (250') of municipal water service provided that public sanitary sewer mains serve the lot or parcels for which permission for a private well is sought. Private septic systems are allowed if the subdivision or lot is not within two hundred fifty feet (250') of public sanitary sewer provided that public water is being used to serve the lot or parcels for which permission for a private septic is sought. However, if a private well is allowed on the lot or parcel then a septic field is not allowed on the lot or parcel;and conversely if a private septic system is allowed on the parcel then a private well is not allowed on the lot or parcel. A newly platted subdivision must have either all private wells or all private septic systems, but not a mix of both and only when the municipal water or sanitary sewer service is more than two hundred fifty feet (250') away. If a lot is within two hundred fifty feet (250') of public water or sanitary sewer service, that lot may maintain its private septic or private well only until failure of the private septic or private well. At that time the lot must be connected to the public sanitary sewer or public water service as the case may be at the lot owner's sole expense. After connection to the city sanitary sewer system, individual private septic fields shall be abandoned by pumping out the tank, knocking in the cover and filling with dirt or stone. After connection to the city water system, individual private wells shall be properly capped as provided under the Illinois public health code. All public improvements shall conform to the city standard specifications for municipal water and sanitary sewer improvements. [ United City of Yorkville Zoning Ordinance ] [ 2 ] CHAPTER I I Residential Districts Article B. R-1 , Single Family Traditional Residence District 10-1113-1 Purpose and Intentk � The R-1 Single Family Suburban Residence zoning designation is intended to create a spacious suburban residential neighborhood environment 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. 18,000 Square Foa Minimum [ United City of Yorkville Zoning Ordinance ] [ 1] CHAPTER I I Residential Districts Article C. R-2, Single Family Suburban Residence District 10-11C-1 Purpose and Intent The R-2 Single Family TraditionaI Residence zoning designati on is intended to accommodate smaller, more conventional suburban residential neighborhood on lots of at least 12,000 square feet. The district's moderately-low density allows for flexibility in site design, and creates a �. transitional land use between rural and suburban residential settings. The primary permitted uses are single-family detached housing, in addition to compatible and complimentary cultural, religious, educational and public — uses. 10-11C-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. 10-11C-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. * x xd,: 12,000 Square Foot Minimum ,So 4c [ 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 z thoroughfare or as a transitional land use adjacent to single-family - ^ 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 ' 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 [ 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 _ - u! it 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 FM ,W district shall be approved in accordance with Section 10-4-9 of this Title. r - 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 �i • [ 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. :II■o� This district is suitable for creating a transition between the business/ ;IIIIIIII - 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. M: CI �n•` I��IIIIIIIIIIIIIIIIIIV IIlIIIIIIIIIIII gllllll�lllllllllllll : I 10-11F-3 Dimensional and Bulk Requirements I� �I lllllllmli Illulull y 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 G [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 12 Business Districts Article A. O, Office District 10-12A-1 Purpose and Intent The O Office District zoning designation is intended to provide for the location of professional offices, research and development facilities, and - other related uses on parcels of at least 20,000 square feet. In addition, €-_� " s a mix of limited retail and service uses may be allowed to support i other uses within the zone. The O Office District zone may be used as 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. „ ■ ■ ■ loss 10-12A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or j,q �{ ■,� 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. 10-12A-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 ._ and bulk regulations in Chapter 7 of this Title. -. 20,000 Square Foot Minimum lk �o i J 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 ilia 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 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. iii 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. i 10,000 Square Foot Minimum t7}O [ 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. _l I i'f 10-12C-3 Dimensional and Bulk Requirements ` hL Any building, structure or apparatus constructed, erected, altered or ' 7 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 �S [ 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. 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 a [ 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. ■ t e if d,aim► r 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. h. 10-12E-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 Mirimum [ United City of Yorkville Zoning Ordinance ] [ 1 ] CHAPTER 12 Business Districts Article A. O, Office District 10-12A-1 Purpose and Intent The O Office District zoning designation is intended to provide for the location of professional offices, research and development facilities, and - other related uses on parcels of at least 20,000 square feet. In addition, €-_� " s a mix of limited retail and service uses may be allowed to support i other uses within the zone. The O Office District zone may be used as 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. „ ■ ■ ■ loss 10-12A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or j,q �{ ■,� 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. 10-12A-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 ._ and bulk regulations in Chapter 7 of this Title. -. 20,000 Square Foot Minimum lk �o i J 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 ilia 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 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. iii 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. i 10,000 Square Foot Minimum t7}O [ 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. _l I i'f 10-12C-3 Dimensional and Bulk Requirements ` hL Any building, structure or apparatus constructed, erected, altered or ' 7 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 �S [ 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. 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 a [ 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. ■ t e if d,aim► r 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. h. 10-12E-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 Mirimum [ 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 — 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 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. 'i 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 ,.. and bulk regulations in Chapter 7 of this Title. [ 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. L J �s o� [ 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 — 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 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. 'i 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 ,.. and bulk regulations in Chapter 7 of this Title. [ 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. L J �s o� [ United City of Yorkville Zoning Ordinance ] [ 1] CHAPTER 14 Adult Uses 10-14-1 Definitions For the purpose of this chapter,the following words and phrases shall have the meanings respectively prescribed to them by this section: ADULT BOOKSTORE: An establishment having as a substantial portion of its stock in trade, books, magazines,films for sale or viewing on the premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities", or"specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such material. ADULT ORIENTED USES/ENTERTAINMENT CABARET:A public or private establishment which is licensed to serve food and/ or alcoholic beverages, which features topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers. ADULT MINIMOTION PICTURE THEATER: An enclosed building or "drive in" theater with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or"specified anatomical areas"for observation by patrons therein. ADULT MOTION PICTURE THEATER: An enclosed building or a "drive in" theater with a capacity of fifty (50) or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "special anatomical areas" for observation by patrons therein. BODY SHOP OR MODEL STUDIO: Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration of gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity or where for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions,body painting,and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or"specified anatomical areas" are provided for observation by or communication to persons paying such consideration or gratuity. BUILDING STRUCTURE: Any structure or group of structures housing two (2) or more businesses which share a common entry, exit, wall or frontage wall, including, but not limited to, shopping centers, shopping plazas, or shopping squares. MASSAGE: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice, that is performed by a person not licensed or certified by applicable state agency or professional accreditation organization registered with the state of Illinois. MASSAGE ESTABLISHMENT: An establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of"massage" of this section. SPECIFIED ANATOMICAL AREA: Any of the following conditions: A. Less than completely and opaquely covered: 1. Human genitals, pubic region, or pubic hair. 2. Buttock. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 14: Adult Uses 3. Female breast below a point immediately above the top of the areola. B. Human male genitals in a discernibly turgid state, even if completely covered. SPECIFIED SEXUAL ACTIVITIES: Any of the following conditions: A. Human genitals in a state of sexual stimulation or arousal. B. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation. C. Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts. D. Excretory functions as part of or in connection with any activities set forth in subsections A through C of this definition. 10-14-2 Adult Uses Enumerated The following shall be considered adult uses for the purpose of this chapter: Adult bookstore Adult-oriented ues/entertainment cabaret Adult mini-motion picture theater Adult motion picture theater Body shop or model studio Massage establishment 10-14-3 Limitations on Adult Uses Adult uses shall be permitted as Special Uses in the M-1 Limited Manufacturing and M-2 General Manufacturing Districts and further subject to the following restrictions: A.An adult use shall not be allowed within five hundred feet (500') of another existing adult use. B.An adult use shall not be located within seven hundred feet(700')of any zoning district which is zoned for one-family residence district(R-1),one-family residence district(R-2),duplex,two-family residence district(R-2),general residence district(R-3), general residence district(R-4), office district (0), limited business district(B-1), general business district (B-2), service business district (B-3), business district(B-4), agricultural district(A-1). C. An adult use shall not be located within five hundred feet (500') of a preexisting school or place of worship. D. An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages. E. Arterial Roadways: Adult uses which are located next to an arterial roadway, as defined in the city's comprehensive plan, must provide a twenty foot (20') setback from the property line. F. Non-arterial Roadways: Adult uses which are located next to a non-arterial roadway, as defined in the city's comprehensive plan, must provide a ten foot (10') setback from the property line. G.Traffic Study may be required as part of the Special Use permit approval process. 10-14-4 Measurement Distance For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 14: Adult Uses containing the nearest adult use, school, place of worship, or district zone for residential use. 10-14-5 License Required; Filing of Application; Filing Fee It shall be unlawful for any person to engage in, conduct, or carry on,or permit to be engaged in,conducted, or carried on, in or upon any premises in the city the operation of an adult use as herein defined,without first having obtained a separate license for such adult use from the mayor of the city. Every applicant for a license to maintain, operate, or conduct an adult use shall file an application in duplicate under oath with the mayor upon a form provided by the city clerk and pay a nonrefundable filing fee of one hundred dollars ($100.00) to the city clerk, who shall issue a receipt which shall be attached to the application filed with the mayor. Within thirty (30) days after receiving the application, the mayor shall notify the applicant that his application is granted, denied, or held for further investigation.Such additional investigation shall not exceed an additional thirty(30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the mayor shall advise the applicant in writing whether the application is granted or denied. Whenever an application is denied or held for further investigation, the mayor shall advise the applicant in writing of the reasons for such action. Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the mayor. 10-14-6 Contents of Application for License The term "applicant"as used in this chapter shall include any partner or limited partner of a partnership applicant and any officer or director of a corporate applicant and any stockholder more than ten percent (10%) of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business. An applicant for a license shall furnish the following information under oath: A. Name and address. B. Written proof that the individual is at least eighteen (18)years of age. 10-14-7 Issuance of Adult Use License The mayor may issue a license to maintain, operate, or conduct an adult use if he finds: A.That the applicant is eighteen (18)years of age and under no legal disability. B. That the applicant is a person who is of good moral character and reputation in the community in which he or she resides; and has had no criminal convictions. C. That said use complies with all site distances contained in this chapter in relation to school, church, and residential uses. Every adult use license issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance, unless sooner revoked. 10-14-8 Suspension or Revocation of License for Adult Use Any license issued for an adult use may be revoked or suspended by the mayor if the mayor shall find: A.That the licensee has violated any provisions of this chapter regulating adult uses. B.That the licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this chapter or knowingly caused or suffered another to furnish or withhold such information on his or her behalf. [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 14: Adult Uses C. The licensee shall be responsible for the acts of his agents, servants and employees provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty(30) days if the mayor shall find that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual constructive knowledge. D.The mayor before revoking or suspending any license shall give the licensee at least ten (10) days' written notice of the charges against him or her.The licensee may within five (5) days of receipt of said notice request a public hearing before the mayor at which time the licensee may present evidence bearing upon the question. Any notice by the mayor may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use. 10-14-9 Exterior Signage and Display No adult use shall be conducted in any manner that permits the observation of any material, depicting, describing, or relating to "specified sexual activities" or"specified anatomical areas" by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use. 10-14-10 Display of License and Permit Every licensee shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises. 10-14-11 Employment of Persons Under Age of Eighteen Prohibited It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18)years of age. 10-14-12 Illegal Activities on Premises No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by an ordinance of the city or law of the state or of the United States. 10-14-13 Hours of Operation All areas within the premises of an adult-oriented use business shall be cleared if customers and secured from customers and the public in general during the time when not permitted open for operation, and no person, other than the licensee or his/her employees or agents, shall be permitted within the area of such premises during such hours as listed below: Monday through Thursday 7:00 A.M.to 1:00 A.M. Friday and Saturday 7:00 A.M.to 1:00 A.M. Sunday 11:00 A.M.to 1:00 A.M. 10-14-14 Severability Clause If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included. 10-14-15 Violation and Penalty Each day of violation shall constitute a separate and punishable offense. [ United City of Yorkville Zoning Ordinance ] [4] 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 ] 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. Double Sided Parking 41' 51' 57' 60' Module Width B. Parking Space Dimensions Two-Way Aisle Parking The minimum off-street parking space dimensions are Parking Aisle Width 8.5' 19' 20' 18' shown in Table 10.16.01. An explanation of how these dimensions are generally measured is shown in Figure Driving Aisle Width 24' 24' 24' 24' 10.16.01. The actual measurements of the stalls and Parking Stall Width 22' 9' 9' 9' aisles is shown in Figure 10.16.02. The actual stalls Single Sided Parking and aisle must be clearly marked as shown in Figure Module Width 41' 43' 44' 60' 10.16.02. Double Sided Parking 41' 62' 64' 60' 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. 0 19 ft. > 19 ft. LO 13 ft. One-Way -+ 51 ft. M 24 ft. 1 Two-Way 62 ft. 41 i� /X\\ 20ft.� 20 ft. v 17 ft. One-Way M+ 57 ft. 0 — \ 24� Two-Way _+ 64 ft. 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' 25' 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 25' 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 -Subject to engineer review based upon the traffic and specific land use characteristics. 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 Off-Street Minimum 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+cycles 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 bank request 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 f% 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 Parking t • 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. Example [ 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 50') [ 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 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. • 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. Materials Residential District Fence Heights Table The following materials are accepteable for the any residential district fence: Yard Maximum Height 0 Stone Front Yard 3 Feet 0 Brick 4 Feet if at a maximum 50%opacity 0 Natural Rot Resistant Wood (Cedar, Interior Side Yard 6 Feet Cyprus, Redwood) 8 Feet if adjacent to a non-residential use 0 Cast or Wrought Iron Corner Side Yard 3 Feet 0 Plastic 4 Feet if at a maximum 50%opacity . Aluminum Rear Yard 6 Feet 0 Composite Wood and Plastic 8 Feet if adjacent to a non-residential use • Vinyl Coated 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. C. 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 10.17.02. Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50%opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3 Feet 4 Feet if at least 50%opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use Materials The following materials are acceptable for any business district fence: • Stone 0 Plastic • Brick • Aluminum • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Composite Wood and Plastic • Cast or Wrought Iron • Vinyl Coated 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 j [ 2 1 Chapter 17: Fencing and Screening D. Regulations for Industrial 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 acceptable for any industrial district fence: • Stone 0 Plastic • Brick • Aluminum • Finished Wood • Composite Wood and Plastic • Cast or Wrought Iron • Chain Link • Barbed Wire (starting at a minimum elevation of 6' above grade) 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 Public 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. 04 Utililty 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 acceptable for any utility fence: • Stone 0 Plastic • Brick • Aluminum • Finished Wood • Composite Wood and Plastic • Cast or Wrought Iron • Chain Link • Barbed Wire (starting at a minimum elevation of 6' above grade) 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 ' 4 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 orto 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. Industrial uses do not have to create an enclosure as long as the container cannot be seen from the public view. Utilities -�- -� y� 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 J& a manufacturing district. The Community Development 4V;1- = u Director decides what is an acceptable ammount of screening during the plan review process. ili,llll� II �) I Loading Areas IIIIIIII II When located across a street from residential zoned 44 I� 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 1 � • Table 10.17.05 Fencing Material Examples 7�7 1 �\ ��■ III��i111111111i -- �_�- _ .. m �' � ��� �Y ' �� �• ,� �lll�l�� r � II��III�III • �M���I�IIAiMIM�1••�nil 14111 �f u rte . i t • • 0 1 NZIST • o • CHAPTER 18 Telecommunication Tower and Antenna Regulations 10-18-1: Definitions ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA:Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA:The federal aviation administration. FCC:The federal communication commission. HEIGHT: When referring to a tower or other structure,the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS:A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successor agency. PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone,radio and similar communications purposes,including self-supporting lattice towers,guyed towers,or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 18: Telecommunication Tower and Antenna Regulations 10-18-2: Applicability A. New Towers And Antennas All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B.Amateur Radio Station Operator/Receive Only Antennas This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet (80') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10'). C. Preexisting Towers Or Antennas Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections , F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee as of January 1 following the effective date hereof. D. AM Array For purposes of implementing this chapter,AM array, consisting of one or more tower units and supporting groundsystem which functions as one AM broadcasting antenna,shall be considered one tower.Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. 10-18-3: General Requirements A.Special Or Miscellaneous Use Antennas and towers may be considered either special or miscellaneous uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers,antennas,or sites approved for towers or antennas,that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower.The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D.Aesthetics Towers and antennas shall meet the following requirements: 1.Towers shall either maintain a galvanized steel finish or,subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2.At a tower site,the design of the buildings and related structures shall,to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 18: Telecommunication Tower and Antenna Regulations structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State Or Federal Requirements All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Building Codes/Safety Standards Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower,the owner shall have thirty(30) days to bring such tower into compliance with such standards. Failure to bring the antenna,antenna structure,or tower into compliance within the thirty(30)day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. I. Measurement For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. K. Public Notice For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet(250')of the zoning lot in question.Streets,alleys and watercourses shall not be considered in the determination of"abutting" nor in calculating the two hundred fifty feet(250'). L.Signs No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings And Support Equipment Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection of this chapter. N. Multiple Antenna/Tower Plan The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. [ United City of Yorkville Zoning Ordinance ] [ 3 ] Chapter 18: Telecommunication Tower and Antenna Regulations O.Antenna On Existing Structures Any antenna which is not attached to a tower maybe approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided: 1.The antenna does not extend more than thirty feet (30') above the highest point of the structure; 2.The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. P.Antennas On Existing Towers An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional distance separation.The tower's premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location. b.After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers.The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. d.The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in subsection P and the requirements of this subsection; c) the tower meets the setback and separation requirements in subsection 10-18-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120') in height; b. For two (2) users, up to one hundred fifty feet (150') in height; and c. For three (3) or more users, up to and including one hundred eighty feet(180') in height. Q. Roadway Access All sites on which antenna,antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7") thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. [ United City of Yorkville Zoning Ordinance ] [4] Chapter 18: Telecommunication Tower and Antenna Regulations R. Fencing The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet(6') in height and equipped with an appropriate anticlimbing device.Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. S. Disguised Structures The provider of an antenna,antennastructure,or tower may propose to disguise the proposed antenna,antenna structure or tower.Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. T.Annual Administrative Fee And Certifications 1.The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year commencing with calendar year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure,or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection,the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or co-locator on a tower. U. Permit Required Priortothe construction of an antenna,antenna structure ortowerthe providerofthe radio,television,ortelecommunications services shall obtain a permit from Yorkville for the erection of such antenna,antenna structure or tower.An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in section of this title, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver Of Provisions An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-8, 3-23-2000) 10-18-4: Permitted Uses A. General The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to the following and all other requirements of this title: 1.Antennas and towers located on property owned, leased,or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites,and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections A through V of this chapter. 3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 18: Telecommunication Tower and Antenna Regulations 10-18-5: Special Uses and Miscellaneous Uses A. General Provisions 1. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities, personal wireless services,radio transmission,or television transmission shall be subject to the special use provisions contained within section 10-4--9 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2.In granting a special use permit,the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5.Antennas,antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1 (one-family residence) - private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only), R-2 (one-family residence) private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only), B-1(local business district), B-2 (retail business district), B-3 (general business district), B-4 (service business district), and A-1 (agricultural district). 6. Atennas, antenna structures and towers shall be allowed as a special use in the E-1(estate district) if it is consistent with all of the requirements of this chapter and the following criteria: A. The parcel that any antennas, antenna structures and towers are located on must be at least 2 acres B. The total height of the structure must be less than the distance from the base of the structure to the closest parcel on all adjacent parcels 7. Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 (limited manufacturing district), and M-2 (general manufacturing district). B. Information Required In addition to any information required for applications for special use permits referenced above,each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location,type and dimensions of all improvements, including information concerning topography, radio frequency coverage,tower height requirements,setbacks,drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; 3.The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection10- 18-3C of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5.The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6.A description of compliance with subsections 10-18-3C, E, F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 18: Telecommunication Tower and Antenna Regulations other cellular sites owned or operated by the applicant in Yorkville; 9.A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering,technological or geographical limitations in the event the proposed tower is erected. 11. An applicant shall be notified within 30 days if the application is incomplete. The City shall make a decision on collocation within 90 days and all other siting applications within 150 days of the receipt of a completed application. C. Factors Considered In Granting Special Use Permits The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-4-9 of is title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and D. Height No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower,the arm shall not exceed a length of twelve (12) linear feet. E.Setbacks And Separation 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure.Antenna structures,guy lines, and equipment shelters must satisfy the minimum setback requirements for E-1, R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation:The following separation requirements shall applyto all towers and antennas for which a special use permit is required; provided, however,that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in Table 10.18.01 of this section. (2) Separation requirements for towers shall comply with the minimum standards established inTable 10.18.01 of this section. b. Separation distances between towers: 1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers.The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 10.18.02 of this section. F.Siting On Wetland Prohibited [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 18: Telecommunication Tower and Antenna Regulations Table 10.18.01 Separation Requirements Off Site Use/Designated Area Separation Distance Single-family or duplex residential units principal building 500 feet Vacant single-family or duplex residentially zoned land which is either platted or 500 feet has preliminary subdivision plan approval which is not expired Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan 500 feet approval and any multi-family residentially zoned land greater than duplex Existing multi-family residential units greater than duplex 100 feet or 100 percent of the tower hieght, whichever is greater Non-residentially zoned lands or non-residential None The Fox River or any watercourse 500 feet, as measured from the shore Major highways (as defined in the Yorkville Comprehensive Plan) 500 feet from the right of way Table 10.18.02 Separation Existing Tower Separation Distance Existing Tower Type Lattice Guyed Monopole (taller Monopole (shorter y than 75 feet) than 75 feet) Lattice 1,000 1,500 500 250 Guyed 1,000 1,750 1,500 1,250 Monopole (taller than 500 1,500 250 250 75 feet) Monopole (shorter 250 1,250 250 250 than 75 feet) No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation Of Landscape Existing mature tree growth and natural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower.All [ United City of Yorkville Zoning Ordinance ] [ 8 ] Chapter 18: Telecommunication Tower and Antenna Regulations such utilities shall be buried. J. Signal Interference No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent(20%)of the total square footage of the antenna,antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four (24) square feet of gross floor area and the cabinet/structure is located in a minimum of six feet (6') from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42)to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard, provided the cabinet or structure is no greater than six feet(6') in height or sixty four(64) square feet in gross floor area.The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet(8') and a planted height of at least thirty six inches(36"). In all other instances,structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by asolid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code, NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Removal Of Abandoned Antennas,Antenna Structures, Or Towers Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve(12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two(2)or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. N. Collocation A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or [ United City of Yorkville Zoning Ordinance ) [ 9 ) Chapter 18: Telecommunication Tower and Antenna Regulations tower,the zoning board may by express condition require that the applicant shall allow,on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. 10-18-6: Nonconforming Uses A. Prohibited Expansion Of Nonconforming Use Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas,Antenna Structures Or Towers Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsectionl0-18-5N of this chapter. 10-18-7: Annual Reporting of Information Each owner of an antenna,antenna structure,ortower regulated underthis chapter,and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter,such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter.This section is specifically deemed to have retroactive effect. [ United City of Yorkville Zoning Ordinance ] [ 10 ] Chapter 19 Alternative Energy Systems 10-19-1: Purpose The purpose of this Chapter is to regulate alternative energy systems and to promote their effective and efficient use. The regulations are intended to achieve the following: A. Provide zoning regulations to guide the installation and operation of renewable energy systems; B. Accommodate sustainable energy production from renewable energy sources; C. Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and general welfare. 10-19-2: General Requirements Applicability: The provisions of this chapter are to establish zoning parameters by which Solar and Wind Energy Systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City. Approval Process: All Alternative Energy Systems shall require a building permit prior to installation. Installation of Alternative Energy Systems may require a Special Use Permit; refer to Table 10.06.07 in Chapter 6 of the Zoning Ordinance. Standards for Granting a Special Use: A. The City Council shall determine that the application has met all of the general requirements of this chapter. B. The proposed energy system shall further the intent of this Chapter and provide renewable energy to the property on which it is proposed. C. The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. D. The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. Use: Alternative Energy Systems shall be an accessory to the principal permitted use of a site. Abandoned Systems: All Alternative Energy Systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice,the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance. Signage: No commercial signage or attention-getting device is permitted on any Alternative Energy System. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed four (4) square feet in size and should be readable from a thirty (30) foot distance from any direction. Utility Service Provider: Evidence that the electric utility service provider that serves the proposed site has been notified of the owner's intent to install an interconnected customer-owned electricity generator. Safety: All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation. Lighting: All Alternative Energy Systems shall not be illuminated, except as required by the FAA. [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades cast by the sun passing though the rotating turbine. No habitable portion of an existing adjacent structure shall be subject to Shadow Flicker from a wind turbine. Shadow Flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If Shadow Flicker occurs, the operation of the wind turbine shall cease during those times which cause the Shadow Flicker. Screening: There shall be no required mechanical screening for Alternative Energy Systems. Design: Wind energy systems and associated tower shall be a non-reflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding properties. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. Building Code/Safety Standards: Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. 10-19-3: Freestanding Wind Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Clearance In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15)feet. See Figure 10-19-3A N ind Turbine Wind Total System Height turbine Total System[[eight e+ e c 'a FE Clearance 2 Setback Setback Grade Figure 10-19-3A [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems Permitted Yard Locations Freestanding wind energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage,water, sewer, or other type of public easement. Setbacks The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trials, public rights-of-way, and other freestanding wind energy systems.Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district. Access Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. Noise Freestanding wind energy systems shall not exceed the following: A. Fifty-five (55) dBA when in or adjacent to all residential districts. B. Sixty(60) dBA when in or adjacent to all non-residential districts. 10-19-4: Building Mounted Wind Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Building mounted wind energy systems are allowed on all principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof. Quantity One (1) turbine is allowed for every 500 square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation. Noise Building mounted wind energy systems shall not exceed the following: A. Fifty-five (55) dBA when in or adjacent to all residential districts. B. Sixty(60) dBA when in or adjacent to all non-residential districts. Height The maximum height for a building mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches 10:12 or greater. They system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 10-19-4A. [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems Extension Maximaint above Highest ]eight Rear Peak. Figure 10-19-4A 10-19-5: Freestanding Solar Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Setbacks All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines. Permitted Yard Locations Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. Clearance Minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten (10)feet. Refer to Figure 10-19-5A. Panel Area i�la�trr�un� 1Ieight C"Ic ar.tnce ( irade L AWL Figure 10-19-SA [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems 10-19-6: Building Mounted Solar Energy Systems Location Please refer to Table 10.06.07 in Chapter 6 for placement of Alternative Energy Systems within each specified zoning district. Building mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met: A. Solar access is optimized on the front and exterior side facades. B. Systems are simultaneously used to shade the structure's doors or windows. See Figure 10-19-61-1 Height Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four(4) feet parallel to the roof surface of a flat roof. If the system is flush mounted, the system must be less than four(4) inches from the roof surface. Refer to Figure 10-19-6A. Extension above Highest Roof Pct syslem Flush with Roof Maximum Haight I'arahci Roof Surfacc 1 Figure 10-19-6A Quantity The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached. Projection The system may project up to four (4) feet from a building fagade or roof edge. The system may project into an interior side or interior rear setback, but shall be no closer than five (5) feet to the interior side or interior rear property line. Refer to Figure 10-19-6F. Maximum Projection r — ' r 1 (1— Panel ` J Proiecting from the Side Facade l r>:f 6- - — J Figure 10-19-6F Figure 10-19-6H [ United City of Yorkville Zoning Ordinance, Page#] Chapter 19: Alternative Energy Systems 10-19-7: Permitting and Fees Permitting: A. The installation of any alternative energy system requires a building permit from the United City of Yorkville. B. In order to receive permit, alternative energy systems must be approved by an alternative energy certification program. C. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. D. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the alternative energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the alternative energy system to be in compliance with this chapter; or c. Determine the system abandoned per section 10-19-2. Fees: A. If applicable, alternative energy systems will be subject to the fee schedule for special use applications as defined by Section 1-7-9 of this title. Said fee will be payable per alternative energy system at the time of the application submittal by the petitioner. B. In addition, alternative energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee.The permit fee will be payable at the time of the application submittal by the petitioner. [ United City of Yorkville Zoning Ordinance, Page#] CHAPTER 20 Signs 10-20-1 Principles The provisions of this chapter recognize that: A. There is a significant relationship between the manner in which signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B.The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C.Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-31, 6-9-2009) 10-20-2 Purpose The regulation of signs by this chapter is intended to promote and protect the public health, safety and welfare by: A. Enhancing the economic condition of the city by promoting reasonable, orderly and effective use and display of signs. B. Enhancing the physical appearance of the city. C. Protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the city. D. Protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. Preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs.To this end,this chapter: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this chapter. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. (Ord. 2009-31, 6-9-2009) 10-20-3 Scope The regulations of this chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the city and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this chapter relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the city of Yorkville building code and the city of Yorkville electrical code. (Ord.2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 20: Signs 10-20-4 Definitions ANIMATED, FLASHING OR MOVING SIGN: Any sign that uses lights that flash or alternate or which include action - -or motion or the appearance of action or motion either physically or electronically. + *• AWNING, CANOPY OR MARQUEE SIGN: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this �~ chapter. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville building code. BANNER:Any sign made of vinyl,fabric,or similar material that is displayed on a pole or building. National, state or municipal flags, and official flags of any institution or Awning business shall not be considered banners. BILLBOARD: A structure for the permanent display of -- off premises advertisement which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. For the purposes of this chapter, this definition does not include off premises sponsorship banners. BUSINESS SIGN:A sign which directs attention to a business l or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. Canopy COLD AIR INFLATABLE DEVICE: An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. CONSTRUCTION SIGN:A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot.A construction sign shall be a wall or freestanding sign. ELECTRONIC MESSAGE DISPLAY PANEL: A separate portion of a lawful sign capable of displaying fixed or changing text, characters,figures or images using light emitting diodes (LEDs), liquid crystal display(LCD),fiber optics, light bulbs or other illumination devices that can be electronically changed by remote or automatic means.The following terms for electronic message display panels shall be defined as follows: Animation: The illusion of movement to drawings, models or inanimate objects by putting separate pictures together to form the illusion of continuous motion. Character:A letter, number, punctuation mark or decimal point. Dissolve: Where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. Fade: Where static messages are changed by means of varying light intensity, where the first message gradually [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 20: Signs reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. Nits:A luminance unit equal to one candle per square meter measured perpendicular to the rays from the source. Scrolling: Where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. Static: Graphics having no motion or movement of any type. Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation or video. Travel: Where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. Video: Moving images that are a sequence of images of continuous motion and breaking it up into discrete frames for subsequent display. FREESTANDING SIGN:Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going out of business sales do not apply. GROUND MOUNTED/MONUMENT SIGN: A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. IDENTIFICATION SIGN: A sign giving the name and address of a residential building, business, development, industry, or other building or establishment.Such signs may be wholly or partly devoted to a readily recognized symbol.An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. MENU BOARD SIGN:A sign at a remote location on Monument Sign a lot giving product and price information about products sold on the lot to motorists in a waiting _ vehicle. - - MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed manually without altering the face or surface of r41 ��', the sign. II . OFF PREMISES SPONSORSHIP BANNER:Temporary signs which display advertisement for sponsors of an event or facility, such as an athletic event or F'' '`{!x'�r` '{ � "� ' field, on the location where the sign is located. POLE SIGN: A freestanding sign supported by a I column or columns whose total width is less than fifty percent (50%) of the sign face depth. ---- PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure or affixed - to the ground or surface upon which it is located. [ United City of Yorkville Zoning Ordinance ] [3] Chapter 20: Signs Projecting Sign PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for support and projects more than twelve inches (12") from such building, except for awning, canopy and marquee signs. REAL ESTATE SIGN: A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. Sign A real estate sign shall be a wall or freestanding sign. ROOF SIGN: A sign that is wholly dependent upon a building for support or — mounted on the roof,which projects more than six inches(6")above the highest point of a building or roof to which it is attached. SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two(2) boards hinged together toward the top to permit the sign to stand when the bottom edges of the boards are spread; each side of which is no more than twelve (12) square feet. SNIPE SIGNS: A temporary or permanent nongovernmental sign in a public right of way which is tacked, nailed, posted, pasted,glazed or otherwise affixed to a pole,stake,fence,traffic sign,traffic control device, utility pole,tree or the ground. TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material. TRAILER SIGN:A sign mounted on a chassis with or without wheels. VEHICLE SIGN:Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile,van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. WALL SIGN:A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of,the sign and which does not project more than twelve inches (12")from such building or structure. WIND FEATHER (Also Known As WIND FLAG, TEARDROP BANNER AND BLADE): Fabric or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. WINDOW SIGN: A sign which is applied or attached to or located within three feet (3') of the interior of a window, which sign may be seen through the window from the exterior of the structure. (Ord. 2010-04, 1-12-2010; amd. Ord. 2010-18, 4-13-2010; Ord. 2010-25, 6-8-2010; Ord. 2012-38, 10-23-2012) Wall Sign ROOF SIGN r/f� r [ United City of Yorkville Zoning Ordinance ] [4] Chapter 20: Signs 10-20-5: Signs Exempt From this Chapter Nothing in this chapter shall be construed as exempting the following signs from the building code or those portions of this code applicable to signs.The following signs are otherwise exempt from regulations of this chapter: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and mounted five feet (5') in height or less on private property regulating on premises traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty two (32) square feet in area, five feet (5') high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other noncombustible material and permanently attached to a building. G. Nonilluminated window signs painted on or covering no more than fifty percent(50%)of the window area,excluding glass doors. H. Real estate signs six (6) square feet or less in area, provided that no more than one such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five feet (5')from any lot line and shall be five feet (5') or less in height and shall not be illuminated. I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one sign not to exceed eight (8) square feet in area and five feet (5') in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing", "Beware of Dog" and other similar warning signs four(4) square feet or less in area. L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single-and two-family dwellings and five (5) square feet for multi-family dwellings. M.Garage sale,farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage. O. Political signs.Signs sixteen (16)square feet or less in area and announcing candidates for political office or political issues. P. Construction signs under eight(8) square feet. Q. Window signs covering no more than sixty percent (60%) of the window area excluding glass doors. R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage units. (Ord. 2009-31, 6-9- 2009) [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 20: Signs 10-20-6 General Provisions A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height: The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements: Except as otherwise provided, signs shall be located at least five feet (5') from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right of way except as established by the authorized public entity responsible for the right of way. No sign having a height more than thirty inches (30") shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty five feet (25') from the point of intersection of two (2) street right of way lines forming such a corner lot. D. Illumination Of Signs: The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to residential areas shall not be illuminated between the hours of eleven o'clock (11:00) P.M. and five o'clock(5:00) A.M. unless the use to which the sign pertains is open. E. Sign Maintenance:The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards: 1.Signs shall be maintained in a neat and orderly condition and good working order,including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the building and electrical codes as adopted by the city of Yorkville. F.Abandoned Signs:Except as otherwise provided in this chapter,any temporary sign installed fora period of thirty(30)days or more,or any sign which pertains to a time,event,or purpose which no longer applies,shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six(6) months or more.An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. G. Removal Of Signs: Any sign found to be improperly maintained, abandoned or otherwise in violation of this chapter which is not removed or repaired within thirty(30) days of written notice of the code official may be removed by the code official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. (Ord. 2009-31, 6-9-2009) 10-20-7 Prohibited Signs The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. C. Vehicle signs. [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 20: Signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content,color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "stop", "look", "one-way", "danger", "yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I.Trailer signs, except directional or informational signs exempted by subsection 8-11-5E of this chapter. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving, rotating or animated signs except traditional barber poles not exceeding two feet (2') in height and projecting not more than twelve inches (12") from the building utilized only to identify a haircutting establishment. (Ord. 2009-31, 6-9-2009) 10-20-8 Permitted Signs; Agricultural, Flood Zone and Residential Zoning Districts A. Permanent Signs: 1. Freestanding Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone and residential zoning districts may have one freestanding business or identification sign. Nonresidential uses in the agricultural,flood zone and residential zoning districts on a corner lot with entrances on both streets may have one freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet or less in area,five feet(5') or less in height and set back at least ten feet (10')from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of.The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. 2. Building Mounted Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right of way. No more than fifty percent(50%)of the building mounted sign area may be composed of a message board sign. Building mounted signage cannot extend more than seventy five percent(75%) of the building facade of the building to which it is attached. 3.Subdivision And Residential Complex Identification Signs:Two(2) permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty two (32) square feet or less in area and eight feet (8') or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two (2) components, one on each side of the street. B.Temporary Signs: 1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Residential Marketing Signs: Residential marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve feet (12') in height. (Ord. 2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 20: Signs 3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and give directions to rest entia developments in Yorkville shall be allowed at no more than four (4) off site locations, and shall be no greater than one hundred (100) square feet in area and twelve feet (12') in height. Signs for a given development may be located in any zoning district provided that there is at least one-fourth (1/4) mile separation from the other off site marketing signs of that development and that no off site marketing sign be closer to a residence than one hundred feet(100'). Off site marketing signs for different developments must be at least two hundred fifty feet(250') from any other off site marketing sign. (Ord. 2010-04, 1-12-2010) 4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty two (32) square feet in area and five feet (5') in height. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet(3'x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-9 Permitted Signs; Business Zoning District A. Permanent Signs: 1. Freestanding Business Signs:On lots less than three(3)acres with one street frontage,one freestanding business sign thirty two (32) square feet or less feet in area and twelve feet(12') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and twelve feet (12') or less in height per street frontage with an entrance/exit shall be allowed. On lots three(3)acres or larger with one street frontage,one freestanding business sign sixty four(64)square feet or less in area and twelve feet (12') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and twelve feet (12') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and twelve feet(12') or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns,if present,constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of.The sign panel color and type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2010-04, 1-12-2010) 2. Building Mounted Business/Identification Signs: a. Single Use Building: i. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way.The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. ii. In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ [ United City of Yorkville Zoning Ordinance ] [ 8 ] Chapter 20: Signs identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: i. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted business or building mounted identification signage for each such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2)square feet in area for each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the tenant's exterior wall. ii. In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant's exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a.There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves,fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. (Ord. 2012-38, 10-23-2012) e.The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty(1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four(24) hours of the malfunction. h.A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick,stone or masonry construction of the principal building's exterior walls. [ United City of Yorkville Zoning Ordinance ] [ 9 ] Chapter 20: Signs i.Table 10.20.01 shows the maximum size of the electronic message display panel. Table 10.20.01 Size of . • Maximum Area of Minimum Time Type of Commercial Building and Location Electronic Message Between Video, Display Panel Animation or Static Text Single commercial tenant building on parcel adjacent to major arterial 32 sq. ft. 5 seconds (Illinois Routes 47, 126, and 71, and U.S. Route 34) Multiple commercial tenant building on parcel adjacentto majorarterial 32 sq. ft. 5 seconds Single commercial tenant building on parcel not adjacent to major 32 sq. ft. 8 seconds arterial Multiple commercial tenant building on parcel not adjacent to major 24 sq. ft. 8 seconds arterial Commercial planned unit development Maximum sign height- 10 feet 75 sq. ft. 5 seconds (Ord. 2012-38, 10-23-2012; amd. Ord. 2012-42, 11-13-2012) B.Temporary Signs: 1. Searchlights: Searchlights. 2. Cold Air Inflatable Devices: Cold air inflatable devices. 3. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 4. Commercial Real Estate Signs:On commercial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area and five feet(5') in height. 5. Construction Signs: One construction sign per lot not to exceed thirty two (32) square feet in area and five feet (5') in height. 6. Wind Feathers: No limit on the quantity per lot.Time period not to exceed thirty(30) days. 7. Banners: One special business event sign per business not to exceed thirty two (32) square feet in area. 8. Portable Signs: One portable sign per business not to exceed sixteen (16) square feet in area. (Ord. 2009-31, 6-9-2009) 9. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop, or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet(3'x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) [ United City of Yorkville Zoning Ordinance ] [ 10 ] Chapter 20: Signs 10-20-10 Permitted Signs; Manufacturing Zoning Districts A. Permanent Signs: 1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a residentially zoned or used lot with one street frontage, one freestanding business sign shall be allowed. Said sign shall be thirty two (32) square feet or less in area and twelve feet (12') or less in height. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and twelve feet(12') or less in height per street frontage with an entrance/exit shall be allowed. On lots three(3)acres or larger with one street frontage, one freestanding business sign shall be allowed. Said sign shall be a maximum of sixty four(64)square feet or less in area and twelve feet(12')or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four(64) square feet or less in area and twelve feet (12') or less in height per street frontage with an entrance/exit shall be allowed. On lots three(3)acres or larger that have a street frontage(s)in excess of eight hundred feet(800')with two(2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and twelve feet (12') or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2009-31, 6-9-2009) 2. Building Mounted Business/Identification Signs: a. Single Use Building: i. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way.The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. ii. In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: i. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted business or building mounted identification signage for each such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent(75%) [ United City of Yorkville Zoning Ordinance ] [ 11 ] Chapter 20: Signs of the width of that part of the tenant's exterior wall. ii. In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant's exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a.There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves,fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. e.The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty(1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four(24) hours of the malfunction. h.A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick,stone or masonry construction of the principal building's exterior walls. Table Size of Electronic Message Signs (Manufacturing) Maximum Area of Minimum Time Size of Parcels Electronic Message Between Video, Display Panel Animation or Static Text Manufacturing parcel of 3 acres or less 32 sq. ft. 8 seconds Manufacturing parcel of more than 3 acres 36 sq. ft. 8 seconds (Ord. 2012-38, 10-23-2012) [ United City of Yorkville Zoning Ordinance ] [ 12 ] Chapter 20: Signs i.Table 10.20.02 shows the maximum size of the electronic message display panel. B.Temporary Signs: 1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Construction Signs: One construction sign per industrial lot not to exceed thirty two(32)square feet in area and ten feet (10') in height. 3. Banners/Special Business Event Sign: One banner/special business event sign per business not to exceed thirty two (32) square feet in area and ten feet (10') in height. 4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet in area. 5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days. (Ord. 2009-31, 6-9- 2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-11 Nonconforming Signs A.Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty(60) days after beginning construction. B.Whenever a nonconforming sign has been discontinued for a period of six(6) months, or whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished and the sign hereafter shall be in conformity with the regulations of this chapter. C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the replacement value at the time,the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this chapter. In the event the damage or destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this chapter. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty(60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage date hereof. New temporary signs shall be allowed only in conformance with the provisions [ United City of Yorkville Zoning Ordinance ] [ 13 ] Chapter 20: Signs contained in this chapter. Such signage must be removed by the close of business of the day the temporary sign permit expires. (Ord. 2009-31, 6-9-2009) 10-20-12 Permitting Procedures Permits for permanent and temporary signs: (Ord. 2009-31, 6-9-2009) A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this chapter. The fee for granting such a permit for signs shall be established by the city council. The schedule of fees for signs shall be posted in the city offices and may be amended only by the city council. A deposit of fifty dollars ($50.00) shall be required at the time of permit application for any temporary banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner sign, unless the applicant is in violation of the provisions of this chapter. Routine sign maintenance, changing of parts designed for change, or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. (Ord. 2010-25, 6-8-2010) B. Application For Permit: Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1.A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the city may be required. 2.A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4.The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5.The name, address and phone number of the applicant. 6. The name of the person. firm cor oration or association erecting.. alterin or movin the si n. Ord. 2009-31 Table 10.20.03 Temp. Frequency and Duration Type of Sign Maximum Duration Maximum Frequency Banners 30 days 5 times per year Sandwich board or A-frame 6 months Renewable Commercial real estate 6 months Renewable Industrial real estate 6 months Renewable Residential marketing 6 months Renewable Grand opening 45 days Once per business Cold air inflatable device 72 hours Once per year Searchlights 72 hours Once per year Wind feather(per property) 30 days ($25.00) Renewable ($5.00 fee) Construction During active building permit issuance Off premises sponsorship banner 8 months: March through October (Ord. 2010-18,4-13-2010; amd. Ord. 2010-25, 6-8-2010) [ United City of Yorkville Zoning Ordinance ] [ 14] Chapter 20: Signs 6-9-2009) C.Temporary Sign Permit Frequency And Duration Per Business: 10-20-13 Sign Variations In addition to the procedures and standards listed in section 10-14-5 of this code regarding variations from the requirements, the zoning board of appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: A. If the sign was erected legally with a sign permit. B. If there are any unique physical characteristics of the property. C. If there are limited available locations for signage on the property. D.The cost to the applicant of complying with the sign ordinance requirements. E. If the sign is on or faces a street with a forty(40) mile per hour or higher speed limit. F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. G. If the sign would be blocked by existing or required landscaping. [ United City of Yorkville Zoning Ordinance ] [ 15 ]